HomeMy WebLinkAbout1992-10-19_COUNCIL PACKETAGENDA
EDINA HOUSING AND REDEVELOPMENT AUTHORITY
EDINA CITY COUNCIL
OCTOBER 19, 1992
7:00 P.M.
ROLLCALL
ADOPTION OF CONSENT AGENDA - Adoption of the Consent Agenda is made by the Commissioners
as to HRA items and by the Council Members as to Council items. All agenda items marked
with an asterisk ( *) and in bold print are Consent Agenda items and are considered to be
routine and will be enacted by one motion. There will be no separate discussion of such
items unless a Commissioner or Council Member or citizen so requests, in which case the
item will be removed from the Consent Agenda and considered in its normal sequence on
the Agenda.
EDINA HOUSING AND REDEVELOPMENT AUTHORITY
I. APPROVAL OF MINUTES of ERA Meeting of October 5, 1992
II. PAYMENT OF ) CLAIMS
III. ADJOURNMENT
EDINA CITY COUNCIL
D.A.T.E. AWARD PRESENTATION
EMPLOYEE RECOGNITION - Don Enger
I. APPROVAL OF MINUTES of the Regular Meeting of October 5, 1992
II. PUBLIC HEARINGS ON SPECIAL ASSESSMENTS Affidavits of Notice by Clerk. Analysis
of Assessment by Manager or Engineer. Public comment heard. Action of Council by
Resolution. 3/5 favorable rollcall vote of all members of the Council required to
pass.
A. Streetscape Improvement No. HRA 90 -10
Business District
B. Tree Removal Improvement No. TR -92 -
- 50th Street and France Avenue
4231 Oakdale Av (Continue to 11/2/92)
III. PUBLIC HEARINGS AND REPORTS ON PLANNING MATTERS Affidavits of Notice by Clerk.
Presentation by Planner. Public comment heard. Motion to close hearing. Zoning
Ordinance: First and Second Reading requires 4/5 favorable rollcall vote of all
members of Council to pass. Waiver of Second Reading: 4/5 favorable rollcall vote
of all members of Council required to pass. Final Development Plan Approval of
Property Zoned Planned District: 3/5 favorable rollcall vote required-to pass.
Conditional Use Permit: 3/5 favorable rollcall vote required to pass.
A. Final Rezoning and Final Plat Approval - PRD -2 Planned Residence District to
R -2 Double Dwelling Unit, District for Vernon Hill Addition - Generally
located north of Crosstown Highway, south of Vernon Avenue and west of
Gleason Road
B. Appeal of Zoning Board of Appeals Decision - Variance.to Install Satellite
Antenna on Roof - 5324 62nd Street West
Agenda - Edina City Council
October 19, 1992 - Page 2
IV. ORDINANCES First Reading: Requires offering of Ordinance only. Second Reading:
Favorable rollcall vote of majority of all members of Council required to pass.
Waiver of Second Reading: 4/5 favorable rollcall vote of all members of Council
required to pass.
A. Ordinance No. 1992 -1 - Amending City Code by Adding New Section 1046 -
Parking and Storage of Vehicles
B. Ordinance No. 1992 -2 - Amending City Code by Adding New Section '716 -
Recycling Service Charges
V. SPECIAL CONCERNS OF RESIDENTS
VI. AWARD OF BIDS
* A. Normandale Golf Coarse Driveway - (Contd from 10/5/92)
* B. Irrigation for New Nine Hole Golf Course - Braemar (Continue to 11/2/92)
* C. Braemar Clubhouse Addition
* D. Storm Sewer Repair - 65th and West Shore Drive
* E. Two Snow Plows and One Wing
VII. RECOMMENDATIONS AND REPORTS
A. Approval of Traffic Safety Committee Minutes of October 13, 1992
B. Public Hearing - Wine and Beer License Fees
C. Resolution - Honeywell Municipal Services Program
D. Appointment - The Edina Foundation Board
E. Appointments - Heritage Preservation Board
* F. Application - Certified Local Government Program
* G. Resolution - ENDOT Certified Training Program
* H. Permit to Discharge Firearm at Braemar Park
VIII. INTERGOVERNMENTAL ACTIVITIES
A. AMM 1993 Proposed Policies and Legislative Proposals
B. AMM Technical Advisory Committee (TAC) Nominations
C. Re- Schedule Joint Council /School Board Meeting
IX. SPECIAL CONCERNS OF MAYOR AND COUNCIL
A. The Edina Foundation Audit
X. MANAGER'S MISCELLANEOUS ITEMS
XI. FINANCE
* A. Payment of Claims as per pre -list dated 10/19/92: Total $643,510.48 and
confirmation of payment of-Claims dated 10/09/92: Total $348,760.82
SCHEDULE OF UPCOMING MEETINGS /EVENTS
Mon
Nov
2
Regular Council Meeting
7:00 P.M.
Council Chambers
Tues
Nov
3
GENERAL /CITY ELECTION
Polls Open 7:00
A.M. - 8:00 P.M.
Wed
Nov
11
VETERANS DAY - CITY HALL'CLOSED
Mon
Nov
16
Regular Council Meeting
7:00 P.M.
Council Chamber:
Thurs
Nov
26
THANKSGIVING DAY - CITY HALL CLOSED
Fri
Nov
27
DAY AFTER THANKSGIVING HOLIDAY - CITY HALL CLOSED
Mon
Nov
30
Truth in Taxation Hearing - 1993 Budget
7:00 P.M.
Council Chambers
NINOTES
OF THE EDINA HOUSING AND REDEVELOPMENT AUTHORITY
OCTOBER 5, 1992
ROLLCALL Answering rollcall were Commissioners Kelly, Paulus, Rice and
Richards.
CONSENT AGENDA ITEMS ADOPTED Notion was made by Commissioner Paulus and was
seconded by Commissioner Kelly to approve the BRA Consent Agenda items as
presented.
Rollcall:
Ayes: Kelly, Paulus, Rice, Richards
Motion carried.
*lIINOTES OF THE MEETING OF SEPTEMBER 21, 1992. APPROVED Notion was made by
Commissioner Paulus and was seconded by Commissioner Kelly to approve BRA
Ninutes of September 21, 1992.
Motion carried on rollcall vote - four ayes.
*CLAIISS PAID Notion was made by Commissioner Paulus and was seconded by
Commissioner Kelly to approve payment of ERA claims as shown in detail on the
Check Register dated October 1, 1992, and consisting of one page totalling
$67,428.76.
Motion carried on rollcall vote - four ayes.
There being no further business on the HRA'Agenda, Chairman Richards declared
the meeting adjourned.
Executive Director
COUNCIL
CHECK REGISTER WED.. OCT 14, 1992, 9:43 PM
COUNCIL DATE
10/19/92
page 1
CHECK#
DATE
CHECK AMOUNT
VENDOR...,
DESCRIPTION
INVOICE
PROGRAM
OBJECT P.O. #
------------------------------------------------------------------------------------------------------------------------------------
12329
10/19/92
$1,539.10
DORSEY & WHITNEY
PROFESSIONAL FEES LEG
291669
50TH STREET
PRO FEES LEG/
< *>
$1,539.10*
12330
10/19/92
$18.00
FISCHER, TANYA
REFUND PARKING PERMIT
PERMIT #
50TH STREET
PARKING PERMI
< *>
$18.00*
12331
10/19/92
$18.00
HENRIKSON, ELENE
REFUND PARKING PERMIT
PERMIT #
50TH STREET
PARKING PERMI
< *>
$18.00*
12332
10/19/92
$3,988.00
HOLLENBACK & NELSON
PARKS
312
EDINBOROUGH
PARKS 474
< *>
$3,988.00*
12333
10/19/92
$10,309.75
MILLER & SCHROEDER I
INTEREST OTHER
100892
CENTENNIAL
LAK
INTEREST OTHE
< *>
$10,309.75*
12334
10/19/92
$245.65
PRIOR LAKE AGG.
PARKS
8/92
CENTENNIAL
LAK
PARKS 470
<*>
$245.65*
12335
10/19/92
$2,550.00
SHAW - LUNDQUIST ASSOC
PARKS
R -14 FIN
CENTENNIAL
LAK
PARKS
< *>
$2,550.00*
12336
1d/19/92
$698.56
VALLEY RICH COMPANY
RESIDENTIAL IMPROVEME
11014
CENTENNIAL
LAK
RESID IMPROVE
< *>
$698.56*
$19,367.06*
COUNCIL CHECK SUMMARY WED, OCT 14, 1992, 9:51 PM page 1
FUND # 01 $19,367.06
$19,367.06"
EMPLOYEE RECOGNIT16N
INVES7�1ENT ADVISERS, INC.
Noel P. Rahn
October 8, 1992 Chief Executive Officer
612.376.2620
Mr. Craig Swanson
Chief of Police
City of Edina
4801 West 50th Street
Edina, MN 55424
Dear Chief Swanson:
I would like to compliment the Edina police force for the wonderful effort and support in the
apprehension of the criminals from the robbery which took place at my home in November 1991.
Along with this gratitude to the entire force, I would like to single out the tremendous efforts that
Don Enger put forth in solving this crime.
I remember the afternoon of the robbery when I went home to find my house and family in
disarray because of this heinous crime. Don introduced himself and said he would be on the case
and "stick with it." Boy, did he ever! He was dogged in his pursuit and, without this
determination, we would never have apprehended these criminals nor recovered some of the
jewelry. His experience and people skills throughout this entire ordeal were very comforting to
our family and, in particular, to my daughter Adriana, who was one of the victims of this crime.
Don did have good cooperation not only from your staff, but also from the FBI and the
Minneapolis police. But, as you know, Don was the quarterback and was able to coordinate
everyone's efforts to conduct a legal and successful campaign.
You know the human price tag of late hours, weekend work, missed dinners, etc., which take place
in solving a case such as this, and Don did all of these things throughout this ordeal. Whenever
anyone makes these sacrifices, they should not go unnoticed -- particularly when this paid off with
a successful conclusion. I would hope that Don receives the hi &hest commendation possible by the
appropriate people for this tremendous effort, and I think It sends a message throughout the
community that criminals had better be careful when coming to Edina.
If there is any way I can assist with any award or recognition of Don, I :would be most happy to do
so for all the fine things he has done for our family.
Finally, I want to thank you personally for the support you have given Don throughout this effort
in allowing him to work on this case.
Sincere .
NOEL P. RAHN
cc - Honorable Frederick S. Richards -
Detective Don Enger
Investment Advisers, Inc.
3700 First Bank Place, P.O. Box 557, Minneapolis. ,Iinnesota 55440 -0357 USA fax 612. 576.2616
6 1 2. 3 7 6. 2 6 0 0
MINUTES
OF THE RECUTAS MEETING OF THE
EDINA CITY COUNCIL HELD AT CITY HALL
OCTOBER 5, 1992
ROLLCALL Answering rollcall were Members Kelly, Paulus, Rice, and Mayor
Richards.
CONSENT AGENDA ITEMS APPROVED Notion was made by Member Paulus and was seconded
by Member Kelly to approve and adopt the Council Consent Agenda items as
presented, with the exception of removal of item VI. B., New Nine Hole Golf
Course - Braemar and VI. C., Reconstruction of Normandale Golf Course.
Rollcall:
Ayes: Kelly, Paulus, Rice, Richards
Motion carried.
*MINUTES OF SEPTEMBER 8 AND 21, 1992, APPROVED Motion was made by Member Paulus
and was seconded by Member Kelly to approve the Council minutes of the regular
meetings of September 8 and September 21, 1992.
Motion carried on rollcall vote - four ayes.
PUBLIC HEARINGS CONDUCTED ON SPECIAL ASSESSMENTS: ASSESSMENTS LEVIED Affidavits
of Notice were presented, approved and ordered placed on file. Due notice having
been given, public hearings were conducted and action taken as recorded on the
following proposed assessments:
1. SIDEWALK IMPROVEMENT NO. S -53
Location: Cornelia Drive
Analysis of assessment for Sidewalk Improvement No. S -53 showed total
construction cost of $21,776.56 proposed to be assessed as follows: $5,444.20
School District, $5,444.20 City,— and— $10- 8- 8- 8- 1- 6— ag &inst 138 residential lots at
$80.06 per lot. Assessment to be spread over ten years. James Trow, 7330
Cornelia Drive, objected to the proposed assessment because not all abutting
residential lots were included. Engineer Hoffman explained that the improvement
was petitioned for by the Cornelia School PTA to provide safety for children who
must walk to school. The cut -off area was based on school bus stops. No other
objections were heard except that three written objections to the proposed
assessment were received prior hereto. Assessment for Sidewalk Improvement No.
S -53 approved by motion of Member Rice, seconded by Member Kelly and carried
unanimously. (Assessment levied by resolution later in Minutes.)
2. CURB AND GUTTER IMPROVEMENT NO. B -91
Location: West 54th Street from Abbott Place to Zenith Avenue
Analysis of assessment for Curb and Gutter Improvement No. B -91 showed total
construction cost of $8,350.04, less general fund reimbursement of $1,179.96 for
a total cost of $7,170.96• proposed to be assessed against 209.8 assessable feet
at $34.18 per foot. Assessment to be spread over ten years. The improvement was
petitioned for by three property owners. No objections were heard and no written
objections to the proposed assessment were received prior hereto. Assessment for
Curb and Gutter Improvement No. B -91 approved by motion of Member Paulus,
seconded by Member Kelly and carried unanimously. (Assessment levied by
resolution later in Minutes.)
3. CURB AND GUTTER IMPROVEMENT NO. B -92
Location: Birchcrest Drive from West 60th Street to Porter Lane
Analysis of assessment for Curb and Gutter Improvement No. B -29 showed total
construction cost of $15,039.90 proposed to be assessed against 765 assessable
feet at $19.66 per foot. Assessment to be spread over ten years. The
improvement was petitioned for by abutting property owners. No objections were
heard and no written objections to the proposed assessment-were received prior
hereto. Assessment for Curb and Gutter Improvement No. B -92 approved by motion
of Member Kelly, seconded by Member Rice and carried unanimously. (Assessment
levied by resolution later in Minutes.)
4. SIDEWALK IMPROVEMENT NO. 5 -56
Location: Thielen Avenue
Analysis of assessment for Sidewalk Improvement No. S -56 showed total
construction cost of $10,524.12 proposed to be assessed against 1,603.2
assessable square feet at $6.29 per square foot, plus $440.00 per lot for a tree.
Assessment to be spread over ten years. The improvement was a sidewalk repair
project for 14 properties. No objections were heard but written objection to the
proposed assessment was received from Evelyn Bros, 4366 Thielen Avenue, who,
alleged that the sidewalk on her property was damaged by City snowplows when
storing snow at the block's dead end. Engineer Hoffman affirmed that the City
does store snow in that location and damage could have occurred over the years
because of the salt. He recommended that the assessment for 4366 Thielen Avenue
be reduced by one -third to be paid from the Engineering budget. Assessment for.
Curb and Gutter Improvement No. B -92 approved by motion of Member Rice, seconded
by Member Kelly and carried unanimously, with the exception that the assessment
to the property owner at 4366 Thieleu Avenue be reduced by one- third..
(Assessment levied by resolution later in Minutes.)
5. MAINTENANCE IMPROVEMENT NO. M-92
Location: 50th and France Business District
Analysis of assessment for Maintenance Improvement No. M -92 showed total
maintenance cost of $63,261.40 proposed to be assessed against 322,269 assessable
feet at $0.1963 per foot. One year assessment payable in 1993. Engineer Hoffman
explained that $10,000.00 for parking ramp maintenance has been included as
discussed and approved by Council in the budget process. No objections were
heard and no written objections to the proposed assessment were received prior
hereto. Assessment for Maintenance Improvement No. M -92 approved by motion of
Member Kelly, seconded by Member Rice and carried unanimously. (Assessment
levied by resolution later in Minutes.)
6. STREETSCAPE IMPROVEMENT NO. HRA -90 -10
Location: 50th and France Business District
Analysis of assessment for Streetscape Improvement No. HRA -90 -10 showed total
construction cost of $2,284,304.20, less 80% tax increment reimbursement, for a
total assessable cost of $456,860.84 proposed to be assessed against 376,529
square feet of floor area at $1.214 per square foot. Assessment to be spread
over ten years. Written objection to the proposed assessment was received from
Cineplex - Odeon. James Layer, co -owner the 50th & France Building at 3939 West
50th Street, objected that the detailed breakdown of costs was not included in
the notice of the proposed assessment sent to' the 50th and France Business
District property owners. Motion of Mayor Richards was seconded by Member Kelly
to continue the public hearing on Streetscape Improvement No. HU -90 -10 to the
Council meeting of October 19, 1992.
Ayes: 'Kelly, Rice, Richards
Nays: Paulus
Motion carried.
7. AQUATIC WEEDS IMPROVEMENT 1NO. AQ -92
Location: Indianhead Lake
Analysis of assessment for Aquatic Weed Improvement No. AQ -92 for Indianhead Lake
showed total cost of $7,302.57 proposed to be assessed against 33 homes at
$221.29 per home. One year assessment payable in 1993.
Location: Mill Pond
Analysis of assessment for Aquatic Weed Improvement No. AQ -92 for Mill 'Pond
showed total cost of $6,131.76, less City contribution of $1,500.00 for a total
assessable -cost of $4,631.75 proposed to be assessed against 63 homes at $73.52
per home. One year assessment payable in 1993. No objections were heard and no
written objections had been received prior, hereto. Assessment for Aquatic Weed
Improvement No. AQ -92 approved by motion of Member Paulus,. seconded by Member
Rice and carried unanimously. (Assessment levied by resolution later in
Minutes.)
8. TREE REMOVAL IMPROVEMENT NO. TR -92
Locations: 3908 West 54th Street, 5220 West 56th Street, 4119 West 62nd
Street, 4301 West 70th Street, 4231 Alden Avenue, 4601 Cascade Lane, 4605
Cascade Lane, 6820 Cheyenne Trail, 6017 Chowen Avenue, 4814 Golf Terrace,
6216 Maloney Avenue, 5817 Northwood Drive, 4231 Oakdale Avenue, 3905
Sunnyside Road, 4007 Sunnyside Road, 6308 Waterman Avenue, unplatted
property (32- 117 -21 -22 -0048)
Analysis of assessment for removal of diseased trees showed total cost of
$10,866.02 proposed to be assessed against 17 lots. Assessment to be spread over
six years for 5220 West 56th Street, 4301 West 70th Street, 4814 Golf Terrace,
6308 Waterman Avenue. Assessment to be spread over five years for 3908 West 54th
Street. Assessment to be spread over one year for 4119 West 62nd Street, 4231
Oakdale Avenue. Assessment to be spread over three years for the remaining
properties.
Dan Adams, 4231 Oakdale Avenue, objected to his proposed assessment because he
had informed the City that he would contract independently for removal of the
diseased elm tree on his property. Prior to arrival of his private contractor,
the top portion of the tree had been removed by the City's contractor. Upon
contacting the City again he was .told that he would not be charged for removal of
the top limbs. Park Director Kojetin suggested the assessment against 4231
Oakdale Avenue be deferred to the Council meeting of October 19, 1992.
Assessment for Tree Removal Project No..TR -92 approved by motion'of Member
Paulus, seconded by Member Kelly and carried unanimously, with the hearing on the
assessment for 4231 Oakdale Avenue continued to October 19, 1992. (Assessment
levied by resolution later in Minutes.)
Following the presentation of analysis of assessments and approval, Member Rice
introduced the following resolution and moved adoption:
SPECIAL ASSESSMENTS LEVIED ON ACCOUNT
OF vmaous PUBLIC IMPROVEMENTS
BE IT RESOLVED by the City Council of the City of Edina, Minnesota, as follows:
1. The.City has given notice of hearings as required by law on the proposed
assessment rolls for the improvements hereinafter referred to, and at such
hearings held on October 5, 1992, has considered all oral and written objections
presented against the levy of such assessments.
2. Each of the assessments as set forth in the assessment rolls on file in the
office of the City Clerk for the following improvements:
Sidewalk Improvement No. S -53
Curb and Gutter Improvement No. B -91
Curb and Gutter Improvement No. B -92
Sidewalk Improvement No. S -56
Maintenance Improvement No. M -92
Aquatic !Needs Improvement No. AQ -92
Tree Removal Improvement No. TR -92
does not exceed the local benefits conferred by said improvements upon the lot,
tract or parcel of land so assessed, and all of said assessments are hereby
adopted and confirmed as the proper assessments on account of said respective
improvements to be spread against the benefitted lots, parcels and tracts of land
described therein.
3. The assessment shall be payable in equal installments, the first of said
installments, together with interest at a rate of 8.5% per annum, on the entire
assessment from the date hereof to December 31, 1993, to be payable with the
general taxes for the year 1993. To each subsequent installment shall be added
interest at the above rate for one year on all then unpaid installments. The
number of such annual installments shall be as follows:
Name of Improvement No. of Installments
SIDERALK IMPROVEMENT NO. S -53 (Levy No. 12591) 10 years
CURB AND GUTTER IMPROVEMENT NO. B -91 (Levy No. 12593) 10 years
CURB AND CUTTER IMPROVEMlM NO. B -92 (Levy No. 12594) 10 years
SIDEVAIX IMPROVEMENT NO. S -56 (Levy No. 12592) 10 years
MAINTENANCE IMPROVEMENT N0. M -92 (Levy No. 12581) 1 year
AQUATIC VEEDS IMPROVEMENT NO. AQ -92 (Levy No. 12584) 1 year
TREE REMOVAL PROJECT NO. TR -92: (Levy No. 12585) 1 year
(Levy No. 12586) 3 years
(Levy No. 12587) 5 years
(Levy No. 12588) 6 years
4. The City Clerk shall forthwith prepare and transmit to the County Auditor a
copy of this resolution and a certified duplicate of said assessments with each
then unpaid installment and interest set forth separately, to be extended on the
tax lists of the County in accordance with this resolution.
5. The City Clerk shall also mail notice of any special assessment which may be
payable by a county, by a political subdivision, or by the owner of any right -of-
way as required by Minnesota Statutes, Section 429.061, Subdivision 4, and if any
such assessment is not paid in a single installment, the City Treasurer shall
arrange for collection thereof in installments, as set forth in said section.
Motion for adoption of the resolution was seconded by Member Kelly.
Rollcall:
Ayes: Kelly, Paulus, Rice, Richards
Resolution adopted.
PUBLIC HEARING CONDUCTED: PETITION DISMISSED FOR ENVIRONMENTAL ASSESSMENT
WORKSHEET FOR ?LARK DALOUIST ADDITION
Presentation by Planner
Planner Larsen reminded Council that the property proposed for. subdivision is
located south of Interlachen Boulevard and west of Schaefer Road with a gross
area of approximately 10.5 acres. Currently, there is a new single family home
under construction in the southwesterly portion of the property with access off
Schaefer Road. The proponent, Mark Dalquist, has submitted a subdivision request
to create four new buildable lots with access off Harold Woods Lane.
Council previously heard the proposal on July 20, 1992, and September 8, 1992.
On September 8, 1992, staff was advised that by the Minnesota Environmental
Quality Board (EQB) that a petition had been submitted requesting an
Environmental Assessment Worksheet (EAW) to consider environmental impacts of the
proposed subdivision. The Council voted to continue the matter to the meeting of
October 5, 1992, so that findings of fact could be drafted regarding the need for
an EAW.
Staff has prepared the Findings of Fact, Conclusion and Decision on the petition
and if Council adopts the resolution to deny the petition, the Findings of Fact
should be adopted as part of the record. If the petition is dismissed, the
City's review process is not affected in any way. Dismissal of the petition
would allow the Council to consider and act on the request for preliminary plat
approval. If Council determines an EAW should be prepared for this development,
action on the plat must be delayed until the EAW is completed and acted. on by
Council. Planner Larsen referenced a letter from Attorney Gilligan whih
discussed the process,. steps and options regarding the EAW.
Planner Larsen said that after reviewing letters received on October 2, 1992, ,
from the MN Department of Natural Resources (DNR) and also from Messerli &
Kramer, attorneys representing concerned neighbors, regarding the request for an
EAW, staff would make no change in the recommendation to dismiss the petition.
Public Comment
William Turkula, Messerli & Kramer, representing residents of the neighborhood,
said their main concern was the impact of the proposed number of homes in this
delicate environmental area. They do not want to stop the development but do not
believe it to be a reasonable use of the land. The EAW would give the City a
vehicle to assess these environmental concerns and that was the reason the
petition was filed.
Bernie Nelson, 5008 Schaefer Road, asked what the white stakes in his backyard
represented. Engineer Hoffman explained that, at the request of the City, the
stakes were placed there by Barr Engineering, who are also consultants for the
Nine Mile Creek Watershed District, to delineate the wetlands line according to
the 1991 Wetland Conservation Act. Mr. Nelson said that, because he has the
lowest lot and the stormwater level goes higher in his yard than the stakes
portray, he was concerned that water could enter his basement.
Ted Pier, 5021.Ridge Road, mentioned that one of the wetland stakes was
positioned adjacent to a stake that was placed earlier marking the 30 foot
setback on Lot 3 of the proposed plat. Engineer Hoffman said Barr Engineering
was only defining the wetlands boundary. He explained that, by definition,
wetlands boundaries are very different from high water lines. Further, setbacks
from a body of water are totally a planning issue. Mr. Pier said it appears that
the wetland area extends into the area where the developers are intending to
build a house and that is of concern.
Betsy Robinson, 5021 Ridge Road, asked what impact the DNR letter had over the
recommendation of the City Planning Department. She mentioned that she had met
with Ceil Strauss and Thomas.Balcom of the DNR, both of whom had expressed great
concern over the fragileness of the area. Their letter clearly indicated that
they are in favor of retaining the 100 foot setback from the ponds and that they
recommend a discretionary EAW. Mayor Richards commented that all information is
important.
Proponent Comment
Mark Dalquist, 5012 Schaefer Road, stated that the petition requesting an EAW is
based on generalities and that the signers in some cases were not properly
informed. In response to a letter he had written to all the affected neighbors,
one called to say he was told the Dalquists were not concerned about the
environment. Mr. Dalquist said that over the years they have clearly
demonstrated that they are environmentalists. Neighbors also were told that the
lowlands would be flooded if the development was approved. Mr. Dalquist said
that was not true because they do not intend to change the drainage. Further, a
letter from Roger Johnson, 5004 Schaefer Road, asked that his name be removed
from the petition. Mayor Richards asked Mr. Dalquist if he felt the Council had
sufficient facts to deal with the petition for the EAW. Mr. Dalquist responded
that he felt further studies would serve no purpose.
Council Comment /Action
Hearing no further public comment, Mayor Richards stated that the matter before
the Council is to determine whether an EAW should be prepared for the
development.
Member Rice referred to the stormwater analysis plan submitted on behalf of the
proponents by McCombs Frank Roos Associates, Inc. and asked if the analysis had
been reviewed by staff. Engineer Hoffman responded that it had been reviewed by
both the City Engineer and Barr Engineering, consultant for the City. Their
conclusion was that the methodology used met professional standards and the
analysis was acceptable and reasonable for consideration of the preliminary plat.
Member Rice made a motion to adopt the Findings of Fact, Conclusions and Decision
in the matter of the determination for an EAW for the Dalquist Addition
Subdivision and moved adoption of the following resolution:
RESOLUTION DENYING THE PETITION FOR
PREPARATION OF AN ENVIRONMENTAL ASSESSMENT VORKSHEET (EAW)
FOR DALQUIST ADDITION SUBDIVISION
WHEREAS, a Petition was duly filed on September 4, 1992, with the Environmental
Quality Board of the State of Minnesota (EQB) by the required number of
petitioners requesting an EAV be prepared for the Dalquist Addition Subdivision,
proposed by CDS Partners; and
WHEREAS, pursuant to Minnesota Rules regarding the preparation of EAQs, the EQB
has appointed the City of Edina as the Responsible Governmental Unit (RGU) to
determine the need for an EAW; and
WHEREAS, the City Council of the City of Edina, pursuant to Minnesota Rules and
the direction of the EQB, has as the duly appointed RGII, examined the evidence
set forth in the Petitioner's Petition; and
WHEREAS, after consideration of evidence presented by the petitioners, proposers,
City staff, consultants to the City, and other interested parties, together with
testimony presented at regularly scheduled City Council meetings of September 8,
1992, and October 5, 1992, the City Council has determined that the evidence
presented does not demonstrate that the Dalquist Addition Subdivision may have
the potential to cause significant environmental effects; and
WHEREAS, the Subdivision regulations of the City of Edina, together with the
required review and permit processes of other agencies, including, but no limited
to the Nine Mile Creek Watershed District, provide the necessary review
regulation and protection measures to evaluate the appropriateness of the
requested subdivision;
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Edina,
Minnesota, acting as the appointed RGII, hereby dismisses the Petition for an EAW
for the Dalquist Addition Subdivision.
Motion was seconded by Member Kelly.
Member Kelly observed that, although this is a sensitive area, it has been
studied by competent individuals and she concurs with their judgement. Mayor
Richards said he concurred, and that he believed the City is capable of dealing
with local land use issues.
Rollcall:
Ayes: Kelly, Paulus, Rice, Richards
Resolution adopted.
PUBLIC HEARING FOR PRELIMINARY PLAT APPROVAL FOR MARK DALOUIST ADDITION CONTINUED
TO 11/02/92
Presentation for Proponents
Mike Gair, McCombs Frank Roos Associates, representing the CDS development
partnership, noted that Greg Frank, President, and Brian Johnson, Registered
Engineer, were present to answer any engineering questions on the proposed Mark
Dalquist subdivision.
Mr. Gair gave a comprehensive presentation and showed graphics of the proposed
Dalquist Addition Subdivision summarized as follows. Alternatives considered
were an earlier seven lot subdivision which now would not meet Ordinance No. 804
requirements and a four lot subdivision (large south lot plus three lots on the
cul -de -sac moved south to improve depth for proposed Lot 4). The proposed five
lot subdivision now before Council would include the large south lot plus four
new buildable lots on the cul -de -sac from Schaefer Road.
Because the City's subdivision ordinance requires a 100 -foot perpetual easement
upland from the ordinary high water mark (OHW), in this case 937.5 as established
by the DNR, the building pads for the four new lots would allow homes of
approximately 65 feet by 90 feet. Because the pads are not the configuration of
homes being built today, the proponents are asking for a variance from the
required 100 foot perpetual easement from the ponds. For Lots 4, 5 and 2 the
request is for a 25 -foot variance from the 100 foot easement. In the case of
Lot 3, the request is for a 30 -foot easement from the finger of water on the
north pond. As part of the proposal, sideyard setbacks have been increased from
the standard 10 feet to 35 feet to provide additional separation.
Mr. Gair mentioned that the recently approved six lot Wooddale Lakes Addition was
granted a 50 foot variance from the 100 foot perpetual easement requirement. In
the proposed Mark Dalquist Addition Subdivision, the requested variances would
not affect the hydrologic efficiency of the ponds as indicated by the studies.
Most of the area the developers are trying to gain would be the existing
manicured lawn area of the property.
The five lot subdivision would exceed the neighborhood median requirements of the
ordinance. The average building separation of the 53 homes in the 500 foot
neighborhood area is 75.56 feet with a median lot coverage of 13.05 percent. The
proposed subdivision would have an average building separation of 162 feet with
an average lot coverage of 5.8 percent.
A cross section graphic of the proposed subdivision showed elevations of homes on
Lots 4 and 5 built above the 100 year water level of approximately 940 feet and
the extent of filling that would be required to accommodate the homes. All homes
are proposed to be built at elevations of 942 feet or above and would maximize
the existing topography.
In response to questions raised by the Council on July 20, 1992, Mr. Gair offered
the following comments. Regarding the question of how the setback from the ponds
is measured to protect the water bodies, Mr. Gair said that Ceil Strauss, DNR
Area Hydrologist, offered the following direction: 1) some flexibility might be
allowed in considering the requested variance for Lot 3 because alteration of the
shoreline was made in the past to accomplish a water equalization pumping system,
2) consideration of a setback of 30 to 35 foot from the OHW may be acceptable for
water bodies such as these ponds, and 3) establishment of an impact zone around
the pond of one -half the distance of the setback (50 feet).
Regarding concerns about the Schall home now being constructed, it, is an L- shaped
configuration tucked back into the extreme southwestern portion of the property
and is substantially beyond the 100 foot setback except for one wain wall.
Access is from Schaefer Road with only the driveway and access to the building
within the 100 setback.
As to character and symmetry, the neighborhood is varied with larger and smaller
homes, two stories and ramblers. Ron Clark, the builder, is trying to be
sensitive to the market with regard to the character, type and value of the homes
that might be built on this valuable property.
With regard to demonstrated hardship, Mr. Gair said that this is not a variance
for lot size, setback or for public health /safety reasons but only for the
perpetual easement to protect the hydraulic efficiency and the natural character
of the area. He noted that the requested 75 foot setback from the ponds for Lots
4, 5 and 2 and the requested 30 foot setback for Lot 3 is coincidental to the
existing tree /woodland line.
The existing sanitary sewer, which runs through the center of the property
serving properties on Ridge Road, could be moved if it was. determined that it
would serve a better purpose for the development. Mr. Gair concluded his
presentation by showing slides which illustrated the physical characteristics,
scale, proportions and probable building pads of the proposed subdivision.
Pubic Comment
William Turkula, Messerli & Kramer, representing residents of the neighborhood,
said it appears that the burden is on the City to show that the variance should
be granted based on hardship. He submitted that the heavy burden is on the
developer to justify the request for the variance. He referenced annotations to
Minn. Stat. 394.27 in which the courts have said that where an applicant for a
variance has purchased property after constructive knowledge of the zoning
ordinance restrictions then it is a self created hardship and does not constitute
a legal basis to justify the variance. In this case, the developers have
designed the subdivision. so that it cannot be built without variances - that is
not a hardship that the courts will recognize. He reiterated that the
neighborhood residents do not want to stop the development, but they do not
believe that acting in this fashion is a responsible enforcement of the existing
regulations that apply to subdivisions.
Patrick Mantyh, 6413 Interlachen Boulevard, said his home is to the northwest
across the pond from the proposed subdivision. They purchased their home three
years ago because of the view and wildlife in the area. They were aware there
could be a subdivision of the Dalquist property at some time and were told that
Edina is very strict in enforcing a required' 100 foot setback from the pond.•
About a year and a half later, they decided to convert their garage, which faced
the pond, into a bedroom and applied for a 10 foot variance to extend their
garage forward and were denied. When the sign went up for the Dalquist
subdivision, he spoke to Mr. Dalquist who said he may build four to six lots.
Mr. Mantyh then spoke to the Planning Department and asked if that were possible.
He was told that no more than three houses could be built on the property. When
the mailed notice arrived he was appalled to see that the Planning Department was
recommending that the subdivision be approved. Mr. Mantyh objected to the
inclusion of Lot 1 (the Schall home) in determining median lot size for the
subdivision and said questions such as tree loss and filling were not addressed.
He said he would like to see the laws applied fairly and equitably, i.e. the 100
perpetual easement, no matter who is the developer. He concluded that the entire
presentation has been centered on economics and that does not constitute a
hardship.
Peggy Carlisle, 5013 Ridge Road, commented she also had been through the
remodeling. process and was denied a variance resulting in placement of her garage
at odds to the street in order to comply with the ordinance. She pointed out
that three fourths of the area around the pond is developed and all those
properties have maintained the 100 foot setback. She asked that the setback be
applied to the new subdivision as it has been to the existing homes.
Ted Pier, 5021 Ridge Road, reiterated that the neighbors.are not objecting to the
development, but are asking that everyone abide by the same rules. He said the
neighbors have faith in City government and believe that the ordinances were
designed to help and guide all the citizens. When purchasing their homes, they
had the reasonable expectation that there would not be houses built closer than
100 feet from the pond's high water mark since that was the law.
Edward Glickman, 5217 Schaefer Road, said it appears that the proponents want a
variance because of hardship. The ordinances are very specific on what a
hardship is and the proposal does not even come close on the multi - points
required to meet the ordinance standards or state statutes for a hardship as he
had indicated in his letter of July 23, 1992 to the Planning Commission. He said
that Mr. Dalquist purchased the property 18 months after the ordinance was passed
requiring the 100 foot setback and 12 months after the sewer construction was
approved. Further, Mr. Schall began building his home in April, 1992 and shortly
thereafter the proposed subdivision was presented with the variance thereon.
He urged that the rules be followed and that the 100 foot setback be enforced.
Mark Dalquist, 5012 Schaefer Road, pointed out on an aerial photo the proximity
of the existing area homes to each other and to the pond. He submitted that the
four houses in the proposed subdivision will have more separation, will not be
obtrusive and that the subdivision will appear less dense. He reiterated that he
has protected the ecology of the area during the years he has owned the property.
He pointed out that he has planted trees on the property over the years and that
only a minimal number will be taken down for construction of the homes. Without
the requested variance, the houses would not have the design possibilities that a
variance would provide.
Dee Dalquist, 5012 Schaefer Road, commented that the variances were not requested
to make more money but to give the architect more freedom in designing the homes.
Council Comment /Action
Mayor Richards then asked for Council comment and action on the request for
preliminary plat approval for the five lot subdivision. He reminded the Council
that this proposal was heard by the Planning Commission on two occasions and the
Commission had recommended denial.
Member Rice asked Planner Larsen to confirm that the developers could build four
homes in addition to the Schall home and still meet all ordinance requirements
without variances. Planner Larsen answered that it would be possible as there is
still some buildable area although argumentive. Member Rice commented that he
believed this proposal got off -track because of the perceived "end run" of the
Schall property and that he had some concerns about that process. Relative to
the concerns about drainage and. the,. environment, Member Rice said he has to rely
on the opinions of the experts. Although there are numerous issues involved,
Member Rice said the proponents have not demonstrated all of the requirements to
grant a variance based on hardship. He felt that there may be alternative ways
to design the subdivision that would uphold. the 100 foot setback requirement.
Member Paulus emphasized that the proponents have repeatedly said they wanted the
variance for more architectural freedom in designing the houses and, according to
the ordinance, that is not a condition for granting a variance. The proponents
have said that by obtaining the variance the houses would be more marketable,
which borders on economic hardship. For that reason, Member Paulus said she
would vote for denial. Further, that a consistent standard should be applied in
granting or denying variances for a particular area.
Member Kelly said she concurred with comments made by Members Rice and Paulus.
Because she was also concerned with lot coverage in this sensitive neighborhood,
she believed the 100 foot easement should be adhered to.
Mayor Richards commented that he concurred with the views stated by the other
Council Members as it pertains to the variance. He asked if a denial of the
subdivision would preclude the proponents from seeking any type of development in
some other configuration within a one year period of time. Planner Larsen
responded that requirement only applies to rezoning property. The proponents
could return at any time with the same proposal or a modified one. He reminded
Council that some action should be taken at this hearing because of the 120 day
requirement.
Ron Clark, representing the developers, asked if they could work with staff and
bring back a proposal more in keeping with the comments of. the Council regarding
the 100 foot setback if they agreed to an extension of the 120 day limit.
Planner Larsen responded that the appropriate thing would be to extend the time
period.
Member Paulus made a motion to continue the public hearing on the request for
preliminary plat approval for the Mark•Dalquist Addition (Lot 11, Auditor's
Subdivision No. 325) to November 2, 1992, subject to vaiver of the 120 day period
by the proponents, vith the understanding that any modified proposal be heard by
the Planning Commission on October 28, 1992. Motion was seconded by Member
Rice.
Ron Clark k, representing the developers, stated that they agreed to extending the
period for preliminary plat approval to November 2, 1992.
Mayor Richards then called for vote on the motion.
Ayes: Kelly, Paulus, Rice, Richards
,Lotion carried.
*DRAFT CODE SECTION 1046 CONTINUED TO 10/19/92 (PARKING AND STORAGE OF VEHICLES
AND EOUIPMENT) Assistant Manager Hughes recalled that on August 3, 1992, the
Council had directed staff to prepare a revision to the code section regulating
parking and storage of vehicles. The Council directed that the revised section
provide a mechanism for grandfathering vehicles which are parked in conformance
with current City ordinances (i.e. on the driveway, but not closer than 15 feet
to the street or five feet to a side lot line).
In response staff has prepared draft Section 1046 which contains the following
standards: •
1. Commercial usage vehicles and inoperable vehicles must be stored in garage.
2. RVs, boats, ATVs, snowmobiles, utility trailers, and off -road vehicles can
be stored outdoors subject to the following:
(a) No more than two vehicles per lot, not more than one of•which may be
an RV.
(b) Vehicle must be owned or leased by the occupant of the lot where
stored.
(c) Vehicle must be stored in side yard, but not closer than five feet
to side lot line, or rear yard but not closer than 25 feet to rear
lot line. No storage allowed in front or side street setback.
(d) Vehicle must' be parked closer to owner's house than to buildable
area on adjoining lot.
(e) Vehicle may be parked in driveway for seven days or less for
loading /unloading or to accommodate visitors. Vehicle must be 15
feet from street and five feet from side lot line.
The proposed Section 1046 would establish a variance system as follows:
1. Zoning Board of Appeals would hear variance requests to park vehicles in
non - permitted locations.
2. Residents within 200 feet of request notified of hearing.
3. Board may attach conditions, e.g. screening.
4. Board action may be appealed to Council.
5. Variance may be transferred to another vehicle provided that the vehicle
is not longer, wider, taller, or older than the vehicle for which the
variance was granted.
Since adoption of the Code on August 3, 1992, a grandfather clause has been added
(1046.06) whereby existing RVs, boats, ATVs, snowmobiles and trailers may
continue to be parked on driveways on R -1 and R -2 District lots subject to the
following:
1. Vehicle must be operable.
2. No more than one vehicle in the driveway per lot.
3. Not within 15 feet of street or five feet of side lot line.
4. Not transferable to a different vehicle or a different lot.
Public Comment
Gary Alan Bartolett and Gary L. Bartolett, 7.421 Gleason Road, voiced objection to
the draft ordinance and made the following comments, 1) what is the public issue,
2) believe there is no Section 1045 to repeal, 3) this is a misdemeanor ordinance
(an act) and by adding the grandfather clause it becomes a zoning ordinance for
personal property and makes no sense.
William Hanson, 5801 Johnson Drive, felt the grandfather clause has not taken
into consideration the residents who were there before the RV appeared. He felt
affected residents have rights also but may be reluctant to speak out. Owners of
RVs have some responsibilies to the neighbors and to the City.
Mayor Richards suggested that, because of the absence of Member Smith, the
Council consider continuing the matter to the next Council meeting.
Member Kelly made a motion to continue the public hearing on the proposed Code
Section 1046 - Parking and Storage of Vehicles and Equipment to October 19, 1992,
when the full Council would be in attendance. Motion was seconded by Member
Rice.
Ayes: Kelly, Paulus, Rice, Richards
Motion carried.
BID AVARDED FOR $3.975.000 G.O. RECREATIONAL FACILITY BONDS, SERIES 1992A
It was reported that 3 sealed bids for the bonds had been received at the
time and place designated in the Terms of Proposal approved by resolution of the
Council at the meeting held on September 8, 1992, and included in the Official
Statement circulated by the City's financial advisor on behalf of the City. The bids
received were as follows:
Bidder
FBS INVESTMENT SERVICES, INC.
DAIN BOSWORTH INCORPORATED
MERRILL LYNCH & CO.
NORWEST INVESTMENT SERVICES,
INCORPORATED
PIPER JAFFRAY, INC.
SMITH BARNEY, HARRIS UPHAM &
COMPANY INCORPORATED
AND ASSOCIATES
- In Association With -
HARRIS TRUST AND SAVINGS BANK
KIDDER, PEABODY & COMPANY,
INCORPORATED
KEMPER SECURITIES, INC.
CLAYTON BROWN & ASSOCIATES,
INCORPORATED
GRIFFIN, KUBIK, STEPHENS &
THOMPSON, INC.
William Blair & Company
LEHMAN BROTHERS
PRUDENTIAL SECURITIES, INC.
DEAN WITTER REYNOLDS INCORPORATED
PAINEWEBBER INCORPORATED
BEAR, STEARNS & CO., INC.
A. G. EDWARDS & SONS, INCORPORATED
AND ASSOCIATES
Interest
Rates
4.00%1996
4.40%1997
4.70%1998
4.90%1999
5.00%2000
5.20%2001
5.40%2002
5.50%2003
5,66%2004
5.70% 2005
5.80%2006
5.90%2007
5.95% 2008
6.00% 2009 -2010
6.05% 2011 -2013
5.50% 1996 -2003
5.60% 2004
5.75% 2005
5.80%2006
5.90%2007
6.00% 2008 -2013
4.50%1996
4.60%1997
4.80%1998
5.00%1999
5.20%2000
5.35%2001
5-50%2002
5.60%2003
5:70% 2004
5.80%2005
5.90%2006
6.00% 2007 -2009
6.10% 2010 -2011
6.15% 2012 -2013
Net Interest True Interest
Price Cost Rate
$3,931,275.00 $3,311,625.00 5.9417%
$3,921,337.50 $3,337,919.17 6.0120%
$3,921,337.50 $3,369,549.17 6.0572%
Ir
its adoption:
Member Paulus then introduced the following resolution and moved
RESOLUTION RELATING TO $3,975,000 GENERAL
OBLIGATION RECREATIONAL FACILITY BONDS, SERIES
1992A; AWARDING THE SALE, FIXING THE FORM AND
DETAILS, PROVIDING- FOR THE EXECUTION THEREOF AND
THE SECURITY THEREFOR
BE IT RESOLVED by the City Council of the City of Edina, Minnesota
(the Issuer), as follows:
Section 1. Authorization and Sale.
1.01. Authorization and Outstanding Bonds. This Council, by a
resolution adopted on September 8, 1992, authorized the sale of $3,975,000 General
Obligation Recreational Facility Bonds, Series 1992A (the Bonds) of the Issuer,
pursuant to Minnesota Laws 1961, Chapter 655 (the Act), and Minnesota Statutes,
Chapter 475, in order to finance the acquisition and betterment of certain
improvements (the Improvements) to the municipal recreational facilities of the
Issuer. The Bonds shall be payable primarily out of the net revenues (the Net
Revenues) to be derived from the municipal golf courses, ice arena and liquor stores
of the Issuer. There is currently payable out of all or a portion of the Net Revenues
the General Obligation Golf Course Bonds, Series 1985 of the Issuer, initially dated as
of September 1, 1985 (the 1985 Bonds), the General Obligation Recreational Facility
Bonds, Series 1988 of the Issuer, initially dated as of October 1, 1988 (the 1988 Bonds),
and the General Obligation Recreational Facility Bonds, Series 1989 of the Issuer,
initially dated as of April 1, 1989 (the 1989 Bonds). Simultaneously with the
issuance of the Bonds the Issuer is issuing its General Obligation Recreational
Facility Refunding Bonds, Series 1992C (the 1992C Bonds), to refund a portion of the
1985 Bonds, 1988 Bonds and 1989 Bonds, and the 1992C Bonds are to be payable out
of the Net Revenues.
1.02. Findings. It is hereby found, determined and declared that the
Net Revenues in the fiscal year ended December 31, 1991 totalled $1,064,781, which
amount exceeds the maximum amount of principal and interest to become due in
any future fiscal year on the Bonds and the 1985 Bonds, 1988 Bonds, 1989 Bonds and
1992C Bonds, as adjusted to reflect the redemption of the 1985 Bonds, 1988 Bonds
and 1989 Bonds from the proceeds of the 1992C Bonds and the payment of interest
on the 1992C Bonds from proceeds of the 1992C Bonds until applied to refund the
1985 Bonds, 1988 Bonds and 1989 Bonds. By Section 4 hereof the sum of $344,900
derived from Net Revenues is appropriated and credited to a separate account in the
sinking fund established for the payment of the Bonds as required by the Act.
1.03. Sale of Bonds. The Issuer has retained Springsted Incorporated, as
independent financial advisors in connection with the sale of the Bonds. Pursuant
to Minnesota Statutes, Section 475.60, subdivision 2, paragraph (9), the requirements
as to public sale do not apply to the issuance of the Bonds. Bids have been received
in accordance with the Terms of Proposal approved by the resolution adopted by this
Council on September 8, 1992 authorizing the sale of the Bonds, and the Council has
publicly considered all sealed bids presented in conformity with the Terms of
Proposal. The most favorable of such bids is ascertained to be that of FBS
Investment Services, Inc., and associates, of Minneapolis, Minnesota (the
Purchaser), to purchase the Bonds at a price of $3,931,275 plus accrued interest on all
Bonds to the day of delivery and payment, on the further terms and conditions
hereinafter set forth.
1.04 Award of Bonds. The sale of the Bonds is hereby awarded to the
Purchaser and the Mayor and Manager are hereby authorized and directed on behalf
of the Issuer to execute a contract for the sale of the Bonds in accordance with the
terms of the bid. The good faith deposit of the Purchaser shall be retained and
deposited by the Issuer until the Bonds have been delivered and shall be deducted
from the purchase price paid at settlement. The good faith checks of other bidders
shall be returned to them forthwith.
1.05. Issuance of Bonds. The City is authorized by the Act to secure the
Bonds by the covenants and agreements hereinafter set forth. All acts, conditions
and things which are required by the Constitution and laws of the State of
Minnesota to be done, to exist, to happen and to be performed precedent to and in
the valid issuance of the Bonds having been done, existing, having happened and
having been performed, it is now necessary for the Council to establish the form and
terms of the Bonds, to provide security therefor and to issue the Bonds forthwith.
Section 2. Bond Terms; Registration; Execution and Delivery.
2.01. Issuance of Bonds. The Bonds shall be originally dated
November 1, 1992, as the date of original issue and shall be issued forthwith on or
after such date using a Global Book Entry System. One Global Certificate
representing the aggregate principal amount of the Bonds maturing in each year
(the Global Certificates) will be issued and fully registered as to principal and interest
in the name of Kray & Co. as nominee of the Midwest Securities Trust Company
(the Depository), a Securities and Exchange Commission registered depository, an
Illinois trust company, a member of the Federal Reserve System and a "clearing
corporation" within the meaning of the Illinois Uniform Commercial Code.
2.02. Maturities; Interest Rates; Denominations and Payment. The
Bonds shall be in the denomination of $5,000 each, or any integral multiple thereof,
-2-
of single maturities, shall mature on January 1 in the years and amounts stated
below, and shall bear interest from date of issue until paid or duly called for
redemption at the respective annual rates set forth opposite such years and
amounts, as follows:
Year
Amount
Rate
Year
Amount
Rate
1996
$ 45,000
4.00%
2005
$250,000
5.70%
1997
70,000
4.40
2006
260,000
5.80
1998
105,000
4.70
2007
275,000
5.90
1999
105,000
4.90
2008
285,000
5.95
2000
130,000
5.00
2009
305,000
6.00
2001
135,000
5.20
2010
320,000
6.00
2002
170,000
5.40
2011
340,000
6.05
2003
200,000
5.50
2012
360,000
6.05
2004
235,000
5.60
2013
385,000
6.05
For the purpose of complying with the provisions of Minnesota Statutes, Section
475.54, subdivision 7, the maturities of the Bonds shall be combined with the
maturities of the 1992C Bonds and of the 1985 Bonds, 1988 Bonds and 1989 Bonds
not refunded by the 1992C Bonds.
2.03. Dates and Interest Payment Dates. The Bonds shall bear interest
payable on January 1 and July 1 of each year (an Interest Payment Date),
commencing July 1, 1993, calculated on the basis of a 360 day year of twelve 30 day
months. Interest on any Global Certificate shall be paid as provided in the first
paragraph thereof, and interest on any Non - Global Bond shall be paid on each
Interest Payment Date by check or draft mailed to the person in whose name the
Bond is registered (the Holder) on the registration books of the Issuer maintained by
the Bond Registrar, and in each case at the address appearing thereon at the close of
business on the fifteenth (15th) calendar day preceding such Interest Payment Date
(the Regular Record Date). Any such interest not so timely paid shall cease to be
payable to the person who is the Holder thereof as of the Regular Record Date, and
shall be payable to the person who is the Holder thereof at the close of business on a
date (the Special Record Date) fixed by the Bond Registrar whenever money becomes
available for payment of the defaulted interest. Notice of the Special Record Date
shall be given by the Bond Registrar to the Holders not less than ten (10) days prior
to the Special Record Date.
2.04. Form of Bond. The Bonds shall be in the form of Global Certificates
unless and until Replacement Bonds are made available as provided in Section 2.14,
and otherwise shall be in the form of Non - Global Bonds. The form of Bonds shall
be substantially as set forth in Exhibit A for the Global Certificates or as set forth in
Exhibit B for the Non - Global Bonds, but may contain such additional or different
-3-
terms and provisions as to the form and time of payment, record date, notices and
other matters as are consistent with a Supplemental Resolution.
2.05. Redemption. The Issuer may elect on January 1, 2002, and on any
date thereafter, to prepay Bonds due on or after January 1, 2003. Redemption may be
in whole or in part of the Bonds subject to prepayment. If redemption is in part, the
City shall determine the order of redemption of Bonds. If a maturity is prepaid
only in part, prepayments will be in increments of $5,000 of principal. All such
prepayments shall be at a price of par plus accrued interest.
The Bond Registrar shall call Bonds for redemption and payment as
herein provided upon receipt by the Bond Registrar at least forty -five (45) days prior
to the redemption date of a request of the Issuer, in written form if the Bond
Registrar is other than a Issuer officer, unless a shorter period of notice is acceptable
to the Bond Registrar. Such request shall specify the principal amount of Bonds to
be called for redemption, the redemption date and the redemption price.
Published notice of redemption shall in each case be given in accordance
with law, and mailed notice of redemption shall be given to the paying agent (if
other than a Issuer officer) and to each affected Holder. If and when the Issuer shall
call any of the Bonds for redemption and payment prior to the stated maturity
thereof, the Bond Registrar shall give written notice in the name of the Issuer of its
intention to redeem and pay such Bonds at the office of the Bond Registrar. Notice
of redemption shall be given by first class mail, postage prepaid, mailed not less than
thirty (30) days prior to the redemption date, to each Holder of Bonds to be
redeemed, at the address appearing in the Bond Register; provided that if a
Depository Letter Agreement (hereafter defined) contains other or different
requirements for delivery of such notice to the Depository, then the provisions of
the Depository Letter Agreement shall be followed for that Holder. All notices of
redemption shall state:
(a) The redemption date;
(b) The redemption price;
(c) If less than all outstanding Bonds are to be redeemed, the
identification (and, in the case of partial redemption, the respective
principal amounts) of the Bonds to be redeemed;
(d) That on the redemption date, the redemption price will become due
and payable upon each such Bond, and that interest thereon shall
cease to accrue from and after said date; and
-4-
(e) The place where such Bonds are to be surrendered for payment of
the redemption price (which shall be the office of the Bond
Registrar).
2.06. Bond Registrar. The Finance Director of the Issuer is appointed to
act as bond registrar and transfer agent with respect to the Bonds (the Bond
Registrar), and shall so act for all Bonds unless and until a successor Bond Registrar
is duly appointed. A successor Bond Registrar shall be an officer of the Issuer, or a
bank or trust company eligible for designation as bond registrar pursuant to
Minnesota Statutes, Chapter 475. The Bond Registrar shall also serve as paying
agent unless and until a successor paying agent is duly appointed. Principal and
interest on the Bonds shall be paid to the Holders of the Bonds in the manner set
forth in the forms of Bond and Section 3.
2.07. Execution and Delivery. The Bonds shall be executed on behalf of
the Issuer by the signatures of its Mayor and Manager, each with the effect noted on
the forms of the Bonds; provided that any of such signatures may be printed or
photocopied facsimiles. In the event of disability or resignation or other absence of
any such, officer, the Bonds may be signed by the manual or facsimile signature of
that officer who may act on behalf of such absent or disabled officer. In case any such
officer whose signature or facsimile of. whose signature shall appear.on the Bonds
shall cease to be such officer before the delivery of the Bonds, such signature or
facsimile shall nevertheless be valid and sufficient for all purposes, the same as if
the officer had remained in office until delivery.,
The Bonds when so prepared and executed shall be delivered by the
Finance Director to the Purchaser upon receipt of the purchase price, and the
Purchaser shall not be obliged to see to the proper.. application thereof.
2.08. Authentication; Date of Registration. No Bond shall be valid or
obligatory for any purpose or be entitled to any security or benefit under this
resolution unless a Certificate of Authentication on such Bond, substantially in the
form set forth on the form of Bond, shall have been duly executed by the Bond
Registrar. The Bond Registrar shall authenticate the signatures of officers of the
Issuer on each Bond by execution of the Certificate of Authentication on the Bond
and by inserting as the date of registration in the space provided the date on which
the Bond is authenticated. For purposes of delivering the original Bonds to the
Purchaser, the Bond Registrar shall insert as the date of registration the date of
original issue. The Certificate of Authentication so executed on each Bond shall be
conclusive evidence that it has been authenticated and delivered under this
resolution.
2.09. Registration; Transfer; Exchange. The Issuer will cause to be kept at
the office of the Bond Registrar a bond register in which, subject to such reasonable
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regulations as the Bond Registrar may prescribe, the Bond Registrar shall provide
for the registration of Bonds and the registration of transfers of Bonds entitled to be
registered or transferred as herein provided.
All Bonds surrendered upon any exchange or transfer provided for in this
Resolution shall be promptly cancelled by the Bond Registrar and thereafter
disposed of as directed by the Issuer.
All Bonds delivered in exchange for or upon transfer of Bonds shall be
valid general obligations of the Issuer evidencing the same debt, and entitled to the
same benefits under this Resolution, as the Bonds surrendered for such exchange or
transfer.
Every Bond presented or surrendered for transfer or exchange shall be
duly endorsed or be accompanied by a written instrument of transfer, in form
satisfactory to the Bond Registrar, duly executed by the Holder thereof or the
Holder's attorney duly authorized in writing.
The Bond Registrar may require payment of a sum sufficient to cover any
tax or other governmental charge payable in connection with the transfer or
exchange of any Bond and any legal or unusual costs regarding transfers and lost
Bonds.
Transfers shall also be subject to reasonable regulations of the Issuer
contained in any agreement with, or notice to, the Bond Registrar, including
regulations which permit the Bond Registrar to close its transfer books between
record dates and payment dates.
2.10. Rights Upon Transfer or Exchange. Each Bond delivered upon
transfer of or in exchange for or in lieu of any other Bond shall carry all the rights to
interest accrued and unpaid, 'and to accrue, which were carried by such other Bond.
2.11. Holders; Treatment.of Registered Owner; Consent of Holders.
(A) For the purposes of all actions, consents and other matters affecting
Holders of Bonds issued under this Resolution, as from time to time supplemented,
other than payments, redemptions, and purchases, the Issuer may (but shall not be
obligated to) treat as the Holder of a Bond the beneficial owner of the Bond instead
of the person in whose name the Bond is registered. For that purpose, the Issuer
may ascertain the identity of the beneficial owner of the Bond by such means as the
Bond Registrar in its sole discretion deems appropriate, including but not limited to
a certificate from the Depository or other person in whose name the Bond is
registered identifying such beneficial owner.
M
(B) The Issuer and Bond Registrar may treat the person in whose name
any Bond is registered as the owner of such Bond for the purpose of receiving
payment of principal of and premium, if any, and interest on, such Bond and for all
other purposes whatsoever whether or not such Bond shall be overdue, and neither
the Issuer nor the Bond Registrar shall be affected by notice to the contrary.
(C) Any consent, request, direction, approval, objection or other
instrument required by this Resolution, as supplemented, to be signed and executed
by the Holders may be in any number of concurrent writings of similar tenor and
must be signed or executed by such Holders in person or by agent appointed in
writing. Proof of the execution of any such consent, request, direction, approval,
objection or other instrument or of the writing appointing any such agent and of the
ownership of Bonds, if made in the following manner, shall be sufficient for any of
the purposes of this Resolution as supplemented, and shall be conclusive in favor of
the Issuer with regard to any action taken by it under such request or other
instrument, namely:
(1) The fact and date of the execution by any person of any such writing
may be proved by the certificate of any officer in any jurisdiction who by law
has power to take acknowledgments within such jurisdiction that the person
signing such writing acknowledged before him the execution thereof, or by an
affidavit of any witness to such execution.
(2) Subject to the provisions of subsection (A) above, the fact of the NOW
ownership by any person of Bonds and the amounts and numbers of such
Bonds, and the date of the holding of the same, may be proved by reference to
the Bond Register.
2.12. Description of the Global Certificates and Global, Book- EntrY ! System.
Upon their original issuance the Bonds will be issued in the form of a single Global
Certificate for each maturity, deposited with the Depository by the Purchaser and
immobilized as provided in Section 2.14. No'beneficial owners of interests in the
Bonds will receive certificates representing their respective interests in the Bonds
except as provided in Section 2.14. Except as so provided, during the term of the
Bonds, beneficial ownership (and subsequent transfers of beneficial ownership) of
interests in the Global- Certificates will be reflected by book.entries made on the
records of the Depository and its Participants and other banks, brokers, and dealers
participating in the National- System. The Depository's book entries of beneficial
ownership interests are authorized to be in integral increments of $5,000, despite the
larger authorized denominations of the Global Certificates. Payment of principal of,
premium, if any, and interest on the Global Certificates will be made, to the Bond
Registrar as paying agent, and in turn by the Bond Registrar to the Depository or its
nominee as registered owner of the Global Certificates, and the Depository according
51A
to the laws and rules governing it will receive and forward payments on behalf of
the beneficial owners of the Global Certificates.
2.13. Depository Letter Agreement. There has been submitted to this
Council a form of letter agreement between the Bond Registrar and the Depository.
Such letter agreement (the Depository Letter Agreement) is hereby approved. The
Bond Registrar, the Mayor and the Manager are hereby authorized and directed to
execute the Depository Letter Agreement in substantially the form submitted, with
only such variations therein as may be required to complete the Depository Letter
Agreement, or which are not, in the opinion of the Issuer Attorney and bond
counsel, materially adverse to the interests of the Issuer.
2.14. Immobilization of Global Certificates by the Depository; Successor
Depository and Replacement Bonds. Pursuant to the request of the Purchaser to the
Depository, immediately upon the original delivery of the Bonds the Purchaser will
deposit the Global Certificates representing all of the Bonds with the Depository.
The Global Certificates shall be in typewritten form or otherwise as acceptable to the
Depository, shall be registered in the name of the Depository or its nominee and
shall be held immobilized from circulation at the offices of the Depository. The
Depository or its nominee will be the sole holder of record of the Global Certificates
and no investor or other party purchasing, selling or otherwise transferring
ownership of interests in any Bond is_to receive, hold or deliver any Global
Certificates so long as the Depository holds the Global Certificates immobilized from
circulation, except as provided below in this Section.
Global Certificates evidencing the Bonds may not, after their original
delivery, be transferred or exchanged except:
(i) Upon exchange of a Global Certificate after a partial redemption, as
provided in Section 2.15,
(ii) To any successor of the Depository (or its nominee) or any substitute
depository (a "Substitute Depository") designated pursuant to clause (iii) of this
subparagraph, provided that any successor of the Depository or any Substitute
Depository must be both a "clearing corporation" as defined in the Minnesota
Uniform Commercial Code, Minnesota Statutes, Section 336. 8-102, and a
qualified and registered "clearing agency" as provided in Section 17A of the
Securities Exchange Act of 1934, as amended,
(iii) To a Substitute Depository designated by and acceptable to the Issuer
upon (a) the determination by the Depository that the Bonds shall no longer be
eligible for its depository services or (b) a determination by the Issuer that the
Depository is no longer able to carry out its functions, provided that any
El
Substitute Depository must be qualified to act as such, as provided in clause (ii)
of this subparagraph, or
(iv) In the event that:
(a) the Depository shall resign or discontinue its services for the Bonds
and the Issuer is unable to locate a Substitute Depository within two (2) months
following the resignation or discontinuance, or
(b) the Issuer determines in its sole discretion that (1) the continuation of
the book entry system described herein might adversely affect the interests of
the beneficial owners of the Bonds, or (2) that it is in the best interest of the
beneficial owners of the Bonds that they obtain certificated Bonds,
in either of which events the Issuer shall notify Holders of its determination and
the Issuer, the Bond Registrar and the Depository shall cooperate in providing
certificates (the 'Replacement Bonds ") to Holders and the registration, transfer and
exchange,of such Bonds shall thereafter be conducted as provided in Section 2.09
hereof.
In the event of a replacement of the Depository as may be authorized by
the second paragraph of this Section, the Bond Registrar upon presentation of
Global Certificates shall register their transfer to the substitute or successor
depository, and the substitute or successor depository shall be treated as the
Depository for all purposes and functions under this resolution. The Depository
Letter Agreement shall not apply to a Substitute Depository unless the Issuer and
the Substitute Depository so agree, and a similar agreement may be entered into.
2.15. Redemption - Global Certificates. Upon a reduction in the aggregate
principal amount of a Global Certificate,'the Holder may make a notation of such
redemption on the panel provided on the Global Certificate stating the amount so
redeemed, or may return the Global Certificate to the Bond Registrar in exchange for
a new Global Certificate authenticated by the Bond Registrar, in proper principal
amount. Such notation, if made by the Holder, shall be for reference only, and may
not be relied upon by any other person as being in any way determinative of the
principal amount of such Global Certificate outstanding, unless the Bond Registrar
has. signed the appropriate column of the panel.
For the purposes of giving notice in accordance with Section 2.05, the
"Holder" of Global Certificates shall be the Depository or its nominee.
2.16. Redemption- Non - Global Bonds. To effect a partial redemption of
Non - Global Bonds having a common maturity date, the Bond Registrar prior to,
giving notice of redemption shall assign to each Non - Global Bond having a
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common maturity date a distinctive number for each $5,000 of the principal amount
of such Non - Global Bond. The Bond Registrar shall then select by lot, using such
method of selection as it shall deem proper in its discretion, from the numbers as, at
$5,000 for each number, shall equal the principal amount of such Non - Global Bonds
to be redeemed. The Non - Global Bonds to be redeemed shall be the Non - Global
Bonds to which were assigned numbers so selected; provided, however, that only so
much of the principal amount of each such Non - Global Bond of a denomination of
more than $5,000 shall be redeemed as shall equal $5,000 of principal amount for
each number assigned to it and so selected.
If a Non - Global Bond is to be redeemed only in part, it shall be
surrendered to the Bond Registrar (with, if the Issuer or Bond Registrar so requires,
a written instrument of transfer in form satisfactory to the Issuer and Bond Registrar
duly executed by the Holder thereof or, his, her or its attorney duly authorized in
writing) and the Issuer shall execute (if necessary) and the Bond Registrar shall
authenticate and deliver' to the Holder of such Non - Global Bond, without service
charge, a new Non- Global Bond or Bonds of the same series having the same stated
maturity and interest rate and of any authorized denomination or denominations,
as requested by such Holder, in aggregate principal amount equal to and in exchange
for the unredeemed portion,of the principal of the Bond so surrendered.
Section 3. Use of Proceeds and General Obligation Recreational Facility
Bond Construction Fund. Proceeds of the Bonds in the amount of $3,931,275 shall
be deposited in a separate Series 1992A General Obligation Recreational Facility
Bond Construction Fund (the Construction Fund) which shall be created and
maintained on the books of the Issuer as a separate account. The Construction Fund
shall be used solely to defray expenses of the Improvements and of costs ofrissuance
of the Bonds. Upon completion and payment of all costs of the Improvements, any
amounts remaining in the Construction Fund shall be credited and paid to the
Sinking Fund created pursuant to Section 4 hereof. The remaining proceeds of the
Bonds shall be deposited in the Sinking Fund created pursuant to Section 4 hereof.
Section 4. General Obligation Utility Revenue Refunding Bond Sinking
Fund. The Bonds shall be payable from a separate Series 1992D General Obligation
Utility Revenue Refunding, Bond Sinking Fund (the Sinking Fund) which shall be
created and maintained on the books of the Issuer as a separate debt redemption
fund until the Bonds, and all interest thereon, are fully paid. There shall be credited
to the Sinking Fund the following:
(a) Any amount initially deposited therein pursuant to Section 3 hereof.
(b) All taxes levied and `all other money which may at any time be
received for or appropriated to the payment of the principal of or interest on the
Bonds, including the Net Revenues herein pledged and appropriated to the Sinking
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Fund and all collections of any ad valorem taxes for the payment of the
Bonds.
(c) The sum of $344,900 from Net Revenues,, which amount shall be
credited to a separate subaccount in the Sinking Fund as a reserve for the Bonds as
required by the Act, and which amounts equal the average annual amount of
principal and interest to become due on the Bonds and is required to be deposited
therein pursuant to the Act.
(d) Any other funds appropriated by the Council for the payment of the
Bonds.
Section 5. Pledge of Net Revenues. The Net Revenues are hereby
irrevocably pledged and appropriated to the payment of the Bonds and interest
thereon when due and the maintenance of the reserve account required by the Act.
The pledge of the Net Revenues to the payment of the Bonds and maintenance of
the reserve account is subordinate to the pledge of the Net Revenues to the payment
of the Prior Bonds and on. a parity with the pledge of such net revenues to the
payment of the 1992C Bonds. Nothing herein shall preclude the Issuer from
hereafter making further. pledges and appropriations of the Net Revenues for.
payment of additional obligations of the Issuer hereafter authorized if the Council
determines before the authorization of such additional obligations that the
estimated Net Revenues will be sufficient, together with any other sources pledged
to the payment of the outstanding and additional obligations, for payment of the
outstanding bonds and such additional obligations. Such further pledges and
appropriations of Net Revenues may be made superior or subordinate to, or on a
parity with, the pledge and appropriation herein made.
Section 6. Pledge of Taxing Powers. For the prompt and full payment of
the principal of and interest on the Bonds as such payments respectively become
due, the full faith, credit and unlimited taxing powers of the Issuer shall be and are
hereby irrevocably. pledged. It is, however, presently estimated that the funds
appropriated pursuant to Section 5 hereof will provide sums not less than 5% in
excess of principal and interest on the Bonds when due, and therefore no tax levy is
presently required.
Section 7. Defeasance. When all of the Bonds have been discharged as
provided in this section, all pledges, covenants and other rights granted by this
resolution to the registered owners of the Bonds shall cease. The Issuer may
discharge its obligations with respect to any Bonds which are due on any date by.
depositing with the Registrar on or before that date a sum sufficient for the payment
thereof in full; or, if any Bond should not be paid when due, it may nevertheless be
discharged by depositing with the Registrar a sum sufficient for the payment thereof
in full with interest accrued from the due date to the date of such deposit. The
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Issuer may also discharge its obligations with respect to any prepayable Bonds called
for redemption on any date when they are prepayable according to their terms, by
depositing with the Registrar on or before that date an amount equal to the
principal, interest and redemption premium, if any, which are then due, provided
that notice of such redemption has been duly given as provided herein. The Issuer
may also at any time discharge its obligations with respect to any Bonds, subject to
the provisions of law now or hereafter authorizing and regulating such action, by
depositing irrevocably in escrow, with a bank qualified by law as an escrow agent for
this purpose, cash or securities which are authorized by law to be so deposited,
bearing interest payable at such time and at such rates and maturing or callable at
the holder's option on such dates as shall be required to pay all principal, interest
and redemption premiums to become due thereon to maturity or said redemption
date.
Section 8. Registration of Bonds. The Clerk is hereby authorized and
directed to file a certified copy of this resolution with the County Auditor of
Hennepin County and obtain a certificate that the Bonds have been duly entered
upon the Auditor's bond register as required by law.
Section 9. Authentication of Transcriyt. The officers of the Issuer and
County Auditor of Hennepin County are hereby authorized and directed to prepare
and furnish to the Purchaser and to Dorsey & Whitney, Bond Counsel, certified
copies of all proceedings and records relating to the Bonds and such other affidavits,
certificates and information as may be required to show the facts relating to the
legality and marketability of the Bonds, as the same appear from the books and
records in their custody and control or as otherwise known to them, and all such
certified copies, affidavits and certificates, including any heretofore furnished, shall
be deemed representations of the Issuer as to the correctness of all statements
contained therein.
Section 10. Tax Covenant. The Issuer covenants and agrees with the
holders from time to time of the Bonds that it will not take or permit to be taken by
any of its officers, employees or agents any action which would cause the interest on
the Bonds to become subject to taxation under the Internal Revenue Code of 1986, as
amended (the Code), and the Treasury Regulations promulgated thereunder (the
Regulations), and covenants to take any and all actions within its powers to ensure
that the interest on the Bonds will not become subject to taxation under the Code
and the Regulations. The Issuer will cause to be filed with the Secretary of Treasury
an information reporting statement in the form and at the time prescribed by the
Code. The Improvements will be owned and maintained by the Issuer and available
for use by members of the general public on a substantially equal basis. The Issuer
shall not enter into any lease, use or other agreement with any nongovernmental
person relating to the use of such Improvements or security for the payment of the
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Bonds which might cause the Bonds to be considered "private activity bonds" or
"private loan bonds" within the meaning of Section 141 of the Code.
The Mayor and Manager, being the officers of the Issuer charged with the
responsibility for issuing the Bonds pursuant to this resolution, are authorized and
directed to execute and deliver to the Purchaser a certificate in accordance with the
provisions of Section 148 of the Code, and Sections 1.103 -13, 1.103 -14 and 1.103 -15 of
the Regulations, stating the facts, estimates and circumstances in existence on the
date of issue and delivery of the Bonds which make it reasonable to expect that the
proceeds of the Bonds will not be used in a manner that would cause the Bonds to
be arbitrage bonds within the meaning of the Code and Regulations.
Section 11. Arbitrage Rebate. The Issuer acknowledges that the Bonds are
subject to the rebate requirements of Section 148(f) of the Code. The Issuer
covenants and agrees to retain such records, make such determinations, file such
reports and documents and pay such amounts at such times as are required under
said Section 148(f) and applicable Treasury Regulations to preserve the exclusion of
interest on the Bonds from gross income for federal income tax purposes. In
furtherance of the foregoing, the Finance Director is hereby authorized and directed
to execute a Rebate Certificate setting forth the undertakings of the Issuer to comply
with the foregoing requirements, and the Issuer hereby covenants and agrees to
observe and perform the covenants and agreements contained therein, unless
amended or terminated in accordance with the provisions thereof.,
Section 12. No Designation of Qualified Tax - Exempt Obligations. The
Bonds shall not be designated as "qualified tax- exempt obligations" for purposes of
Section 265(b)(3) of the Code.
Section 13. Severability. If any section, paragraph or provision of this
resolution shall be held to be invalid or unenforceable for any reason, the invalidity
or unenforceability of such section, paragraph or provision shall not affect any of the
remaining provisions of this resolution.
Section 14. Heads. Headings in this resolution are included for
convenience of reference only and are not a part hereof, and shall not limit or
define the meaning of any provision hereof.
Section 15. Official Statement. The Official Statement. relating to the
Bonds, dated September 21, 1992, prepared and delivered on behalf of the Issuer by
Springsted Incorporated, is hereby approved, and the officers of the Issuer are hereby
authorized and directed to execute such certificates as may be appropriate concerning
the accuracy, completeness and sufficiency thereof. Springsted Incorporated, is
hereby authorized on behalf of the Issuer to prepare and distribute to the Purchaser
and a supplement to the Official Statement listing the offering price, the interest
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rates, selling compensation, delivery date, the underwriters and such other
information relating to the Bonds required to be included in the Official Statement
by Rule 15c2 -12 adopted by the Securities and Exchange Commission under the
Securities Exchange Act of 1934. Within seven business days from the date hereof,
the Issuer shall deliver to the Purchaser 160 copies of the Official Statement and
such supplement. The officers of the City are hereby authorized and directed to
execute such notes as may be appropriate concerning the accuracy, completeness and
sufficiency of the Official Statement.
Adopted this 5th day of October, 1992.
s/ Frederick S. Richards
Mayor
Attest: s/ Marcella M. Daehn
Clerk
The motion for the adoption of the foregoing resolution was duly
seconded by Councilmember Kelly and upon vote being taken thereon, the
following voted in favor thereof: Mayor Richards, Councilmembers Kelly, Rice and
Paulus
and the following voted against the same: None
whereupon the resolution was declared duly passed and adopted.
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E=BIT A
[FORM OF GLOBAL CERTIFICATE]
UNITED STATES OF AMERICA
STATE OF MINNESOTA
COUNTY OF HENNEPIN
AN
GENERAL OBLIGATION RECREATIONAL FACILITY BOND, SERIES 1992A
INTEREST MATURITY DATE OF
RATE DATE ORIGINAL ISSUE CUSIP
November 1, 1992
REGISTERED OWNER:
PRINCIPAL AMOUNT:
THE CITY OF EDINA, County of Hennepin, State of Minnesota (the
"Issuer "), certifies that it is indebted and for value received promises to pay to the
registered owner specified above or on the certificate of registration attached hereto,
or registered assigns, in the manner hereinafter set forth, the principal amount
specified above, on the maturity date specified above, unless called for earlier
redemption, and to pay interest thereon semiannually on January 1 and July 1 of
each year (each, an "Interest Payment Date "), commencing July 1, 1993, at the rate
per annum specified above (calculated on the basis of a 360 -day year of twelve 30-day
months) until the principal sum is paid or has been provided for. This Bond will
bear interest from the most recent Interest Payment Date to which interest has been
paid or, if no interest has been paid, from the date of original issue hereof. The
principal of and premium, if any, on this Bond are payable by wire transfer (or other
agreed means of payment), in next day funds or its equivalent, on each payment
date no later than 12:00 noon (Chicago, Illinois time) upon presentation and
surrender hereof at the office of the Finance Director, City of Edina, in Edina,
Minnesota (the "Bond Registrar "), acting as paying agent, or any successor paying
agent duly appointed by the Issuer; provided, however, that upon a partial
redemption of this Bond which results in the stated amount hereof being reduced,
the Holder may in its discretion be paid without presentation of this Bond, and may
make a notation on the panel provided herein of such redemption, stating the
amount so redeemed,.or may return the Bond to the Bond Registrar in exchange for
a new Bond in the proper principal amount.. Such notation, if made by the Holder,
shall be for reference only, and may not be relied upon by any other person as being
r4ml
in any way determinative of the principal amount of this ' Bond outstanding, unless
the Bond Registrar has signed the appropriate column of the panel. Interest on this
Bond will be paid on each Interest Payment Date (by 12:00 noon, Chicago, Illinois
time) by wire transfer (or other agreed means of payment) in next day funds or its
equivalent to the person in whose name this Bond is registered (the "Holder" or
"Bondholder ") on the registration books of the Issuer maintained by the Bond
Registrar and at the address appearing thereon at the close of business on the
fifteenth calendar day preceding such Interest Payment Date (the "Regular Record
Date "). Any interest not so timely paid shall cease to be payable to the person who is
the Holder hereof as of the Regular Record Date, and shall be payable to the person
who is the Holder hereof at the close of business on a date (the "Special Record
Date ") fixed by the Bond Registrar whenever money becomes available for payment
of the defaulted interest. Notice of the Special Record Date shall be given to
Bondholders not less than ten (10)days prior to the Special Record Date. The
principal of and premium, if any, and interest on this Bond are payable in lawful
money of the United States of America.
This Bond shall not be valid or become obligatory for any purpose or be
entitled to any security unless the Certificate of Authentication hereon shall have
been executed by the Bond Registrar.
Date of Payment Not Business Day. If the date for payment of the
principal of, premium, if any, or interest on this Bond shall be a Saturday, Sunday,
legal holiday or a day on which banking institutions in the City of New York, New
York, or the city where the principal office of the Bond Registrar is located are
authorized by law or executive order to close, then the date for such payment shall
be the next succeeding day which is not a Saturday, Sunday, legal holiday or a day on
which such banking institutions are authorized to close, and payment on such date
shall have the same force and effect as if made on the nominal date of payment.
Redemption. All Bonds maturing on or after January 1, 2003, are subject
to redemption and prepayment at the option of the Issuer on January 1, 2002, and on
any date thereafter, at a price of par plus accrued interest.
Redemption may be in whole or in part of the Bonds subject to
prepayment. If redemption is in part, the City shall determine the order of
redemption of Bonds; and if only part of the Bonds having a common maturity date
are called for prepayment, Bonds shall be prepaid in $5,000 increments of principal.
Bonds or portions thereof called for redemption shall be due and payable on the
designated redemption date, and interest thereon shall cease to accrue from and
after the redemption date.
Notice of Redemption. Published notice of redemption shall in each case
be given in accordance with law, and mailed notice of redemption shall be given to
A -2
the paying agent (if other than an officer of the Issuer) and to each affected Holder of
the Bonds. For this purpose, the Depository (hereafter identified, or any successor
thereto) shall be the "Holder" as to Bonds registered in the name of the Depository
or its nominee. In the event any of the Bonds are called for redemption, written
notice thereof will be given by first class mail mailed not less than thirty (30) days
prior to the redemption date to each Holder of Bonds to be redeemed. In connection
with any such notice, the "CUSIP" numbers assigned to the Bonds shall be used.
Replacement or Notation of Bonds after Partial Redemption. Upon a
partial redemption of this Bond which results in the stated amount hereof being
reduced, the Holder may in its discretion make a notation on the panel provided
herein of such redemption, stating the amount so redeemed. Such notation, if
made by the Holder, shall be for reference only, and may not be relied upon by any
other person as being in any way determinative of the principal amount of the Bond
outstanding, unless the Bond Registrar has signed the appropriate column of the
panel. Otherwise, the Holder may surrender this Bond to the Bond Registrar (with,
if the Issuer or Bond Registrar so requires, a written instrument of transfer in form
satisfactory to the Issuer and Bond Registrar duly executed by the Holder thereof or
the Holder's attorney duly authorized in writing) and the Issuer shall execute (if
necessary) and the Bond Registrar shall authenticate and deliver to.the Holder of
such Bond, without service charge, a new Bond of the same series having the same
stated maturity and interest rate and of the authorized denomination in aggregate
principal amount equal to and in exchange for the unredeemed portion of the
principal of the Bond so surrendered.
Issuance; Purpose. This Bond is one of an issue in the total principal
amount of $3,975,000; all of like date of original issue and tenor, except as to number,
maturity, interest rate, redemption privilege and denomination, which Bond has
been issued pursuant to and in full conformity with the Constitution and laws of
the State of Minnesota, including Minnesota Laws 1961, Chapter 655, and Minnesota
Statutes, Chapter 475, and pursuant to a resolution adopted by the City Council on
October 5, 1992 (the "Resolution "), to finance improvements to the Issuer's
recreational facilities. This Bond is payable primarily from the net revenues of the
golf courses, ice arena, and liquor stores of the Issuer pledged to the payment of the
Bonds by the Resolution, but the Issuer is required by law to pay maturing principal
hereof out of any funds in the treasury if net revenues are insufficient therefor.
Denominations; Exchange; Resolution. The Bonds are issuable originally
only as Global Certificates in the denomination of the entire principal amount of
the series maturing on a single date. Global Certificates are not exchangeable for
fully registered bonds of smaller denominations except in the event of a partial
redemption as above provided or in exchange for Replacement Bonds if then
available. Replacement Bonds, if made available as provided below, are issuable
solely as fully registered bonds in the denominations of $5,000 and integral
A -3
multiples thereof of a single maturity and are exchangeable for fully registered
Bonds of other authorized denominations in equal aggregate principal amounts at
the principal office of the Bond Registrar, but only in the manner and subject to the
limitations provided in the Resolution. Reference is hereby made to the Resolution
for a description of the rights and duties of the Bond Registrar. Copies of the
Resolution are on file in the principal office of the Bond Registrar.
Replacement Bonds. Replacement Bonds may be issued by the Issuer:
(a) If Midwest Securities Trust Company (the "Depository") shall resign
or discontinue its services for the Bonds, and only if the Issuer is unable to
locate a substitute depository within two (2) months following the resignation
or discontinuance, or
(b) upon a determination by the Issuer in its sole discretion that (1) the
continuation of the book -entry system described in the Resolution might
adversely affect the interests of the beneficial owners of the Bonds, or (2) that it
is in the best interest of the beneficial owners of the Bonds that they obtain
certificated Bonds.
Transfer. This Bond shall be registered in the name of the payee on the
books of the Issuer by presenting this Bond for registration to the Bond Registrar,
who will endorse his, her or its name and note the date of registration opposite the
name of the payee in the certificate of registration attached hereto. Thereafter this
Bond may be transferred by delivery with an assignment duly executed by the
Holder or the Holder's legal representatives, and the Issuer and Bond Registrar may
treat the Holder as the person exclusively entitled to exercise all the rights and
powers of an owner until this Bond is presented with such assignment for
registration of transfer, accompanied by assurance of the nature provided by law that
the assignment is genuine and effective, and until such transfer is registered on said
books and noted hereon by the Bond Registrar, all subject to the terms and
conditions provided in the Resolution and to reasonable regulations of the Issuer
contained in any agreement with, or notice to, the Bond Registrar.
Fees upon Transfer or Loss. The Bond Registrar may require payment of a
sum sufficient to cover any tax or other governmental charge payable in connection
with the transfer or exchange of this Bond and any legal or unusual costs regarding
transfers and lost Bonds.
. Treatment of Registered Owner. The Issuer and Bond Registrar may treat
the person in whose name this Bond is registered as the owner hereof for the
purpose of receiving payment as herein provided and for all other purposes,
whether or not this Bond shall be overdue, and neither the Issuer nor the Bond
Registrar shall be affected by notice to the contrary.
A -4
Authentication. This Bond shall not be valid or become obligatory for
any purpose or be entitled to any security unless the Certificate of Authentication
hereon shall have been executed by the Bond Registrar.
Not Qualified Tax- Exempt Obligations The Bonds have not been
designated by the Issuer as "qualified tax - exempt obligations" for purposes of
Section 265(b)(3) of the Internal Revenue Code of 1986, as amended.
IT IS HEREBY CERTIFIED AND RECITED that all acts, conditions and
things required by the Constitution and laws of the State of Minnesota to be done, to
happen and to be performed, precedent to and in the issuance of this Bond, in order
to make it a valid and binding general obligation of the Issuer according to its terms,
have been done, have happened and have been performed, in regular and due
form, time and manner as required by law; that in and by the Resolution, the Issuer
has pledged and appropriated so much of the net revenues to be derived from the
operation of the Issuer's golf courses, ice arena, and liquor stores as shall be required
to pay the principal hereof and interest hereon when due, but the full faith and
credit and taxing powers of the Issuer have been pledged to the payment of such
principal and interest when due, and ad valorem taxes, if necessary for such
purpose, will be levied upon all taxable property in the Issuer, without limitation as
to rate or amount; and that the issuance of this Bond does not cause the
indebtedness of the Issuer to exceed any constitutional or statutory limitation of
indebtedness.
IN WITNESS WHEREOF, the City of Edina, Minnesota, by its City
Council has caused this Bond to be executed on its behalf by the signatures of the
Mayor and City Manager and has caused this Bond to be dated as of the date set forth
below.
Date of Registration:
A -5
CITY OF EDINA, MINNESOTA
Mayor
City Manager
CERTIFICATE OF REGISTRATION
The transfer of ownership of the principal amount of. the attached Bond may be
made only by the registered owner or the owner's legal representative last noted
below.
DATE OF SIGNATURE OF
REGISTRATION REGISTERED OWNER BOND REGISTRAR
A -7
REGISTER OF PARTIAL PAYMENTS
The principal amount of the attached Bond has been prepaid on the dates and in the
amounts noted below:
Signature of
Date Amount Bondholder
Signature of
Bond Registrar
If a notation is made on this register, such notation has the effect stated in the
attached Bond. Partial payments do not require the presentation of the attached
Bond to the Bond Registrar, and a Holder could fail to note the partial payment here.
M
ABBREVIATIONS
The following abbreviations, when used in the inscription on the face of
this Bond, shall be construed as though they were written out in full according to
applicable laws or regulations:
TEN COM - as tenants in common
TEN ENT - as tenants by the entireties
JT TEN - as joint tenants with right of survivorship
and not as tenants in common
UTMA - as custodian for
(Cust) (Minor)
under the
Uniform Transfers to Minors Act
(State)
Additional abbreviations may also be used though not in the above list.
A -9
ASSIGNMENT
For value received, the undersigned hereby sells, assigns and transfers
unto the within Bond and does
hereby irrevocably constitute and appoint
attorney to transfer the Bond on the books kept for the registration thereof, with full
power of substitution in the premises.
Dated:
Signature Guaranteed:
Please insert social security or other
identifying number of assignee:
Notice: The assignor's signature to this
assignment must correspond with the name
as it appears upon the face of the within Bond
in every particular, without alteration or any
change whatever. Signature(s) must be
guaranteed by a national bank or trust
company or by a brokerage firm having a
membership in one of the major stock
exchanges.
A -10
E)CHIBIT B
[Form of Non - Global Bond]
UNITED STATES OF AMERICA
STATE OF MINNESOTA
COUNTY OF HENNEPIN
CITY OF EDINA
am
GENERAL OBLIGATION RECREATIONAL FACILITY BOND, SERIES 1992A
INTEREST MATURITY DATE OF
RATE DATE ORIGINAL ISSUE CUSIP
November 1, 1992
REGISTERED OWNER:
PRINCIPAL AMOUNT:
THE CITY OF EDINA, County of Hennepin, State of Minnesota (the
"Issuer "), certifies that it is indebted and for value received promises to pay to the
registered owner specified above or registered assigns, in the manner hereinafter set
forth, the principal amount specified above, on the maturity date specified above,
unless called for earlier redemption, and to pay interest thereon semiannually on
January 1 and July 1 of each year (each, an "Interest Payment Date "), commencing
July 1, 1993, at the rate per annum specified above (calculated on the basis of a
360 -day year of twelve 30 -day months) until the principal sum is paid or has been
provided for. This Bond will bear interest from the most recent Interest Payment
Date to which interest has been paid or, if no interest has been paid, from the date of
original issue hereof. The principal of and premium, if any, on this Bond are
payable upon presentation and surrender hereof at the office of the Finance Director,
City of Edina, in Edina, Minnesota (the 'Bond Registrar "), acting as paying agent, or
any successor paying agent duly appointed by the Issuer. Interest on this Bond will
be paid on each Interest Payment Date by check or draft mailed to the person in
whose name this Bond is registered (the "Holder" or 'Bondholder ") on the
registration books of the Issuer maintained by the Bond Registrar and at the address
appearing thereon at the close of business on the fifteenth calendar day preceding
such Interest Payment Date (the "Regular Record Date "). Any interest not so timely
paid shall cease to be payable to the person who is the Holder hereof as of the
Regular Record Date, and shall be payable to the person who is the Holder hereof at
B -1
the close of business on a date (the Special Record Date ") fixed by the Bond Registrar
whenever money becomes available for payment of the defaulted interest. Notice of
the Special Record Date shall be given to Bondholders not less than ten (10) days
prior to the Special Record Date. The principal of and premium, if any, and interest
on this Bond are payable in lawful money of the United States of America.
REFERENCE IS HEREBY MADE TO THE FURTHER PROVISIONS OF
THIS BOND SET FORTH ON THE REVERSE HEREOF, WHICH PROVISIONS
SHALL FOR ALL PURPOSES HAVE THE SAME EFFECT AS IF SET FORTH HERE.
IT IS HEREBY CERTIFIED AND RECITED that all acts, conditions and
things required by the Constitution and laws of the State of Minnesota to be done, to
happen and to be performed, precedent to and in the issuance of this Bond in order
to make it a valid and binding general obligation of the Issuer according to its terms,
have been done, have happened and have been performed, in regular and due
form, time and manner as required by law; that in and by the Resolution, the Issuer
has pledged and appropriated so much of the net revenues to be derived from the
operation of the Issuer's golf courses, ice arena, and liquor stores as shall be required
to pay the principal hereof and interest hereon when due, but the full faith and
credit and taxing powers of the Issuer have been pledged to the payment of such
principal and interest when due, and ad valorem taxes, if necessary for such
purpose, will be levied upon all taxable property in the Issuer, without limitation as
to rate or amount; and that the issuance of this Bond does not cause the
indebtedness of the Issuer to exceed any constitutional or statutory limitation of
indebtedness.
IN WITNESS WHEREOF, the City of Edina, Minnesota, by its City
Council has caused this Bond to be executed on its behalf by the facsimile signatures
of the Mayor and City Manager and has caused this Bond to be dated as of the date
set forth below.
Date of Registration:
B -2
CITY OF EDINA, MINNESOTA
Mayor
City Manager
within.
BOND REGISTRAR'S CERTIFICATE OF AUTHENTICATION
This Bond is one.of the Bonds described in the Resolution mentioned
FINANCE DIRECTOR,
CITY OF EDINA, MINNESOTA
Bond Registrar
By
(ON REVERSE OF BOND)
Date of Payment Not Business Day. If .the date for payment of the
principal of, premium, if any, or interest on this Bond shall be a Saturday, Sunday,
legal holiday or a day on which banking institutions in the City of New York, New
York, or the city where the principal office of the Bond Registrar is located are
authorized by law or executive order to close, then the date for such payment shall
be the next succeeding day which is not a Saturday, Sunday, legal holiday or a day on
which such banking institutions are authorized to close, and payment on such date
shall have the same force and effect as if made on the nominal date of payment.
Redemption. All Bonds maturing on or after January 1, 2003, are subject
to redemption and prepayment at the option of the Issuer on January 1, 2002, and on
any date thereafter, at a price of par plus accrued interest.
.Redemption may be in whole or in part of the Bonds, subject to
prepayment. If redemption is in part, the City shall determine the order of
redemption of Bonds; and if only part of the Bonds having a common maturity date
are called for prepayment, the specific Bonds to be prepaid shall be chosen by lot by
the Bond Registrar. Bonds or portions thereof called for redemption shall be due
and payable on the redemption date, and interest thereon shall cease to accrue from
and after the redemption date.
Notice of Redemption. Published notice of redemption shall in each case
be given in accordance with law, and mailed notice of. redemption shall be given to
the paying agent (if other than an officer of the Issuer) and to each affected Holder of
the Bonds. In the event any of the Bonds are called for redemption, written notice
thereof will be given by first class mail mailed not less than thirty (30) days prior to
the redemption date to each Holder of Bonds to be redeemed. In connection with
any such notice, the "CUSIP" numbers assigned to the Bonds shall be used.
B -3
Selection of Bonds for Redemption. To effect a partial redemption of
Bonds having a common maturity date, the Bond Registrar shall assign to each
Bond having a common maturity date a distinctive number for each $5,000 of the
principal amount of such Bond. The Bond Registrar shall then select by lot, using
such method of selection as it shall deem proper in its discretion, from the numbers
assigned to the Bonds, as many numbers as, at $5,000 for each number, shall equal
the principal amount of such Bonds to be redeemed. The Bonds to be redeemed
shall be the Bonds to which were assigned numbers so selected; provided, however,
that only so much of the principal amount of such Bond of a denomination of more
than $5,000 shall be redeemed as shall equal $5,000 for each number assigned to it
and so selected. If a Bond is to be redeemed only in part, it shall be surrendered to
the Bond Registrar (with, if the Issuer or Bond Registrar so requires, a written
instrument of transfer in form satisfactory to the Issuer and Bond Registrar duly
executed by the Holder thereof or the Holder's attorney duly authorized in writing)
and the Issuer shall execute (if necessary) and the Bond Registrar shall authenticate
and deliver to the Holder of such Bond, without service charge, a new Bond or
Bonds of the same series having the same stated maturity and interest rate and of
any authorized denomination or denominations, as requested by such Holder, in
aggregate principal amount equal to and in exchange for the unredeemed portion of
the principal of the Bond so surrendered.
Issuance; Purpose. This Bond is one of an issue in the total principal
amount of $3,975,000 all of like date of original issue and tenor, except as to number,
maturity, interest rate, redemption privilege and denomination, which Bond has
been issued pursuant to and in full conformity with the Constitution and laws of
the State of Minnesota, including Minnesota Laws 1961, Chapter 655, and Minnesota
Statutes, Chapter 475, and pursuant to a resolution adopted by the City Council on
October 5, 1992 (the "Resolution "), to finance improvements to the Issuer's
recreational facilities. This Bond is payable primarily from the net revenues of the
golf courses, ice arena, and liquor stores of the Issuer pledged to the payment of the
Bonds by the Resolution, but the Issuer is required by law to pay maturing principal
hereof out of any funds in the treasury if net revenues are insufficient therefor.
Denominations; Exchange; Resolution. The Bonds are issuable solely as
fully registered bonds in the denominations of $5,000 and integral multiples thereof
of a single maturity and are exchangeable for fully registered Bonds of other
authorized denominations in equal aggregate principal amounts at the principal
office of the Bond Registrar, but only in the manner and subject to the limitations
provided in the Resolution. Reference is hereby made to the Resolution for a
description of the rights and duties of the Bond Registrar. Copies of the Resolution
are on file in the principal office of the Bond Registrar.
B -4
Transfer. This Bond is transferable by the Holder in person or by the
Holder's attorney duly authorized in writing at the principal office of the Bond
Registrar upon presentation and surrender hereof to the Bond Registrar, all subject
to the terms and conditions provided in the Resolution and to reasonable
regulations of the Issuer contained in any agreement with the Bond Registrar.
Thereupon the Issuer shall execute and the Bond Registrar shall authenticate and
deliver, in exchange for this Bond, one or more new fully registered Bonds in the
name of the transferee (but not registered in blank or to "bearer" or similar
designation), of an authorized denomination or denominations, in aggregate
principal amount equal to the principal amount of this Bond, of the same maturity
and bearing interest at the same rate.
Fees upon Transfer or Loss. The Bond Registrar may require payment of a
sum sufficient to cover any tax or other governmental charge payable in connection
with the transfer or exchange of this Bond and any legal or unusual costs regarding
transfers and lost Bonds.
Treatment of Registered Owner. The Issuer and Bond Registrar may treat
the person in whose name this Bond is registered as the owner hereof for the
purpose of receiving payment as herein provided and for all other purposes,
whether or not this Bond shall be overdue, and neither the Issuer nor the Bond
Registrar shall be affected by notice to the contrary.
Authentication. This Bond shall not be valid or become obligatory for
any purpose or be entitled to any security unless the Certificate of Authentication
hereon shall have been executed by the Bond Registrar.
Not Oualified Tax- Exempt Obligations. The Bonds have not been
designated by the Issuer as "qualified tax - exempt obligations" for purposes of
Section 265(b)(3) of the Internal Revenue Code of 1986, as amended.
B -5
ABBREVIATIONS
The following abbreviations, when used in the inscription on the face of
this Bond, shall be construed as though they were written out in full according to
applicable laws or regulations:
TEN COM - as tenants in common
TEN ENT - as tenants by the entireties
JT TEN - as joint tenants with right of survivorship
and not as tenants in common
UTMA - as custodian for
(Cust) (Minor)
under the Uniform Transfers to Minors Act
unto
(State)
Additional abbreviations may also be used though not in the above list.
ASSIGNMENT
For value received, the undersigned hereby sells, assigns and transfers
the within Bond and does
hereby irrevocably constitute and appoint
attorney to transfer the Bond on the books kept for the registration thereof, with full
power of substitution in the premises.
Dated:
Signature Guaranteed:
Please insert social security or other
identifying number of assignee:
Notice: The assignor's signature to this
assignment must correspond with the name
as it appears upon the face of the within Bond
in every particular, without alteration or any
change whatever. Signature(s) must be
guaranteed by a national bank or trust
company or by a brokerage firm having a
membership in one of the major stock
exchanges.
:.
BID AWARDED FOR $17.840.000 G.O. TAX INCREMENT REFUNDING BONDS, SERIES 1992E
It was reported that 3 sealed bids for the bonds had been received at the
time and place designated in the Terms of Proposal approved by resolution of the
Council at the meeting held on September 8, 1992, and included in the Official
Statement circulated by the City's financial advisor on behalf of the City. The bids
received were as follows:
FBS INVESTMENT SERVICES, INC.
DAIN BOSWORTH INCORPORATED
MERRILL LYNCH & CO.
NORWEST INVESTMENT SERVICES,
INCORPORATED
PIPER JAFFRAY, INC.
SMITH BARNEY, HARRIS UPHAM &
COMPANY INCORPORATED
AND ASSOCIATES
- In Association With -
HARRIS TRUST AND SAVINGS BANK
KIDDER, PEABODY & COMPANY,
INCORPORATED
KEMPER SECURITIES, INC.
CLAYTON BROWN & ASSOCIATES,
INCORPORATED
GRIFFIN, KUBIK, STEPHENS &
THOMPSON, INC.
William Blair & Company
LEHMAN BROTHERS
PRUDENTIAL SECURITIES, INC.
DEAN WITTER REYNOLDS INCORPORATED
PAINEWEBBER INCORPORATED
BEAR, STEARNS & CO., INC.
A. G. EDWARDS & SONS, INCORPORATED
AND ASSOCIATES
Interest Net Interest True Interest
Rates Price Cost Rate
4.90%1999 $17,661,600.00 $13,531,55250 5.8814%
5.00%2000
5.20%2001
5.40%2002
5.50%2003
5.60%2004
5.70%2005
5.80%2006
5.90%2007
5.95%2008
6.00%2009
5.00%1999 $17,608,769.70 $13,609,154.05 5.9257%
5.10%2000
5.25%2001
5.30%2002
5.50%2003
5.60 %2004
5.70%2005
5.80%2006
5.90%2007
6.00% 2008 -2009
5.00%1999 $17,608,080.00 $13,667,936.88 5.9540%
5.20%2000
5.35%2001
5.50%2002
5.60%2003
5.625%2004
5.75%2005
5.80%2006
5.90%2007
6.00% 2008 -2009
adoption:
Member Rice then introduced the following resolution and moved its
RESOLUTION RELATING TO $17,930,000 GENERAL
OBLIGATION TAX INCREMENT REFUNDING BONDS,
SERIES 1992B; AWARDING THE SALE, FIXING THE FORM
AND DETAILS, PROVIDING FOR THE EXECUTION THEREOF
AND THE SECURITY THEREFOR
BE IT RESOLVED by the City Council of the City of Edina, Minnesota
(the Issuer), as follows:
Section 1. Authorization and Sale.
1.01. Authorization. The Issuer has presently outstanding its General
Obligation Tax Increment Bonds, Series 1988, initially dated as of October 1, 1988 (the
1988 Bonds), and its General Obligation Tax Increment Bonds, Series 1989, initially
dated as of April 1, 1989 (the 1989 Bonds) (the 1988 Bonds and the 1989 Bonds are.
herein collectively referred to as the Prior Bonds). This Council, by a resolution
adopted on September 8, 1992, authorized the sale of $17,930,000 General Obligation
Tax Increment Refunding Bonds, Series 1992B (the Bonds), of the Issuer, the
proceeds of which would be used, together with any additional funds of the Issuer
which might be required, to refund in advance of maturity the 1988 Bonds maturing
in the years 1999 through 2009 which aggregate $9,425,000 in principal amount, and
to refund in advance of maturity the 1989 Bonds maturing in the years 1999 through
2009 which aggregate $7,800,000 in principal amount (the Refunded Bonds). Said
refunding constitutes a "crossover refunding" as defined in Minnesota Statutes,
Section 475.17, subd. 13.
1.02. , Sale of Bonds. The Issuer has retained Springsted Incorporated, as
independent financial advisors in connection with the sale of the Bonds. Pursuant
to Minnesota Statutes, Section 475.60, subdivision 2, paragraph (9), the requirements
as to public sale do not apply to the issuance of the Bonds. Bids have been received
in accordance with the Terms of Proposal. approved by the resolution adopted by this
Council on September 8, 1992 authorizing the sale of the Bonds, and the 'Council has
publicly considered all sealed bids presented in conformity with the Terms of
Proposal. The most favorable of such bids is ascertained to be that of FBS
Investment Services, Inc., and associates, of Minneapolis, Minnesota (the
Purchaser), to purchase the Bonds at a price of $17,661,600 plus accrued interest on
all Bonds to the day of delivery and payment, on the further terms and conditions
hereinafter set forth.
1.03 Award of Bonds. The sale of the Bonds is hereby awarded to the
Purchaser and the Mayor and Manager are hereby authorized and directed on behalf
of the Issuer to execute a contract for the sale of the Bonds in accordance with the
terms of the bid. The good faith deposit of the Purchaser shall be retained and
deposited by the Issuer until the Bonds have been delivered and shall be deducted
from the purchase price paid at settlement. The good faith checks of other bidders
shall be returned to them forthwith.
1.04. Savings. It is hereby determined that by issuance of the Bonds the
Issuer will realize a substantial interest rate reduction, a gross savings of
approximately $896,416.14 and a present value savings (using the yield on the
Bonds, computed in accordance with Section 148 of the Internal Revenue Code of
1986, as amended, as the discount factor) of approximately $589,361.13.
1.05. Issuance of Bonds. All acts, conditions and things which are
required by the Constitution and laws of the State of Minnesota to be done, to exist,
to happen and to be performed precedent to and in the valid issuance of the Bonds
having been done, existing, having happened and having been performed, it is now
necessary for the Council to establish the form and terms of the Bonds, to provide
security therefor and to issue the Bonds forthwith:
Section 2. Bond Terms; Registration; Execution and Delivery.
2.01. Issuance of Bonds. The Bonds shall be originally dated
November 1, 1992, as the date of original issue and shall be issued forthwith on or
after such date using a Global Book Entry System. One Global Certificate
representing the aggregate principal amount of the Bonds maturing in each year
(the Global Certificates) will be issued and fully registered as to principal and interest
in the name of Kray & Co. as nominee of the Midwest Securities Trust Company
(the Depository), a Securities and Exchange Commission registered depository, an
Illinois trust company, a member of the Federal Reserve System and a "clearing
corporation" within the meaning of the Illinois Uniform Commercial Code.
2.02. Maturities; Interest Rates; Denominations and Payment. The
Bonds shall be in the denomination of $5,000 each, or any integral multiple thereof,
of single maturities, shall mature on February 1 in the years and amounts stated
below, and shall bear interest from date of issue until paid or duly called for
redemption at the respective annual rates set forth opposite such years and
amounts, as follows:
-2-
Year
Amount
Rate
1999
$ 570,000
4.90%
2000
735,000
5.00
2001
790,000
5.20
2002
1,125,000
5.40
2003
1,265,000
5.50
2004
1,410,000
5.60
2005
1,470,000
5:70
2006
1,635,000
5.80
2007
2,515,000
5.90
2008
3,090,000
5.95
2009
3,325,000
6.00
The tax increments pledged and appropriated by Section 5 and amounts from the
escrow account established in Section 3 hereof are estimated to be sufficient to pay
when due the principal of and interest on the Bonds.11
2.03. Dates and Interest Payment Dates. The Bonds shall bear interest
payable on February 1 and August 1 of each year (an Interest Payment Date),
commencing August 1, 1993, calculated on the basis of a 360 day year of twelve 30
day months. Interest on any Global Certificate shall be paid as provided in the first
paragraph thereof, and. interest on any Non - Global Bond shall be paid on each
Interest Payment Date by check or draft mailed to the person in whose name the
Bond is registered (the Holder) on the registration books of the Issuer maintained by
the Bond Registrar, and in each case at the address appearing thereon at the close of
business on the fifteenth (15th) calendar day preceding such Interest Payment Date
(the Regular Record Date). Any such interest not so timely paid shall cease to be
payable to the person who is the Holder thereof as of the Regular Record Date, and
shall be payable to the person who is the Holder thereof at the close of business on a
date (the Special Record Date) fixed by the Bond Registrar whenever money becomes
available for payment of the defaulted interest. Notice of the Special Record Date
shall be given by the Bond Registrar to the Holders not less than ten (10) days prior
to the Special Record Date.
2.04. Form of Bond. The Bonds shall be in the form of Global Certificates
unless and until Replacement Bonds are made available as provided in Section 2.14,
and otherwise shall be in the form of Non - Global Bonds. The form of Bonds shall
be substantially as set forth in Exhibit A for the Global Certificates or as set forth in
Exhibit B for the Non - Global Bonds, but may contain such additional or different
terms and provisions as to the form-and time of payment, record date, notices and
other matters as are consistent with a Supplemental Resolution.
-3-
2.05. Redemption. The Issuer may elect on February 1, 2000, and on any
date thereafter, to prepay Bonds due on or after February 1, 2001. Redemption may
be in whole or in part of the Bonds subject to prepayment. If redemption is in part,
the City shall determine the order of redemption of Bonds. If a maturity is prepaid
only in part, prepayments will be in increments of $5,000 of principal. All such
prepayments shall be at a price of par plus accrued interest.
The Bond Registrar shall call Bonds for redemption and payment as
herein provided upon receipt by the Bond Registrar at least forty -five (45) days prior
to the redemption date of a request of the Issuer, in written form if the Bond
Registrar is other than a Issuer officer, unless a shorter period of notice is acceptable
to the Bond Registrar. Such request shall specify the principal amount of Bonds to
be called for redemption, the redemption date and the redemption price.
Published notice of redemption shall in each case be given in accordance
with law, and mailed notice of redemption shall be given to the paying agent (if
other than a Issuer officer) and to each affected Holder. If and when the Issuer shall
call any of the Bonds for redemption and payment prior to the stated maturity
thereof, the Bond Registrar shall give written notice in the name of the Issuer of its
intention to redeem and pay such Bonds at the office of the Bond Registrar. Notice
of redemption shall be given by first class mail, postage prepaid, mailed not less than
thirty (30) days prior to the redemption date, to each Holder of Bonds to be
redeemed, at the address appearing in the Bond Register; provided that if a
Depository Letter Agreement (hereafter defined) contains other or different
requirements for delivery of such notice to the Depository, then the provisions of
the Depository Letter Agreement shall be followed for that Holder. All notices of
redemption shall state:
(a) The redemption date;
(b) The redemption price;
(c) If less than all outstanding Bonds are to be redeemed, the
identification (and, in the case of partial redemption, the respective
principal amounts) of the Bonds to be redeemed;
(d) That on the redemption date, the redemption price will become due
and payable upon each such Bond, and that interest thereon shall
cease to accrue from and after said date; and
(e) The place where such Bonds are to be surrendered for payment of
the redemption price (which shall be the office of the Bond
Registrar).
-4-
2.06. Bond Registrar. The Finance Director of the Issuer is appointed to
act as bond registrar and transfer agent with respect to the Bonds (the Bond
Registrar), and shall so act for all Bonds unless and until a successor Bond Registrar
is duly appointed. A successor Bond Registrar shall be an. officer of the Issuer, or a
bank or trust company eligible for designation as bond registrar pursuant to
Minnesota Statutes, Chapter 475. The Bond Registrar shall also serve as paying
.agent unless and until a successor paying agent is duly appointed. Principal and
interest on the Bonds shall be paid to the Holders of the Bonds in the manner set
forth in the forms of Bond and Section 3.
2.07. Execution and Delivery . The Bonds shall be executed on behalf of
the Issuer by the signatures of its Mayor and Manager, each with the effect noted on
the forms of the Bonds; provided that any of such signatures may be printed or
photocopied facsimiles. In the event of disability or resignation or other absence of
any such officer, the Bonds may be signed by the manual or facsimile signature of
that officer who may act on behalf of such absent or disabled officer. In case any such
officer .whose signature or facsimile of whose signature shall appear on the Bonds
shall cease to be such officer before the delivery of the Bonds, such signature or
facsimile shall nevertheless be valid and sufficient for all purposes, the same as if
the officer had remained in office until delivery.
The Bonds when so prepared and executed shall be delivered by the
Finance Director to the Purchaser upon.receipt of the purchase price, and the
Purchaser shall not be obliged to see to the proper application thereof.
2.08. Authentication; Date of Registration. No Bond shall be valid or
obligatory for any purpose or be entitled to any security or benefit under this
resolution unless a Certificate of Authentication on such Bond, substantially in the
form set forth on the form of Bond, shall have been duly executed by the Bond
Registrar. The Bond Registrar shall authenticate the signatures of officers of the
Issuer on each Bond by execution of the Certificate of Authentication on the Bond
and by inserting as the date of registration in the space provided the date on which
the Bond is authenticated. For purposes of delivering the original Bonds to the
Purchaser, the Bond Registrar shall insert as the date of registration the date of
original issue. The Certificate of Authentication so executed on each Bond shall be
conclusive evidence that it has been authenticated and delivered under this
resolution.
2.09. Registration; Transfer; Exchange. The Issuer will cause to be kept at
the office of the Bond Registrar a bond register in which, subject to such reasonable
regulations as the Bond Registrar may prescribe, the Bond Registrar shall provide
for the registration of Bonds and the registration of transfers of Bonds entitled to be
registered or transferred as herein provided.
-5-
All Bonds surrendered upon any exchange or transfer provided for in this
Resolution shall be promptly cancelled by the Bond Registrar and thereafter
disposed of as directed by the Issuer.
All Bonds delivered in exchange for or upon transfer of Bonds shall be
valid general obligations of the Issuer evidencing the same debt, and entitled to the
same benefits under this Resolution, as the Bonds surrendered for such exchange or
transfer.
Every Bond presented or surrendered for transfer or exchange shall be
duly endorsed or be accompanied by a written instrument of transfer, in form
satisfactory to the Bond Registrar, duly executed by the Holder thereof or the
Holder's attorney duly authorized in writing.
The Bond Registrar may require payment of a sum sufficient to cover any
tax or other governmental charge payable in connection with the transfer or
exchange of any Bond and any legal or unusual costs regarding transfers and lost
Bonds.
Transfers shall also be subject to reasonable regulations of the Issuer
contained in any agreement with, or notice to, the Bond Registrar, including
regulations which permit the Bond Registrar to close its transfer books between
record dates and payment dates.
2.10. Rights Upon Transfer or Exchange. Each Bond delivered upon
transfer of or in exchange for or in lieu of any other Bond shall carry all the rights to
interest accrued and unpaid, and to accrue, which were carried by such other Bond.
2.11. Holders; Treatment of Registered Owner; Consent of Holders.
(A) For the purposes of all actions, consents and other matters affecting
Holders of Bonds issued under this Resolution, as from time to time supplemented,
other than payments, redemptions, and purchases, the Issuer may (but shall not be
obligated to) treat as the Holder of a Bond the beneficial owner of the Bond instead
of the person in whose name the Bond is registered. For that purpose, the Issuer
may ascertain the identity of the beneficial owner of the Bond by such means as the
Bond Registrar in its sole discretion deems appropriate, including but not limited to
a certificate from the Depository or other person in whose name the Bond is
registered identifying such beneficial owner.
(B) The Issuer and Bond Registrar may treat the person in whose name
any Bond is registered as the owner of such Bond for the purpose of receiving
payment of principal of and premium, if any, and interest on, such Bond and for all
0
other purposes whatsoever whether or not such Bond shall be overdue, and neither
the Issuer nor the Bond Registrar shall be affected by notice to the contrary.
(C) Any consent, request, direction, approval, objection or other
instrument required by this Resolution, as supplemented, to be signed and executed
by the Holders may be in any number of concurrent writings of similar tenor and.
must be signed or-executed by such Holders in person or by agent appointed in
writing. Proof of the execution of any such consent, request, direction, approval,,
objection or other instrument or of the writing appointing any such agent and of the
ownership, of Bonds, if made in the following manner, shall be sufficient for any of
the purposes of this Resolution as supplemented, and shall be conclusive in favor of
the Issuer with regard to any action taken by it under such request or other
instrument, namely:
(1) The fact and date of the execution by any person of any such writing
may be proved by the certificate of any officer in any jurisdiction who by law
has power to take acknowledgments within such jurisdiction that the person
signing such writing acknowledged before him the execution thereof, or by an
affidavit of any witness to such execution.
(2) Subject to -the provisions of subsection (A) above, the fact of the
ownership by any person of Bonds and the amounts and numbers of such
Bonds, and the date of the holding of the same, may be proved by reference to
the Bond Register.
2.12. Description of the Global Certificates and Global, Book -Entry System.
Upon their original issuance the Bonds will be issued in the form of a single Global
Certificate for each maturity, deposited with the Depository by the Purchaser and
immobilized as provided in Section 2.14. No beneficial owners of interests in the
Bonds will receive certificates representing their respective interests in the Bonds
except as provided in Section '2.14. Except as so provided, during the term of the
Bonds, beneficial ownership (and subsequent transfers of beneficial ownership) of
interests in the Global Certificates will be reflected by book entries made on the
records of the Depository and its. Participants and other banks, brokers, and dealers
participating in the National, System. The Depository's book entries of beneficial
ownership interests are authorized to be in integral increments of $5,000, despite the
larger authorized denominations of the Global Certificates. Payment of principal of,
premium, if any, and interest on the Global Certificates will be made to the Bond
Registrar as paying agent, and in turn by the Bond Registrar to the Depository or its
nominee as registered owner of the Global Certificates, and the Depository according
to the laws and rules governing it will receive and forward payments on behalf of
the beneficial owners of the Global Certificates.
-7-
2.13. Depository Letter Agreement. There has been submitted to this
Council a form of letter agreement between the Bond Registrar and the Depository.
Such letter agreement (the Depository Letter Agreement) is hereby approved. The
Bond Registrar, the Mayor and the Manager are hereby authorized and directed to
execute the Depository Letter Agreement in substantially the form submitted, with
only such variations therein as may be required to complete the Depository Letter
Agreement, or which are not, in the opinion of the Issuer Attorney and bond
counsel, materially adverse to the interests of the Issuer.
2.14. Immobilization of Global Certificates by the Depository; Successor
Depository and Replacement Bonds. Pursuant to the request of the Purchaser to the
Depository, immediately upon the original delivery of the Bonds the Purchaser will
deposit the Global Certificates representing all of the Bonds with the Depository.
The Global Certificates shall be in typewritten form or otherwise as acceptable to the
Depository, shall be registered in the name of the Depository or its nominee and
shall be held immobilized from circulation at the offices of the Depository. The
Depository or its nominee will be the sole holder of record of the Global Certificates
and no investor or other party purchasing, selling or otherwise transferring
ownership of interests in any Bond is to receive, hold or deliver any Global
Certificates so long as the Depository holds the Global Certificates immobilized from
circulation, except as provided below in this Section.
Global Certificates evidencing the Bonds may not, after their original
.delivery, be transferred or exchanged except:
(i) Upon exchange of a Global Certificate after a partial redemption, as
provided in Section 2.15,
(ii) To any successor of the Depository (or its nominee) or any substitute
depository (a "Substitute Depository ") designated pursuant to clause (iii) of this
subparagraph, provided that any successor of the Depository or any Substitute
Depository must be both a "clearing corporation" as defined in the Minnesota
Uniform Commercial Code, Minnesota Statutes, Section 336.8 -102, and a
qualified and registered "clearing agency" as provided in Section 17A of the
Securities Exchange Act of 1934, as amended,
(iii) To a Substitute Depository designated by and acceptable to the Issuer
upon (a) the determination by the Depository that the Bonds shall no longer be
eligible for its depository services or (b) a determination by the Issuer that the
Depository is no longer able to carry out its functions, provided that any
Substitute Depository must be qualified to act as such, as provided in clause (ii)
of this subparagraph, or
(iv) In the event that.
(a) the Depository shall resign or discontinue its services for the Bonds
and the Issuer is unable to locate a Substitute Depository within two (2) months
following the resignation or discontinuance, or
(b) the Issuer determines in its sole discretion that (1) the continuation of
the book entry system described herein might adversely affect the interests of,
the beneficial owners of the Bonds, or (2) that it is in the best interest of the
beneficial owners of the Bonds that they.obtain certificated Bonds,
in either of which events the Issuer shall notify Holders of its determination and
the Issuer, the Bond Registrar and the Depository shall cooperate in providing
certificates (the "Replacement Bonds ") to Holders and the registration, transfer and
exchange of such Bonds shall thereafter be conducted as provided in Section 2.09
hereof.
In the event of a replacement of the Depository as may be authorized by
the second paragraph of this Section, the Bond Registrar upon presentation of
Global Certificates shall register their transfer to the substitute or successor
depository, and the substitute or successor depository shall be treated as the
Depository for all purposes and functions under this resolution. The Depository
Letter Agreement shall not apply to a Substitute Depository unless the Issuer and
the Substitute Depository so agree, and a similar agreement may be entered into.
2.15. Redemption - Global Certificates. Upon a reduction in the aggregate
principal amount of a Global Certificate, the Holder may make a notation of such
redemption on the panel provided on the Global Certificate stating the amount so
redeemed, or may return the Global Certificate to the Bond Registrar in exchange for
a new Global Certificate authenticated by the Bond Registrar, in proper principal
amount. Such notation, if made by the Holder, shall be for reference only, and may
not be relied upon by any other person as being in any way determinative of the
principal amount of such Global Certificate outstanding, unless the Bond Registrar
has signed the appropriate column of the panel.
For the purposes of giving notice in accordance with Section 2.05, the
"Holder" of Global Certificates shall be the Depository or its nominee.
2.16: Redemption- Non - Global Bonds. To effect a partial redemption of
Non'-Global Bonds having a common maturity date, the Bond Registrar prior to
giving notice of redemption shall assign to each Non - Global Bond. having a
common maturity date a distinctive number for each $5,000 of the principal amount
of such Non- Global Bond. The Bond Registrar shall then select by lot, using such
method of selection as it shall deem proper in its discretion, from the numbers as, at
in
$5,000 for each number, shall equal the principal amount of such Non - Global Bonds
to be redeemed. The Non - Global Bonds to be redeemed shall be the Non - Global
Bonds to which were assigned numbers so selected; provided, however, that only so
much of the principal amount of each such Non - Global Bond of a denomination of
more than $5,000 shall be redeemed as shall equal $5,000 of principal amount for
each number assigned to it and so selected.
If a Non - Global Bond is to be redeemed only in part, it shall be
surrendered to the Bond Registrar (with, if the Issuer or Bond Registrar so requires,
a written instrument of transfer in form satisfactory to the Issuer and Bond Registrar
duly executed by the Holder thereof or his, her or its attorney duly authorized in
writing) and the Issuer shall execute (if necessary) and the Bond Registrar shall
authenticate and deliver to the Holder of such Non - Global Bond, without service
charge, a new Non - Global Bond or Bonds of the same series having the same stated
maturity and interest rate and of any authorized denomination or denominations,
as requested by such Holder, in aggregate principal amount equal to and in exchange
for the unredeemed portion of the principal of the Bond so surrendered.
Section 3. Use of Proceeds and Escrow Account. The proceeds of the
Bonds in the amount of $17,714,595.02 and funds in the amount of $18,900 from
Meridian Bank, as the supplier of a forward purchase contract, are irrevocably
appropriated for the payment of interest to become due on the Bonds to and
including February 1, 1998 (the Crossover Date), and for the payment and
redemption of the principal amount of the Refunded Bonds on the Crossover Date.
The Finance Director is hereby authorized and directed, simultaneously with the
delivery of the Bonds, to deposit the proceeds thereof, to the extent described above,
in escrow with Norwest Bank Minnesota, National Association, in Minneapolis,
Minnesota (the Escrow Agent), a banking institution whose deposits are insured by
the Federal Deposit Insurance Corporation and whose combined capital and surplus
is not less than $500,000, and shall invest the funds so deposited in securities
authorized for such purpose by Minnesota Statutes, Section 475.67, subdivision 8,
maturing on such dates and bearing interest at such rates as are required to provide
funds sufficient, with cash retained in the escrow account, to make the above -
described payments. The Mayor and Manager are hereby authorized to enter into an
Escrow Agreement with the Escrow Agent establishing the terms and conditions for
the escrow account in accordance with Minnesota Statutes, Section 475.67. Of the
remaining proceeds of the Bonds, $58,543.78 shall be applied to pay issuance
expenses and $-0- shall be deposited in the Sinking Fund created pursuant to Section
4 hereof.
Section 4. General Obligation Tax Increment Refunding Bond Sinking
Fund. The Bonds shall be payable from a separate Series 1992B General Obligation
Tax Increment Refunding Bond Sinking Fund (the Sinking Fund) which shall be
created and maintained on the books of the Issuer as a separate debt redemption
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fund until the Bonds, and all interest thereon, are fully paid. There shall be credited
to the Sinking 'Fund the following:
(a) Any amount initially deposited therein pursuant to Section 3 hereof.
(b) All receipts of principal and interest on the investments held in the
escrow account established in Section 3 to and including the Crossover Date (other
than the sum of $17,258,000 received from maturing investments on the Crossover
Date to be used to redeem the Refunded Bonds and pay $33,000 of the principal
amount of the Prior Bonds coming due on such date).
(c) All taxes levied and all other money which may at any time be
received for or appropriated to the payment of the principal of or interest on the .
Bonds, including the tax increments herein pledged and appropriated to the Sinking
Fund and all collections of any ad valorem taxes levied for the payment of the
Bonds.
(d) Any other funds appropriated by the Council for the payment, of the
Bonds.
Section 5. Pledge of Tax Increment. The Issuer hereby irrevocably
pledges to the Sinking Fund tax increments derived from the tax increment
financing districts of the Housing and Development Authority of Edina (the HRA),
designated by Hennepin Courts as Nos. 1203 (Centennial Lakes) (Southeast Edina -
Edinborough) and 1200 (50th and France) and tax increments derived from the tax
increment financing district of the Issuer designated by Hennepin County as No.
1204 ( Southdate), which are either paid to the Issuer (in the case of the tax increment
financing district established by the Issuer) or received by the Issuer from the HRA
to pay the Bonds (in the case of the tax increment financing districts established by
the HRA). Such tax increments shall be deposited in the Sinking Fund in an
amount suffiicient to pay all principal and interest when due on the ,Bonds.
Nothing herein shall preclude the Issuer or the HRA from hereafter making further
pledges and appropriations of the tax increments herein pledged for the payment of
the Bonds for the payment of other obligations of the Issuer or HRA.
Section 6. Pledge of Taxing Powers. For the prompt and full payment of
the principal of and interest on the Bonds as such payments respectively become
due, the full faith, credit and unlimited taxing powers of the Issuer shall be and are
hereby irrevocably pledged. It is, however, presently estimated that the funds
appropriated pursuant to Section 5 hereof will provide sums not less than 5% in
excess of principal and interest on the Bonds when due, and therefore no tax levy is
presently required.
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Section 7. Defeasance. When all of the Bonds have been discharged as
provided in this section, all pledges, covenants and other rights granted by this
resolution to the registered owners of the Bonds shall cease. The Issuer may
discharge its obligations with respect to any Bonds which are due on any date by
depositing with the Registrar on or before that date a sum sufficient for the payment
thereof in full; or, if any Bond should not be paid when due, it may nevertheless be
discharged by depositing with the a sum sufficient for the payment thereof
in full with interest accrued from the due date to the date of such deposit. The
Issuer may also discharge its obligations with respect to any prepayable Bonds called
for redemption on any date when they are prepayable according to their terms, by
depositing with the Registrar on or before that date an amount equal to the
principal, interest and redemption premium, if any, which are then due, provided
that notice of such redemption has been duly given as provided herein. The Issuer
may also at any time discharge its obligations with respect to any Bonds, subject to
the provisions of law now or hereafter authorizing and regulating such action, by
depositing irrevocably in escrow, with a bank qualified by law as an escrow agent for
this purpose, cash or securities which are authorized by law to be so deposited,
bearing interest payable at such time and at such rates and maturing or callable at
the holder's option on such dates as shall be required to pay all principal, interest
and redemption premiums to become due thereon to maturity or said redemption
date.
Section 8. Registration of Bonds. The Clerk is hereby authorized and
directed to file a certified copy of this resolution with the County Auditor of
Hennepin County and obtain a certificate that the Bonds have been duly entered
upon the Auditor's bond register as required by law.
Section 9. Authentication of Transcriyt. The officers of the Issuer and
County Auditor of Hennepin County are hereby authorized and directed to prepare
and furnish to the Purchaser and to Dorsey & Whitney, Bond Counsel, certified
copies of all proceedings and records relating to the Bonds and such other affidavits,
certificates and information as may be required to show the facts relating to the
legality and marketability of the Bonds, as the same appear from the books and
records in their custody and control or as otherwise known to them, and all such
certified copies, affidavits and certificates, including any heretofore furnished, shall
be deemed representations of the Issuer as to the correctness of all statements
contained therein.
Section 10. Tax Covenant. The Issuer covenants and agrees with the
holders from time to time of the Bonds that it will not take or permit to be taken by
any of its officers, employees or agents any action which would cause the interest on
the Bonds to become subject to taxation under the Internal Revenue Code of 1986, as
amended (the Code), and the Treasury Regulations promulgated thereunder (the
Regulations), and covenants to take any and all actions within its powers to ensure
-12-
that the interest on the Bonds will not become subject to taxation under the Code
and the Regulations. The Issuer will cause to be filed with the Secretary of Treasury
an information reporting statement in the form and at the time prescribed by the
Code. The improvements financed by the Prior Bonds will be owned and
maintained by the Issuer and available for use by members of the general public on a
substantially equal basis. The Issuer shall not enter into any lease, use or other
agreement with any nongovernmental person relating to the use of such
improvements or security for the payment of the Bonds which might cause the
Bonds to be considered "private activity bonds" or "private loan bonds" within the
meaning of Section 141 of the Code.
The Mayor and Manager, being the officers of the Issuer charged with the
responsibility for issuing the Bonds pursuant to this resolution, are authorized and
directed to execute and deliver to the Purchaser a certificate in accordance with the
provisions of Section 148 of the Code, and Sections 1.103 -13, 1.103 -14 and 1.103 -15 of_
the Regulations, stating, the facts, estimates and circumstances in existence on the
date of issue and delivery of the Bonds which make it reasonable to expect that the .
proceeds of the Bonds will not be used in a manner that would cause the Bonds to
be arbitrage bonds within the meaning. of the Code and Regulations.
Section 11. Arbitrate Rebate. The Issuer acknowledges that the Bonds are
subject to the rebate requirements of Section 148(f) of the Code. The Issuer
covenants and agrees to retain such records, make such determinations, file such
reports and documents and pay such amounts at such times as are required under
said Section 148(f) and applicable .Treasury Regulations to, preserve the exclusion of
interest on the Bonds from gross income for federal income tax purposes. In
furtherance of the foregoing, the Finance Director is hereby authorized and directed
to execute 'a Rebate Certificate setting forth the undertakings of the Issuer to comply
with the foregoing requirements, and the Issuer hereby covenants and agrees to
observe and perform the covenants and agreements contained therein, unless
amended or terminated in accordance with the provisions thereof.
Section 12. ' No Designation of Qualified Tax - Exempt Obligations. The
Bonds. shall not be designated as "qualified tax- exempt obligations" for purposes of
Section 265(b)(3) of the Code.
Section 13. Severability. If any section, paragraph or provision of this
resolution shall be held to be invalid or unenforceable for any reason, the invalidity
or unenforceability of such section, paragraph or provision shall not affect any of the
remaining provisions of this resolution.
Section 14. Headings. Headings in this resolution are included for
convenience of reference only and are not a part hereof, and shall not limit or
define the meaning of any provision hereof.
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Section 15. Official Statement. The Official Statement relating to the
Bonds, dated September 21, 1992, prepared and delivered on behalf of the Issuer by
Springsted Incorporated, is hereby approved, and the officers of the Issuer are hereby
authorized and directed to execute such certificates as may be appropriate concerning
the accuracy, completeness and sufficiency thereof. Springsted Incorporated, is
hereby authorized on behalf of the Issuer to prepare and distribute to the Purchaser
and a supplement to the Official Statement listing the offering price, the interest
rates, selling compensation, delivery date, the underwriters and such other
information relating to the Bonds required to be included in the Official Statement
by Rule 15c2 -12 adopted by the Securities and Exchange Commission under the
Securities Exchange Act of 1934. Within seven business days from the date hereof,
the Issuer shall deliver to the Purchaser 500 copies of the Official Statement and
such supplement. The officers of the City are hereby authorized and directed to
execute such notes as may be appropriate concerning the accuracy, completeness and
sufficiency of the Official Statement.
Section 16. Redemption of Refunded Bonds. The Issuer hereby calls the
Refunded Bonds for redemption and prepayment on the Crossover Date. The
Finance Director shall cause notice of the redemption of the Refunded Bonds to be
given in the manner required by the resolutions authorizing the Prior Bonds.
Adopted this 5th day of October, 1992.
Attest: /s/ Marcella M. Daehn
Clerk
/s/ Frederick S. Richards
Mayor
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The motion for the adoption of the foregoing resolution was duly
seconded by Councilmember Paulus and upon vote being taken thereon, the
following voted in favor thereof: Mayor Richards, Councilmembers Kelly, Paulus
and Rice
and the following voted against the same: None
whereupon the resolution was declared duly passed and adopted.
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EXHIBIT A
[FORM OF GLOBAL CERTIFICATE]
UNITED STATES OF AMERICA
STATE OF MINNESOTA
COUNTY OF HENNEPIN
ON
GENERAL OBLIGATION TAX INCREMENT REFUNDING BOND, SERIES 1992B
INTEREST MATURITY DATE OF
RATE DATE ORIGINAL ISSUE CUSIP
November 1, 1992
REGISTERED OWNER:
PRINCIPAL AMOUNT:
THE CITY OF EDINA, County of Hennepin, State of Minnesota (the
"Issuer "), certifies that it is indebted and for value received promises to pay to the
registered owner specified above or on the certificate of registration attached hereto,
or registered assigns, in the manner hereinafter set forth, the principal amount
specified above, on the maturity date specified above, unless called for earlier
redemption, and to pay interest thereon semiannually on February 1 and August 1
of each year (each, an "Interest Payment Date "), commencing August 1, 1993, at the
rate per annum specified above (calculated on the basis of a 360 -day year of twelve
30 -day months) until the principal sum is paid or has been provided for. This Bond
will bear interest from the most recent Interest Payment Date to which interest has
been paid or, if no interest has been paid, from the date of original issue hereof. The
principal of and premium, if any, on this Bond are payable by wire transfer (or other
agreed means of payment), in next day funds or its equivalent, on each payment
date no later than 12:00 noon (Chicago, Illinois time) upon presentation and
surrender hereof at the office of the Finance Director, City of Edina, in Edina,
Minnesota (the 'Bond Registrar "), acting as paying agent, or any successor paying
agent duly appointed by the Issuer; provided, however, that upon a partial
redemption of this Bond which results in the stated amount hereof being reduced,
the Holder may in its discretion be paid without presentation of this Bond, and may
make a notation on the panel provided herein of such redemption, stating the
amount so redeemed, or may return the Bond to the Bond Registrar in exchange for
a new Bond in the proper principal amount. Such notation, if made by the Holder,
shall be for reference only, and may not be relied upon by any other person as being
A -1
in any way determinative of the principal amount of this Bond outstanding, unless
the Bond Registrar has signed the appropriate column of the panel. Interest on this
Bond will be paid on each Interest Payment Date (by 12:00 noon, Chicago, Illinois
time) by wire transfer (or other agreed means. of payment) in next day funds or its
equivalent to the person in whose name this Bond is registered (the "Holder" or
"Bondholder ") on the registration books of the Issuer maintained by the Bond
Registrar and at the address appearing thereon at the close of business on the
fifteenth calendar day preceding such Interest Payment Date (the "Regular Record
Date "). Any interest not so timely paid shall cease to be payable to the person who is
the Holder hereof as of the Regular Record Date, and shall be payable to the person
who is the Holder hereof at the close of business on a date (the "Special Record
Date ") fixed by the Bond Registrar whenever money becomes available for payment
of the defaulted interest. Notice of the Special Record Date shall be given to
Bondholders not less than ten (10)days prior to the Special Record Date. The
principal of and premium, if any, and interest on this Bond are payable in lawful
money of the United States of America.
This Bond shall not be valid or become obligatory for. any purpose or be
entitled to any security unless the Certificate of Authentication hereon shall have
been executed by the Bond Registrar.
Date of Payment Not Business Day. If the date for payment of the
principal of, premium, if any, or interest on this Bond shall be'a Saturday, Sunday,
legal holiday or a day on which banking institutions in the City of. New York, N_ ew
York, or the city where the principal office of the Bond Registrar is located are
authorized by law or executive order to close, then the date for such payment shall
be the next succeeding day which is not a Saturday, Sunday, legal holiday or a day on
which such banking institutions are authorized to close, and payment on such date
shall have the same force and effect as if made on the nominal date of payment.
Redemption. All Bonds maturing on or. after February 1, 2001, are subject
to redemption and prepayment at the option of the Issuer on February 1, 2000, and
on any date thereafter, at a price of par plus accrued interest.
d
Redemption may be in whole or in part of the Bonds subject to
prepayment. If redemption is in part, the City shall determine the order of
redemption of Bonds; and if only part of the Bonds having a common maturity date
are called for prepayment, Bonds shall be prepaid in $5,000 increments of principal.
Bonds or portions thereof called for redemption shall be due and payable on the
designated redemption date, and interest thereon shall cease to accrue from and
after the redemption date.
Notice of Redemption. Published notice of redemption shall in each case
be given in accordance with law, and mailed notice of redemption shall be given to
A -2
I
thereto) shall be the z "Holder" as to. Bonds registered in the name of the Depository
or its nominee. In the event any of the Bonds are called for redemption, written
notice thereof will be given by first class mail mailed not less than thirty (30) days
prior to the redemption date to each Holder of Bonds to be redeemed. In connection
with any such notice, the "CUSIP" numbers assigned to the Bonds shall be used.
Replacement or Notation of Bonds after Partial Redemption. Upon a
partial redemption of this Bond which results in the stated amount hereof being
reduced, the Holder may in its discretion make a notation on the panel provided
herein of such redemption, stating the amount so redeemed. Such notation, if -
made by the Holder, shall be for reference only, and may not be relied upon by any
other person .as being in any way determinative of the principal amount of the Bond
outstanding, unless the Bond Registrar has signed the appropriate column of the
panel. Otherwise, the Holder may surrender this Bond to the Bond Registrar (with,
if the Issuer or Bond Registrar so requires, a written instrument of transfer in form
satisfactory to the Issuer and Bond Registrar duly executed by the Holder thereof or
the Holder's attorney duly authorized in writing) and the Issuer shall execute (if
necessary) and the Bond Registrar shall authenticate and deliver to the .Holder of
such Bond, without service charge, a new Bond of the same series having the same
stated maturity and interest rate and of the authorized denomination in aggregate
principal amount equal to and in exchange for the unredeemed portion of the
principal of the Bond so surrendered.
Issuance; Purpose. This Bond is one of an issue in the total principal
amount of $17,930,000, all of like date of original issue and tenor, except as to
number, maturity, interest rate, redemption privilege and denomination, which
Bond has been issued pursuant to and in full conformity with the Constitution and
laws of the State of Minnesota, including Minnesota Statutes, Section 469.178 and
Chapter 475, and. pursuant to a resolution adopted by the City Council on October 5,
1992 (the "Resolution "), to refund certain outstanding general obligation tax
increment bonds of the Issuer. The Bonds are payable primarily from tax
increments from tax increment financing districts established by the Issuer or the
Housing and Redevelopment Authority of Edina which have been pledged to the
payment of the Bonds by the Resolution. In addition, for the full and prompt
payment of the principal of and interest on the Bonds as the same become due, the
full faith, credit and taxing power of the Issuer have been and are irrevocably
pledged.
Denominations; Exchange; Resolution. The Bonds are issuable originally
only as Global Certificates in the denomination of the entire principal amount of
the series maturing on a single date. Global Certificates are not exchangeable for
fully registered bonds of smaller denominations except in the event of a partial
redemption as above provided or in exchange for Replacement Bonds if then
available. Replacement Bonds, if made available as provided below, are issuable
A -3
redemption as above provided or in exchange for Replacement Bonds if then
available. Replacement Bonds, if made available as provided below, are issuable
solely . as fully registered bonds in the denominations of $5,000 and integral
multiples thereof of a single maturity and are exchangeable for fully registered
Bonds of other authorized denominations in equal aggregate principal amounts at
the principal office of the Bond Registrar, but only in the manner and subject to the
limitations provided in the Resolution. Reference is hereby made to the Resolution
for a description of the rights and duties of the Bond Registrar. Copies of the
Resolution are on file in the principal office of the Bond Registrar.
Replacement Bonds. Replacement Bonds may be issued by the Issuer:
(a) If Midwest Securities Trust Company (the "Depository ") shall resign
or discontinue its services for the Bonds, and only if the Issuer is unable to
locate a substitute depository, within two (2) months following the resignation
or discontinuance, or
(b) upon a determination by the Issuer in its sole discretion that (1) the
continuation of the book -entry system described in the Resolution might
adversely affect the interests of the beneficial owners of the Bonds, or"(2) that it
is in the Best interest of the beneficial owners of the Bonds that they obtain
certificated Bonds.
Transfer. This Bond shall be registered in the name of the payee on the
books of the Issuer by presenting this Bond for registration to the Bond Registrar,
who will endorse his, her or its name and note the date of registration opposite the
name of the payee in the certificate of registration attached hereto. Thereafter this
Bond may be transferred by delivery with an assignment duly executed by the
Holder or the Holder's legal representatives, and the Issuer and Bond Registrar may
treat the Holder as the person exclusively entitled to exercise all the rights and
powers of an owner until this Bond is presented with such assignment for
registration of transfer, accompanied by assurance of the nature provided by law that
the assignment is genuine and effective, and until such transfer is registered on said
books and noted hereon by the Bond Registrar, all subject to the terms and
conditions provided in the Resolution and to reasonable regulations of the Issuer
contained iz: any agreement with, or notice to, the Bond Registrar.
Fees upon Transfer or Loss. The Bond Registrar may require payment of a
sum sufficient to cover any tax or other governmental charge payable in connection
with the transfer or exchange of this Bond and any legal or unusual costs regarding
transfers and lost Bonds.
Treatment of Registered Owner. The Issuer and Bond Registrar may treat
the person in whose name this Bond is registered as the owner hereof for the
A -4
purpose of receiving payment as herein provided and for all other purposes,
whether or not this Bond shall be overdue, and neither the Issuer nor the Bond
Registrar shall be affected by notice to the contrary.
Authentication. This Bond shall not be valid or become obligatory for
any purpose or be entitled to any security unless the Certificate of Authentication
hereon shall have been executed by the Bond Registrar.
Not Qualified Tax- Exempt Obligations. The Bonds have not been
designated by the Issuer as "qualified tax -exempt obligations" for purposes of
Section 265(b)(3) of the Internal Revenue Code of 1986, as amended.
IT IS HEREBY CERTIFIED AND RECITED that all acts, conditions and
things required by the Constitution and laws of the State of Minnesota to be done, to
happen and to be performed, precedent to and in the issuance of this Bond, in order
to make it a valid and binding general obligation of the Issuer according to its terms,
have been done, have happened and have been performed, in regular and due
form, time and manner as required by law; that prior to the issuance hereof, the
Issuer has pledged and appropriated tax increments to a sinking fund established for
the payment of the Bonds; that if necessary for the payment of the Bonds ad
valorem taxes will be levied upon all taxable property in the Issuer, without
limitation as to rate or amount; and that the issuance of this Bond does not cause
the indebtedness of the Issuer to exceed any constitutional or statutory limitation of
indebtedness.
IN WITNESS WHEREOF, the City of Edina, Minnesota, by its City
Council has caused this Bond to be executed on its behalf by the signatures of the
Mayor and City Manager and has caused this Bond to be dated as of the date set forth
below.
Date of Registration:
A -5
CITY OF EDINA, MINNESOTA
Mayor
City Manager
BOND REGISTRAR'S CERTIFICATE OF AUTHENTICATION
This Bond is one of the Bonds described in the Resolution mentioned
within.
FINANCE DIRECTOR,
CITY OF EDINA, MINNESOTA
Bond Registrar
By
A
A -6
CERTIFICATE OF. REGISTRATION
The transfer of ownership of the principal amount of the attached Bond may be
made only by the registered owner or the owner's legal representative last noted
below.
DATE OF SIGNATURE OF
REGISTRATION REGISTERED OWNER BOND REGISTRAR
A -7
REGISTER OF PARTIAL PAYMENTS
The principal amount of the attached Bond has been prepaid on the dates and in the
amounts noted below:
Signature of Signature of
Date Amount Bondholder Bond- Registrar
Y -
If a notation is made on this register, such notation has the effect stated in the
attached Bond. Partial payments do not require the presentation of the attached
Bond to the Bond Registrar, and a Holder could fail to note the partial payment here.
A -8
ABBREVIATIONS-
The following abbreviations, when used in the inscription on the face of
this Bond, shall be construed as though they were written out in full according to
applicable laws or regulations:
TEN COM - as tenants in common
TEN ENT - as tenants by the entireties
JT TEN - as joint tenants with right of survivorship
and not as tenants in common
UTMA - as custodian for
(Cust) (Minor)
under the Uniform Transfers to Minors Act
(State)
Additional abbreviations may also be used though not in the above list.
A -9
ASSIGNMENT
For value received, the undersigned hereby sells, assigns and transfers
unto the within Bond and does
hereby irrevocably constitute and appoint
attorney to transfer the Bond on the books kept for the registration
power of substitution in the premises.
Dated:
Signature Guaranteed:
Please insert social security or other
identifying number of assignee:
thereof, with full
Notice: The assignor's signature to this
assignment must correspond with the name
as it appears upon the face of the within Bond
in every particular, without alteration or any
change whatever. Signature(s) must be
guaranteed by a national bank or trust
company or by a brokerage firm having a
membership in one of the major stock
exchanges.
A -10
I *A :1i:1��i0
[Form of Non - Global Bond]
UNITED STATES OF AMERICA
STATE OF MINNESOTA
COUNTY OF HENNEPIN
CITY OF EDINA
A
GENERAL OBLIGATION TAX INCREMENT REFUNDING BOND, SERIES 1992B
INTEREST MATURITY DATE OF
RATE DATE ORIGINAL ISSUE CUSIP
November 1, 1992
REGISTERED OWNER:
PRINCIPAL AMOUNT:
THE CITY OF EDINA, County of Hennepin, State of Minnesota (the
"Issuer "), certifies that it is indebted and for value received promises to pay to the
registered owner specified above or registered assigns, in the manner hereinafter set
forth, the principal amount specified above, on the maturity date specified above,
unless called for earlier redemption, and to pay interest thereon semiannually on
February 1 and August 1 of each year (each, an "Interest Payment Date "),
commencing August 1, 1993, at the rate per annum specified above (calculated on
the basis of a 360 -day year of twelve 30 -day months) until the principal sum is paid
or has been provided for. This Bond will bear interest from the most recent Interest
Payment Date to which interest has been paid or, if no interest has been paid, from
the date of original issue hereof. The principal of and premium, if any, on this
Bond are payable upon presentation and surrender hereof at the office of the
Finance Director, City of Edina, in Edina, Minnesota (the 'Bond Registrar "), acting as
paying agent, or any successor paying agent duly appointed by the Issuer. Interest on
this Bond will be paid on each Interest Payment Date by check or draft mailed to the
person in whose name this Bond is registered (the "Holder" or 'Bondholder ") on
the registration books of the Issuer maintained by the Bond Registrar and at the
address appearing thereon at the close of business on the fifteenth calendar day
preceding such Interest Payment Date (the "Regular Record Date "). Any interest not
so timely paid shall, cease to be payable to the person who is the Holder hereof as of
the Regular Record Date, and shall be payable to the person who is the Holder
B -1
hereof at the close of business on a date (the Special -Record Date ") fixed by the Bond
Registrar whenever money becomes available for payment of the defaulted interest.
Notice of the Special Record Date shall be given to Bondholders not less than ten
(10) days prior to the Special Record Date. The principal of and premium, if any, and
interest on this Bond are payable in lawful money of the United States of America.
REFERENCE IS HEREBY MADE TO THE FURTHER PROVISIONS OF
THIS BOND SET FORTH ON THE REVERSE HEREOF, WHICH PROVISIONS
SHALL FOR ALL PURPOSES HAVE THE SAME EFFECT AS IF SET FORTH HERE.
IT IS HEREBY CERTIFIED AND RECITED that all acts, conditions and
things required by the Constitution and laws of the State of Minnesota to be done, to
happen and to be performed, precedent to and in the issuance of this Bond in order
to make it a valid and binding general obligation of the Issuer according to its terms,
have been done, have happened and have been performed, in regular and due
form, time and manner as required by law; that, in and by the Resolution, the Issuer
has covenanted and agreed with the registered owners that the Bonds are payable
from a separate debt redemption fund of the Issuer; that prior to the issuance hereof,
the Issuer has pledged and appropriated tax increments to a sinking fund established
for the payment of the Bonds; that if necessary for the payment of the Bonds ad
valorem taxes will be levied upon all taxable property in the Issuer, without
limitation as to rate or amount; and that the issuance of this Bond does not cause
the indebtedness of the Issuer to exceed any constitutional or statutory limitation of
indebtedness.
IN WITNESS WHEREOF, the City of Edina, Minnesota, by its City
Council has caused this Bond to be executed on its behalf by the facsimile signatures
of the Mayor and City Manager and has caused this Bond to be dated as of the date
set forth below.
Date of Registration:
CITY OF EDINA, MINNESOTA
Mayor
City Manager
within.
BOND REGISTRAR'S CERTIFICATE OF AUTHENTICATION
This. Bond is one of the Bonds described in the Resolution mentioned
FINANCE DIRECTOR,
CITY OF EDINA, MINNESOTA
Bond Registrar
UZ
(ON REVERSE OF BOND)
Date of Payment Not Business Day. If the date for payment of the
principal of, premium, if any, or interest on this Bond shall be a Saturday, Sunday,
legal holiday or a day on which banking institutions in the City of New York, New
York, or the city where the principal office of the Bond Registrar is located are
authorized by law or executive order to close, then the date for such payment shall
be the next succeeding day which is not a Saturday, Sunday, legal holiday or a day on
which such banking institutions are authorized to close, and payment on such date
shall have the same force and effect as if made on the nominal date of payment.
Redemption. All Bonds maturing on or after February 1, 2001, are subject
to redemption and prepayment at the option of the Issuer on February 1, 2000, and
on any date thereafter, at a price of par plus accrued interest.
Redemption may be in whole or in part of the Bonds subject to
prepayment. If redemption is in part, the City shall determine the order of
redemption of Bonds; and if only part of the Bonds having a common maturity date
are called for prepayment, the specific Bonds to be prepaid shall be chosen by lot by
the Bond Registrar. Bonds or portions thereof called for redemption shall be due
and payable on the redemption date, and interest. thereon shall cease to accrue from
and after the redemption date.
Notice of Redemption. Published notice of redemption shall in each case
be given in accordance with law, and mailed notice of redemption shall be given to
the paying agent (if other than an officer of the Issuer) and to each affected Holder of
the Bonds. In the event any of the Bonds are called for redemption, written notice
thereof will be given by first class mail mailed not less than thirty (30) days prior to
the redemption date to each Holder of Bonds to be redeemed. In connection with
any such notice, the "CUSIP" numbers assigned to the Bonds shall be used.
Selection of Bonds for Redemption. To effect a partial redemption of
Bonds having a common maturity date, the Bond Registrar shall assign to each
Bond having a common maturity date a distinctive number for each $5,000 of the
principal amount of such Bond. The Bond Registrar shall then select by lot, using
such method of selection as it shall deem proper in its discretion, from the numbers
assigned to the Bonds, as many numbers as, at $5,000 for each number, shall equal
the principal amount of such Bonds to be redeemed. The Bonds to be redeemed
shall be the Bonds to which were assigned numbers so selected; provided, however,
that only so much of the principal amount of such Bond of a denomination of more
'than $5,000 shall be redeemed as shall equal $000 for each number assigned to it
and so selected. If a Bond is to be redeemed only in part, it shall be surrendered to
the Bond Registrar (with, if the Issuer or Bond Registrar so requires, a written
instrument of transfer in form satisfactory to the Issuer and Bond Registrar duly
executed by the Holder thereof or the Holder's attorney duly authorized in writing)
and the Issuer shall execute (if necessary) and the Bond Registrar shall authenticate
and deliver to the Holder of such Bond, without service charge, a new Bond or
Bonds of the same series having the same stated maturity and interest rate and of
any authorized denomination or denominations, as requested by such Holder, in
aggregate principal amount equal to and in exchange for the unredeemed portion of
the principal of the Bond so.surrendered.
Issuance; Purpose. This Bond is one of an issue in the total principal
amount of $17,930,000 all of like date of original issue and tenor, except as to
number, maturity, interest rate, redemption privilege and denomination, which
Bond has been issued pursuant to and in full conformity with the Constitution and
laws of the State. of Minnesota, including Minnesota Statutes, Section 469.178 and
Chapter 475 and pursuant to a resolution adopted by the Common Council of the
Issuer on October 5, 1992 (the "Resolution "), to refund certain outstanding general
obligation tax increment bonds of the Issuer. The Bonds are payable primarily from
tax increments from tax increment financing districts established by the Issuer or the
Housing and Redevelopment Authority of Edina which have been pledged to the
payment of the Bonds by the, Resolution. In addition, for the full and prompt
payment of the principal of and interest on the Bonds as the same become due, the
full faith, credit and taxing power of the Issuer have been and are irrevocably
pledged.
Denominations; Exchange; Resolution. The Bonds are issuable solely as
fully registered bonds in the denominations of $5,000 and integral multiples thereof
of a single maturity and are exchangeable for fully registered Bonds of other
authorized denominations in equal aggregate principal amounts at the principal
office of the Bond Registrar, but only in the manner and subject to the limitations
provided in the Resolution. Reference is hereby made to the Resolution .for a
Im
description of the rights and duties of the Bond Registrar. Copies of the Resolution
are on file in the principal office of the Bond Registrar.
Transfer. This Bond is transferable by the Holder in person or by the
Holder's attorney duly authorized in writing at the principal office of the Bond
Registrar upon presentation and surrender hereof to the Bond Registrar, all subject
to the terms and conditions provided in the Resolution and to reasonable
regulations of the Issuer contained in any agreement with the Bond Registrar.
Thereupon the Issuer shall execute and the Bond Registrar shall authenticate and
deliver, in exchange for this Bond, one or more new fully registered Bonds in the
name of the transferee (but not registered in blank or to "bearer" or similar
designation), of an authorized denomination or denominations, in aggregate
principal amount equal to the principal amount of this Bond, of the same maturity
and bearing interest at the same rate.
Fees upon Transfer or Loss. The Bond Registrar may require payment of a
sum sufficient to cover any tax or other governmental charge payable in connection
with the transfer or exchange of this Bond and any legal or unusual costs regarding
transfers and lost Bonds.
Treatment of Registered Owner. The Issuer and Bond Registrar may treat
the person in whose name this Bond is registered as the owner hereof for the
purpose of receiving payment as herein provided and for all other purposes,
whether or not this Bond shall be overdue, and neither the Issuer nor the Bond
Registrar shall be affected by notice to the contrary:
Authentication. This Bond shall not be valid or become obligatory for
any purpose or be entitled to any security unless the Certificate of Authentication
hereon shall have been executed by the Bond Registrar.
Not Oualified Tax - Exempt Obligations. The Bonds have not been
designated by the Issuer as "qualified tax - exempt obligations" for purposes of
Section 265(b)(3) of the Internal Revenue Code of 1986, as amended.
B -5
ABBREVIATIONS
The following abbreviations, when used in the inscription on the face of
this Bond, shall be construed as though they were written out in full according to
applicable laws or regulations:
TEN COM - as tenants in common
TEN ENT - as tenants by the entireties
JT TEN - as joint tenants with right of survivorship
and not as tenants in common
UTMA - as custodian for
under the
(Cust)
(State)
(Minor)
Uniform Transfers to Minors Act
Additional abbreviations may also be used though not in the above list.
ASSIGNMENT
For value received, the undersigned hereby sells, assigns and transfers
unto the within Bond and does
hereby irrevocably constitute and appoint
attorney to transfer the Bond on the books kept for the registration thereof, with full
power of substitution in the premises.
Dated:
Signature Guaranteed:
Please insert social security or other
identifying number of assignee:
Notice: The assignor's signature to this
assignment must correspond with the name
as it appears upon the face of the within Bond
in every particular, without alteration or any
change whatever. Signature(s) must be
guaranteed by a national bank or trust
company or by a brokerage firm having a
membership in one of the major stock
exchanges.
BID AVARDED FOR $4.560.000 G.O. RECREATIONAL FACILITY REFUNDING BONDS,
SERIES 1992C
It was reported that 3 sealed bids for the bonds had been received at the
time and place designated in the Terms of Proposal approved by resolution of the
Council at the meeting held on September 8, 1992, and included in the Official
Statement circulated by the City's financial advisor on behalf of the City. The bids
received were as follows: •
Interest Net Interest True Interest
Bidder Rates Price Cost Rate
FBS INVESTMENT SERVICES, INC.
DAIN BOSWORTH INCORPORATED
MERRILL LYNCH & CO.
NORWEST INVESTMENT SERVICES,
INCORPORATED
PIPER JAFFRAY, INC.
SMITH BARNEY, HARRIS UPHAM &
COMPANY INCORPORATED
AND ASSOCIATES
- In Association With -
HARRIS TRUST AND SAVINGS BANK
KIDDER, PEABODY & COMPANY,
INCORPORATED
KEMPER SECURITIES, INC.
CLAYTON BROWN & ASSOCIATES,
INCORPORATED
GRIFFIN, KUBIK, STEPHENS &
. THOMPSON, INC
William Blair & Company
LEHMAN BROTHERS
PRUDENTIAL SECURITIES, INC.
DEAN WITTER REYNOLDS INCORPORATED
PAINEWEBBER INCORPORATED
BEAR, STEARNS & CO., INC.
A. G. EDWARDS & SONS, INCORPORATED
AND ASSOCIATES
4.40%1997 $4,514,400.00 $2,968,693.75 $5.7612%
4.70%1998
4.90%1999
5.00%2000
5.20%2001
5.40%2002
5.50%2003
5.60%2004
5.70%2005
5.80%2006
5.90%2007
5.95%2008
6.00%2009
4.60%1997 $4,500,720.00 $2,994,505.00 5.8242%
4.80%1998
5.00%1999
5.10%2000
5.30%2001
5.40%2002
5.50%2003
5.60%2004
5.70%2005
5.80%2006
5.90%2007
6.00% 2008 -2009
4.60%1997 $4,506,718.65 $3,019,926.77 5.8700%
4.80%1998
5.00%1999
5.20%2000
5.35%2001
5.50%2002
5.60%2003
5.70%2004
5.80%2005
5.90%2006
6.00% 2007 -2009
adoption:
Member Kelly then introduced the following resolution and moved its
RESOLUTION RELATING TO $4,560,000 GENERAL
OBLIGATION RECREATIONAL FACILITY REFUNDING
BONDS, SERIES 1992C; AWARDING THE SALE, FIXING THE
FORM AND DETAILS, PROVIDING FOR THE EXECUTION
THEREOF AND THE SECURITY THEREFOR
BE IT RESOLVED by the City.Council of the City of Edina, Minnesota
(the Issuer), as follows:
Section 1. Authorization and Sale.
1.01. Authorization. The Issuer has presently outstanding its General
Obligation Golf Course Bonds, Series 1985, initially dated as of September 1, 1985 (the
1985 Bonds), its General Obligation Recreational Facility Bonds, Series 1988, initially
dated as of October 1, 1988 (the 1988 Bonds) and its General Obligation Recreational
Facility Bonds, Series 1989, initially dated as of April 1, 1989 (the 1989 Bonds) (the
1985 Bonds, the 1988 Bonds and the 1989 Bonds are hereinafter collectively referred
to as the Prior. Bonds). This Council, by a resolution adopted on September 8, 1992,
authorized the sale of $4,560,000 General Obligation Recreational Facility Refunding
Bonds, Series 1992C (the Bonds), of the Issuer, the proceeds of which would be used,
together with any additional funds of the Issuer which might be required, to refund
in advance of maturity the 1985 Bonds maturing in the years 1997 through 2000
which aggregate $550,000 in principal amount (the 1985 Refunded Bonds), to refund
in advance of maturity the 1988 Bonds maturing in the years 1999 through 2009
which aggregate $2,295,000 in principal amount (the 1988 Refunded Bonds) and to
refund in advance of maturity the 1989 Bonds maturing in the years 1999 through
2009 which aggregate 1,560,000 in principal amount (the 1989 Refunded Bonds). Said
refunding constitutes a "crossover refunding" as defined in Minnesota Statutes,
Section 475.17, subd. 13. The Prior Bonds were issued pursuant to Minnesota Laws
1961, Chapter 655 (the Act) and Minnesota Statutes, Chapter 475 to finance the
acquisition and betterment of improvements to municipal recreation facilities of the
Issuer.
1.02. Sale of Bonds. The Issuer has retained Springsted Incorporated, as
independent financial advisors in connection with the sale of the Bonds. Pursuant
to Minnesota Statutes, Section_ 475.60, subdivision 2, paragraph (9), the requirements
as to public sale do not apply to the issuance of the Bonds. Bids have been received
in accordance with the Terms of Proposal approved by the resolution adopted by this
Council on September 8, 1992 authorizing the sale of the Bonds, and the Council has
publicly considered all sealed bids presented in conformity with the Terms of
Proposal. The most favorable of such bids is ascertained to be that of FBS
Investment Services, Inc., and associates, of Minneapolis, Minnesota (the
Purchaser), to purchase the Bonds at a price of $4,514,400 plus accrued interest on all
Bonds to the day of delivery and payment, on the further terms and conditions
hereinafter set forth.
1.03 Award of Bonds. The sale of the Bonds is hereby awarded to the
Purchaser and the Mayor and Manager are hereby authorized and directed on behalf
of the Issuer to execute a contract for the sale of the Bonds in accordance with the
terms of the bid. The good faith deposit of the Purchaser shall be retained and
deposited by the Issuer until the Bonds have been delivered and shall be deducted
from the purchase price paid at settlement. The good faith checks of other bidders
shall be returned to them forthwith.
1.04. Savings. It is hereby determined that by issuance of the Bonds the
Issuer will realize a substantial interest rate reduction, a gross savings of
approximately $199,462.40 and a present value savings (using the yield on the
Bonds, computed in accordance with Section 148 of the Internal Revenue Code of
1986, as amended, as the discount factor) of approximately $113,787.81.
1.05. Issuance of Bonds. All acts, conditions and things which are
required by the Constitution and laws of the State of Minnesota to be done, to exist,
to happen and to be performed precedent to and in the valid issuance of the Bonds
having been done, existing, having happened and having been performed, it is now
necessary for the Council to establish the form and terms of the Bonds, to provide
security therefor and to issue the Bonds forthwith.
Section 2. Bond Terms; Registration; Execution and Delivery.
2.01. Issuance of Bonds. The Bonds shall be originally dated
November 1, 1992, as the date of original issue and shall be issued forthwith on or
after such date using a Global Book Entry System. One Global Certificate
representing the aggregate principal amount of the Bonds maturing in each year
(the Global Certificates) will be issued and fully registered as to principal and interest
in the name of Kray & Co. as nominee of the Midwest Securities Trust Company
(the Depository), a Securities and Exchange Commission registered depository, an
Illinois trust company, a member of the Federal Reserve System and a "clearing
corporation" within the meaning of the Illinois Uniform Commercial Code.
2.02. Maturities; Interest Rates; Denominations and Payment. The
Bonds shall be in the denomination of $5,000 each, or any integral multiple thereof,
of single maturities, shall mature on January 1 in the years and amounts stated
below, and shall bear interest from date of issue until paid or duly called for
redemption at the respective annual rates set forth opposite such years and
amounts, as follows:
&,a
Year
Amount
Rate
1997
$115,000
4.40%
1998
160,000
.4.70
1999
325,000
4.90
2000
320,000
5.00
2001
335,000
5.20
2002
360,000
5.40
2003
365,000
5.50
2004
380,000
5.60
2005
410,000
5.70
2006
435,000
5.80
2007
445,000
5.90
2008
495,000
5.95
2009
505,000
6.00
For the purpose of complying with the provisions of Minnesota Statutes, Section
475.54, subdivision 7, the maturities of the Bonds shall be combined with the non-
refunded maturities of the Prior Bonds and the maturities of the General Obligation
Recreati( nal Facility Bonds, Series 1992A (the 1992A Bonds) of the Issuer being
issued simultaneously with the Bonds.
2.03. Dates and Interest Payment Dates. The Bonds shall bear interest
payable ca January 1 and July 1 of each year (an Interest Payment Date),
commenc-'ng July 1, 1993, calculated on the basis of a 360 day year of twelve 30 day
months. Interest on any Global Certificate shall be paid as provided in the first
paragraph thereof, and interest on any Non - Global Bond shall be paid on each
Interest Payment Date by check or draft mailed to the person in whose name the
Bond is registered (the Holder) on the registration books of the Issuer maintained by
the Bond Registrar, and in each case at the address appearing thereon at the close of
business on the fifteenth (15th) calendar day preceding such Interest Payment Date
(the Regular Record Date). Any such interest not so timely paid shall cease to be
payable to the person who is the Holder thereof as of the Regular Record Date, and
shall be payable to the person who is the Holder thereof at the close of business on a
date (the Special Record Date) fixed by the Bond Registrar whenever money becomes
available for payment of the defaulted interest. Notice of the Special Record Date
shall be given by the Bond Registrar to the Holders not less than ten (10) days prior
to the Special Record Date.
2.04. Form of Bond. The Bonds shall be in the form of Global Certificates
unless and until Replacement Bonds are made available as provided in Section 2.14,
and otherwise shall be in the form of Non - Global Bonds. The form of Bonds shall
be substantially as set forth in Exhibit A for the Global Certificates or as set forth in
-3-
Exhibit B for the Non - Global Bonds, but may contain such additional or different
terms and provisions as to the form and time of payment, record date, notices and
other matters as are consistent with a Supplemental Resolution.
2.05. Redemption. The Issuer may elect on January 1, 2002, and on any
date thereafter, to prepay Bonds due on or after January 1, 2003. Redemption may be
in whole or in part of the Bonds subject to prepayment. If redemption is in part, the
City shall determine the order of redemption of Bonds. If a maturity is prepaid
only in part, prepayments will be in increments of $5,000 of principal. All such
prepayments shall be at a price of par plus accrued interest.
The Bond Registrar shall call Bonds for redemption and payment as
herein provided upon receipt by the Bond Registrar at least forty -five (45) days prior
to the redemption date of a request of the Issuer, in written form if the Bond
Registrar is other than a Issuer officer, unless a shorter period of notice is acceptable
to the Bond Registrar. Such request shall specify the principal amount of Bonds to
be called for redemption, the redemption date and the redemption price.
Published notice of redemption shall in each case be given in accordance
with law, and mailed notice of redemption shall be given to the paying agent (if
other than a Issuer officer) and to each affected Holder. If and when the Issuer shall
call any of the Bonds for redemption and payment prior to the stated maturity
thereof, the Bond Registrar shall give written notice in the name of the Issuer of its
intention to redeem and pay such Bonds at the office of the Bond Registrar. Notice
of redemption shall be given by first class mail, postage prepaid, mailed not less than
thirty (30) days prior to the redemption date, to each Holder of Bonds to be
redeemed, at the address appearing in the Bond Register; provided that if a
Depository Letter Agreement (hereafter defined) contains other or different
requirements for delivery of such notice to the Depository, then the provisions of
the Depository Letter Agreement shall be followed for that Holder. All notices of
redemption shall state:
(a) The redemption date;
(b) The redemption price;
(c) If less than all outstanding Bonds are to be redeemed, the
identification (and, in the case of partial redemption, the respective
principal amounts) of the Bonds to be redeemed;
(d) That on the redemption date, the redemption price will become due
and payable upon each such Bond, and that interest thereon shall
cease to accrue from and after said date; and
(e) The place where such Bonds are to be surrendered for payment of
the redemption price (which shall be the office of the Bond
Registrar).
2.06. Bond Registrar. The Finance Director of the Issuer is appointed to
act as bond registrar and transfer agent with respect to the Bonds (the Bond
Registrar), and shall so act for all Bonds unless and until a successor Bond Registrar
is duly appointed. A successor. Bond Registrar shall be an officer of the Issuer, or a
bank or trust company eligible for designation as bond registrar pursuant to
Minnesota Statutes, Chapter 475. The Bond Registrar shall also serve as paying
agent unless and until a successor paying agent is duly appointed. Principal and
interest on the Bonds shall be paid to the. Holders of the Bonds- in the manner set
forth in the forms of Bond and Section 3.
2.07. Execution and Delivery. The Bonds shall be executed on behalf of
the Issuer by the signatures of its Mayor and Manager, each with the effect noted on
the forms of the Bonds; provided that any of such signatures may be printed or
photocopied facsimiles. In the event of disability or resignation or other absence of
any such officer, the Bonds may be signed by the manual or facsimile signature of
that officer who may, act on behalf of such absent or disabled officer. In case any such
officer whose signature or facsimile of whose signature shall appear on the Bonds
shall cease to be-such officer before the delivery of the Bonds, such signature or
facsimile shall nevertheless be valid and sufficient for all purposes, the same as if
the. officer had remained in office until delivery.
The Bonds when so prepared and executed shall be delivered by the
Finance Director to the Purchaser upon receipt of the purchase price, and the
Purchaser shall not be obliged to see to the proper application. thereof.
2.08. Authentication; Date of Registration. No Bond shall be valid or
obligatory for any purpose or be entitled to any security or benefit under this
resolution unless a Certificate of Authentication on such Bond, substantially in the
form set forth on the form of Bond, shall have been duly executed by the Bond
Registrar. The Bond Registrar shall authenticate the signatures of officers of the
Issuer on each Bond by execution of the Certificate of Authentication on the Bond
and by inserting as the date of registration in the space provided the date on which
the Bond is authenticated. For purposes of delivering the original Bonds to the
Purchaser, the Bond Registrar shall insert as the date of registration the date of
original issue. The Certificate of Authentication so executed on each Bond shall be
conclusive evidence that it has been authenticated and delivered under this
resolution.
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2.09. Registration; Transfer; Exchange. The Issuer will cause to be kept at
the office of the Bond Registrar a bond register in which, subject to such reasonable
regulations as the Bond Registrar may prescribe, the Bond Registrar shall provide
for the registration of Bonds and the registration of transfers of Bonds entitled to be
registered or transferred as herein provided.
All Bonds surrendered upon any exchange or transfer provided for in this
Resolution shall be promptly cancelled by the Bond Registrar and thereafter
disposed of as directed by the Issuer.
All Bonds delivered in exchange for or upon transfer of Bonds shall be
valid general obligations of the Issuer evidencing the same debt, and entitled to the
same benefits under this Resolution, as the Bonds surrendered for such exchange or
transfer.
Every Bond presented or surrendered for transfer or exchange shall be
duly endorsed or be accompanied by a written instrument of transfer, in form
satisfactory to the Bond Registrar, duly executed by the Holder thereof or the
Holder's attorney duly authorized in writing.
The Bond Registrar may require payment of a sum sufficient to cover any
tax or other governmental charge payable in connection with the transfer or
exchange of any Bond and any legal or unusual costs regarding transfers and lost
Bonds.
Transfers shall also be subject to reasonable regulations of the Issuer
contained in any agreement with, or notice to, the Bond Registrar, including
regulations which permit the Bond Registrar to close its transfer books between
record dates and payment dates.
2.10. Rig�hts_Upon Transfer or Exchange. Each Bond delivered upon
transfer of or in exchange for or in lieu of any other Bond shall carry all the rights to
interest accrued and unpaid, and to accrue, which were carried by such other, Bond.
2.11. Holders; Treatment of Registered Owner; Consent of Holders.
(A) For the purposes of all actions, consents and other matters affecting
Holders of Bonds issued under, this Resolution, as from time to time supplemented,
other than payments, redemptions, and purchases, the Issuer may (but shall not be
obligated to) treat as the Holder of a Bond the beneficial owner of the Bond instead
of the person in whose name the Bond is registered. For that purpose, the Issuer
may ascertain the identity of the beneficial owner of the Bond by such means as the
Bond Registrar in its sole discretion deems appropriate, including but not limited to
M
a certificate from the Depository or other person in whose name the Bond is
registered identifying such beneficial owner.
(B) The Issuer and Bond Registrar may treat the person in whose name
any Bond is registered as the owner of such Bond for the purpose of receiving
payment of principal of and premium, if any, and interest on, such Bond and for all
other purposes whatsoever whether or not such Bond shall be overdue, and neither
the Issuer nor the Bond Registrar shall be affected by notice to the contrary.
(C) Any consent, request, direction, approval, objection or other
instrument required by this Resolution, as supplemented, to be signed and executed
by the Holders may be in any number of concurrent writings of similar tenor and
must be signed or executed by such Holders in person or by agent appointed in
writing. Proof of the execution of any such consent, request, direction, approval,
objection or other instrument or of the writing appointing any such agent and of the
ownership of Bonds, if made in the following manner, shall be sufficient for any of
the purposes of this Resolution as supplemented, and shall -be conclusive in favor of
the Issuer with regard to any action taken by it under such request or other
instrument, namely:
(1) The fact and date of the execution by any person of any such writing
may be proved by the certificate of any officer in any jurisdiction who by law
has power to take acknowledgments within such jurisdiction that the person
signing such writing acknowledged before him the execution thereof, or by an
affidavit of any witness to such execution.
(2) Subject to the provisions of subsection (A) above, the fact of the
ownership by any person of Bonds and the amounts and numbers of such
Bonds, and the date of the holding of the same, may be proved by reference to
the Bond Register.
2.12. Description of the Global Certificates and Global, Book-Entry System.
Upon their original issuance the Bonds will be issued in the form of a single Global
Certificate for each maturity, deposited with the Depository by the Purchaser and
immobilized as provided in Section 2.14. No beneficial owners of interests in the
Bonds will receive certificates representing their respective interests in the Bonds
except as provided in Section 2.14. Except as so provided, during the term of the
Bonds, beneficial ownership (and subsequent transfers of beneficial ownership) of
interests in the Global Certificates will be reflected by book entries made on the
records of the Depository and its Participants and other banks, brokers, and dealers
participating in the National System. The Depository's book entries of beneficial
ownership interests are authorized to be in integral increments of $5,000, despite the
larger authorized denominations of the Global Certificates. Payment of principal of,
premium, if any, and interest on the Global Certificates will be made to the Bond
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Registrar as paying agent, and in turn by the Bond Registrar to the Depository or its
nominee as registered owner of the Global Certificates, and the Depository according
to the laws and rules governing it will receive and forward payments on behalf of
the beneficial owners of the Global Certificates.
2.13. Depository Letter Agreement. There has been submitted to this
Council a form of letter agreement between the Bond Registrar and the Depository.
Such letter agreement (the Depository Letter Agreement) is hereby approved. The
Bond Registrar, the Mayor and the Manager are hereby authorized and directed to
execute the Depository Letter Agreement in substantially the form submitted, with
only such variations therein as may be required to complete the Depository Letter
Agreement, or which are not, in the opinion of the Issuer Attorney and bond
counsel, materially adverse to the interests of the Issuer.
2.14. Immobilization of Global Certificates by the ository; Successor
Depository and Replacement Bonds. Pursuant to the request of the Purchaser to the
Depository, immediately upon the original delivery of the Bonds the Purchaser will
deposit the Global Certificates representing all of the Bonds with the Depository.
The Global Certificates shall be in typewritten form or otherwise as acceptable to the
Depository, shall be registered in the name of the Depository or its nominee and
shall be held immobilized from circulation at the offices of the Depository. The
Depository or its nominee will be the sole holder of record of the Global Certificates
and no investor or other party purchasing, selling or otherwise transferring
ownership of interests in any Bond is to receive, hold or deliver any Global
Certificates so long as the Depository holds the Global Certificates immobilized from
circulation, except as provided below in this Section.
Global Certificates evidencing the Bonds may not, after their original
delivery, be transferred or exchanged except:
(i) Upon exchange of a Global Certificate after a partial redemption, as
provided in Section 2.15,
(ii) To any successor of the Depository (or its nominee) or any substitute
depository (a "Substitute Depository ") designated pursuant to clause (iii) of this
subparagraph, provided that any successor of the Depository or any Substitute
Depository must be both a "clearing corporation" as defined in the Minnesota
Uniform Commercial Code, Minnesota Statutes, Section 336. 8-102, and a
qualified and registered "clearing agency" as provided in Section 17A of the
Securities Exchange Act of 1934, as amended,
(iii) To a Substitute Depository designated by and acceptable to the Issuer
upon (a) the determination by the Depository that the Bonds shall no longer be
eligible for its depository services or (b) a determination by the Issuer that the
10
Depository is no longer able to carry out its functions, provided that any
Substitute Depository must be qualified to act as such, as provided in clause (ii)
of this subparagraph, or
(iv) In the event that:
(a) the Depository shall resign or discontinue its services for the Bonds
and the Issuer is unable to locate a Substitute Depository within two (2) months
following the resignation or discontinuance, or
(b) the Issuer determines in its sole discretion that (1) the continuation of
the book entry system described herein might adversely affect the interests of
the beneficial owners of the Bonds; or (2) that it is in the best interest of the
beneficial owners of the Bonds that they obtain certificated Bonds,
in either of which events the Issuer shall notify Holders of its determination and
the Issuer, the Bond Registrar and the Depository shall cooperate in providing
certificates (the 'Replacement Bonds ") to Holders and the registration, transfer and
exchange of such Bonds shall thereafter be conducted as provided in Section 2.09
hereof.
In the event of a replacement of the Depository as may be authorized by
the second paragraph of this Section, the Bond Registrar upon presentation of
Global Certificates shall register their transfer to the substitute or successor
depository, and the substitute or successor depository shall be treated as the
Depository for all purposes and functions under this resolution. The Depository
Letter Agreement shall not apply to a Substitute Depository unless the Issuer and
the Substitute Depository so agree, and a similar agreement may be entered into.
2.15. Redemption - Global Certificates. Upon a reduction in the aggregate
principal amount of a Global Certificate, the Holder may make a notation of such
redemption on the panel provided on the Global Certificate stating the amount so
redeemed, or may return the Global Certificate to the Bond Registrar in exchange for
a new Global Certificate authenticated by the Bond Registrar, in proper principal
amount. Such notation, if made by the Holder, shall be for reference only, and may
not be relied upon by any other person as being in any way determinative of the
principal amount of such Global Certificate outstanding, unless the Bond Registrar
has signed the appropriate column of the panel.
For the purposes of giving notice in accordance with Section 2.05, the
"Holder" of Global Certificates shall be the Depository or its nominee.
2.16. Redemption- Non - Global Bonds. To effect a partial redemption of
Non - Global Bonds having a common maturity date, the Bond Registrar prior to
0
giving notice of redemption shall assign to each Non - Global Bond having a
common maturity date a distinctive number for each $5,000 of the principal amount
of such Non - Global Bond. The Bond Registrar shall then select by lot, using such
method of selection as it shall deem proper in its discretion, from the numbers as, at
$5,000 for each number, shall equal the principal amount of such Non - Global Bonds
to be redeemed. The Non - Global Bonds to be redeemed shall be the Non - Global
Bonds to which were assigned numbers so selected; provided, however, that only so
much of the principal amount of each such Non - Global Bond of a denomination of
more than $5,000 shall be redeemed as shall equal $5,000 of principal amount for
each number assigned to it and so selected.
If a Non - Global Bond is to be redeemed only in part, it shall be
surrendered to the Bond Registrar (with, if the Issuer or Bond Registrar so requires,
a written instrument of transfer in form satisfactory to the Issuer and Bond Registrar
duly executed by the Holder thereof or his, her or its attorney duly authorized in
writing) and the Issuer shall execute (if necessary) and the Bond Registrar shall
authenticate and deliver to the Holder of such Non - Global Bond, without service
charge, a new Non - Global Bond or Bonds of the same series having the same stated
maturity and interest rate and of any authorized denomination or denominations,
as requested by such Holder, in aggregate principal amount equal to and in exchange
for the unredeemed portion of the principal of the Bond so surrendered.
Section 3. Use of Proceeds and Escrow Accounts. The proceeds of the
Bonds in the amount of $566,579.67 are irrevocably appropriated for the payment of
interest to become due on the Bonds to and including January 1, 1996 (the 1985
Bonds Crossover Date), and for the payment and redemption of the principal
amount of the 1985 Refunded Bonds on the 1985 Bonds Crossover Date. The
proceeds of the Bonds in the amount of $4,028,715.33 are irrevocably appropriated
for the payment of interest to become due on the Bonds to and including January 1,
1998 (the 1988 and 1989 Bonds Crossover Date) and for the payment and redemption_
of the principal amount of the 1988 Refunded Bonds and 1989 Refunded Bonds on
the 1988 and 1989 Bonds Crossover Date. The Finance Director is hereby authorized
and directed, simultaneously with the delivery of the Bonds, to deposit the proceeds
thereof, to the extent described above, in escrow with Norwest'Bank Minnesota,
National Association, in Minneapolis, Minnesota (the Escrow Agent), a banking
institution whose deposits are insured by the Federal Deposit Insurance Corporation
and whose combined capital and surplus is not less than $500,000, and shall invest
the funds so deposited in securities authorized for such purpose by Minnesota
Statutes, Section 475.67, subdivision 8, maturing on such dates and bearing interest
at such rates as are required to provide funds sufficient, with cash retained in the
escrow account, to make the above - described payments. The Mayor and Manager
are hereby authorized to enter into an Escrow Agreement with the Escrow Agent
establishing the terms and conditions for the escrow account in accordance with
Minnesota Statutes, Section 475.67. Of, the remaining proceeds of the Bonds,
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$26,523.37 shall be applied to pay issuance expenses and $-0- shall be deposited in the
Sinking Fund created pursuant to Section 4 hereof.
Section 4. General Obligation Recreational Facility Refunding Bond
Sinking Fund. The Bonds shall be payable from a separate Series 1992C General
Obligation Recreational Facility Refunding Bond Sinking Fund (the Sinking Fund)
which shall be created and. maintained on the books of the Issuer as a separate debt
redemption fund until the Bonds, and all interest thereon, are fully paid. There
shall be credited to the Sinking Fund the following:
(a) Any amount initially deposited therein pursuant to Section 3 hereof.
(b) All receipts of principal and interest on the investments held in the
escrow account established in Section 3 (other than the sum of $550,000 received
from maturing investments on the 1985 Bonds Crossover Date to be used to redeem
the 1985 Refunded Bonds and the sum of $3,855,000 received from maturing
investments-on the 1988 and 1989 Crossover Date to be used to redeem the 1988
Refunded Bonds and 1989 Refunded Bonds and $21,443.73 to be used to pay principal
of the 1988 Bonds and /or 1989 Bonds coming'due on such date).
(c) All taxes levied and all other money which may at any time be
received for or appropriated to the payment of the principal of or interest on the
Bonds, including the net revenues of the Issuer's liquor stores, golf courses and ice
arena herein pledged and appropriated to the Sinking Fund and all collections of
any ad valorem taxes levied for the payment of the Bonds.
(d) All amounts held in the sinking funds for the Prior Bonds upon
payment in full of such Prior Bonds, including amounts held in separate
subaccounts in such sinking funds as reserves for the Prior Bonds as required by the
Act, which amounts up to an amount equal to the average annual amount of
principal and interest to become due on the Bonds shall be credited in a separate
subaccount in the Sinking Fund as a reserve for the payment of the principal of and
: l teres on the Bonds.
(e) Any other funds appropriate by the Council for the payment of the
Bonds.
Section 5. Pledge of Net Revenues. The net revenues of. the Issuer's golf
courses, ice arena and liquor stores (the Net Revenues) are hereby irrevocably
pledged and appropriated to the payment of the Bonds and interest thereon when
due and maintenance of the reserve account required by the Act following the. 1988
and 1989 Crossover Date. The pledge of the Net Revenues to the payment of the
Bonds and maintenance of the reserve account is subordinate to the pledge of the
Net Revenues to the, payment of the Prior Bonds and on a parity with the pledge of
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such net revenues to the payment of the 1992A Bonds. Nothing herein shall
preclude the Issuer from hereafter making further pledges and appropriations of the
Net Revenues for payment of additional obligations of the Issuer hereafter
authorized if the Council determines before the authorization of such additional
obligations that the estimated Net Revenues will be sufficient, together with any
other sources pledged to the payment of the outstanding and additional obligations,
for payment of the outstanding bonds and such additional obligations. Such further
pledges and appropriations of Net Revenues may be made superior or subordinate
to, or on a parity with, the pledge and appropriation herein made.
Section 6. Pledge of Taxing Powers. For the prompt and full payment of
the principal of and interest on the Bonds as such payments respectively become
due, the full faith, credit and unlimited taxing powers of the Issuer shall be and are
hereby irrevocably pledged. It is, however, presently estimated that the funds
appropriated pursuant to Section 5 hereof will provide sums not less than 5% in
excess of principal and interest on the Bonds when due, and therefore no tax levy is
presently required.
Section 7. Defeasance. When all of the Bonds have been discharged as
provided in this section, all pledges, covenants and other rights granted by this
resolution to the registered owners of the Bonds shall cease. The Issuer may
discharge its obligations with respect to any Bonds which are due on any date by
depositing with the Registrar on or before that date a sum sufficient for the payment
thereof in full; or, if any Bond should not be paid when due, it may nevertheless be
discharged by depositing with the Registrar a sum sufficient for the payment thereof
in full with interest accrued from the due date to the date of such deposit. The
Issuer may also discharge its obligations with respect to any prepayable Bonds called
for redemption on any date when they are prepayable according to their terms, by
depositing with the Registrar on or before that date an amount equal to the
principal, interest and redemption premium, if any, which are then due, provided
that notice of such redemption has been duly given as provided herein. The Issuer
may also at any time discharge its obligations with respect to any Bonds, subject to
the provisions of law now or hereafter authorizing and regulating such action, by
depositing irrevocably in escrow, with a bank qualified by law as an escrow agent for
this purpose, cash or securities which are authorized by law to be so deposited,
bearing interest payable at such time and at such rates and maturing or callable at
the holder's option on such dates as shall be required to pay all principal, interest
and redemption premiums to become due thereon to maturity or said redemption
date.
Section 8. Registration of Bonds. The Clerk is hereby authorized and
directed to file a certified copy of this resolution with the County Auditor of
Hennepin County and obtain a certificate that the Bonds have been duly entered
upon the Auditor's bond register as required by law.
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Section 9. Authentication of Transcriyt. The officers of the Issuer and
County Auditor of Hennepin County are hereby authorized and directed to prepare
and furnish to the Purchaser and to Dorsey & Whitney, Bond Counsel, certified
copies of all proceedings and records relating to the Bonds and such other affidavits,
certificates and information as may be required to show the facts relating to the
legality and marketability of the Bonds, as the same appear from the books and
records in their custody and control or as otherwise known to them, and all such
certified copies, affidavits and certificates, including any heretofore furnished, shall
be deemed representations of the Issuer as to the correctness of all statements
contained therein.
Section 10. Tax Covenant. The Issuer covenants and agrees with the
holders from time to time of the Bonds that it will not take or permit to be taken by
any of its officers, employees or agents any action which would cause the interest on
the Bonds to become subject to taxation under the Internal Revenue Code of 1986, as
amended (the Code), and the Treasury Regulations promulgated thereunder (the
Regulations), and covenants to take any and all actions within its powers to ensure
that the interest on the Bonds will not become subject to taxation under the Code
and the Regulations. The Issuer will cause to be filed with the Secretary of Treasury
an information reporting statement in the form and at the time prescribed by the
Code. The improvements financed by the Prior Bonds are and will be owned and
maintained by the Issuer and available for use by members of the general public on a
substantially equal basis. The Issuer has not and shall not enter into any lease, use
or other agreement with any nongovernmental person relating to the use of such
improvements or security for the payment of the Bonds which might cause the
Bonds to be considered "private activity bonds" or "private loan bonds" within the
meaning of Section 141 of the Code.
The Mayor and Manager, being the officers of the Issuer charged with the
responsi:lity for issuing the Bonds pursuant to this resolution, are authorized and
directed to execute and deliver to the Purchaser a certificate in accordance with the
provisions of Section 148 of the Code, and Sections 1.103 -13, 1.103 -14 and 1.103 -15 of
the Regulations, stating the facts, estimates and circumstances in existence on the
date of issue and delivery of the Bonds which make it reasonable to expect that the
proceeds of the Bonds will not be used in a manner that would cause the Bonds to
be arbitrage bonds within the meaning of the Code and Regulations.
Section 11. Arbitrate Rebate. The Issuer acknowledges that the Bonds are
subject to the rebate requirements of Section 148(f) of the Code. The Issuer
covenants and agrees to retain such records, make such determinations, file such
reports and documents and pay such amounts at such times as are required under
said Section 148(f) and applicable Treasury Regulations to preserve the exclusion of
interest on the Bonds from gross income for federal income tax purposes. In
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furtherance of the foregoing, the Finance Director is-hereby authorized and directed
to execute a Rebate Certificate setting forth the undertakings of the Issuer to comply
with the foregoing requirements, and the Issuer hereby covenants and agrees to
observe and perform the covenants and agreements contained therein, unless
amended or terminated in accordance with the provisions thereof.
Section 12. No Designation of Oualified Tax - Exempt Obligations. The
Bonds shall not be designated as "qualified tax- exempt obligations" for purposes of
Section 265(b)(3) of the Code.
Section 13. Severability. If any section, paragraph or provision of this
resolution shall be held to be invalid or unenforceable for any reason, the invalidity
or unenforceability of such section, paragraph or provision shall not affect any of the
remaining provisions of this resolution.
Section 14. Headings. Headings in this resolution are included for
convenience of reference only and are not a part hereof, and shall not limit or
define the meaning of any provision hereof.
Section 15. Official Statement. The Official Statement relating to the
Bonds, dated September 21, 1992, prepared and delivered on behalf of the Issuer by
Springsted Incorporated, is hereby approved, and the officers of the Issuer are hereby
authorized and directed to execute such certificates as may be appropriate concerning
the accuracy, completeness and sufficiency thereof. Springsted Incorporated, is
hereby authorized on behalf of the Issuer to prepare and distribute to the Purchaser
and a supplement to the Official Statement listing the offering price, the interest
rates, selling compensation, delivery date, the underwriters and such other
information relating to the Bonds required to be included in the Official Statement
by Rule 15c2 -12 adopted by the Securities and Exchange Commission under the
Securities Exchange Act of 1934. Within seven business days from the date hereof,
the Issuer shall deliver to the Purchaser 180 copies of the Official Statement and
such supplement. The officers of the City are hereby authorized and directed to
execute such notes as may be appropriate concerning the accuracy, completeness and
sufficiency of the Official Statement.
Section 16. Redemption of Refunded Bonds. The Issuer hereby calls the
1985 Refunded Bonds for redemption and prepayment on the 1985 Bonds Crossover
Date and calls the 1988 Refunded Bonds for redemption and prepayment on the 1988
and 1989 Bonds Crossover Date. The Finance Director shall cause notice of the
redemption of the 1985 Refunded Bonds, 1988 Refunded Bonds and 1989 Refunded
Bonds to be given in the manner required by the resolution authorizing the
respective Bonds.
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Adopted this 5th day of October, 1992.
/s/ Frederick S. Richards
Mayor
Attest: /s/ Marcella M. Daehn
Clerk
The motion for the adoption of the foregoing resolution was duly
seconded by Councilmember Paulus and upon vote being taken thereon, the
following voted in favor thereof: Mayor Richards, Councilmembers Kelly, Paulus
and Rice
and the following voted against the same: None
whereupon the resolution was declared duly passed and adopted.
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EXHIBIT A
[FORM OF GLOBAL CERTIFICATE]
UNITED STATES OF AMERICA
STATE OF MINNESOTA
COUNTY OF HENNEPIN
R _ $
GENERAL OBLIGATION RECREATIONAL FACILITY REFUNDING
BOND, SERIES 1992C
INTEREST MATURITY DATE OF
RATE DATE ORIGINAL ISSUE CUSIP
November 1, 1992
REGISTERED OWNER:
PRINCIPAL AMOUNT:
THE CITY OF EDINA, County of Hennepin, State of Minnesota (the
"Issuer "), certifies that it is indebted and for value received promises to pay to the
registered owner specified above or on the certificate of registration attached hereto,
or registered assigns, in the manner hereinafter set forth, the principal amount
specified above, on the maturity date specified above unless called for earlier
redemption, and to pay interest thereon semiannually on January 1 and July 1 of
each year (each, an "Interest Payment Date "), commencing July 1, 1993, at the rate
per annum specified above (calculated on the basis of a 360 -day year of twelve 30-day
months) until the principal sum is paid or has been provided for. This Bond will
bear interest from the most recent Interest Payment Date to which interest has been
paid or, if no interest has been paid, from the date of original issue hereof. The
principal of and premium, if any, on this Bond are payable by wire transfer (or other
agreed means of payment), in next day funds or its equivalent, on each payment
date no later than 12:00 noon (Chicago, Illinois time) upon presentation and
surrender hereof at the office of the Finance Director, City of Edina, in Edina,
Minnesota (the 'Bond Registrar "), acting as paying agent, or any successor paying
agent duly appointed by the Issuer; provided, however, that upon a partial
redemption of this Bond which results in the stated amount hereof being reduced,
the Holder may in its discretion be paid without presentation of this Bond, and may
make a notation on the panel provided herein of such redemption, stating the
amount so redeemed, or may return the Bond to the Bond Registrar in exchange for
a new Bond in the proper principal amount. Such notation, if made by the Holder,
A -1
shall be for reference only, and may not be relied upon by any other person as being
in any way determinative of the principal amount of this Bond outstanding, unless'
the Bond Registrar has signed the appropriate column of the panel. Interest on this
Bond will be paid on each Interest Payment Date (by 12:00 noon, Chicago, Illinois
time) by wire transfer (or other agreed means of payment) in next day funds or its
equivalent to the person in whose name this Bond is registered (the "Holder" or
"Bondholder ") on the registration books of the Issuer maintained by the Bond
Registrar and at the address appearing thereon at the close of business on the
fifteenth calendar day preceding such Interest Payment Date (the "Regular Record
Date "). Any interest not so timely paid shall cease to be payable to the person who is
the Holder hereof as of the Regular Record Date, and shall be payable to the person
who is the Holder hereof at the close of business on a date (the "Special Record
Date ") fixed by the Bond Registrar whenever money becomes available for payment
of the defaulted interest. Notice of the Special Record Date shall be given to
Bondholders not less than ten (10)days prior to the Special Record Date. The
principal of and premium, if any, and interest on this Bond are payable in lawful
money of the United States of America.
This Bond, shall not be valid or become obligatory for any purpose or be
entitled to any security unless the Certificate of Authentication hereon shall have
been executed by the Bond Registrar.
Date of Payment Not Business Day. If the date for payment of the
principal of, premium, if any, or interest on this Bond shall be a Saturday, Sunday,
legal holiday or a day on which banking institutions in the City of New York, New
York, or the city where the principal office of the Bond Registrar is located are
authorized by law or executive order to close, then the date for such payment shall
be the next succeeding day which is not a Saturday, Sunday, legal holiday or a day on
which such banking institutions are authorized to close, and payment on such date
shall ' have the same force and effect as if made on the nominal date of payment.
Redem tp ion. All Bonds maturing on or after January 1, 2003, are subject
to redemption and prepayment at the option of the Issuer on January 1, 2002, and on
any date thereafter, at a price of par plus accrued interest.
Redemption may be in whole or in part of the Bonds subject to
prepayment. If redemption is in part, the City shall determine the order of
redemption of Bonds; and if only part of the Bonds having a common maturity date
are called for prepayment, Bonds shall be prepaid in $5,000 increments of principal.
.Bonds or portions thereof called for redemption shall be due and payable on the
designated, redemption date, and interest thereon shall cease to accrue from and
after the redemption date.
A -2
Notice of Redemption. Published notice of redemption shall in each case
be given in accordance with law, and mailed notice of redemption shall be given to
the paying agent (if other than an officer of the Issuer) and to each affected Holder of
the Bonds. For this purpose, the Depository (hereafter identified, or any successor
thereto) shall be the "Holder" as to Bonds registered in the name of the Depository
or its nominee. In the event any of the Bonds are called for redemption, written
notice thereof will be given by first class mail mailed not less than thirty (30) days
prior to the redemption date to each Holder of Bonds to be redeemed. In connection
with any such notice, the "CUSIP" numbers assigned to the Bonds shall be used.
Replacement or Notation of Bonds after Partial Redemption. Upon a
partial redemption of this Bond which results in the stated amount hereof being
reduced, the Holder may in its discretion make a notation on the panel provided
herein of such redemption, stating the amount so redeemed. Such notation, if
made by the Holder, shall be for reference only, and may not be relied upon by any
other person as being in any way determinative of the principal amount of the Bond
outstanding, unless the Bond Registrar has signed the appropriate column of the
panel. Otherwise, the Holder may surrender this Bond to the Bond Registrar (with,
if the Issuer or Bond Registrar so requires, a written instrument of transfer in form
satisfactory to the Issuer and Bond Registrar duly executed by the Holder thereof or
the Holder's attorney duly authorized in writing) and the Issuer shall execute (if
necessary) and the Bond Registrar shall authenticate and deliver to the Holder of.
such Bond, without service charge, a new Bond of the same series having the same
stated maturity and interest rate and of the authorized denomination in aggregate
principal amount equal to and in exchange for the unredeemed portion of the
principal of the Bond so surrendered.
Issuance; Purpose. This Bond is one of an issue in the total principal
amount of $4,650,000, all of like date of original issue and tenor, except as to number,
maturity, interest rate, redemption privilege and denomination, which Bond has
been issued pursuant to and in full conformity with the Constitution and laws of
the State of Minnesota, including Minnesota Laws 1961, Chapter 655, and Minnesota
Statutes, Chapter 475, and pursuant to a resolution adopted by the City Council on
October 5, 1992 (the "Resolution "), to finance improvements to the Issuer's
recreational facilities. This Bond is payable primarily from the net revenues of the
golf courses, ice arena, and liquor stores of the Issuer pledged to the payment of the
Bonds by the Resolution, but the Issuer is required by law to pay maturing 265(b)(3)
of the Internal Revenue Code of 1986, as amended.
IT IS HEREBY CERTIFIED AND RECITED that all acts, conditions and
things required by the Constitution and laws of the State of Minnesota to be done, to
happen and to be performed, precedent to and in the issuance of this Bond, in order
to make it a valid and binding general obligation of the Issuer according to its terms,
have been done, have happened and have been performed, in regular and due
A -3
form, time and manner as required by law; that in and by the Resolution, the Issuer
has pledged and appropriated so much of the net revenues to be derived from the
operation of the Issuer's golf courses, ice arena, and liquor stores as shall be required
to pay the principal hereof and interest hereon when due, but. the full faith
andedions in equal aggregate principal amounts at the principal office of the Bond
Registrar, but only in the manner and subject to the limitations provided in the
Resolution. Reference is hereby made to the Resolution for a description of the
rights and duties of the Bond Registrar. Copies of the Resolution are on file in the
principal office of the Bond Registrar.
Replacement Bonds. Replacement Bonds may be issued by the Issuer:
(a) If Midwest Securities Trust Company (the "Depository ") shall resign
or discontinue its services for the Bonds, and only if the Issuer is unable to
locate a' substitute depository within two (2) months following the resignation
or discontinuance, or
(b) upon a determination by the Issuer in its sole discretion that (1) the
continuation of the book -entry system described in the Resolution might
adversely affect the interests of the beneficial owners of the Bonds, or (2) that it
is in the best interest of the beneficial owners of the Bonds that they obtain
certificated Bonds.
Transfer. This Bond shall be registered in the name of the payee on the
books of the Issuer by presenting this Bond for registration to the Bond Registrar,
who will endorse his, her or its name and note the date of registration opposite the
name of the payee in the certificate of registration attached hereto. Thereafter this
Bond may be transferred by delivery with an assignment duly executed by the
Holder or the Holder's legal representatives, and the Issuer and Bond Registrar may
treat the Holder as the person exclusively entitled to exercise all the rights and
powers of an owner until this Bond is presented with such assignment for
registration of transfer, accompanied by assurance of the nature provided by law that
the assignment is genuine and effective, and until such transfer is registered on said
books and noted hereon by the Bond Registrar, all subject to the terms and
conditions provided in the Resolution and to reasonable regulations of the Issuer
contained in any agreement with, or notice to, the Bond Registrar.
Fees u12on Transfer or Loss. The Bond Registrar may require payment of a
sum sufficient to cover any tax or other governmental charge payable in connection
with the transfer or exchange of this Bond and any legal or unusual costs regarding
transfers and lost Bonds.
Treatment of Registered Owner. The Issuer and Bond Registrar may treat the
person in whose name this Bond is registered as the owner hereof for the purpose of
receiving payment as herein provided and for all other purposes, whether or not
A -4
this Bond shall be overdue, and neither the Issuer nor the Bond Registrar shall be
affected by notice to the contrary.
Authentication. This Bond shall not be valid or become obligatory for
any purpose or be entitled to any security unless the Certificate of Authentication
hereon shall have been executed by the Bond Registrar.
Not Qualified Tax - Exempt Obligations. The Bonds have not been
designated by the Issuer as "qualified tax - exempt obligations" for purposes of
Section 265(b)(3) of the Internal Revenue Code of 1986, as amended.
IT IS HEREBY CERTIFIED AND RECITED that all acts, conditions and
things required by the Constitution and laws of the State of Minnesota to be done, to
happen and to be performed, precedent to and in the issuance of this Bond, in order
to make it a valid and binding general obligation of the Issuer according to its terms,
have been done, have happened and have been performed, in regular and due
form, time and manner as required by law; that in and by the Resolution, the Issuer
has pledged and appropriated so much of the net revenues to be derived from the
operation of the Issuer's golf courses, ice arena, and liquor stores as shall be required
to pay the principal hereof and interest hereon when due, but the full faith and
credit and taxing powers of the Issuer have been pledged to the payment of such
principal and interest when due, and ad valorem taxes, if necessary for such
purpose, will be levied upon all taxable property in the Issuer, without limitation as
to rate or amount, and that the issuance of this Bond does not cause the
indebtedness of the Issuer to exceed any constitutional or statutory limitation of
indebtedness.
IN WITNESS WHEREOF, the City of Edina, Minnesota, by its City
Council has caused this Bond to be executed on its behalf by the signatures of the
Mayor and City Manager and has caused this Bond to be dated as of the date set forth
below.
Date of Registration:
A -5
CITY OF EDINA, MINNESOTA
Mayor
City Manager
BOND REGISTRAR'S CERTIFICATE OF AUTHENTICATION
This Bond is one of the Bonds described in the Resolution mentioned
within.
FINANCE DIRECTOR,
CITY OF EDINA, MINNESOTA
Bond Registrar
By
A -6
CERTIFICATE OF REGISTRATION
The transfer of ownership of the principal amount of the attached Bond may be
made only by the registered owner or the owner's legal representative last noted
below.
DATE OF SIGNATURE OF
REGISTRATION REGISTERED OWNER BOND REGISTRAR
A -7
REGISTER OF PARTIAL PAYMENTS
The principal amount of the attached Bond has been prepaid on the dates and in the
amounts noted below:
Signature of Signature of
Date Amount Bondholder Bond Registrar
If a notation is made on this register, such notation has the effect stated in the
attached Bond. Partial payments do not require the presentation of the attached
Bond to the Bond Registrar, and a Holder could fail to note the partial payment here.
M
ABBREVIATIONS
The following abbreviations, when used in the inscription on the face of
this Bond, shall be construed as though they were written out in full according to
applicable laws or regulations:
TEN COM - as tenants in common
TEN ENT - as tenants by the entireties
JT TEN - as joint tenants with right of survivorship
and not as tenants in common
UTMA - as custodian for
under the
(Cust)
(State)
(Minor)
Uniform Transfers to Minors Act
Additional abbreviations may also be used though not in the above list.
ASSIGNMENT
For value received, the undersigned hereby sells, assigns and transfers
unto the within Bond and does
hereby irrevocably constitute and appoint
attorney to transfer the Bond on the books kept for the registration thereof, with full
power of substitution in the premises.
Dated:
Signature Guaranteed:
Please insert social security or other
identifying number of assignee:
Notice: The assignor's signature to this
assignment must correspond with the name
as it appears upon the face of the within Bond
in every particular, without alteration or any
change whatever. Signature(s) must be
guaranteed by a national bank or trust
company or by a brokerage firm having a
membership in one of the major stock
exchanges.
A -10
R-
Ii.i�: r
[Form of Non - Global Bond)
UNITED STATES OF AMERICA
STATE OF MINNESOTA
COUNTY OF HENNEPIN
CITY OF EDINA
GENERAL OBLIGATION RECREATIONAL FACILITY REFUNDING
BOND, SERIES 1992C
INTEREST MATURITY DATE OF
RATE DATE ORIGINAL ISSUE CUSIP
November 1, 1992
REGISTERED OWNER:
PRINCIPAL AMOUNT:
THE CITY OF EDINA, County of Hennepin, State of Minnesota (the
"Issuer "), certifies that it is indebted and for value received promises to pay to the
registered owner specified above or registered assigns, in the manner hereinafter set
forth, the principal amount specified above, on the maturity date specified above,
unless called for earlier redemption, and to pay interest thereon semiannually on
January 1 and July 1 of each year (each, an "Interest Payment Date "), commencing
July 1, 1993, at the rate per annum specified above (calculated on the basis of a
360 -day year of twelve 30 -day months) until the principal sum is paid or has been
provided for. This Bond will bear interest from the most recent Interest Payment
Date to which interest has been paid or, if no interest has been paid, from the date of
original issue hereof. The principal of and premium, if any, on this Bond are
payable upon presentation and surrender hereof at the office of the Finance Director,
City of Edina, in Edina, Minnesota (the 'Bond Registrar "), acting as paying agent, or
any successor paying agent duly appointed by the Issuer. Interest on this Bond will
be paid on each Interest Payment Date by check or draft mailed to the person in
whose name this Bond is registered (the "Holder" or "Bondholder ") on the
registration books of the Issuer maintained by the Bond Registrar and at the address
appearing thereon at the close of business on the fifteenth calendar day preceding
such Interest Payment Date (the 'Regular Record Date "). Any interest not so timely
paid shall cease to be payable to the person who is the Holder hereof as of the
B -1
Regular Record Date, and shall be payable to the person who is the Holder hereof at
the close of business on a date (the Special Record Date ") fixed by the Bond Registrar
whenever money becomes available for payment of the defaulted interest. Notice of
the Special Record Date shall be given to Bondholders not less than ten (10) days
prior to.the Special Record Date.. The principal of and premium, if any, and interest
on this Bond are payable in lawful money of the United States of America.
REFERENCE IS HEREBY MADE TO THE FURTHER PROVISIONS OF
THIS BOND SET FORTH ON THE REVERSE HEREOF, WHICH PROVISIONS
SHALL FOR ALL PURPOSES HAVE THE SAME EFFECT AS IF SET FORTH HERE.
IT IS HEREBY CERTIFIED AND RECITED that all acts, conditions and
things required by the Constitution and laws of the State of Minnesota to be done, tc
happen and to be performed, precedent to and in the issuance of this Bond, in order
to make it a valid and binding general obligation of the Issuer according to its terms,
have been done, have happened and have been performed, in regular and due
form, time and. manner as required by law; that in and by the Resolution, the Issuer
has pledged and appropriated so much of the net revenues to be derived from the
operation of the Issuer's golf courses, ice arena, and liquor stores as shall be required
to pay the principal hereof and interest hereon when due, but the full faith and
credit and taxing powers of the Issuer have been pledged to the payment of such
principal and interest when due, and ad valorem taxes, if necessary for such
purpose, will be levied upon all taxable property in the Issuer, without limitation as
to rate or amount; and that the, issuance of this Bond does not cause the
indebtedness of the Issuer to exceed any constitutional or statutory limitation of
indebtedness.
IN WITNESS WHEREOF, the City of Edina, Minnesota, by its City
Council has caused this Bond to be executed on its behalf by the facsimile signatures
of the Mayor and City Manager and has caused this Bond to be dated as of the date
set forth below.
Date of Registration:
B -2
CITY OF EDINA, MINNESOTA
Mayor
City Manager
within.
BOND REGISTRAR'S CERTIFICATE OF AUTHENTICATION
This Bond is one of the Bonds described in the Resolution mentioned
FINANCE DIRECTOR,
CITY OF EDINA, MINNESOTA
Bond Registrar
By
(ON REVERSE OF BOND)
Date of Payment Not Business Day. If the date for payment of the
principal of, premium, if any, or interest on this Bond shall be a Saturday, Sunday,
legal holiday or a day on which banking institutions in the City of New York, New
York, or the city where the principal office of the Bond Registrar is located are
authorized by law or executive order to close, then the date for such payment shall
be the next succeeding day which is not a Saturday, Sunday, legal holiday or a day on
which such banking institutions are authorized to close, and payment on such date
shall have the same force and effect as if made on the nominal date of payment.
Redemption. All Bonds maturing on or after January 1, 2003, are subject
to redemption and prepayment at the option of the Issuer on January 1, 2002, and on
any date thereafter, at a price of par plus accrued interest.
Redemption may be in whole or in part of the Bonds subject to
prepayment. If redemption is in part, the City shall determine the order of
redemption of Bonds; and if only part of the Bonds having a common maturity date
are called for prepayment, the specific Bonds to be prepaid shall be chosen by lot by
the Bond Registrar. Bonds or portions thereof called for redemption shall be due
and payable on the redemption date, and interest thereon shall cease to accrue from
and after the redemption date.
Notice of Redemption.. Published notice of redemption shall in each case
be given in accordance with law, and mailed notice of redemption shall be given to
the paying agent (if other than an officer of the Issuer) and to each affected Holder of
the Bonds. In the event any of the Bonds are called for redemption, written notice
thereof will be given by first class mail mailed not less than thirty (30) days prior to
the redemption date to each Holder of Bonds to be redeemed. In connection with
any such notice, the "CUSIP" numbers assigned to the Bonds shall be used.
B -3
Selection of Bonds for Redemption. To effect a partial redemption of
Bonds having a common maturity date, the Bond Registrar shall assign to each
Bond having a common maturity date a distinctive number for each $5,000 of the
principal amount of such Bond. The Bond Registrar shall then select by lot, using
such method of selection as it shall deem proper in its discretion, from the numbers
assigned to the Bonds, as many numbers as, at $5,000 for each number, shall equal
the principal amount of such Bonds to be redeemed. The Bonds to be redeemed
shall be the Bonds to_ which were assigned numbers so selected; provided, however,
that only so much of the principal amount of such Bond of a denomination of more
than $5,000 shall be redeemed as shall equal $5,000 for each number assigned to it
and so selected. If a Bond is to be redeemed only in part, it shall be surrendered to
the Bond Registrar (with, if the Issuer or Bond Registrar so requires, a written
instrument of transfer in form satisfactory to the Issuer and Bond Registrar duly
executed by the Holder thereof or the Holder's attorney duly authorized in writing)
and the Issuer shall execute (if necessary) and the Bond Registrar shall authenticate
and deliver to the Holder of such Bond, without service charge, a new Bond or
Bonds of the same series having the same stated maturity and interest rate and of
any authorized denomination or denominations, as requested by such Holder, in
aggregate principal amount equal to and in exchange for the unredeemed portion of
the principal of the Bond so surrendered.
Issuance; Purpose. This Bond is one of an issue in the total principal
amount of $4,650,000, all of like date of original issue and tenor, except as to number,
maturity, interest rate, redemption privilege and denomination, which Bond has
been issued pursuant to and in full conformity with the Constitution and laws of
the State of Minnesota, including Minnesota Laws 1961, Chapter 655, and Minnesota
Statutes, Chapter 475, and pursuant to a resolution adopted by the City Council on
October 5, 1992 (the "Resolution "), to refund certain outstanding general obligation
bonds of the Issuer previously issued to finance improvements to the Issuer's
recreational facilities. This Bond is payable primarily from the net revenues of the
golf courses, ice arena, and liquor stores of the Issuer pledged to the payment of the
Bonds by the Resolution, but the Issuer is required by law to pay maturing principal
hereof out of any funds in the treasury if net revenues are insufficient therefor.
Denominations; Exchange; Resolution. The Bonds are issuable solely as
fully registered bonds in the denominations of $5,000 and integral multiples thereof
of a single maturity and are exchangeable for fully registered Bonds of other
authorized denominations in equal aggregate principal amounts at the principal
office of the Bond Registrar, but only in the manner and subject to the limitations
provided in the Resolution. Reference is hereby made to the Resolution for a
description of the rights and duties of the Bond Registrar. Copies of the Resolution
are on file in the principal office of the Bond Registrar.
B -4
Transfer. This Bond is transferable by the Holder in person or by the
Holder's attorney duly authorized in writing at the principal office of the Bond
Registrar upon presentation and surrender hereof to the Bond Registrar, all subject
to the terms and conditions provided in the Resolution and to reasonable
regulations of the Issuer contained in any agreement with the Bond Registrar.
Thereupon the Issuer shall execute and the Bond Registrar shall authenticate and
deliver, in exchange for this Bond, one or more new fully registered Bonds in the
name of the transferee (but not registered in blank or to "bearer" or similar
designation), of an authorized denomination or denominations, in aggregate
principal amount equal to the principal amount of this Bond, of the same maturity
and bearing interest at the same rate.
Fees upon Transfer or Loss. The Bond Registrar may require payment of a
sum sufficient to cover any tax or other governmental charge payable in connection
with the transfer or exchange of this Bond and any legal or unusual costs regarding
transfers and lost Bonds.
Treatment of Registered Owner. The Issuer and Bond Registrar may treat
the person in whose name this Bond is registered as the owner hereof for the
purpose of receiving payment as herein provided and for all other purposes,
whether or not this Bond shall be overdue, and neither the Issuer nor the Bond
Registrar shall be affected by notice to the contrary.
Authentication. This Bond shall not be valid or become obligatory for
any purpose or be entitled to any security unless the Certificate of Authentication .
hereon shall have been executed by the Bond Registrar.
Not Qualified Tax - Exempt Obligations. The Bonds have not been
designated by the Issuer as "qualified tax - exempt obligations" for purposes of
Section 265(b)(3) of the Internal Revenue Code of 1986, as amended.
M
ABBREVIATIONS-
The following abbreviations, when used in the inscription on the face of
this Bond, shall be construed as though they were written out in full according to
applicable laws or regulations:
TEN COM - as tenants in common
TEN ENT - as tenants by the entireties
JT TEN - as joint tenants with right of survivorship
and not as tenants in common
UTTMA - as custodian for
(Cust) (Minor)
under the Uniform Transfers to Minors Act
(State)
Additional abbreviations may also be used though not in the above list.
ASSIGNMENT
For value received, the undersigned hereby sells, assigns and transfers
unto the within Bond and does
hereby irrevocably constitute and appoint _
attorney to transfer the Bond on the books
power of substitution in the premises.
Dated:
Signature Guaranteed:
Please insert social security or other
identifying number of assignee:
kept for the registration thereof, with full
Notice: The assignor's signature to this
assignment must correspond with the name
as it appears upon the face of the within Bond
in every particular, without alteration or any
change whatever. Signature(s) must be
guaranteed by a national bank or trust
company or by a brokerage firm having a
membership in one of the major stock
exchanges.
BID AWARD
ED FOR $1,925-000 C.O. UTXI.= RIVEM BEFOPDIPG 3014128. SEBIES 1992D
It was reported that 2 sealed bids for the -bonds had been received at the
time and place designated in the Terms of Proposal approved by resolution of the
Council at the meeting held on September 8, 1992, and included in the Official
Statement circulated by the City's financial advisor on behalf of the City. The bids
received were as follows:
:..M
FBS INVESTMENT SERVICES, INC.
DAIN BOSWORTH INCORPORATED
MERRILL LYNCH & CO.
NORWEST INVESTMENT SERVICES,
INCORPORATED
PIPER JAFFRAY, INC.
SMITH BARNEY, HARRIS UPHAM &
COMPANY INCORPORATED
AND ASSOCIATES
- In Association With -
HARRIS TRUST AND SAVINGS BANK
KIDDER, PEABODY & COMPANY,
INCORPORATED
KEMPER SECURITIES, INC.
CLAYTON BROWN & ASSOCIATES,
INCORPORATED
GRIFFIN, KUBIK, STEPHENS &
THOMPSON, INC
William Blair & Company
Interest Net Interest True Interest-
. Rates Price Cost Rabe
3.80%1995
4.00901996
4.40%1997
4.70%1998
4.90%1999
4.00%1995
4.30%1996
4.60%1997
4.80%1998
5.00%1999
$1,915,375.00 $387,477.50
$1,914,02750 $402,025.00
4.6329%
4.8106%
adoption:
Member Rice then introduced the following resolution and moved its
RESOLUTION RELATING TO $1,925,000 GENERAL
OBLIGATION UTILITY REVENUE REFUNDING BONDS,
SERIES 1992D; AWARDING THE SALE, FIXING THE FORM
AND DETAILS, PROVIDING FOR THE EXECUTION THEREOF
AND THE SECURITY THEREFOR
BE IT RESOLVED by the City Council of the City of Edina, Minnesota
(the Issuer), as follows:
Section 1. Authorization and Sale.
1.01. Authorization. The Issuer has presently outstanding its General
Obligation Utility Revenue Bonds, Series 1988, initially dated as of October 1, 1988 (the
"Prior Bonds "). This Council, by a resolution adopted on September 8, 1992, authorized
the sale of $1,925,000 General Obligation Utility Revenue Refunding Bonds, Series
1992D (the Bonds), of the Issuer, the proceeds of which would be used, together with
any additional funds of the Issuer which might be required, to refund in advance of
maturity the Prior Bonds maturing in the years 1995 through 1999 which aggregate
$1,865,000 in principal amount (the Refunded Bonds). Said refunding constitutes a
"crossover refunding" as defined in Minnesota Statutes, Section 475.17, subd. 13. The
Prior Bonds were issued to finance a portion of the costs of constructing improvements
to the City's municipal water, sanitary sewer and storm sewer utility (the Utility).
1.02. Sale of Bonds. The Issuer has retained Springsted Incorporated, as
independent financial advisors in connection with the sale of the Bonds.. Pursuant to
Minnesota Statutes, Section 475.60, subdivision 2, paragraph (9), the requirements as to
public sale do not apply to the issuance of the Bonds. Bids have been received in
accordance with the Terms of Proposal approved by the resolution adopted by this
Council on September 8, 1992 authorizing the sale of the Bonds, and the Council has
publicly considered all sealed bids presented in conformity with the Terms of Proposal.
The most favorable of such bids is ascertained to be that of FBS Investment Services,
Inc. and associates, of Minneapolis, Minnesota (the Purchaser), to purchase the Bonds at
a price of $1,915,375 plus accrued interest on all Bonds to the day of delivery and
payment, on the further terms and conditions hereinafter set forth.
1.03 Award of Bonds. The sale of the Bonds is hereby awarded to the
Purchaser and the Mayor and Manager are hereby authorized and directed on behalf of
the Issuer to execute a contract for the sale of the Bonds in accordance with the terms of
the bid. The good faith deposit of the Purchaser shall be retained and deposited by the
Issuer until the Bonds have been delivered and shall be deducted from the purchase
price paid at settlement. The good faith checks of other bidders shall be returned to
them forthwith.
1.04. Savings. It is hereby determined that by issuance of the Bonds the
Issuer will realize a substantial interest rate reduction, a gross savings of approximately
$64,942.32 and a present value savings (using the yield on the Bonds, computed in
accordance with Section 148 of the Internal Revenue Code of 1986, as amended, as the
discount factor) of approximately $55,889.86.
1.05. Issuance of Bonds. All acts, conditions and things which are
required by the Constitution and laws of the State of Minnesota to be done, to exist, to
happen and to be performed precedent to and in the valid issuance of the Bonds having
been done, existing, having happened and having been performed, it is now necessary
for the Council to establish the form and terms of the Bonds, to provide security
therefor and to issue the Bonds forthwith.
Section 2. Bond Terms; Registration; Execution and Delivery.
2.01. Issuance of Bonds. The Bonds shall be originally dated
November 1, 1992, as the date of original issue and shall be issued forthwith on or after
such date using a Global Book Entry System. One Global Certificate representing the
aggregate principal amount of the Bonds maturing in each year (the Global Certificates)
will be issued and fully registered as to principal and interest in the name of Kray & Co.
as nominee of the Midwest Securities Trust Company (the Depository), a Securities and
Exchange Commission registered depository, an Illinois trust company, a member of
the Federal Reserve System and a "clearing corporation" within the meaning of the
Illinois Uniform Commercial Code.
2.02. Maturities; Interest Rates; Denominations and Payment. The
Bonds shall be in the denomination of $5,000 each, or any integral multiple thereof, of
single maturities, shall mature, without option of prior payment, on February 1 in the
years and amounts stated below, and shall bear interest from date of issue until paid at
the respective annual rates set forth opposite such years and amounts, as follows:
Year
Amount
Rate
1995
$345,000
3.80%
1996
370,000
4.00
1997
390,000
4.40
1998
400,000
4.70
1999
420,000
4.90
For the purpose of complying with the provisions of Minnesota Statutes, Section
475.54, subdivision 7, the maturities of the Bonds shall be combined with the non -
refunded maturities of the Prior Bonds.
m
2.03. Dates and Interest Payment Dates. The Bonds shall bear interest
payable on February 1 and August 1 of each year (an Interest Payment Date),
commencing August 1, 1993, calculated on the basis of a 360 day year of twelve 30 day
months. Interest on any Global Certificate shall be paid as provided in the first
paragraph thereof, and interest on any Non - Global Bond shall be paid on each Interest
Payment Date by check or draft mailed to the person in whose name the Bond is
registered (the Holder) on the registration books of the Issuer maintained by the Bond
Registrar, and in each case at the address appearing thereon at the close of business on
the fifteenth (15th) calendar day preceding such Interest Payment Date (the Regular
Record Date). Any such interest not so timely paid shall cease to be payable to the
person who is the Holder thereof as of the Regular Record Date, and shall be payable to
the person who is the Holder thereof at the close of business on a date (the Special
Record Date) fixed by the Bond Registrar whenever money becomes available for
payment of the defaulted interest. Notice of .the Special Record Date shall be given by
the Bond Registrar to the Holders not less than ten (10) days prior to the Special Record
Date.
2:04. Form of Bond. The Bonds shall be in the form of Global Certificates
unless and until Replacement Bonds are made available as provided in Section 2.14,
and otherwise shall be in the form of Non - Global Bonds. The form of Bonds shall be
substantially as set forth in Exhibit A for the Global Certificates or as set forth in Exhibit
B for the Non - Global. Bonds, -but may contain such additional or different terms and
provisions as to the form and time of payment, record date, notices and other matters
as are consistent with a Supplemental Resolution.
2.05. Redemption. The Bonds shall not be subject to redemption prior to
maturity.
2.06. Bond Registrar. The Finance Director of the Issuer is appointed to
act as bond registrar and transfer agent with respect to the Bonds (the Bond Registrar),
and shall so act for all Bonds unless and until a successor Bond Registrar is duly
appointed. A successor Bond Registrar shall be an officer of the Issuer, or a bank or
trust company eligible for designation as bond registrar pursuant to Minnesota Statutes,
Chapter 475. The Bond Registrar shall also serve as paying agent unless and until a
successor paying agent is duly appointed. Principal and interest on the Bonds shall be
paid to the Holders of the Bonds in the manner set forth in the forms of Bond and
Section 3.
2.07. Execution and Delivery. The Bonds shall be executed on behalf of
the Issuer by the signatures of its Mayor and Manager, each with the effect noted on the
forms of the Bonds; provided that any of such signatures may be printed or
photocopied facsimiles. In the event of disability or resignation or other absence of any
such officer, the Bonds may be signed by the manual or facsimile signature of that
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officer who may act on behalf of such absent or disabled officer. In case any such officer
whose signature or facsimile of whose signature shall appear on the Bonds shall cease
to be such officer before the delivery of the Bonds, such signature or facsimile shall
nevertheless be valid and sufficient for all purposes, the same as if the officer had
remained in office until delivery.
The Bonds when so prepared and executed shall be delivered by the
Finance Director to the Purchaser upon receipt of the purchase price, and the Purchaser
shall not be obliged to see to the proper application thereof.
2.08. Authentication; Date of Registration. No Bond shall be valid or
obligatory for any purpose or be entitled to any security or benefit under this resolution
unless a Certificate of Authentication on such Bond, substantially in the form set forth
on the form of Bond, shall have been duly executed by the Bond Registrar. The Bond
Registrar shall authenticate the signatures of officers of the Issuer on each Bond by
execution of the Certificate of Authentication on the Bond and by inserting as the date
of registration in the space provided the date on which the Bond is authenticated. For,
purposes of delivering the original Bonds to the Purchaser, the Bond Registrar shall
insert as the date of registration the date of original issue. The Certificate of
Authentication so executed on each Bond shall be conclusive evidence that it has been
authenticated and delivered under this resolution.
2.09. Registration; Transfer; Exchange. The Issuer will cause to be kept at
the office of the Bond Registrar a bond register in which, subject to such reasonable
regulations as the Bond Registrar may prescribe, the Bond Registrar shall provide for
the registration of Bonds and the registration of transfers of Bonds entitled to be
registered or transferred as herein provided.
All Bonds surrendered upon any exchange or transfer provided for in this
Resolution shall be promptly cancelled by the Bond Registrar and thereafter disposed of
as directed by the Issuer.
All Bonds delivered in exchange for or upon transfer of Bonds shall be
valid general obligations of the Issuer evidencing the same debt, and entitled to the
same benefits under this Resolution, as the Bonds surrendered for such exchange or
transfer.
Every Bond presented or surrendered for transfer or exchange shall be
duly endorsed or be accompanied by a written instrument of transfer, in form
satisfactory to the Bond Registrar, duly executed by the Holder thereof or the Holder's
attorney duly authorized in writing.
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The Bond Registrar may require payment-of a sum sufficient to cover any
tax or other governmental charge payable in connection with the transfer or exchange
of any Bond and any legal or unusual costs regarding transfers and lost Bonds.
Transfers shall also be subject to reasonable regulations of the Issuer
contained in any agreement with, or notice to, the Bond Registrar, including
regulations which permit the Bond Registrar to close its transfer books between record
dates and payment dates.
2.10. Rights Upon Transfer or Exchange. Each Bond delivered upon
transfer of or in exchange for or in lieu of any other Bond shall carry all the rights to
interest accrued and unpaid, and to accrue, which were carried by such other Bond.
2.11. Holders; Treatment of Registered Owner; Consent of Holders.
(A) For the purposes of all actions, consents and other matters affecting,
Holders of Bonds issued under this Resolution, as from time to time supplemented,
other than payments, redemptions, and purchases, the Issuer may (but shall not be
obligated to) treat as the Holder of a Bond the beneficial owner of the Bond instead of
the person in whose name the Bond is registered. For that purpose, the Issuer may
ascertain the identity of the beneficial owner of the Bond by such means as the Bond
Registrar in its sole discretion deems appropriate, including but not limited to a
certificate from the Depository or other person in whose name the Bond is registered
identifying such beneficial owner.
(B) The Issuer and Bond Registrar may treat the person in whose name
any Bond is registered as the owner of such Bond for the purpose of receiving payment
of principal of and premium, if any, and interest on, such Bond and for all other
;:purposes whatsoever whether or not such Bond shall be overdue, and neither the
Issuer nor the Bond Registrar shall be affected by notice to the contrary.
(C) Any consent, request, direction, approval, objection or other
instrument required by this Resolution, as supplemented, to be signed and executed by
the Holders may be in any number of concurrent writings of similar tenor and must be
signed or executed by such Holders in person or by agent appointed in writing. Proof of
the execution of any such consent, request, direction, approval, objection or other
instrument or of the writing appointing any such agent and of the ownership of Bonds,
if made in the following manner, shall be sufficient for any of the purposes of this
Resolution as supplemented, and shall "be conclusive in favor of the Issuer with regard
to any action taken by it under such request or other instrument, namely:
(1) The fact and date of the execution by any person of any such writing
may be proved by the certificate of any officer in any jurisdiction who by law
has power to take acknowledgments within such jurisdiction that the person
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signing such writing acknowledged before him- the execution thereof, or by an
affidavit of any witness to such execution.
(2) Subject to the provisions of subsection (A) above, the fact of the
ownership by any person of Bonds and the amounts and numbers of such
Bonds, and the date of the holding of the same, may be proved by reference to
the Bond Register.
2.12. Desertion of the Global Certificates and Global, Book -Entry S, sy tem.
Upon their original issuance the Bonds will be issued in the form of a single Global
Certificate for each maturity, deposited with the Depository by the Purchaser and
immobilized as provided in Section 2.14. No beneficial owners of interests in the
Bonds will receive certificates representing their respective interests in the Bonds
except as provided in Section 2.14. Except as so provided, during the term of the Bonds,
beneficial ownership (and subsequent transfers of beneficial ownership) of interests in
the Global Certificates will be reflected by book entries made on the records of the
Depository and its Participants and other banks, brokers, and dealers participating in the
National System. The Depository's book entries of beneficial ownership interests are
authorized to be in integral increments of $5,000, despite the larger authorized -
denominations of the Global Certificates. Payment of principal of, premium, if any,
and interest on the Global Certificates will be made to the Bond Registrar as paying
agent, and in turn by the Bond Registrar to the Depository or its nominee as registered
owner of the Global Certificates, and the Depository according to the laws and rules
governing it will receive and forward payments on behalf of the beneficial owners of
the Global Certificates.
2.13. Depository Letter Agreement. There has been submitted to this
Council a form of letter agreement between the Bond Registrar and the Depository.
Such letter agreement (the Depository Letter Agreement) is hereby approved. The
Bond Registrar, the Mayor and the Manager are hereby authorized and directed to
execute the Depository Letter Agreement in substantially the form submitted, with only
such variations therein as may be required to complete the Depository Letter
Agreement, or which are not, in the opinion of the Issuer Attorney and bond counsel,
materially adverse to the interests of the Issuer.
2.14. Immobilization of Global Certificates by the Depository; Successor
Depository and Replacement Bonds. Pursuant to the request of the Purchaser to the
Depository, immediately upon the original delivery of the Bonds the Purchaser will
deposit the Global Certificates representing all of the Bonds with the Depository. The
Global Certificates shall be in typewritten form or otherwise as acceptable to the
Depository, shall be registered in the name of the Depository or its nominee and shall
be held immobilized from circulation at the offices of the Depository. The Depository
or its nominee will be the sole holder of record of the Global Certificates and no
investor or other party purchasing, selling or otherwise transferring ownership of
interests in any Bond is to receive, Bold or deliver any Global Certificates so long as the
Depository holds the Global Certificates immobilized from circulation, except as
provided below in this Section.
Global Certificates evidencing the Bonds may not, after their original
delivery, be transferred or exchanged except:
(i) To any successor of the Depository (or its nominee) or any substitute
depository (a "Substitute Depository") designated pursuant to clause (iii) of this
subparagraph, provided that any successor of the Depository or any Substitute
Depository must be both a "clearing corporation" as defined in the Minnesota
Uniform Commercial Code, Minnesota Statutes, Section 336.8 -102, and a
qualified and registered "clearing agency" as provided in Section 17A of the
Securities Exchange Act of 1934, as amended,
(ii) To a Substitute Depository designated by and acceptable to the Issuer
upon (a) the determination by the Depository that the Bonds shall no longer be
eligible for its depository services or (b) a determination by the Issuer that the
Depository is no longer able to carry out its functions, provided that any
Substitute Depository must be qualified to act as such, as provided in clause (i)
of this subparagraph, or
(iii) In the event that
(a) the Depository shall resign or discontinue its services for the Bonds
and the Issuer is unable to locate a Substitute Depository within two (2) months
following the resignation or discontinuance, or
(b) the Issuer determines in its sole discretion that (1) the continuation of
the book entry system described herein might adversely affect the interests of
the beneficial owners of the Bonds, or (2) that it is in the best,interest of the
beneficial owners of the Bonds that they obtain certificated Bonds,
in either of which events the Issuer shall notify Holders of its determination and the
Issuer, the Bond Registrar and the Depository shall cooperate in providing certificates
(the "Replacement Bonds ") to Holders and the registration, transfer and exchange of
such Bonds shall thereafter be conducted as provided in Section 2.09 hereof.
In the event of a replacement of the Depository as may be authorized. by
the second paragraph of this Section, the Bond Registrar upon presentation of Global
Certificates shall register their transfer to the substitute or successor depository, and the
substitute or successor depository shall be treated as the Depository for all purposes and
functions under this resolution. The Depository Letter Agreement shall not apply to a
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Substitute Depository unless the Issuer and the Substitute Depository so agree, and a
similar agreement may be entered into.
Section 3. Use of Proceeds and Escrow Account. The proceeds of the
Bonds in the amount of $1,903,131.25 are irrevocably appropriated for the payment of
interest to become due on the Bonds to and including February 1, 1994 (the Crossover
Date), and for the payment and redemption of the principal amount of the Refunded
Bonds on the Crossover Date. The Finance Director is hereby authorized and directed,
simultaneously with the delivery of the Bonds, to deposit the proceeds thereof, to the
extent described above, in escrow with Norwest Bank Minnesota, National Association,.
in Minneapolis, Minnesota (the Escrow Agent), a banking institution whose deposits
are insured by the Federal Deposit Insurance Corporation and whose combined capital
and surplus is not less than $500,000, and shall invest the funds so deposited in
securities authorized for such purpose by Minnesota Statutes, Section 475.67,
subdivision 8, maturing on such dates and bearing interest at such rates as are required
to provide funds sufficient, with cash retained in the escrow account, to make the
above - described payments. The Mayor and Manager are hereby authorized to enter
into an Escrow Agreement with the Escrow Agent establishing the terms and
conditions for the escrow account in accordance with Minnesota Statutes, Section
475.67. Of the remaining proceeds of the Bonds, $13,465.59 shall be applied to pay
issuance expenses and $-0- shall be deposited in the Sinking Fund created pursuant to
Section 4 hereof.
Section 4. General Obligation Utility Revenue Refunding Bond Sinking
Fund. The Bonds shall be payable from a separate Series 1992D General Obligation
Utility Revenue Refunding Bond Sinking Fund (the Sinking Fund) which shall be
created and maintained on the books of the Issuer as a separate debt redemption fund
until the Bonds, and all interest thereon, are fully paid. There shall be credited to the
Sinking Fund the following:
(a) Any amount initially deposited therein pursuant to Section 3 hereof.
(b) All receipts of principal and interest on the investments held in the
escrow account established in Section 3 to and including the Crossover Date (other than
the sum of $1,865,000 received from maturing investments on the Crossover Date to be
used to redeem the Refunded Bonds).
(c) All taxes levied and all other money which may at any time be
received for or appropriated to the payment of the principal of or interest on the Bonds,
including the net revenues of the Utility herein pledged and appropriated to the
Sinking Fund and all collections of any ad valorem taxes levied for the payment of the
Bonds.
10
(d) Any other funds appropriated by the Council for the payment of the
Bonds.
Section 5. Sufficiency of Utility Revenues. It is hereby found, determined
and declared that the Issuer owns and operates the Utility as a revenue - producing
utility and convenience; and that the estimated net operating revenues of the Utility,
after deducting from the gross receipts derived from charges for the service, use and .
availability of the Utility the normal, current and reasonable expenses of operation and
maintenance thereof, will be sufficient, together with any other sources pledged to or
projected to be used, for the payment when due of the principal of and interest on the
Bonds herein authorized, and on any other bonds to which such revenues are pledged,
including the Prior Bonds.
Section 6. Rate Covenant. Pursuant to Minnesota Statutes, Section
444.075, the Issuer hereby covenants and agrees with the registered owners from time to
time of the Bonds herein authorized, that until the Bonds and' the interest thereon are
paid in full, or are discharged as provided in Section 8, the Issuer will impose and
collect reasonable charges for the service, use and availability of the Utility according to
schedules sufficient to produce net revenues sufficient to pay all principal and interest
when due on the Bonds herein authorized, and any other bonds to which said net
revenues have been pledged; and said net revenues, to the extent necessary, are hereby
irrevocably pledged and appropriated to the payment of the Bonds herein authorized
and interest thereon when due. The pledge of the net revenues of the Utility to the
payment of the Bonds is on a parity with the pledge of such net revenues to the
payment of the Prior Bonds. Nothing herein shall preclude the Issuer from hereafter
making further pledges and appropriations of the net revenues of`the Utility for
payment of additional obligations of the Issuer hereafter authorized if the Council
determines before the authorization of such additional obligations that the estimated
net revenues of the Utility will be sufficient, together with any other sources pledged to
the payment of the outstanding and additional obligations, for payment of the
outstanding bonds and such additional obligations. Such further pledges and
appropriations of said net revenues may be made superior or subordinate to, or on a
parity with, the pledge and appropriation herein made.
Section 7. Pledge of Taxing Powers. For the prompt and full payment of
the principal of and interest on the Bonds as, such payments respectively become due,
the full faith, credit and unlimited taxing powers of the Issuer shall be and are hereby
irrevocably pledged. It is, however, presently estimated that the funds appropriated
pursuant to Section 6 hereof will provide sums not less than 5% in excess of principal
and interest on. the Bonds when due, and therefore no tax levy is presently required.
Section 8. Defeasance. When all of the Bonds have been discharged as
provided in this section, all pledges, covenants and other rights granted by this
resolution to the registered owners of the Bonds shall cease. The Issuer may discharge
its obligations with respect to any Bonds which are due-on any date by depositing with
the Registrar on or before that date a sum sufficient for the payment thereof in full; or,
if any Bond should not be paid when due, it may nevertheless be discharged by
depositing with the Registrar a sum sufficient for the payment thereof in full with
interest accrued from the due date to the date of such deposit. The Issuer may also
discharge its obligations with respect to any prepayable. Bonds called for redemption on
any date when they are prepayable according to their terms, by depositing with the
Registrar on or before that date an amount equal to the principal, interest and
redemption premium, if , any, which are then due, provided that notice of such
redemption has been duly given as provided herein. The Issuer may also at any time
discharge its obligations with respect, to any Bonds, subject to the provisions of law now
or hereafter authorizing and regulating such action, by depositing irrevocably in
escrow, with a bank qualified by law as an-escrow agent for this purpose, cash or
securities. which are authorized by law to be so deposited, bearing interest payable at
such time and at such rates and maturing or callable at the holder's option on such - -
dates as shall be required to pay all principal, interest and redemption premiums to
become due thereon to maturity or said redemption date.
Section'9. Registration of Bonds. The Clerk is hereby authorized and
directed to file a certified copy of this resolution with the County Auditor of Hennepin
County and obtain a certificate that the Bonds have been duly entered upon the
Auditor's bond register as required by law.
Section 10. Authentication of Transcript. The officers of the Issuer and
County Auditor of Hennepin County are hereby authorized and directed to prepare and
furnish to the Purchaser and to Dorsey & Whitney, Bond Counsel, certified copies of all
proceedings and records relating to the Bonds and such other affidavits, certificates and
information as may be required to show the facts relating to the legality and
marketability of the Bonds, as the same appear from the books and records in their
custody and control or as otherwise known to them, and all such certified copies,
affidavits and certificates, including any heretofore furnished, shall be deemed
representations of the Issuer as to the correctness of all statements contained therein.
Section 11. Tax Covenant. The Issuer covenants and agrees with the
holders from time to time of the Bonds that it will not take or permit to be taken by any
of its officers, employees or agents any action which would cause the interest on the
Bonds to become subject to taxation under the Internal Revenue Code of 1986, as
amended (the Code), and the Treasury Regulations promulgated thereunder (the
Regulations), and covenants to take any and all actions within its powers to ensure that
the interest on the Bonds will not become subject to taxation under the Code and the
Regulations. The Issuer will cause to be filed with the Secretary of Treasury an
information reporting statement in the form and at the time, prescribed by the Code.
The improvements financed by the Prior Bonds will be owned and maintained by the
Issuer and available for use by members of the general public on a substantially equal
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basis. The Issuer shall not enter into any lease, use or other agreement with any
nongovernmental person relating to the use of such improvements or security for the
payment of the Bonds which might cause the Bonds to be considered "private activity
bonds" or "private loan bonds ". within the meaning of Section 141 of the Code.
The Mayor and Manager, being the officers of the Issuer charged with the
responsibility for issuing the Bonds pursuant to this resolution, are authorized and
directed to execute and deliver to the Purchaser a certificate in accordance with the
provisions of Section 148 of the Code, and Sections 1.103 -13, 1.103 -14 and 1.103 -15 of the
Regulations, stating the facts, estimates and circumstances in existence on the date of
issue and delivery of the Bonds which make it reasonable to expect that the proceeds of
the Bonds will not be used in a manner that would cause the Bonds to be arbitrage
bonds within the meaning of the Code and Regulations.
Section 12. Arbitrage Rebate. The Issuer acknowledges that the Bonds are
subject to the rebate requirements of Section 148(f) of the Code. The Issuer covenants
and agrees to retain such records, make such determinations, file such reports and
documents and pay such amounts at such times as are required under said Section
148(f) and applicable Treasury Regulations to preserve the exclusion of interest on the
Bonds from gross income for federal income tax purposes. In furtherance of the
foregoing, the Finance Director is hereby authorized and directed to execute a Rebate
Certificate setting forth the undertakings of the Issuer to comply with the foregoing
requirements, and' the Issuer hereby covenants and agrees to observe and perform the
covenants and agreements contained therein, unless amended or terminated in
accordance with the provisions thereof.
Section 13. No Designation of Qualified Tax - Exempt Obligations. The
Bonds shall not be designated as "qualified tax - exempt obligations" for purposes of
Section 265(b)(3) of the Code.
Section 14. Severability. If any section, paragraph or provision of this
resolution shall be held to be invalid or unenforceable for any reason, the invalidity or
unenforceability of such section, paragraph or provision shall not affect any of the
remaining provisions of this resolution.
Section 15. Headings. Headings in this resolution are included for
convenience of reference only and are not a part hereof, and shall not limit or define
the meaning of any provision hereof.
Section 16. Official Statement. The Official Statement relating to the
Bonds, dated September 21, 1992, prepared and delivered on behalf of the Issuer by
Springsted Incorporated, is hereby approved, and the officers of the Issuer are hereby
authorized and directed to execute such certificates as may be appropriate concerning
the accuracy, completeness and sufficiency thereof. Springsted Incorporated, is hereby
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authorized on behalf of the Issuer to prepare and distribute to the Purchaser and a
supplement to the Official Statement listing the offering price, the interest rates, selling
compensation, delivery date, the underwriters and such other information relating to
the Bonds required to be included in the Official Statement by Rule 15c2 -12 adopted by
the Securities and Exchange Commission under the Securities Exchange Act of 1934.
Within-seven business days from the date hereof, the Issuer shall deliver to the
Purchaser 75 copies of the Official Statement and such supplement. The officers of the
City are hereby authorized and directed to execute such notes as may be appropriate
concerning the accuracy, completeness and sufficiency of the Official Statement.
Section 17. Redemption of Refunded Bonds. The Issuer hereby calls the
Refunded Bonds for redemption and prepayment on the Crossover Date. The Finance
Director shall cause notice of the redemption of the Refunded Bonds to be given in the
manner required by the resolution authorizing the Prior Bonds.
Adopted this 5th day of October, 1992.
Attest: /s/ Marcella M. Daehn
Clerk
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/s/ Frederick S. Richards
Mayor
The motion for the adoption of the foregoing resolution was duly
seconded by Councilmember Kelly and upon vote being taken thereon, the following
voted in favor thereof: Mayor Richards, Councilmembers Kelly, Paulus and Rice
and the following voted against the same: None
whereupon the resolution was declared duly passed and adopted.
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EXHIBIT A
[FORM OF GLOBAL CERTIFICATE]
UNITED STATES OF AMERICA
STATE OF MINNESOTA
COUNTY OF HENNEPIN
ON
GENERAL OBLIGATION UTILITY REVENUE REFUNDING BOND, SERIES 1992D
INTEREST MATURITY DATE OF
RATE DATE ORIGINAL ISSUE CUSIP
November 1, 1992
REGISTERED OWNER:
PRINCIPAL AMOUNT:
THE CITY OF EDINA, County of Hennepin, State of Minnesota (the
"Issuer "), certifies that it is indebted and for value received promises to pay to the
registered owner specified above or on the certificate of registration attached hereto, or
registered assigns, in the manner hereinafter set forth, the principal amount specified
above, on the maturity date specified above, without option of prior payment, and to
pay interest thereon semiannually on February 1 and August 1 of each year (each, an
"Interest Payment Date "), commencing August 1, 1993, at the rate per annum specified
above (calculated on the basis of a 360 -day year of twelve 30-day months) until the
principal sum is paid or has been provided for. This Bond will bear interest from the
most recent Interest Payment Date to which interest has been paid or, if no interest has
been paid, from the date of original issue hereof. The principal of and premium, if any,
on this Bond are payable by wire transfer (or other agreed means of payment), in next
day funds or its equivalent, on each payment date no later than 12:00 noon (Chicago,
Illinois time) upon presentation and surrender hereof at the office of the Finance
Director, City of Edina, in Edina, Minnesota (the "Bond Registrar "), acting as paying
agent, or any successor paying agent duly appointed by the Issuer; provided, however,
that upon a partial redemption of this Bond which results in the stated amount hereof
being reduced, the Holder may in its discretion be paid without presentation of this
Bond, and may make a notation on the panel provided herein of such redemption,
stating the amount so redeemed, or may return the Bond to the Bond Registrar in
exchange for a new Bond in the proper principal amount. Such notation, if made by
the Holder, shall be for reference only, and may not be relied upon by any other person
as being in any way determinative of the principal amount of this Bond outstanding,
A -1
unless the Bond Registrar has signed the appropriate column of the panel. Interest on
this Bond will be paid on each Interest Payment Date (by, 12:00 noon, Chicago, Illinois
time) by wire transfer (or other agreed means of payment) in next day funds or its .
equivalent to the person in whose name this Bond is registered (the "Holder" or
"Bondholder ") on the registration books of the Issuer maintained by the Bond Registrar
and at the address appearing thereon at the close of business on the fifteenth calendar
day preceding such Interest Payment Date (the "Regular Record Date "). Any interest
not so timely paid shall cease to be payable to the person who is the Holder hereof as of
the Regular Record Date, and shall be payable to the person who is the Holder hereof at
the close of business on a date (the "Special Record Date ") fixed by the Bond Registrar
whenever money becomes available for payment of the defaulted interest. Notice of
the Special Record Date shall be given to Bondholders not less than ten (10)days prior to
the Special Record Date. The principal of and premium, if any, and interest on this
Bond are payable in lawful money of the United States of America.
This Bond shall not be valid or become obligatory for any purpose or be
entitled to any security unless the Certificate of Authentication hereon shall have been
executed by the Bond Registrar.
Date of Payment Not Business Day. If the date for payment of the
principal of, premium, if any, or interest on this Bond shall be a Saturday, Sunday, legal
holiday or. a day on which banking institutions in the City of New York, New York, or
the city where the principal office of the Bond Registrar is located are authorized by law
or executive order to close, then the date for such payment shall be the next succeeding
day which is not a Saturday, Sunday, legal holiday or a day on which such banking
institutions are authorized to close, and payment on such date shall have the same
force and effect as if made, on the nominal date of payment.
Redemption. The Bonds are not subject to redemption and prepayment.
Issuance; Purpose. This Bond is one of an issue in the total principal
amount of $1,925,000, all of like date of original issue and tenor, except as to number,
maturity, interest rate and denomination, which Bond has. been issued pursuant to and
in full conformity with the Constitution and laws, of the State of Minnesota and
pursuant to a resolution adopted by the City Council on October 5, 1992 (the
"Resolution "), to refund certain outstanding general obligation revenue bonds of the
Issuer previously issued to finance improvements to the Issuer's municipal water,
sanitary sewer and storm sewer utility (the. "Utility ").
Denominations; Exchange; Resolution. The Bonds are issuable originally
only as Global Certificates in the denomination of the entire principal amount of the
series maturing on a single- date. Global Certificates are not exchangeable for fully
registered bonds of smaller denominations except in the event of a partial redemption
as above, provided or in exchange for Replacement Bonds if then available.
A -2
Replacement Bonds, if made available as provided below, are issuable solely as fully
registered bonds in the denominations of $5,000 and integral multiples thereof of a
single maturity and are exchangeable for fully registered Bonds of other authorized
denominations in equal aggregate principal amounts at the principal office of the Bond
Registrar, but only in the manner and subject to the limitations provided in the
Resolution. Reference is hereby made to the Resolution for a description of the rights
and duties of the Bond Registrar. Copies of the Resolution are on file in the principal
office of the Bond Registrar.
Replacement Bonds. Replacement Bonds maybe issued by the Issuer:
(a) If Midwest Securities Trust Company (the "Depository") shall resign
or discontinue its services for the Bonds, and only if the Issuer is unable to
locate a substitute depository within two (2) months following the resignation
or discontinuance, or'
(b) upon a determination by the Issuer in its sole discretion that (1) the
continuation of the book -entry system described in the Resolution might
adversely affect the interests of the beneficial owners of the Bonds, or (2) that it
is in the best interest of the beneficial owners of the Bonds that they obtain
certificated Bonds.
Transfer. This Bond shall be registered in the name of the payee on the
books of the Issuer by presenting this Bond for registration to the.Bond Registrar, who
will endorse his, her or its name and note the date of registration opposite the name of
the payee in the certificate of registration attached hereto. Thereafter this Bond may be
transferred by delivery with an assignment duly executed by the Holder or the Holder's
legal representatives, and the Issuer and Bond Registrar may treat the Holder as the
person exclusively entitled to exercise all the rights and powers of an owner until this
Bond is presented with such assignment for registration of transfer, accompanied by
assurance of the nature provided by law that the assignment is genuine and effective,
and until such transfer is registered on said books and noted hereon by the Bond
Registrar, all subject to the terms and conditions provided in the Resolution and to
reasonable regulations of the Issuer contained in any agreement with, or notice to, the
Bond Registrar.
Fees upon Transfer or Loss. The Bond Registrar may require payment of a
sum sufficient to cover any tax or other governmental charge payable in connection
with the transfer or exchange of this Bond and any legal or unusual costs regarding
transfers and lost Bonds.
Treatment of Registered Owner. The Issuer and Bond Registrar may treat
the person in whose name this Bond is registered as the owner hereof for the purpose
of receiving payment as herein provided and for all other purposes, whether or not this
A -3
Bond shall be overdue, and neither the Issuer nor the Bond Registrar shall be affected
by notice to the contrary.
Authentication. This Bond shall not be valid or become obligatory for
any purpose or be entitled to any security unless the Certificate of Authentication
hereon shall have been executed by the Bond Registrar.
Not Oualified Tax- Exempt Obligations tions. The Bonds have not been
designated by the Issuer as "qualified tax - exempt obligations" for purposes of Section
265(b)(3) of the Internal Revenue Code of 1986, as amended.
IT IS HEREBY CERTIFIED AND RECITED that all acts, conditions and
things required by the Constitution and laws of the State of Minnesota to be done, to
happen and to be performed, precedent to and in the issuance of this Bond, in order to
make it a valid and binding general obligation of the Issuer according to its terms, have
been done, have happened and have been performed, in regular and due form, time
and manner as required by law; that in and by the Resolution, the Issuer has
covenanted and agreed with the registered owners that -the Bonds are payable from a .
separate debt redemption fund of the Issuer; that it will impose and collect, or cause to
be imposed and collected, charges for the service, use and availability of the Utility at
the times and in the amounts required to produce net revenues adequate to pay all
principal and interest when due on the Bonds, but the full faith and credit and taxing
powers of the Issuer have been pledged to the payment of such principal and interest
when due, and ad valorem taxes, if necessary for such purpose, will be levied upon all
taxable property in the Issuer, without limitation as to rate or amount; and that the
issuance of this Bond does not cause the indebtedness of the Issuer to exceed any
constitutional or statutory limitation of indebtedness.
IN WITNESS WHEREOF, the City of Edina, Minnesota, by its City
Council has caused this Bond to be executed on its behalf by the signatures of the Mayor
and City Manager and has caused this Bond to be dated as of the date set forth below..
Date of Registration:
A -4
within.
CITY OF EDINA, MINNESOTA
Mayor
City Manager
BOND REGISTRAR'S CERTIFICATE OF AUTHENTICATION
r
This Bond is one of the Bonds described in the Resolution mentioned
A -5
FINANCE DIRECTOR,
CITY OF EDINA, MINNESOTA
Bond Registrar
By
CERTIFICATE OF REGISTRATION
The transfer of ownership of the principal amount of the attached Bond may be made
only by the registered owner or the owner's legal representative last noted below.
DATE OF SIGNATURE OF
REGISTRATION REGISTERED OWNER BOND REGISTRAR
A -6
ABBREVIATIONS
The following abbreviations, when used in the inscription on the face of
this Bond, shall be construed as though they were written out in full according to
applicable laws or regulations:
TEN COM - as tenants in common
TEN ENT - as tenants by the entireties
JT TEN - as joint tenants with right of survivorship
and not as tenants in common
UTTMA - as custodian for
(Cust) (Minor)
under the Uniform Transfers to Minors Act
(State)
Additional abbreviations may also be used though not in the above list.
A -7
ASSIGNMENT
For value received, the undersigned hereby sells, assigns and transfers
unto the within Bond and does
hereby irrevocably constitute and appoint
attorney to transfer the Bond on the books kept for the registration
power of substitution in the premises.
Dated:
Signature Guaranteed:
Please insert social security or other
identifying number of assignee:
thereof, with full
Notice: The assignor's signature io this
assignment must correspond with the name
as it appears upon the face of the within Bond
in every particular, without alteration or any
change whatever. Signature(s) must be
guaranteed by a national bank or trust
company or by a brokerage firm having a
membership in one of the major stock
exchanges.
A -8
110
[Form of Non - Global Bond]
UNITED STATES OF AMERICA
STATE OF MINNESOTA
COUNTY OF HENNEPIN
CITY OF EDINA
R- $
GENERAL OBLIGATION UTILITY REVENUE REFUNDING BOND, SERIES 1992D
INTEREST MATURITY DATE OF
RATE DATE ORIGINAL ISSUE CUSIP
November 1, 1992
REGISTERED OWNER:
PRINCIPAL AMOUNT:
THE CITY OF EDINA, County of Hennepin, State of Minnesota (the
"Issuer "), certifies that it is indebted and for value received promises to pay to the
registered owner specified above or registered assigns, in the manner hereinafter set
forth, the principal amount specified above, on the maturity date specified above,
without option of prior payment, and to pay interest thereon semiannually on
February 1 and August 1 of each year (each, an "Interest Payment Date "), commencing
August 1, 1993, at the rate per annum specified above (calculated on the basis of a
360 -day year of twelve 30 -day months) until the principal sum is paid or has been
provided for. This Bond will bear interest from the most recent Interest Payment Date
to which interest has been paid or, if no interest has been paid, from the date of original
issue hereof. The principal of and premium, if any, on this Bond are payable upon
presentation and surrender hereof at the office of the Finance Director, City of Edina, in
Edina, Minnesota (the "Bond Registrar "), acting as paying agent, or any successor paying
agent duly appointed by the Issuer. Interest on this Bond will be paid on each Interest
Payment Date by check or draft mailed to the person in whose name this Bond is
registered (the "Holder" or "Bondholder ") on the registration books of the Issuer
maintained by the Bond Registrar and at the address appearing thereon at the close of
business on the fifteenth calendar day preceding such Interest Payment Date (the
'Regular Record Date "). Any interest not so timely paid shall cease to be payable to the
person who is the Holder hereof as of the Regular Record Date, and shall be payable to
the person who is the Holder hereof at the close of business on a date (the Special
:
Record Date ") fixed by the Bond Registrar whenever money becomes available for
payment of the defaulted interest. Notice of the Special Record Date shall be given to
Bondholders not less than ten (10) days prior to the Special Record Date. The principal
of and premium, if any, and interest on this Bond are payable in lawful money of the
United States of America.
REFERENCE IS HEREBY MADE TO THE FURTHER PROVISIONS OF
THIS BOND SET FORTH ON THE REVERSE HEREOF, WHICH PROVISIONS SHALL
FOR ALL PURPOSES HAVE THE SAME EFFECT AS IF SET FORTH HERE.
IT IS HEREBY CERTIFIED AND RECITED that all acts, conditions and
things required by the Constitution and laws of the State of Minnesota to be done, to
happen and to be performed, precedent to and in the issuance of this Bond in order to
make it a valid and binding general obligation of the Issuer according to its terms, have
been done, have happened and have been performed, in regular and due form, time
and manner as required by law; that in and by the Resolution, the Issuer has
covenanted and agreed with the registered owners that the Bonds are payable from a
separate debt redemption fund of the Issuer; that it will impose and collect, or cause to
be imposed and collected, charges for the service, use and availability of the Utility at
the times and in the amounts required to produce net revenues adequate to pay all
principal and interest when due on the Bonds, but the full faith and credit and taxing
powers of the Issuer have been pledged to the payment of such principal and interest
when due, and ad valorem taxes, if necessary for such purpose, will be levied upon all
taxable property in the Issuer, without limitation as to rate or amount; and that the
issuance of this Bond does not cause the indebtedness of the Issuer to exceed any
constitutional or statutory limitation of indebtedness.
IN WITNESS WHEREOF, the City of Edina, Minnesota, by its City
Council has caused this Bond to be executed on its behalf by the facsimile signatures of
the Mayor and City Manager and has caused this Bond to be dated as of the date set
forth below.
Date of Registration:
B -2
CITY OF EDINA, MINNESOTA
Mayor
City Manager
within.
BOND REGISTRAR'S CERTIFICATE OF AUTHENTICATION
This Bond is one of the Bonds described in the Resolution mentioned
FINANCE DIRECTOR,
CITY OF EDINA, MINNESOTA
Bond Registrar
By
(ON REVERSE OF BOND)
Date of Payment Not Business Day. If the date for payment of the
principal of, premium, if any, or interest on this Bond shall be a Saturday, Sunday, legal
holiday or a day on which banking institutions in the City of New York, New York, or
the city where the principal office of the Bond Registrar is located are authorized by law
or executive order to close, then the date for such payment shall be the next succeeding
day which is not a Saturday, Sunday, legal holiday or a day on which such banking
institutions are authorized to close, and payment on such date shall have the same
force and effect as if made on the nominal date of payment.
Redemption. The Bonds are not subject to redemption and prepayment.
Issuance; Purpose. This Bond is one of an issue in the total principal
amount of $1,925,000 all of like date of original issue and tenor, except as to number,
maturity, interest rate and denomination, which Bond has been issued pursuant to and
in full conformity with the Constitution and laws of the State of Minnesota, and
pursuant to a resolution adopted by the City Council on October 5, 1992 (the
"Resolution "), to refund certain outstanding general obligation revenue bonds of the
Issuer previously issued to finance a portion of the costs of constructing improvements
to the Issuer's municipal water, sanitary sewer and storm sewer utility (the "Utility ").
Denominations; Exchange; Resolution. The Bonds are issuable solely as
fully registered bonds in the denominations of $5,000 and integral multiples thereof of
a single maturity and are exchangeable for fully registered Bonds of other authorized
denominations in equal aggregate principal amounts at the principal office of the Bond
Registrar, but only in the manner and subject to the limitations provided in the
Resolution. Reference is hereby made to the Resolution for a description of the rights
and duties of the Bond Registrar. Copies of the Resolution are on file in the principal
office of the Bond Registrar.
M
Transfer. This Bond is transferable by the Holder in person or by the
Holder's attorney duly authorized in writing at the principal office of the Bond
Registrar upon presentation and surrender hereof to the Bond Registrar, all subject to
the terms and conditions provided in the Resolution and to reasonable regulations of
the Issuer contained in any agreement with the Bond Registrar. Thereupon the Issuer
shall execute and the Bond Registrar shall authenticate and deliver, in exchange for this
Bond, one or more new fully registered Bonds in the name of the transferee (but not
registered in blank or to "bearer" or similar designation), of an authorized
denomination or denominations, in aggregate principal amount equal to the principal
amount of this Bond, of the same maturity and bearing interest at the same rate.
Fees upon Transfer or Loss. The Bond Registrar may require payment of a
sum sufficient to cover any tax or other governmental charge payable in connection
with the transfer or exchange of this Bond and any legal or unusual costs regarding
transfers and lost: Bonds.
Treatment of Registered Owner. The Issuer and Bond Registrar may _treat
the person in whose name this Bond is registered as the owner hereof for the purpose
of receiving payment as herein provided and for all other purposes, whether or not this
Bond shall be overdue, and neither the Issuer nor the Bond Registrar shall be affected
by notice to the contrary.
Authentication. This Bond shall not be valid or become obligatory for
any purpose or be entitled to any security unless the Certificate of Authentication
I
ereon shall have been executed by the Bond Registrar.
Not Qualified Tax - Exempt Obligations. The Bonds have not been
designated by the Issuer as "qualified tax - exempt obligations" for purposes of Section
265(b)(3) of the Internal Revenue Code of 1986, as amended.
B -4
ABBREVIATIONS -
The following abbreviations, when used in the inscription on the face of
this Bond, shall be construed as though they were written out in full according to
applicable laws or regulations:
TEN COM - as tenants in common
TEN ENT - as tenants by the entireties
JT TEN - as joint tenants with right of survivorship
and not as tenants in common
UTMA - as custodian for
(Cust) (Minor)
under the Uniform Transfers to Minors Act
(State)
Additional abbreviations may also be used though not in the above list.
ASSIGNMENT
For value received, the undersigned hereby sells, assigns and transfers
unto the within Bond and does
hereby irrevocably constitute and appoint
attorney to transfer the Bond on the books kept for the registration
power of substitution in the premises.
Dated:
Signature Guaranteed:
Please insert social security or other
identifying number of assignee:
thereof, with full
Notice: The assignor's signature to this
assignment must correspond with the name
as it appears upon the face of the within Bond
in every particular, without alteration or any
change whatever. Signature(s) must be
guaranteed by a national bank or trust
company or by a brokerage firm having a
membership in one of the major stock
exchanges.
B -5
BID AWARDED FOR $1.090.000 G.O. I REFQNDING BONDS, SERIES 1992E
It was reported that 2 sealed bids for the bonds had been received at the
time and place designated in the Terms of Proposal approved by resolution of the
Council at the meeting held on September 8, 1992, and included in the Official
Statement circulated by the City's financial advisor on behalf of the City. The bids
received were as follows:
Bidder
FBS INVESTMENT SERVICES, INC.
DAIN BOSWORTH INCORPORATED
MERRILL LYNCH & CO.
NORWEST INVESTMENT SERVICES,
INCORPORATED
PIPER JAFFRAY, INC.
SMITH BARNEY, HARRIS UPHAM &
COMPANY INCORPORATED
AND ASSOCIATES
- In Association With -
HARRIS TRUST AND SAVINGS BANK
KIDDER, PEABODY & COMPANY,
INCORPORATED
KEMPER SECURITIES, INC.
CLAYTON BROWN & ASSOCIATES,
INCORPORATED
GRIFFIN, KUBIK, STEPHENS &
THOMPSON, INC.
William Blair & Company
Interest Net Interest True Interest
Rates Price Cost Rate
4.00%1996 $1,082,370.00 $305,878.75 4.9308%
4.40%1997
4.70%1998
4.90%1999
5.00%2000
5.20%2001
4.30%1996 $1,083,178.10 $313,299.40 $5.0500%
4.60%1997
4.80%1998
5.00%1999
5.10%2000
5.30%2001
adoption:
Member Kelly then introduced the following resolution and moved its
RESOLUTION RELATING TO $1,095,000 GENERAL
OBLIGATION IMPROVEMENT REFUNDING BONDS, SERIES
1992E; AWARDING THE SALE, FIXING THE FORM AND
DETAILS, PROVIDING FOR THE EXECUTION THEREOF AND
THE SECURITY THEREFOR
BE IT RESOLVED by the City Council of the City of Edina, Minnesota
(the Issuer), as follows:
Section 1. Authorization and Sale.
1.01. Authorization. The Issuer has presently outstanding its General
Obligation Improvement Bonds, Series 1989, initially dated as of April 1, 1989 (the
Prior Bonds). This Council, by a resolution adopted on September 8, 1992,
authorized the sale of $1,095,000 General Obligation Improvement Refunding
Bonds, Series 1992E (the Bonds), of the Issuer, the proceeds of which would be used,
together with any additional funds of the Issuer which might be required, to refund
in advance of maturity the Prior Bonds maturing in the years 1996 through 2001
which aggregate $1,045,000 in principal amount (the Refunding Bonds). Said
refunding constitutes a "crossover refunding" as defined in Minnesota Statutes,
Section 475.17, subd. 13. The Prior Bonds were issued to finance a portion of the
costs of constructing improvements for the Centennial Lakes Redevelopment
Project in the City (the Improvements) under and pursuant to Minnesota Statutes,
Chapters 429 and 475.
1.02. Sale of Bonds. The Issuer has retained Springsted Incorporated, as
independent financial advisors in connection with the sale of the Bonds. Pursuant
to Minnesota Statutes, Section 475.60, subdivision 2, paragraph (9), the requirements
as to public sale do not apply to the issuance of the Bonds. Bids have been received
in accordance with the Terms of Proposal approved by the resolution adopted by this
Council on September 8, 1992 authorizing the sale of the Bonds, and the Council has
publicly considered all sealed bids presented in conformity with the Terms of
Proposal. The most favorable of such bids is ascertained to be that of FBS
Investment Services, Inc. and associates, of Minneapolis, Minnesota (the Purchaser),
to purchase the Bonds at a price of $1,087,335 plus accrued interest on all Bonds to
the day of delivery and payment, on the further terms and conditions hereinafter set
forth.
1.03 Award of Bonds.' The sale of the Bonds is hereby awarded to the
Purchaser and the Mayor and Manager are hereby authorized and directed on behalf
of the. Issuer to execute a contract for the sale of the Bonds in accordance with the
terms of the bid. The good faith deposit of the Purchaser shall be retained and
deposited by the Issuer until the Bonds have been delivered and shall be deducted
from the purchase price paid at settlement. The good faith checks of other bidders
shall be returned to them forthwith.
1.04. Sam. It is hereby determined that by issuance of the Bonds the
Issuer will realize a substantial interest rate reduction, a gross savings of
approximately $28,049.88 and a present value savings (using the yield on the Bonds,
computed in accordance with Section 148 of the Internal Revenue Code of 1986, as
amended, as the,discount factor) of approximately $23,061.54.,
1.05. Issuance of Bonds. All acts, conditions and things which are
required by the Constitution and laws of the State of Minnesota to be done, to exist,
to happen and to be performed precedent to and in the valid issuance of the Bonds
having been done, existing, having happened and having been performed, it is now
necessary for the Council to establish the form and terms of the Bonds, to provide
security therefor and to issue the Bonds forthwith.
1.06. Maturities. This Council finds and determines that the
maturities, of the Bonds, as set forth in Section 2.02 hereof, are warranted by the
anticipated collection of the special assessments levied for the cost of the
Improvements.
Section 2. Bond Terms; Registration; Execution and DelivM,
2.01. Issuance of Bonds. The Bonds shall be originally dated
November 1, 1992, as the date of original issue and shall be issued for on or
after such date using a Global Book Entry System. One Global Certificate
representing the aggregate principal amount of the Bonds maturing ,in each year
(the Global Certificates) will be issued and fully registered as to principal and interest
in the name of Kray & Co. as nominee of the Midwest Securities Trust Company
(the Depository), a Securities and Exchange Commission registered depository, an
Illinois trust company, a member of the Federal Reserve System and a "clearing
corporation" within the meaning of the Illinois Uniform Commercial Code.
2.02. Maturities; Interest Rates; Denominations and Payment. - The
Bonds shall be in the .denomination of $5,000 each, or any integral multiple thereof,
of single maturities, shall mature, without option of prior payment, on February 1
in the years and amounts stated below, and shall bear interest from date of issue
until paid at the respective annual rates set forth opposite such years and amounts,
as follows:
-2-
Year
Amount
Rate
1996
$195,000
4.00%
1997
185,000
4.40
1998
185,000
4.70
1999
180,000
4.90
2000
180,000
5.00
2001
170,000
5.20
For the purpose of complying with the provisions of Minnesota Statutes, Section
475.54, subdivision 7, the maturities of the Bonds shall be combined with the non-
refunded maturities of the Prior Bonds.
2.03. Dates and Interest Payment Dates. The Bonds shall bear interest
payable on February 1 and August 1 of each year (an Interest Payment Date),
commencing August 1, 1993, calculated on the basis of a 360 day year of twelve 30
day months. Interest on any Global Certificate shall be paid as provided in the first
paragraph thereof, and interest on any Non - Global Bond shall be paid on each
Interest Payment Date by check or draft mailed to the person in whose name the
Bond is registered (the Holder) on the registration books of the Issuer maintained by
the Bond Registrar, and in each case at the address appearing thereon at the close of
business on the fifteenth (15th) calendar day preceding such Interest Payment Date
(the Regular Record Date). Any such interest not so timely paid shall cease to be
payable to the person who is the Holder thereof as of the Regular Record Date, and
shall be payable to the person who is the Holder thereof at the close of business on a
date (the Special Record Date) fixed by the Bond Registrar whenever money becomes
available for payment of the defaulted interest. Notice of the Special Record Date
shall be given by the Bond Registrar to the Holders not less than ten (10) days prior
to the Special Record Date.
2.04. Form of Bond. The Bonds shall be in the form of Global Certificates
unless and until Replacement Bonds are made available as provided in Section 2.14,
and otherwise shall be in the form of Non - Global Bonds. The form of Bonds shall
be substantially as set forth in Exhibit A for the Global Certificates or as set forth in'
Exhibit B for the Non - Global Bonds, but. may contain such additional or different
terms and provisions as to the form and time of payment, record date, notices and
other matters as are consistent with 'a Supplemental Resolution.
2.05. Redemption. The Bonds shall not be subject to redemption prior to
maturity.
2.06. Bond Registrar. The Finance Director of the Issuer is appointed to
act as bond registrar and transfer agent with respect to the Bonds (the Bond
Registrar), and shall so act for all Bonds unless and until a successor Bond Registrar
-3-
is duly appointed. A successor Bond Registrar shall -be an officer of the Issuer, or a
bank or trust company eligible for designation as bond registrar pursuant to
Minnesota Statutes, Chapter 475. The Bond Registrar shall also serve as paying
agent unless and until a successor paying agent is duly appointed. Principal and
interest on the Bonds shall be paid to the Holders of the Bonds in the manner set
forth in the forms of Bond and Section 3.
2.07. Execution and Delivery. The Bonds shall be executed on behalf of
the Issuer by the signatures of its Mayor and Manager, each with the effect noted on
the forms of the Bonds; provided that any of such signatures may be printed or
photocopied facsimiles. In the event of disability or resignation or other absence of
any such officer, the Bonds may be signed by the manual or facsimile signature of
that officer who may act on behalf of such absent or disabled officer. In case any such
officer whose signature or facsimile of whose signature shall appear on the Bonds
shall cease to be such officer before the delivery of the Bonds, such signature or
facsimile shall nevertheless be valid and sufficient for all purposes, the same as if
the officer had remained in office until delivery.
The Bonds when so prepared and executed shall be delivered by the
Finance Director to the Purchaser upon receipt of the purchase price, and the
Purchaser shall not be obliged to see to the proper application thereof.
2.08. Authentication; Date of Registration. No Bond shall be valid or
obligatory for any purpose or be entitled to any security or benefit under this
resolution unless a Certificate of Authentication on such Bond, substantially in the
form set forth on the form of Bond, shall have been duly executed by the Bond
Registrar. The Bond Registrar shall authenticate the signatures of officers of the
Issuer on each Bond by execution of the Certificate of Authentication on the Bond
and by inserting as the date of registration in the space provided the date on which
the Bond is authenticated. For purposes of delivering the original Bonds to the
Purchaser, the Bond Registrar shall insert as the date of registration the date of
original issue. The Certificate of Authentication so executed on each Bond shall be
conclusive evidence that it has been authenticated and delivered under this
resolution.
2.09. Registration; Transfer; Exchange. The Issuer will cause to be kept at
the office of the Bond Registrar a bond register in which, subject to such reasonable
regulations as the Bond Registrar may prescribe, the Bond Registrar shall provide
for the registration of Bonds and the registration of transfers of Bonds entitled to be
registered or transferred as herein provided.
All Bonds surrendered upon any exchange or transfer provided for in this
Resolution shall be promptly cancelled by the Bond Registrar and thereafter
disposed of as directed by the Issuer.
-4-
All Bonds delivered in exchange for or upon transfer of Bonds shall be
valid general obligations of the Issuer evidencing the same debt, and entitled to the
same benefits under this Resolution, as the Bonds surrendered for such exchange or
transfer.
Every Bond presented or surrendered for transfer or exchange shall be
duly endorsed or be accompanied by a written instrument of transfer, in form
satisfactory to the Bond Registrar, duly executed by the Holder thereof or the,
Holder's attorney duly authorized in writing.
The Bond Registrar may require payment of a sum sufficient to cover any
tax or other governmental charge payable in connection with the transfer or
exchange of any Bond and any legal or unusual costs regarding transfers and lost
Bonds.
Transfers shall also be subject to reasonable regulations of the Issuer
contained in any agreement with, or notice to, the Bond Registrar, including
regulations which permit the Bond Registrar to dose its transfer books between
record dates and payment dates.
2.10. Rights Upon Transfer or Exchange. Each Bond delivered upon
transfer of .or, in exchange for or in lieu of any other Bond shall carry all the rights to
interest accrued and unpaid, and to- accrue, which were carried by such other Bond.
2.11. Holders; Treatment of Registered Owner; Consent of Holders.
(A) For the purposes of all actions, consents and other matters affecting
Holders of Bonds issued under this Resolution, as from time to time supplemented,
other than payments, redemptions, and purchases, the Issuer may (but shall not be
obligated to) treat as the Holder of a Bond the beneficial owner of the Bond instead
of the person in whose name the Bond is registered. For that purpose, the Issuer
may ascertain the identity of the beneficial owner of the Bond by such means as the
Bond Registrar in its sole discretion deems appropriate, including but not limited to
a certificate from the Depository or other person in whose name the Bond is
registered identifying such beneficial owner.
(B) The Issuer and Bond Registrar may treat the person in whose name
any Bond is registered as the owner of such Bond for the purpose of receiving
payment of principal of and premium, if any, and interest on, such Bond and for all
other purposes whatsoever whether or not such Bond shall be overdue, and neither
the Issuer nor the Bond Registrar shall be affected by notice to the contrary.
-5-
(C) Any consent, request, direction, approval, objection or other
instrument required by this Resolution, as supplemented, to be signed, and executed
by the Holders may be in any number of concurrent writings of similar tenor and
must be signed or executed by such Holders in person or by' agent appointed in
writing. Proof of the execution of any such consent, request, direction, approval,
objection or other. instrument or of the writing appointing any such agent and of the
ownership of Bonds, if made in the following manner, shall be sufficient for any of
the purposes of this Resolution as supplemented, and shall be conclusive in favor of
the Issuer with regard to any action taken by it under such request or other
instrument, namely:
(1) The fact and date of the execution by any person of any such writing
may be proved by the certificate of any officer in any jurisdiction who by law
has power to take acknowledgments within such jurisdiction that the person
signing such writing acknowledged before him the execution thereof, or by an
affidavit of any witness to such execution.
(2) Subject to the provisions of subsection (A) above, the fact of the
ownership by any person of Bonds and the amounts and numbers of such
Bonds, and the date of the holding of the same, may be proved by reference to
the Bond Register.
2.12. Description of the Global Certificates and Global, Book -Entry S,, stem.
Upon their original issuance the Bonds will be issued in the form of a single Global
Certificate for each maturity,, deposited with the Depository by the Purchaser and
immobilized as provided in Section 2.14. No beneficial owners of interests. in the
Bonds will receive certificates representing their respective interests in the Bonds
except as provided in Section 2.14. Except as so provided, during the term of the
Bonds, beneficial ownership.(and subsequent transfers of beneficial ownership) of
interests in the Global Certificates will be reflected by book entries made on the
records of the Depository and its Participants and other banks, brokers, and dealers
participating in the National System. ,, The Depository's book entries of beneficial
ownership interests are authorized to be in integral increments of $5,000, despite the
larger authorized denominations of the Global Certificates. Payment of principal of,
premium, if any, and interest on the Global Certificates will be made to the Bond
Registrar as paying agent, and in turn by the Bond Registrar to the Depository or its
nominee as registered owner of the Global Certificates, and the Depository according
to the laws and rules governing it will receive and forward payments on behalf of
the beneficial owners of the Global Certificates.
2.13. Depository. Letter Agreement. - There has been- submitted to this
Council a form of letter agreement between the Bond Registrar and the Depository.
Such letter agreement' (the Depository Letter Agreement) is hereby approved. The
Bond Registrar, the Mayor and the Manager are hereby authorized and directed to
M
execute the Depository Letter Agreement in substantially the form submitted, with
only such variations therein as may be required to complete the Depository Letter
Agreement, or which are not, in the opinion of the Issuer Attorney and bond
counsel, materially adverse to the interests of the Issuer.
2.14. Immobilization of Global Certificates by the Depository; Successor
Depository -and Replacement Bonds. Pursuant to the request of the Purchaser to the
Depository, immediately upon the original delivery of the Bonds the Purchaser will
deposit the Global Certificates representing all of the Bonds with the Depository.
The Global Certificates shall be in typewritten form or otherwise as acceptable to the
Depository, shall be registered in the name of the Depository or its nominee and
shall be held immobilized from circulation at the offices of the Depository. The
Depository or its nominee will be the sole holder of record of the Global Certificates
and no investor or other party purchasing, selling or otherwise transferring
ownership of interests in any Bond is to receive, hold or deliver any Global
Certificates so long as the Depository holds the Global Certificates immobilized from
circulation, except as provided below in this Section.
Global Certificates evidencing the Bonds may not, after their original
delivery, be transferred or exchanged except:
(i) To any successor of the Depository (or its nominee) or any substitute
depository (a "Substitute Depository") designated pursuant to clause (iii) of this
subparagraph, provided that any successor of the Depository or any Substitute
Depository must be both a "clearing corporation" as defined in the Minnesota
Uniform Commercial Code, Minnesota Statutes, Section 336.8 -102, and a
qualified and registered "clearing agency" as provided in Section 17A of the
Securities Exchange Act of 1934, as amended,
(ii) To a Substitute Depository designated by and acceptable to the Issuer
upon (a) the determination by the Depository that the Bonds shall no longer be
eligible for its depository services or (b) a determination by the Issuer that the
Depository is no longer able to carry out its functions, provided that any
Substitute Depository must be qualified to act as such, as provided in clause (i)
of this subparagraph, or
(iii) In the event that:
(a) the Depository shall resign or discontinue its services for the Bonds
and the Issuer is unable to locate a Substitute Depository within two (2) months
following the . resignation or discontinuance, or
(b) the Issuer determines in its sole discretion that (1) the continuation of
the book entry system described herein might adversely affect the interests of
-7-
the beneficial owners of the Bonds, or (2) that it is in the best interest of the
beneficial owners of the Bonds that they obtain certificated Bonds,
in either of which events the Issuer shall notify Holders of its determination and
the Issuer, the Bond Registrar and the Depository shall cooperate in providing
certificates (the "Replacement Bonds ") to Holders and the registration, transfer and
exchange of such Bonds shall thereafter be conducted as provided in Section 2.09
hereof.
In the,event of a replacement of the Depository as may be authorized by
the second paragraph of this Section, the Bond Registrar upon presentation of
Global Certificates shall register their transfer to the substitute or successor
depository, and the substitute or successor depository shall be treated as the
Depository for all purposes and functions under this resolution. The Depository
Letter Agreement shall not apply to a Substitute Depository unless the Issuer and
the Substitute Depository so agree, and a similar agreement may be entered into.
Section 3. Use of Proceeds and Escrow Account. The proceeds of the
Bonds in the amount of $1,076,282.45 are irrevocably appropriated for the payment
of interest to become due on the Bonds to and including February 1, 1995 (the
Crossover Date), and for the payment and redemption of the principal amount of
the Refunded Bonds on the Crossover Date. The Finance Director is hereby
authorized and directed, simultaneously with the delivery of the Bonds, to deposit
the proceeds thereof, to the extent described above, in escrow with Norwest Bank
Minnesota, National Association, in Minneapolis, Minnesota (the Escrow Agent), a
banking institution whose deposits are insured by the Federal Deposit Insurance
Corporation and whose combined capital and surplus is not less than $500,000, and
shall invest the funds so deposited in securities authorized for such purpose by
Minnesota Statutes, Section 475.67, subdivision 8, maturing on such dates and
bearing interest at such rates as are required to provide funds sufficient, with cash
retained in the escrow account, to make the above - described payments. The Mayor
and Manager are hereby authorized to enter into an Escrow Agreement with the
Escrow Agent establishing the terms and conditions for the escrow account in
accordance with Minnesota Statutes, Section 475.67. Of the remaining proceeds of
the Bonds, $12,192.43 shall be applied to pay issuance expenses and $-0- shall be
deposited in the Sinking Fund created pursuant to Section 4 hereof.
Section 4. General Obligation Improvement Refunding Bond Sinking
Fund. The Bonds shall be payable from a separate Series 1992E General Obligation
Improvement Refunding Bond Sinking Fund (the Sinking Fund) which shall be
created and maintained on the books of the Issuer as a separate debt redemption
fund until the Bonds, and all interest thereon, are fully paid. There shall be credited
to the Sinking Fund the following:
(a) Any amount initially deposited therein pursuant to Section 3 hereof.
(b) All receipts of principal and interest on the investments held in the
escrow account established in Section 3 to and including the Crossover Date (other
than the sum of $1,045,000 received from maturing investments on the Crossover
Date to be used to redeem the Refunded Bonds).
(c) On the Crossover Date following payment of all principal and interest
on the Prior Bonds all amounts in the sinking fund established for the payment of
the Prior Bonds.
(d) After the Crossover Date all collections of special assessments levied
to pay the costs of the Improvements.
(e) All taxes levied and all other money which may at any time be
received for or appropriated to the payment of the principal of or interest on the
Bonds, including all taxes levied pursuant to Section 5 hereof.
(f) Any other funds appropriated by the Council for the payment of the
Bonds.
Section 5. Pledge of Taxing Powers. For the prompt and full payment of
the principal of and interest on the Bonds as such payments respectively become
due, the full faith, credit and unlimited taxing powers of the Issuer shall be and are
hereby irrevocably pledged. It is, however, presently estimated that the funds
appropriated pursuant to Section 4 hereof will, following the Crossover Date,
provide sums not less than 5% in excess of principal and interest on the Bonds
when due, and therefore no tax levy is presently required.
Section 6. Defeasance. When all of the Bonds have been discharged as
provided in this section, all pledges, covenants and other rights granted by this
resolution to the registered owners of the Bonds shall cease. The Issuer may
discharge its obligations with respect to any Bonds which are due on any date by
depositing with the Registrar on or before that date a sum sufficient for the payment
thereof in full; or, if any Bond should not be paid when due, it may nevertheless be
discharged by depositing with the Registrar a sum sufficient for the payment thereof
in full with interest accrued from the due date to the date of such deposit. The
Issuer may also discharge its obligations with respect to any prepayable Bonds called
for redemption on any date when they are prepayable according to their terms, by
depositing with the Registrar on or before that date an amount equal to the
principal, interest and redemption premium, if any, which are then due, provided
that notice of such redemption has been duly given as provided herein. The Issuer
may also at any time discharge its obligations with respect to any Bonds, subject to
0
the provisions of law now or hereafter authorizing and regulating such action, by
depositing irrevocably in escrow, with a bank qualified by law as an escrow agent for
this purpose, cash or securities which are authorized by law to be so deposited,
bearing interest payable at such time and at such rates and maturing or callable at
the holder's option on such dates as shall be required to pay all principal, interest
and redemption premiums to become due thereon to maturity or said redemption
date.
Section 7. Registration of Bonds. The Clerk is hereby authorized and
directed to file a certified copy of this resolution with the County Auditor of
Hennepin County and obtain a certificate that the Bonds have been duly entered
upon the Auditor's bond register as required by law.
Section 8. Authentication of Transcriyt. The officers of the Issuer and
County Auditor of Hennepin County are hereby authorized and directed to prepare
and furnish to the Purchaser and to Dorsey & Whitney, Bond Counsel, certified
copies of all proceedings and records relating to the Bonds and such other affidavits,
certificates and information as may be required to show the facts relating to the
legality and marketability of the Bonds, as the same appear from the books and
records in their custody and control or as otherwise known to them, and all such
certified copies, affidavits and certificates, including any heretofore furnished, shall
be deemed representations of the Issuer as to the correctness of all statements
contained therein.
Section 9. Tax Covenant. The Issuer covenants and agrees with the
holders from time to time of the Bonds that it will not take or permit to be taken by
any of its officers, employees or agents any action which would cause the interest on
the Bonds to become subject to taxation under the Internal Revenue Code of 1986, as
amended (the Code), and the Treasury Regulations promulgated thereunder (the
Regulations), and covenants to take any and all actions within its powers to ensure
that the interest on the Bonds will not become subject to taxation under the Code
and the Regulations. The Issuer will cause to be filed with the Secretary of Treasury
an information reporting statement in the form and at the time prescribed by the
Code. The Improvements are and will be owned and maintained by the Issuer and
available for use by members of the general public on a substantially equal basis.
The Issuer has not and shall not enter into any lease, use or other agreement with
any nongovernmental person relating to the use of such improvements or security
for the payment of the Bonds which might cause the Bonds to be considered
"private activity bonds" or "private loan bonds" within the meaning of Section 141
of the Code.
The Mayor and Manager, being the officers of the Issuer charged with the
responsibility for issuing the Bonds pursuant to this resolution, are authorized and
directed to execute and deliver to the Purchaser a certificate in accordance with the
provisions of Section 148 of the Code, and Sections 1-.103-13,1.103-14 and 1.103 -15 of
the Regulations, stating the facts, estimates and circumstances in existence on the
date of issue and delivery of the Bonds which make it reasonable to expect that the
proceeds of the Bonds will not be used in a manner that would cause the Bonds to
be arbitrage bonds within the meaning of the Code and Regulations.
Section 10. Arbitrage Rebate. The Issuer acknowledges that the Bonds are
subject to the rebate requirements of Section 148(f) of the Code. The Issuer
covenants and agrees to retain such records, make such determinations, file such
reports and documents and pay such amounts at such times as are required under
said Section 148(f) and applicable Treasury Regulations to preserve the exclusion
interest on the 'Bonds from gross income for federal income tax purposes. In
furtherance of the foregoing, the Finance Director is hereby authorized and directed
to execute a Rebate Certificate setting forth the undertakings of the Issuer to comply
with, the foregoing requirements, and the Issuer hereby covenants and agrees to
observe and perform the covenants and agreements contained therein, unless
amended or terminated in accordance with the provisions thereof.
Section 11. No Designation of Qualified Tax- Exempt Obligations. The
Bonds shall not be designated as "qualified tax - exempt obligations" for purposes of
Section 265(b)(3) of the Code.
Section 12. Severability. If any section, paragraph or provision of this
resolution shall be held to be invalid or unenforceable for any reason, the invalidity
or unenforceability of such section, paragraph or provision shall not affect any of the
remaining provisions of this resolution.
Section 13. Headings. Headings in this resolution are included for
convenience of reference, only and are not a part hereof, and shall not limit or
define the meaning of any provision hereof.
Section 14. Official Statement. The Official Statement relating to the
Bonds, dated September 21, 1992, prepared and delivered on behalf of the Issuer by
Springsted Incorporated, is hereby approved, and the officers of the Issuer are hereby
authorized and directed to execute such certificates as may be appropriate concerning
the accuracy, completeness and sufficiency thereof. Springsted Incorporated, is
hereby authorized on behalf of the Issuer to prepare and distribute to the Purchaser
and a supplement to the Official Statement listing the offering price, the interest
rates, selling compensation, delivery date, the underwriters and such other
information relating to the Bonds required to be included in the Official Statement
by Rule 15c2 -12 adopted by the Securities and Exchange Commission under the
Securities Exchange Act of 1934. Within seven business days from the date hereof,
the Issuer shall deliver to the Purchaser 50 copies of the Official Statement and such
supplement. The officers of the City are hereby authorized and directed to execute
Bit
such notes as may be appropriate concerning the accuracy, completeness and
sufficiency of the Official Statement.
Section 15. Redemption of Refunded Bonds. The Issuer hereby calls the
Refunded Bonds for redemption and prepayment on the Crossover Date. The
Finance Director shall cause notice of the redemption of the Refunded Bonds to be
given in the manner required by the resolution authorizing the Prior Bonds.
Adopted this 5th day of October, 1992.
Attest: /s/ Marcella M. Daehn
Clerk
/s/ Frederick S. Richards
Mayor
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The motion for the adoption of the foregoing resolution was duly
seconded by Councilmember Paulus and upon vote being taken thereon, the
following voted in favor thereof: Mayor Richards, Councilmembers Kelly, Paulus
and Rice
and the following voted against the same: None
whereupon the resolution was declared duly passed and adopted.
-13-
EXHIBIT A -
[FORM OF GLOBAL CERTIFICATE]
UNITED STATES OF AMERICA
STATE OF MINNESOTA
COUNTY OF HENNEPIN
ow
GENERAL OBLIGATION IMPROVEMENT REFUNDING BOND, SERIES 1992E
INTEREST MATURITY DATE OF
RATE DATE ORIGINAL ISSUE CUSIP
November 1, 1992
REGISTERED OWNER:
PRINCIPAL AMOUNT:
THE CITY OF EDINA, County of Hennepin, State of Minnesota (the
"Issuer "), certifies that it is indebted and for value received promises to pay to the
registered owner specified above or on the certificate of registration attached hereto,
or registered assigns, in the manner hereinafter set forth, the principal amount
specified above, on the maturity date specified above, without option of prior
payment, and to pay interest thereon semiannually on February 1 and August 1 of
each year (each, an "Interest Payment Date "), commencing August 1, 1993, at the rate
per annum specified above (calculated on the basis of a 360 -day year of twelve 30-day
months) until the principal sum is paid or has been provided for. This Bond will
bear interest from the most recent Interest Payment Date to which interest has been
paid or, if no interest has been paid, from the date of original issue hereof. The
principal of and premium, if any, on this Bond are payable by wire transfer (or other
agreed means of payment), in next day funds or its equivalent, on each payment
date no later than 12:00 noon (Chicago, Illinois time) upon presentation and
surrender hereof at the office of the Finance Director, City of Edina, in Edina,
Minnesota (the "Bond Registrar "), acting as paying agent, or any successor paying
agent duly appointed by the Issuer; provided, however, that upon a partial
redemption of this Bond which results in the stated amount hereof being reduced,
the Holder may in its discretion be paid without presentation of this Bond, and may
make a notation on the panel provided herein of such redemption, stating the
amount so redeemed, or may return the Bond to the Bond Registrar in exchange for
a new Bond in the proper principal amount. Such notation, if made by the Holder,
shall be for reference only, and may not be relied upon by any other person as being
A -1
in any way determinative of the principal amount of this Bond outstanding, unless
the Bond Registrar has signed the appropriate column of the panel. Interest on this
Bond will be paid on each Interest Payment Date (by 12:00 noon, Chicago, Illinois
time) by wire transfer (or other agreed means of payment) in next day funds or its
equivalent to the person in whose name this Bond is registered (the "Holder" or
"Bondholder ") on the registration books of the Issuer maintained by the Bond
Registrar and at the address appearing thereon at the close of business on the
fifteenth calendar day preceding such Interest Payment Date (the "Regular Record
Date "). Any interest not so timely paid shall cease to be payable to the person who is
the Holder hereof as of the Regular Record Date, and shall be payable to the Person
who is the Holder hereof at the close of business on a date (the "Special Record
Date ") fixed by the Bond Registrar whenever money becomes available for payment
of the defaulted interest. Notice of the Special Record Date shall be given to
Bondholders not less than ten (10)days prior to the Special Record Dater The
principal of and premium, if any, and interest on this Bond are payable in lawful
money of the-United States of America.
This Bond shall not be valid or become obligatory for any purpose or be
entitled to any security unless the Certificate of Authentication hereon shall have
been executed by the Bond Registrar.
Date of Payment Not Business Day. If the date for payment of the
principal of, premium, if any, or interest on this Bond shall be a Saturday, Sunday,
legal holiday or a day on which banking institutions in the City of New York, New
York, or the city where the principal office of the Bond Registrar is located are
authorized by law or executive order to close, then the date for such payment shall
be the next succeeding day which is not a Saturday, Sunday, legal holiday or a day on
which such banking institutions are authorized to close, and payment on such date
shall have the same force and effect as if made on the nominal date of payment.
Redemption. The Bonds are not subject to redemption and prepayment.
Issuance; Purpose. This Bond is one of an issue in the total principal
amount of $1,095,000, all of like date of original issue and tenor, except as to number,
maturity, interest rate and denomination, which Bond has been issued pursuant to
and in full conformity with the Constitution and laws of the State of Minnesota and
pursuant to a resolution adopted by the City Council on October 5, 1992 (the
"Resolution "), to refund certain outstanding general obligation improvement bonds
of the Issuer previously issued to finance improvements (the "Improvements ") .
undertaken by the Issuer pursuant to Minnesota Statutes, Chapter 429, and is issued
pursuant to and in full conformity with the provisions of the Constitution and laws
of the State of Minnesota thereunto enabling, including Minnesota Statutes,
Chapters 429 and 475. This Bond is payable primarily from the Series 1992E General
Obligation Improvement Refunding Bond Fund (the "Fund ") of the City, but the
A -2
City is required by law to pay maturing principal hereof and interest thereon out of
any funds in the treasury, if moneys on hand in the Fund are insufficient therefor.
Denominations; Exchange; Resolution. The Bonds are issuable originally'
only as Global Certificates in the denomination of the entire principal amount of
the series maturing on a single date. Global Certificates are not exchangeable for
fully registered bonds of smaller denominations except in the event of a partial
redemption as above provided or in exchange for Replacement Bonds if then
available. Replacement Bonds, if made available as'provided below, are issuable
solely as fully registered bonds in the denominations of $5,000 and integral
multiples thereof of a single maturity and are exchangeable for fully registered
Bonds of other. authorized denominations in equal aggregate principal amounts at
the principal office of the Bond Registrar, but only in the manner and subject to the
limitations provided in the Resolution. Reference is hereby made to the Resolution
for a description of the rights and duties of the Bond Registrar. Copies of the
Resolution are on file in the principal office of the Bond Registrar.
Replacement Bonds. Replacement Bonds may be issued by the Issuer:
(a) If Midwest Securities Trust Company (the "Depository") shall resign
or discontinue its services for the Bonds, and only if the Issuer is unable to
locate a substitute depository within two (2) months following the resignation
or discontinuance, or
(b) upon a determination by the Issuer in its sole discretion that (1) the
continuation of the book -entry system described in the Resolution might
adversely affect the interests of the beneficial owners of the Bonds, or (2) that it
is in the best interest of the beneficial owners of the Bonds that they obtain
certificated Bonds.
Transfer. This Bond shall be registered in the name of the payee on the
books of the Issuer by presenting this Bond for registration to the Bond Registrar,
who will endorse his, her or its name and note the date of registration opposite the
name of the payee in the certificate of registration attached hereto. Thereafter this
Bond may be transferred by delivery with an assignment duly executed by the
Holder or the Holder's legal representatives, and the Issuer and Bond Registrar may
treat the Holder as the person exclusively entitled to exercise all the rights and
powers of an owner until this Bond is presented with such assignment for
registration of transfer, accompanied by assurance of the nature provided by law that
the assignment is genuine and effective, and until such transfer is registered on said
books and noted hereon by the Bond Registrar, all subject to the terms and
conditions provided in the Resolution and to reasonable regulations of the Issuer
contained in any agreement with, or notice to, the Bond Registrar.
A -3
., Fees upon Transfer or Loss. The Bond Registrar may require payment of a
sum sufficient to cover any tax or other governmental charge payable in connection
with the transfer or exchange of this Bond and any legal or unusual costs regarding
transfers and lost Bonds.
Treatment of Registered Owner. The Issuer and Bond Registrar may treat
the person in whose name this Bond is registered' as the owner hereof for. the
purpose of receiving payment as herein provided and for all other purposes,
whether or not this Bond shall be overdue, and neither the Issuer nor the Bond
Registrar shall be affected by notice to the contrary.
Authentication. This Bond shall not be valid or become obligatory for
any purpose or be entitled to any security unless the Certificate of Authentication
hereon shall have been executed by the Bond Registrar.
Not Oualified Tax - Exempt Obligations. The Bonds have not been
designated by the Issuer as "qualified tax - exempt obligations" for purposes of
Section 265(b)(3) of the Internal Revenue Code of 1986, as amended.
IT IS HEREBY CERTIFIED AND RECITED that all acts, conditions and
things required by the Constitution and laws of the State of Minnesota to be done, to
happen and to be performed, precedent to and in the issuance of this Bond, in order
to make it a valid and binding general obligation of the Issuer according to its terms,
have been done, have happened and have been performed, in regular and due
form, time and manner as required by law; that, prior to the issuance hereof the City
has levied special assessments for the Improvements collectible with other amounts
appropriated to the payment of the Bonds in the years and amounts required to
produce sums not less than 5% in excess of the principal of and interest on the
Bonds as such principal and interest respectively come due, and has appropriated
the same to the Fund in the manner specified in Minnesota Statutes, Section
429.091, subdivision 4; that to take care of any accumulated or anticipated deficiency
in the Fund ad valorem taxes will be levied upon all taxable property in the Issuer,
without limitation as to rate or amount; and that the issuance of this Bond does not
cause the indebtedness of the Issuer to exceed any constitutional or statutory
limitation of indebtedness.
A -4
IN WITNESS WHEREOF, the City of Edina, Minnesota, by its City
Council has caused this Bond to be executed on its behalf by the signatures of the
Mayor and City Manager and has caused this Bond to be dated as of the date set forth
below.
Date of Registration:
within.
CITY OF EDINA, MINNESOTA
Mayor
City Manager
BOND REGISTRAR'S CERTIFICATE OF AUTHENTICATION
This Bond is one of the Bonds described in the Resolution mentioned
A -5
FINANCE DIRECTOR,
CITY OF EDINA, MINNESOTA
Bond Registrar
By
CERTIFICATE OF REGISTRATION
The transfer of ownership of the principal amount of the attached Bond may be
made only by the registered owner or -the owner's legal representative last noted
below.
DATE OF SIGNATURE OF
REGISTRATION REGISTERED OWNER BOND REGISTRAR
A -6
ABBREVIATIONS
The following abbreviations, when used in the inscription on the face of
this Bond, shall be construed as though they were written out in full according to
applicable laws or regulations:
TEN CO
TEN ENT
JT TEN -
UTMA -
under the
M - as tenants in common
- as tenants by the entireties
as joint tenants with right of survivorship
and not as tenants in common
as custodian for
(Cust) (Minor)
Uniform Transfers to Minors Act
(State)
Additional abbreviations may also be used though not in the above list.
A -7
ASSIGNMENT
For value received, the undersigned hereby sells, assigns and transfers
unto the within Bond and does
hereby irrevocably constitute and appoint
attorney to transfer the Bond on the books kept for the registration
power of substitution in the premises.
Dated:
Signature Guaranteed:
Please insert social security or other
identifying number of assignee:
thereof, with full
Notice: The assignor's signature to this
assignment must correspond with the name
as it appears upon the face of the within Bond
in every particular, without alteration or any
change whatever. Signature(s) must be
guaranteed by a national bank or trust
company or by a brokerage firm having a
membership in one of the major stock
exchanges.
W:3
[Form of Non - Global Bond]
UNITED STATES OF AMERICA
STATE OF MINNESOTA
COUNTY OF HENNEPIN
CITY OF EDINA
R- $
GENERAL OBLIGATION IMPROVEMENT REFUNDING BOND, SERIES 1992E
INTEREST MATURITY DATE OF
RATE DATE ORIGINAL ISSUE CUSIP
November 1, 1992
REGISTERED OWNER:
PRINCIPAL AMOUNT:
THE CITY OF EDINA, County of Hennepin, State of Minnesota (the
"Issuer "), certifies that it is indebted and for value received promises to pay to the
registered owner specified above or registered assigns, in the manner hereinafter set
forth, the principal amount specified above, on the maturity date specified above,
without option of prior payment, and to pay interest thereon semiannually on
February 1 and August 1 of each year (each, an "Interest Payment Date "),
commencing August 1, 1993, at the rate per annum specified above (calculated on
the basis of a 360 -day year of twelve 30 -day months) until the principal sum is paid
or has been provided for. This Bond will bear interest from the most recent Interest
Payment Date to which interest has been paid or, if no interest has been paid, from
the date of original issue hereof. The principal of and premium, if any, on this
Bond are payable upon presentation and surrender hereof at the office of the
Finance Director, City of Edina, in Edina, Minnesota (the 'Bond Registrar "), acting as
paying agent, or any successor paying agent duly appointed by the Issuer. Interest on
this Bond will be paid on each Interest Payment Date by check or draft mailed to the
person in whose name this Bond is registered (the "Holder" or 'Bondholder ") on
the registration books of the Issuer maintained by the Bond Registrar and at the
address appearing thereon at the close of business on the fifteenth calendar day
preceding such Interest Payment Date (the "Regular Record Date "). Any interest not
so timely paid shall cease to be payable to the person who is the Holder hereof as of
the Regular Record Date, and shall be payable to the person who is the Holder
B -1
hereof at the close of business on a date (the Special Record Date ") fixed by the Bond
Registrar whenever money becomes available for payment of the defaulted interest.
Notice of the Special Record Date shall be given to Bondholders not less than ten
(10) days prior to the Special Record Date. The principal of and premium, if any, and
interest on this Bond are payable in lawful money of the United States of America.
REFERENCE IS HEREBY MADE TO THE FURTHER PROVISIONS OF
THIS BOND SET FORTH ON THE REVERSE HEREOF, WHICH PROVISIONS
SHALL FOR ALL PURPOSES HAVE THE SAME EFFECT AS IF SET FORTH HERE.
IT IS HEREBY CERTIFIED AND RECITED that all acts, conditions and
things required by the Constitution and laws of the State of Minnesota to be done, to
happen and to be performed, precedent to and in the issuance of this Bond in order
to make it a valid and binding general obligation of the Issuer according to its terms,
have been done, have happened and have been performed, in regular and due
form, time and manner as required by law; that .prior to the issuance hereof the City
has levied special assessments for the Improvements collectible with other amounts
appropriated to the payment of the Bonds in the years and amounts required to
produce sums not less than 5% in excess of the principal of and interest on the
Bonds as such principal and interest respectively come due, and has appropriated
the same to the Fund in the manner specified in Minnesota Statutes, Section
429.091, subdivision 4; that to take care of any accumulated or anticipated deficiency
in the Fund ad valorem taxes will be levied upon all taxable property in the Issuer,
without limitation as to rate or amount; and that the issuance of this Bond does not
cause the indebtedness of the Issuer to exceed any constitutional or statutory
limitation of indebtedness.
IN WITNESS WHEREOF, the City of Edina, Minnesota, by its City
Council has caused this Bond to be executed, on its behalf by the facsimile signatures
of the Mayor and City Manager and has caused this Bond to be dated as of the date
set forth below.
Date of Registration:
CITY OF EDINA, MINNESOTA
Mayor
City Manager
within.
BOND REGISTRAR'S CERTIFICATE OF AUTHENTICATION
This Bond is one of the Bonds described in the Resolution mentioned
FINANCE DIRECTOR,
CITY OF EDINA. MINNESOTA
Bond Registrar
By
(ON REVERSE OF BOND)
Date of Payment Not Business Day. If the date for payment of the
principal of, premium, if any, or interest on this Bond shall be a Saturday, Sunday,
legal holiday or a day on which banking institutions in the City of New York, New
York, or the city where the principal office of the Bond Registrar is located are
authorized by law or executive order to close, then the date for such payment shall
be the next succeeding day which is not a Saturday, Sunday, legal holiday or a day on
which such banking institutions are authorized to close, and payment on such date
shall have the same force and effect as if made on the nominal date of payment.
Issuance; Purpose. This Bond is one of an issue in the total principal
amount of $1,095,000 all of like date of original issue and tenor, except as to number,
maturity, interest rate and denomination, which Bond has been issued pursuant to
and in full conformity with the Constitution and laws of the State of Minnesota,
and pursuant to a resolution adopted by the City Council on October 5, 1992 (the
"Resolution "), to refund certain outstanding general obligation improvement bonds
of the Issuer previously issued to finance a portion of the costs of constructing
improvements (the "Improvements ") to the Issuer pursuant to Minnesota Statutes,
Chapter 429, and is issued pursuant to and in full conformity with the provisions of
the Constitution and laws of the State of Minnesota thereunto enabling, including
Minnesota Statutes, Chapters 429 and 475. This Bond is payable primarily from the
Series 1992E General Obligation Improvement Refunding Bond Fund (the "Fund ")
of the City, but the City is required by law to pay maturing principal hereof and
interest thereon out of any funds in the treasury, if moneys on hand in the Fund are
insufficient therefor.
Redemption. The Bonds are not subject to redemption and prepayment.
Denominations; Exchange; Resolution. The Bonds are issuable solely as
fully registered bonds in the denominations of $5,000 and integral multiples thereof
B -3
of a single maturity and are exchangeable for fully registered Bonds of other
authorized denominations in equal aggregate principal amounts at the principal
office of the Bond Registrar, but only in the manner and subject to the limitations
provided in the Resolution. Reference is hereby made to the Resolution for a
description of the rights and duties of the Bond Registrar. Copies of the Resolution
are on file in the principal office of the Bond Registrar.
Transfer. This Bond is transferable by the Holder in person or by the
Holder's attorney duly authorized in writing at the principal office of the Bond
Registrar upon presentation and surrender hereof to the Bond Registrar, all subject
to the terms and conditions provided in the Resolution and to reasonable
regulations of the Issuer contained in any agreement with the Bond Registrar.
Thereupon the Issuer shall execute and the Bond Registrar shall authenticate and
deliver, in exchange for this Bond, one or more new fully registered Bonds in the
name of the transferee (but not registered in blank or to "bearer" or similar
designation), of an authorized denomination or denominations, in aggregate
principal amount equal to the principal amount of this Bond, of the same maturity
and bearing interest at the same rate.
Fees upon Transfer or Loss. The Bond Registrar may require payment of a
sum sufficient to cover any tax or other governmental charge payable in connection
with the transfer or exchange of this Bond and any legal or unusual costs regarding
transfers and lost Bonds.
Treatment of Registered Owner. The Issuer and Bond Registrar may treat
the person in whose name this Bond is registered as the owner hereof for the
purpose of receiving payment as herein provided and for all other purposes,
whether or not this Bond shall be overdue, and neither the Issuer nor the Bond
Registrar shall be affected by notice to the contrary.
Authentication. This Bond shall not be valid or become obligatory for
any purpose or be entitled to any security unless the Certificate of Authentication
hereon shall have been executed by the Bond Registrar.
Not Qualified Tax- Exempt Obligations. The Bonds have not been
designated by the Issuer as "qualified tax - exempt obligations" for purposes of
Section 265(b)(3) of the Internal Revenue Code of 1986, as amended.
B -4
ABBREVIATIONS
The following abbreviations, when used in the inscription on the face of
this Bond, shall be construed as though they were written out in full according to
applicable laws or regulations:
TEN COM - as tenants in common
TEN ENT - as tenants by the entireties
JT TEN - as joint tenants with right of survivorship
and not as tenants in common
UTMA - as custodian for
(Cust) (Minor)
under the Uniform Transfers to Minors Act
(State)
Additional abbreviations may also be used though not in the above list.
ASSIGNMENT
For value received, the undersigned hereby sells, assigns and transfers
unto the within Bond and does
hereby irrevocably constitute and appoint
attorney to transfer the Bond on the books kept for the registration
power of substitution in the premises.
Dated:
thereof, with full
Notice: The assignor's signature to this
assignment must correspond with the name
as it appears upon the face of the within Bond
in every particular, without alteration or any
change whatever. Signature(s) must be
guaranteed by a national bank or trust
company or by a brokerage firm having a
membership in one of the major stock
exchanges.
Signature Guaranteed:
Please insert social security or other
identifying number of assignee:
BID AWARDED FOR NEF NINE HOLE GOLF COURSE AT BRAEMAR Manager Rosland said he had
asked that the award of bid for the new nine hole golf course at Braemar be
removed from the Consent Agenda, pending award of bids for the General Obligation
Recreational Facility Bonds. Notion was made by Member Rice and was seconded by
Member Kelly for award of bid for construction of the new nine hole golf course
at Braemar to recommended low bidder, Arnt Construction Co., Inc., at
$1,254,711.73.
Rollcall:
Ayes: Kelly, Paulus, Rice, Richards
Bid awarded.
BID AWARDED FOR RECONSTRUCTION OF NORMANDALE NINE HOLE GOLF COURSE Manager
Rosland said he had asked the award of bid for reconstruction of Normandale Golf
Course to be removed from the Consent Agenda, pending award of bids for the
General Obligation Recreational Facility Bonds. Notion was made by Member Rice
and was seconded by Member Kelly for award of bid for reconstruction of
Normandals nine hole golf course to recommended low bidder, Rehbein Excavating,
Inc., at $877,940.15.,
Rollcall:
Ayes: Kelly, Paulus, Rice, Richards
Bid awarded.
*AWARD OF BID CONTINUED TO 10/19/92 FOR NORMANDALE GOLF COURSE DRIVEWAY Notion
was made by Member Paulus and was seconded by Member Kelly to continue award of
bid to October 19, 1992, for the Normandale Golf Course driveway.
Motion carried on rollcall vote - four ayes.
*BID AWARDED FOR CONSTRUCTION OF THREE SOCCER FIELDS (CREEK VALLEY SCHOOL PARK)
Notion was made by Member Paulus and was seconded by Member Kelly for award of
bid for construction of three soccer fields at Creek Valley School Park to
recommended low bidder, Perkins Landscape Contractors, at $10,844.00.
Motion carried on rollcall vote - four ayes.
COMLMITY HEALTH BOARD CANDIDATE ELECTED TO REGIONAL COORDINATING BOARD
Sanitarian Velde explained that in 1992, the legislature passed a bill which
created the Minnesota Health Care Commission which is charged with the task of
reducing health care costs, monitoring new technology and procedures, and
improving the affordability, accessibility, and quality of health care.
The State is divided into six regions and each region will have a 16 member
Regional Coordinating Board to help address health care issues in each region.
Each Community Health Board may cast one vote to fill the consumer slot on this
Regional Coordinating Board. Four people have indicated an interest in serving
on this Board; the Edina Community Health Board (City Council) may vote for one
candidate. The City Council may wish to consider Coral Houle, who serves on the
Bloomington City Council, for this position. She has been active in health care
issues for many years.
Member Rice introduced the following resolution and moved its adoption:
RESOLUTION ELECTING CANDIDATE TO
REGIONAL COORDINATING BOARD
BE IT RESOLVED by the City Council of Edina, Minnesota, that it hereby elects
Coral S. Houle (Bloomington Public Health) as a candidate for appointment by
Governor Carlson to the Regional Coordinating Board - Metro Region.
Motion was seconded by Mayor Richards.
Ayes: Kelly, Paulus, Rice, Richards
Resolution adopted.
REAPPOINTMENTS MADE TO THE EDINA FOUNDATION BOARD Mayor Richards explained that
the terms of Michael Kelly and James Hovland on The Edina Foundation Board were
up as of June, 1992, and he would recommend reappointment for three year terms.
He also reminded the Council of one vacancy (Council appointment) for an
unexpired term to June, 1993.
Member Paulus made a motion to reappoint Michael Kelly and James Hovland to The
Edina Foundation Board of Directors for terms to June, 1995. Motion was seconded
by Member Rice.
Ayes: Kelly, Paulus, Rice, Richards
Motion carried.
*RESOLUTION ADOPTED SETTING CHARGES FOR COPIES OF EDINA CITY CODE
Motion was made by Member Paulus and was seconded by Member Kelly for adoption of
the following resolution:
RESOLUTION SETTING CHARGES FOR COPIES
OF EDINA CITY CODE
BE IT RESOLVED by the City Council of Edina. Minnesota, that it hereby
establishes the following charges for copies of the Edina City Code, pursuant to
Ordinance No. 1, Section 9, adopted by the Council on August 3, 1992: ,
Edina City Code $100.00
Section 850 (Zoning Ordinance) 20.00
Section 810 (Plats and Subdivisions) 8.00
Section 460 (Signs) 5.00
All other Sections .35 per page
Motion carried on rollcall vote - four ayes.
UPDATE GIVEN ON METRO 2015 REPORT Manager Rosland mentioned that he and Member
Rice had attended one of the two scheduled breakfast meetings hosted by the
Metropolitan Council regarding the Metro 2015 Report. Comments from cities had
been sought earlier and the Metropolitan Council representatives urged the
municipalities to stay tuned in. Member Kelly reported that she had attended a
breakfast meeting the week before and many of those in attendance felt some of
the visions and goals were "pie in the sky" ideas. Manager Rosland commented
that more and more cities are now saying "leave us alone ". Member Rice said
that, although the 2015 Report was well written, it was difficult to react to.
1993 ML.0 LEGISLATIVE PROGRAM DISCUSSED Manager Rosland commented that he had
received the 1993 Tentative MLC Legislative Program and General Philosophy
Statement recently. Generally.speaking, this is the same position that the MLC
has represented for a number of years.
Mayor Richards referred to the General Philosophy Statement of the 12 suburbs,
noting that the number is down from 15. Further, the statement that "They also
experience unique problems associated with suburban communities such as high
demands for new infrastructures, schools, and expanded city services" does not
hold true for all the member cities. He pointed out that we need to be aware
that there are some differences among the group and that, for example, Edina does
not share in local government aid. He asked that the matter be back on the
October 19, 1992, Council Agenda for further discussion and suggested staff
analyze what this means for Edina.
ANN POSITION PAPERS DISCUSSED Manager Rosland advised that the Association of
Metropolitan Municipalities (AMM) has developed position papers on the following
issues and has asked cities to educate and elicit responses from legislative
candidates:
A. Local Government Trust Fund.
B. Local Government Aid (LGA) /Homestead Credit Aid - Sales Tax.
C. Transportation Funding.
D. Metropolitan Governance.
It was the consensus of the Council that copies be sent to legislative candidates
asking for their comments.
JOINT COUNCIL /SCHOOL BOARD MEETING SCHEDULED FOR 10/26192 Manager Rosland
advised that a joint Council /School Board meeting has been tentatively set for
5:00 P.M. on October 26, 1992, following which the School Board will hold its
regular meeting.
CORNWELL LETTER REGARDING BROWNDALE BRIDGE NOTED Manager Rosland informed
Council of a letter dated September 28, 1992, from Ron Cornwell, 4905 Browndale
Avenue, directed to the Traffic Safety Committee. Mr. Cornwell had expressed
concern about a "close call" on Browndale Bridge recently and his frustration
that attempts to reduce traffic on this street are being delayed.
Manager Rosland said the issue is not only the Browndale Bridge but the whole
Wooddale area and suggested that a response be sent about the process that is
taking place, e.g, traffic counts, evaluation of structural and functional
adequacy of the bridge, etc. It was the consensus of the Council that the
Manager so advise Mr. Cornwell.
PUBLICITY FOR EDINA CHEMICAL AWARENESS WEEK ANNOUNCED Manager Rosland advised
that Edina Chemical Awareness Week will be the week of November 15, 1992. If
enough donations are received, the three Edina water towers would be decorated
with red ribbons depicting the week. Additional publicity efforts will include
posters, red ribbons and the wearing of red clothing on one day.
CLAIMS PAID Motion was made by Member Paulus and was seconded by Member Kelly to
approve payment of the following claims as shown in detail on the Check Register
dated October 5, 1992, and consisting of 24 pages; General Fund $291,890.98;
Cab;e $1,201.29; Working Capital Fund $5,031.56; Art Center $10,839.70; Capital
Find $1,987.74; Golf Course $48,142.80; Arena $13,971.82; Gun Range $297.29;
Edinborough /Centennial Lakes $29,005.22; Utilities $364,105.79; Storm Sewer
$2,300.90; Liquor $10,348.42; Construction Fund $7,986.99 TOTAL $787,110.50.
Motion carried on rollcall vote - four ayes.
There being no further business on the Council Agenda, Mayor Richards declared
the meeting adjourned at 10:40 P.M.
City Clerk
i`
o ei v
O
REPORT /RECOMMENDATION
To: MAYOR AND COUNCIL
From: GORDON L. HUGHES
Date: OCTOBER 19, 1992
Subject:
STREETSCAPE IMPROVEMENT
NO. HRA 90 -10 - 50th STREET
AND FRANCE AVENUE BUSINESS
DISTRICT
Recommendation:
Levy Improvement No. HRA 90 -10.
Info /Background:
Agenda item # I I . A.
Consent ❑
Information Only (7
Mgr. Recommends ❑
To HRA
57
To Cou
Action [E
Motion
❑
Resoiut
F7
Ordinan
El
Discuss
ncii
ion
ce
ion
The subject assessment was continued from the October 5, 1992,
meeting. On October 5, the City received correspondence from
Cineplex Odeon with respect to the Edina Theater. The letter
advises of a discrepancy in the measurement of the theater.
According to Cineplex Odeon, the gross floor area of the building
comprises 14,731 square feet and not 27,835 square feet as listed
on the assessment roles. Staff has reviewed building plans for
the theater and concludes that Cineplex Odeon's measurements do
not include the second story or mezzanine levels of the building.
Therefore, staff recommends that the assessment be levied based
on the original calculation provided in the assessment roles.
r
CINEPLEX ODEON
CORPORATION
5 October 1992
City of Edina
City Hall
4801 West 50th Street
EDINA, Minnesota
55424 -1394
ATTENTION: MARCELLA M. DAEHN - CITY CLERK
RE: Roll NO. 18 -028 -24-41 -0052
Maintenance and Streetscape Improvements
VIA FACSIMILE (612) 927 -7645
Further to your letter dated September 11, 1992 in connection with the above -noted
matter, please be advised that the owner of the property is protesting the proposed
assessment for the following reason:
Discrepancy of square footage measurement. Gross floor area of the building
comprises 14,731 square feet, and not 27,835.
Additionally, the owner objects to the increased tax burdens assessed against the
property.
Yours very truly,
CINEPLEX ODEON CORPORATION
i
i-
Per:
,03 Yonae Street - Toronto. Ontario M4T 2Y9 - Telephone (416) 323 -6600 - Fax 14161 323 -6677 - Cable CINELAW
40
50TH & FRANCE BUILDING
3939 West 50th Street, Suite 200
Edina, Minnesota 55424
Telephone: (612) 920 -2020
October 13, 1992
AGENDA ITEM II.A
The Honorable Fred Richards
4801 West 50th St
Edina, Mn 55424 -1394
i
Dear Fred:
After attending the City Council meeting of October 5, 1992 I feel
a short explanation of my reason for appearing may be in order. I
tried to make it clear at the meeting that I was not objecting to
the amount of the assessment, or to the the work that was
performed necessitating the assessment being levied. My sole
purpose for appearing was to propose a method of providing the
property owners who are receiving the assessment notices with more
information.
The Assistant City Manager, in his explanation of the assessment,
showed a slide that contained all Qf the information that would be
necessary to provide to the property owners. One solution would be
to enclose a copy of this information with the assessment notice.
I think this would certainly solve the problem as I perceive it.
Another, perhaps more simplified method of addressing the problem,
would be to make an addition to the sentence that is now included
in the assessment notice under the bold heading (PROPOSED
ASSESSMENT AGAINST PARTICULAR PROPERTY IS:). Currently the
sentence now reads, the proposed assessment role is now in the
office of the city clerk and is open to public inspection. Perhaps
in addition to the sentence that would also include that
information as to the assessment formula and the basis for the
assessment allocations could also be included as being open for
public inspection. This would allow any of us who are interested
in knowing how these figures are arrived at to gain access to this
information.
After the meeting I spoke briefly with Gordon Hughes the Assistant
city manager and asked him if the information that had been shown
on the slide I made reference to would be available upon request.
He informed me that the information would be available; in fact he
stated that if I called the City Hall he would "flood me with more
facts and figures on the subject than I could handle." I certainly
hope that my statements might generate some-positive changes in
this area in the future, and that the response of the city
of may may be slightly less adverserial.
Th y for your attention in this matter.
Since r ty yours,
It
A.:lr
o
>1f� 0 1 REFORTMECOMMENDATiON
N�P.t]1N•'
To: KENNETH ROSLAND
From: CRAIG LARSEN
Date: OCTOBER 19, 1992
Subject: Z -92 -2 & S -92 -2,
FINAL REZONING AND
FINAL PLAT APPROVAL
FOR VERNON HILL,
DAVID CARLSON CO.
Recommendation:
Agenda Item l III. A.
Consent ( i
Information Only
Mgr. Recommends To HRA
To Council
Action x I
Motion
Resolution
Ordinance
C
Discussion
Staff recommends Final Rezoning and Final Plat Approval subject to
1. Subdivision dedication based upon a unimproved land value of
$4000,000.00
2. Nine Mile Creek Watershed District Grading Permit.
3. Retaining wall plan engineered by and signed by a Registered
Professional Engineer.
Info/ Background.-
One condition of preliminary approval was the granting of proposed
front yard setback variances by the Zoning Board of Appeals. The
Board heard and granted the variances at their October 1st meeting.
minutes of the meeting are attached to this cover.
Nine Mile Creek Watershed District Board will consider a grading
permit for this project at their October 21st meeting. The permit
will cover grading and drainage issues.
The proposed development plans remain the same as those given
preliminary approval by the Council on September 21, 1992.
0
LOCATION MAP
;FORD CT. —�
DI NA WEST AP
FOUNTAINWOOD
APTS.
J
a..
.sue
!Ear
s
VARIANCE
NUMBER B -93 -39
LOCATION North of Hwy 62 and East of 169
W
't
.CREEK '. VlLLEi.:'. .
!O#RK• 1�
CRE6
REQUEST Frontyard setback variance for Vernon Hill,
Double Bungalow Placement
E=DINA PLANNING DEPARTMENT -.
SCALE C-Ad
49
BLIC
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ADD q- 14,L is
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TYPICAL LDT DETAIL
LEGAL DESCRIPTION
A .1 T'. .1 1.111, 1,
DESCRIPTION
Tolat, An"
400 Ac
STREET AIIHI.0-1
KATno LoTs'
...sw Sr.
TOTAL 60 IRIS
nut&" LOT AREA
2M.900 Sr.
mms WE DENSITY
40 MY&/Ar
NET WI Ms.♦
.. -ISIX
REVISIONS CERIIf IGAiION, I HOELL & MADSON. INC. O. .ER I VELOPER PROJECT NAME I SHEET TITLE
HIM, 1 .1 sc IL Ivi ) C: PLAT
j
ENGINEERS • SURVEYORS - PLANNERS VERNON HILL
C .• N
I
SOIL TESTING A EWIRONHE AL SERVICES DAVID CARLSON CO. INC.
I.T. em". ..a PRELIMINARY PLAT
MMIIKIO. .1"HES01. 55"5
16,21 5-6-1601 IMMMIE —A .1
SUBDIVISION DEDICATION REPORT
T0: Planning Commission
Park Board
Environmental Quality Commission
FROM: Planning Department
SUBDIVISION NAME: ' VarN 4Q
I L1,
Subdivision No.5 ` - L
LAND SIZE: `� ' Z L-a4 S LAND VALUE:
(BY:
The developer of this subdivision has been required to
A. grant an easement over part of the land
B. dedicate % of the land
j� C. donate $ as a fee in lieu of land
As a result of applying the following policy:
A. Land Required (no density or intensity may be used for the first 5% of
land dedicated)
1. If property is adjacent to an existing park and the addition
beneficially expands the park.
2. If property is 6 acres or will be combined with future dedications
CI
so that the end result will be a minimum of a 6 acre park.
0 3. If property abuts a natural lake, pond, or stream.
4. If property is necessary for storm water holding or will be dredged
or otherwise improved for storm water holding areas or ponds.
r7 5. If the property is a place of significant natural, scenic or his-
toric value.
11 6.
B. Cash Required
1. In all other instances than above.
DRAFT MINUTES ZONING BOARD OCTOBER 1, 1192
B -92 -39 David A. Carlson Companies
Vernon Court Subdivision
North of Highway 62 and East of Highway 169
Zoning: In the process of being rezoned from PRD -2, Planned
Residence District to R -2, Double Dwelling unit
District
Request: Front yard setback variance for Vernon Hill, double
bungalow placement
Ms. Aaker presented her staff report noting the subject site
is a four acre parcel that will combine two land elements to
include all of the remaining vacant land fronting Vernon Court.
Ms. Aaker said the developer is proposing to rezone the property
from PRD -2 to R -2 to allow for the platting of eight double
bungalow lots for a total of 16 units.
Ms. Aaker asked the board to note the R -2 zoning district
requires a minimum front yard setback of 30 feet. The preliminary
plan submitted by the developer indicates that frontyard setbacks
range between + -13 - 50 feet from the front property boundary and
between 23 -60 feet from the edge of the street.
Ms. Aaker concluded that staff acknowledges the hardship
present with regard to the steep topography and recommends approval
subject to the following conditions:
1. Notice of ordinance 1045.02 and its restrictions regarding
parking within 15 feet of the street curb be included in the
homeowner's restrictive covenants /bylaws as well as included
in the purchase agreements of the home and sales literature.
2. Final Plat and Rezoning is approved by the City Council.
3. Grading, retaining walls and drainage are reviewed and
approved by the City's Engineering Department.
The proponent Mr. Carlson was present.
Mrs. Utne asked Ms. Aaker if the driveways will be steep. Ms.
Aaker explained that since the proponent has requested to construct
the units closer to the street instead of more into the hill the
driveways will be relatively flat. Mrs. Utne questioned if snow
removal would be a problem. Ms. Aaker responded that she spoke
with the city engineer and he indicated there would be no problem
with snow removal or storage because the subject site is very
isolated and the excess snow could be piled at the end of the cul-
de -sac.
Mr. Olson indicated he has a concern that a precedent could be
set if we grant such large frontyard setbacks.
Mr. Johnson said he finds no problem with the proposal as
submitted and told the board this product has been proven to work.
He acknowledged the site is hard to develop but said saving the
hill, and reducing the size of retaining walls is a very important
consideration. Mr. Johnson said he does have a concern that the
units may be hard to market because of the shallowness of the
driveways and the inclusion in the sales literature and covenants
about the ordinance for parking compliance. Mr. Johnson concluded
that he believes because the site is so isolated there will be
little if any impact on neighbors. He said. he supports the
proposal as submitted.
Mrs. Utne stated she is not concerned that a precedent could
be set as a result of the applicant's request for frontyard setback
variances. She pointed out this site is very isolated, the land is
unique, and peculiar to this area, so precedent setting should not
be a problem. She concluded she believes this proposal is a viable
solution for this site.
Mr. Johnson moved approval subject to staff conditions with
special notice given to the covenants and sale's literature for the
subdivision stating they should contain language that explains the
parking situation for this development. Mr. Olson seconded the
motion. All voted aye; motion carried.
C)�tc
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REPORT/RECOMMENDATION
To: Kenneth Rosland
From: Craig Larsen
Date: October.15; 1992
Subject: Satellite Dish
Antenna Location
Variance for
5325 West 62nd St.
Recommendation:
Agenda Item #
III • B -
Consent
❑
Information Only
❑
Mgr. Recommends
❑
To HRA
To Council
Action
Motion
❑
Resolution
❑
Ordinance
❑
Discussion
The Zoning Board of Appeals voted to deny the request to allow a
roof mounted satellite dish antenna.
Info /Background:
On October 1, 1992, the Zoning Board of Appeals heard and denied
James and Regina Aufderheide's request to allow a rear roof mounted
satellite dish antenna to remain on their single family home. The
board did not agree with the applicant that obstruction caused by
trees is a unique and specific condition that causes an undue
hardship. .
Enclosed for reference are the following:.
1. Draft minutes from the October 1, 1992, Zoning Board meeting.
2. Staff Report
3. Correspondence received by the city.
Ed,
Aov- profev,-4 ZiFiL,
fo
� �iy -
DRAFT MINUTES 10/1/92
BOARD MEMBERS PRESENT: UTNE, JOHNSON, OLSON
B -92 -42 James Ernest and Regina Aufderheide
5325 62nd Street West
Lot 3, Block 1, Wyman Southview 2nd Addn.
zoning: R -1
Request: variance from ordinance 815 regarding a rear
roof mount of a satellite dish antenna in an
R -1 zoning district
Ms. Aaker outlined for members of the board the Edina Antenna
Ordinance 815 and it's requirements:
- Unless exempt no antenna, dish antenna, or tower of any
kind shall be erected, constructed, or placed anywhere
within the city without first making an application for
and obtaining a permit from the city.
Dish antennas greater than nine square feet in cross
section area and greater than 6 feet in height require a
permit and shall not be located on the roof or exterior
wall of a principal or accessory building.
Ms. Aaker explained after purchasing the home in the spring of
1992, the homeowner installed a roof mounted satellite dish antenna
without the benefit of a permit. After the dish was brought to the
attention of the building department inspectors ordered the antenna
removed and indicated to the homeowner that a roof location of that
size of dish would be in violation of city ordinance. The property
owner is requesting a variance from the requirements to allow the
desired roof mount location.
While staff believes that the proposed location of the dish
antenna does not accomplish the goal of limiting impact staff
acknowledges that local ordinance cannot unreasonably interfere or
restrict access to satellite signals. In addition, it would appear
that the hardship of obstruction caused by trees may satisfy the
variance requirements. The applicant has claimed the proposed
location is the best location including those areas permitted by
the code. In that regard staff cannot recommend denial of the
request.
The proponent, Mr. Aufderheide was present. Interested
neighbors were also present.
Mrs. Utne said to reiterate, staff has read FCC regulations
and city code regulations regarding satellite dishes and questioned
if according to the FCC regulations does the proposed dish meet
their standards. Ms. Aaker said she believes the proposal meets
their regulations, but not ours.
Ms. Aaker explained the City of Edina has adopted a new
ordinance relating to satellite dishes, antennas, etc. She
explained that according to staff interpretation of the FCC
regulations cities can adopt guidelines for the installation of
satellite dishes and antennas, but they cannot preempt the FCC.
Our ordinance restricts these dishes to the rearyard, maintaining
setbacks of a principal dwelling, no closer to the buildable area
of the neighbor than to the subject principle building and no
higher than 12 feet including mount. Since the FCC does not "spell
out" what too restrictive is, the only way we can find out if our
regulations are too restrictive or prohibitive is, to have our
regulations challenged in the court.
Mrs. Utne asked Ms. Aaker why she did not recommend denial,
because in her opinion roof mounts of this size are,not.allowed and
what is the hardship. Ms. Aaker said the burden of proof that a
hardship exists is upon the applicant. The applicant has indicated
that he cannot operate his dish antenna and receive the signals he
wants to receive due to the number of trees within his rearyard.
The applicant believes.the trees are a hardship. Continuing, Ms.
Aaker reiterated that roof mounted dishes of this size require a
permit and are not allowed by our ordinance which is why the
applicant must apply for a variance.
Mr. Aufderheide reported to the board that trees located in
his rear yard block signals. He added he is familiar with both the
city's regulations and the FCC's. Continuing, Mr. Aufderheide said
he understands that the burden of proof for a variance due to
hardship "rests on his shoulders ". Mr. Aufderheide explained that
the trees, as mentioned previously, block a majority of signals.
Mr. Aufderheide pointed out any satellite dish located in shaded
areas in the rear yard between the hours of 10:30 a.m. - 4:00 p.m.
would receive blocked signals. This rear yard location would not
work for dish placement. Mr. Aufderheide noted the purpose of the
FCC rules is to create competition in the market place between
cable and dish companies. Mr. Aufderheide concluded that his wife
enjoys watching television from Korea and with obstruction from the
trees many channels, including Korean T.V., cannot be properly
received.
Mrs. Utne said she is curious when Mr. Aufderheide purchased
the dish why wasn't he informed of our ordinance regulations. Mr.
Aufderheide stated he was aware of our regulations, and presently
is the owner of a satellite dish company that has installed many
dishes within the city. Mr. Aufderheide reported that in his
experience with cities most allow installation of satellite dishes
on the roof.
Mr. Daniel Darney, 5324 Maddox Avenue,.explained to the board
that his rear yard overlooks the subject site. He stated he has a
problem with the dish and said he felt bad that the proponent did
not speak with him before erecting the dish on the roof. Mr.
Darney pointed out that Mr. Aufderheide must have realized our
rules regarding installation of dishes and the permitting process
but ignored those rules and erected his satellite dish without
going through the proper process. Mr. Darney explained after Mr.
Aufderheide installed the dish he stopped by city hall offices to
inquire what the rules are concerning the installation of satellite
dishes. At that time he found out that Mr. Aufderheide installed
the dish illegally. Mr. Darney told the board that is the reason
city inspectors directed Mr. Aufderheide to remove the dish, and
that is the reason Mr. Aufderheide is seeking a variance. He wants
to reinstall the dish on the roof. Mr. Darney concluded that he
believes there is no hardship. He stated he understands Mrs.
Aufderheide wanting to watch Korean television, but in his opinion
that should not be considered a hardship. Mr. Darney also said he
believes the dish that was erected may be greater then 12 feet in
diameter and it should be placed in an location according to our
ordinance requirements.
Ms. Debra Snyder , 5321 West 62nd Street, stated she knew when
the proponents moved that Mr. Aufderheide was in the business of
installing satellite dishes. She said that caused her some concern
because her family room abuts their property and any dish located
in the rearyard would impact her. Ms. Snyder said she understands
the position and concern of the other neighbors who will easily
view the dish on the roof, adding she won't be able to see it on
the roof from her house. Ms. Snyder agreed the roof location works
better for her because compliance with ordinance standards locates
the dish smack in view from her family room. Ms. Snyder said she
wishes the dish could be positioned so that it would not be
offensive to anyone. She concluded that she realizes if the dish
is placed in an unobtrusive place that all channels cannot be
received but added the concerns of the neighbors that have to look
at the dish should be considered.
Mr. Aufderheide in response to comments explained that he
helped with the language of the city ordinance and understands the
size and location requirements and is seeking a variance from these
requirements.
Mr. Johnson said he is confused, he thought the issue was the
roof mount, not the size of the dish. Ms. Aaker said that
because the size is in excess of nine square feet in cross section
area and because the dish is greater than 6 feet in height, the
location of the dish therefore does not comply with our ordinance
which is the reason a variance is requested. Expanding on this Ms.
Aaker explained that roof mounts are allowed for smaller antennas,
and dishes, but Mr. Aufderheide's dish is too large to be placed on
the roof. Ms. Aaker explained the smaller dishes do not require a
permit. Ms. Aaker stated the size dish proposed could be legal if
located appropriately in the rearyard.
Mrs. Utne asked Mr. Aufderheide why he just doesn't
install a dish that complys with our ordinance. Mr. Aufderheide
said the smaller dishes do not receive all the signals he would
like to receive. Mr. Aufderheide said the FCC does not want
someone to be prevented from receiving signals and he wants the
opportunity to receive those signals. Mr. Aufderheide reiterated
the only place he can receive the signals he desires is to place
the dish on the roof. Mr. Aufderheide said he believes he meets
the spirit of the FCC rules. Continuing, Mr. Aufderheide said when
he purchased his home there was a moratorium on the installation of
satellite dishes so he couldn't install the dish of his choice.
Doug MacHoll, 5320 Maddox Avenue, said the ordinance
discussion has confused him. He asked to have the moratorium
explained. Ms. Aaker said a moratorium was initiated by the city
council as result of a variance request to erect a monopole
cellular antenna near an R -1 district. The moratorium was lifted
in March of this year. Ms. Aaker explained during the moratorium
the council took careful consideration and study to create a new
ordinance. Ms. Aaker said she would like to clarify, our old
ordinance did not allow roof placement of a dish of this size and
height and our present ordinance does not allow the installation of
a dish of this size and height. During the moratorium no dishes,
etc., were to be erected. Mr. MacHoll said he believes Mr.
Aufderheide should not have erected the dish on his roof before he
received city approval.
Mr. Olson noted that Mr. Aufderheide is in the satellite dish
business and said he should have checked with the city before
erecting the dish. Continuing, Mr. Olson said if he understands
correctly Mr. Aufderheide stated he was familiar with the rewriting
of the ordinance during the moratorium, and indicated he helped
with the language of the ordinance. Mr. Olson said Mr. Aufderheide
should not have erected the dish. Mr. Aufderheide said there are
other satellite dishes of this size within the city on roof tops.
Ms. Aaker said they are not allowed unless a variance has been
granted. Ms. Aaker stated that a variance was granted in the
1980's for a roof top satellite dish on Long Brake Trail, if there
are others they were erected illegally. The City of Edina has
always had an antenna ordinance that prohibited structures of this
size on the roof.
Mr. Olson said in his opinion the board should consider the
negative reaction of the neighbors. Mr. Olson suggested that a
neutral party familiar with antennas visit the site and study the
situation and report back to us on their findings. Mr. Olson said
there could be another location where the dish could be located
that is not as obtrusive. Mr. Olson said in all good faith he
cannot find a hardship if Mr. Aufderheide's wife cannot receive
T.V. from Korea. Mr. Olson pointed out this Mr. Aufderheide's
business, and maybe he is not neutral. Mr. Aufderheide explained
that if they would like a neutral party to view his lot that would
be fine. He stated at present the sun is in the same location as
the satellites and where there is shade the dish will not work, and
a neutral party will discover the same thing. Mr. Aufderheide
reported even cable channels are lost for a few minutes a day
because of the sun.
Mr. Darney said the lots within this neighborhood are not that
large and the dish will be apparent to almost everyone. Mr. Darney
asked what is reasonable. Should we allow the dish on the roof so
the applicant can receive every signal at all times, or is it fair
to request that the dish be placed in a least conspicuous location
where the applicant receives all signals but for only certain
periods of time. Mr. Darney said he does not know enough about
satellite dishes, their size, etc., -and would like a neutral
opinion.
Mr. Johnson speculated that Edina is a developed city and
almost every lot in our residential subdivisions contain a large
number of trees, and in his opinion there are very few if any lots
within the city of Edina that because of the trees would need to
locate a satellite dish on the roof if they desired to receive all
channels. Mr. Johnson stated he believe's that this would be a
precedent setting situation because anyone that wishes to receive
the full spectrum of signals in Edina will have some interference
from trees. Mr. Johnson noted that the applicant is in the
satellite business and should have understood that wooded and treed
lots would have trouble receiving all signals so the dish would
have to be placed on the roof, and roof mounted satellite dishes of
the size and diameter of the subject dish were not and are not
allowed within this city. Mr. Johnson said he does not believe
trees are a hardship. He concluded it is our board's
responsibility to act on our ordinance. We cannot act on, or
interpret federal law. That may have to be accomplished through
our council and city attorney.
Mr. Johnson moved to deny the request for a variance from our
ordinance. Mr. Olson seconded the motion. Mrs. Utne said she
supports the motion for denial adding her concern is the height and
size of the dish and its location on the roof. Mrs. Utne requested
that the neighbors settle this matter civilly so it doesn't become
a neighborhood feud. She said she hopes that all those who object
will act appropriately to.the applicant. All voted aye, in favor
of denial. Motion carried.
Mrs. Utne told Mr. Aufderheide that he can appeal the decision
of the board to the council.
LOCATION MAP
il 344 15317 –
6200
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VARIANCE
NUMBER B -92 -42
LOCATION 5325 62nd Street West
REQUEST Dish Antenna Variance
E:DINA PLANNING.. DEPARTMENT-
ZONING BOARD OF APPEALS
STAFF REPORT
OCTOBER It 1992
B -92 -42 James and Regina Aufderheide
5325 West 62nd Street
Lot 3, Block 1, Wyman Southview 2nd Addn.
Zoning: R -1
Revuest: Variance from ordinance 815 regarding a rear
roof mount satellite dish antenna in an R -1
zoning district.
Background:
The Edina Antenna Ordinance 815 indicates the following:
- Unless otherwise exempt, no antenna, dish antenna, or
tower of any kind shall be erected, constructed, or
placed anywhere within the city without first making an
application for an obtaining a permit from the city.
- Dish antennas greater than nine square feet in cross
section area and greater than 6 shall not be located on
a roof or exterior wall of a principal or accessory
building.
After purchasing the home in the spring of 1992, the homeowner
installed a roof mounted satellite dish antenna without the benefit
of a permit. The dish was brought to the attention of the building
department. Inspectors ordered the antenna removed and indicated
to the homeowner that a roof location would be in violation of city
ordinance. The property owner is requesting a variance from the
ordinance requirements to allow the desired roof mount location.
Issues /Analysis:
The applicant has indicated in a letter that satellite antenna
signals are blocked by trees located on adjacent properties and
access to signals can only be obtained if' the antenna is mounted on
the roof. Applicant has indicated that all signals desired cannot
be received in a conforming location in the rearyard.
As illustrated by photos submitted by the homeowner, the dish
antenna will be a black mesh design and will be visible from the
street.
The board should note that the Federal Communications
Commission (FCC) has imposed restrictions on the authority of
states and localities to regulate satellite dishes which are used
to receive and transmit signals. The rules were intended to
preempt local regulations and were primarily set to limit the
authority of cities to regulate size, location, and placement of
dishes.
Basically the FCC rules have three requirements for local
governments to follow:
1. Ordinances regulating dishes must have a "reasonable" and
"clearly defined ", health, safety or aesthetic objective.
2. A local ordinance cannot unreasonably interfere with or
prevent the receipt of satellite programming.
3. The local requirement cannot impose costs on satellite
dish owners which are excessive.
The FCC has not provided a specific process for enforcement of
their declared ruling. The FCC has indicated that the state and
local courts are to be the forum application of its new rules.
.City ordinance limits the location of satellite dishes in the
R -1 and R -2 districts in the rearyard area only, with an additional
location requirement that the dishes be placed closer to the
owner's principle building than the neighbor's buildable lot area
that they must maintain the same setback required for a principle
building in the zoning district and that the height of these
structures not exceed 12 feet. An implied objective of the
provisions is to reduce the visual impact of a dish on adjoining
properties.
Conclusion /Recommendation:
While staff believes that the proposed location of the dish
antenna does not accomplish the goal of limiting impact, staff
acknowledges that local ordinance cannot unreasonable interfere or
restrict access to satellite signals. In addition, it would appear
that the hardship of obstruction caused by trees may satisfy the
variance requirements. The applicant has claimed the proposed
location is the best location including those areas permitted by
the code. In that regard staff cannot recommend denial of the
request.
CITY OF
EDINA
Application for:
[ ] LOT DIVISION
[ ] REZONING
L _ VARIANCES
[ ] PLAT
Proposed Name
PLANNING DEPARTMENT
Case Number Z
Date `1
Fee Paid I �a
4801 WEST FIFTIETH STREET • EDINA, MINNESOTA 55424
(612)927.8861
[ ] CONDITIONAL USE PERMIT
[ ] FINAL DEVELOPMENT PLAN
[ ] PLAN AMENDMENT
APPLICANT: Name J S E c VI CS+ oun, K 4,61 Cie
Address OZ5 402 ND 5+-re,e.+ We-i5+
/j,V1 n2S'0+0' ,sSy3�Phone (GvIZ) 924 -7/01
PROPERTY Name 54M E
OWNER: Address
(if Different
from Above) Z Phone ( ) 11
Legal Description of Property �.o �- 3 , �) ot.: Wv m a-n •se rc�i -Yt 1/r eu�
S2 Gon a�� 1 1,� ir,, aC.c.e re1:v�4 °4o f•'tit 4---ia-:� 'tivem o-F o»
i 1
by- of lreP Cn V-d i 'w. +47e- O'F-Pl G A*-a o'� +1k,,& -C o4U c 4-,rdr .A -9,44,p.
Property Address 6''3415 Al /V 56'134
Present Zoning
` P.I.D.#
Explanation of Request: 'r6 'I n 5-W 1 a, IQ +. Ar,"e;�e.t' wteS),
-*M ' ya.4-e-! l j' +e, o,n+eki n a. On +Lt.e. t'e x. ,cook
h e, . de Cteo..r 5 a.( )1ef- a,,►a,, (ab�e
(Use rever a side or additional pag if nece sa ) my
ARCHITECT: ) Name
Aftr/z krUJI6121d i�2rai
Phone (%!L) fA4-'?g11
SURVEYOR:
Name Phone (
operty Owner's Si nature plicant's Signatur
� d�;
Date DateV
1/85
Application .... page 2
Minnesota statutes and Edina ordinances require that the following
conditions must be satisfied affirmatively.
The proposed variance will: (If yes, please explain. Use
additional sheets if necessary.)
a)
Relieve an undue hardship which was
not self- imposed or a mere inconvenience.
YES NO
b) Correct extraordinary circumstances,
applicable to this property, but not
applicable to other property in the
vicinity or zoning district.
C) Preserve a substantial property right
possessed by other property in the.vicinity
and zoning district.
d) Not be materially detrimental to the public
welfare or injurious to other property in
the vicinity or zoning district.
Wil I %tee. J e ✓id P4QCi'
RATIONALE FOR VARIANCE REQUEST
1. Satellite antenna signals will be blocked and system will not work
from all areas allowed by City Codes and ordinances. Trees not on
property but on adjoining properties will restrict or inhibit signals.
Note: See photographs and drawings.
2. The proposed location is in the view /opinion of most to be the best
location on the property including those permitted by City Codes and
ordinances. This location would have no effect on essential Character
of property or its surroundings. In fact this location is at more
expense to mount /construct than the permitted ground mounted antenna
would be.
3. Many signals delivered via Satellite are not available via a_ y other
source including cable TV, Specially Korean programming (The Asian
Networks and the Internation Channel) which is of critical importance
to the Aufderheide Family. (Mrs. Aufderheide is of Korean decent.)
4. Satellite delivered signals offer an alternative to cable and
access to these signals create competition in the market place.
Thus, in a sense benefiting cable subscribers that do not enjoy the
direct benefits of Satellite.
- 5 ,
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CARDARELLE AND ASSOCIATES ENG'RS. & SURVEYORS WE 9-7590 MINNEAPOLIS
CERTIFICATE OF . SURVEY
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Dr. and Mrs. Douglas L. Lambert
6205 Hansen Road
Edina, Minnesota 55436
Hon. Fred Richards
Mayor, City of Edina
Edina City Hall
4801 West 50th Street
Edina, Minnesota 55424
Dear Mayor Richards,
I am responding to the Notice of Public Hearing I received regarding a variance sought
from Ordinance 815.06, Subd 2 by a new resident in our neighborhood. I am certain
that this won't be the only letter or response you and the council will field on this
topic. I grew up in Edina and chose to purchase a home here because I felt( and still
do) that it is a great place to live and raise a family. I believe there are excellent
reasons why rules, regulations, and ordinances are created - hopefully for the
majority's benefit. Thus is the case involving the proposed satillite dish antenna and
the variance sought for its erection. I wholeheartedly support a denial of the variance
and hope that you and the council will feel and vote the same after examining all the
data.
Very truly yours,
Douglas L. Lambert, D.D.S.
cc: City of Edina Planning Department
September 29, 1992
City of Edina
Zoning Board of Appeals and Adjustments
4801 West 50th Street
Edina, Minnesota 55424
Case File: B -92 -42
Applicant: James and Regina Aufderheide
5325 - 62nd Street West
Dear Sirs and /or Madams:
This letter is submitted in PROTEST of variance allowance from
Ordinance 815.06, Subd 2 regarding rear roof mount of a satellite
antenna in a residential zoning district requested in Case B- 92 -42.
If the variance were permitted, a satellite antenna would be most
prominently visible from our kitchen and family rooms, which have
large street facing windows.
While the many lovely trees in our front yard would partially
obscure the view of an antenna or dish for half of the year,
there would be at least six months where such a structure would make
our present lovely residential and treed street appear commercial.
Our neighborhood is well maintained, with
such as machinery, unused cars or campers
We believe it is in our best interest, as
interest, to keep it free of unnecessary,
structures.
We respectfully request the City of Edina
requested in Case B- 92 -42.
out any visual disturbances
occupying residential property.
well as our neighborhood's
visually unpleasant
DENIES the variance
Thank you for keeping our neighborhood free of commercial machinery!
Sincerely,
Ross N. Rifkin and Christine Zahn Rifkin
5320 West 62nd Street
Edina, MN 55436
September 29, 1992
City of Edina
4801 W 50th Street
Edina, MN 55424
Reference: The installation of a Satellite Dish Antenna on the
roof of a residential dwelling located at 5325 62nd
Street W.
Dear Sir /Madam:
I am of the opinion there is an ordinance in the City of Edina that
prohibits the placement of such antennas on residential dwellings.
We, Daniel F. & Frances Darney request the removal of this
unsightly large antenna. We have lived here in this present
location, 5324 Maddox Lane for over 32 years. I can see no reason
why Mr. Aufderheide after living in his present location for 90
days can do as he pleases and does not adhere to codes.
I spoke to Mr. Aufderheide twice and he is well informed what I
expect of him. He doesn't seem to care about the wishes of the
neighbors and he'll do as he pleases. His reasoning is:
1. His wife is a Korean and she wants to watch Korean Television.
2. He said and believes he is within the ordinance.
3. He said it shouldn't bother me because of trees. He forgot the
leaves are only in these trees for 5 -6 months during the year.
4. He doesn't consider placing this dish on the ground which I
believe would be in compliance with the zoning code.
5. He is resisting placing the unsightly dish anywhere else
because he said "I could not get all the stations I want ".
6. He expressed his unhappiness by telling me "you are wasting
my money ".
Mr. Aufderheide sells and installs Toshiba Satellite TV antennas,
see the ads in Sun Times and Star.
I feel that Mr. Aufderhuiede should obey the ordinance as written
or implied regarding the location, size and installion.
Sincerely,
. i
r
D.F. Darney
w 1 / dfd0929
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September 23.1992
TO: City of Edina Planning Department
4801 West 50th Street
Edina. MN 55424
FROM: William and Elizabeth Short
6209 Hansen Road
Edina. MN 55436
RE: Case File B -92 -42
Variance from Ordinance 815.06
In April 1969 we selected Edina as a community in which to live based on
a background of suburban living in California and Michigan. We have
never regretted our choice. Attractive parks. excellent communitv
services and schools reflect a great deal of community pride in the
maintenance of an attractive environment. I believe the city council has
made wise decisions in the establishment of ordinances intended to
protect and maintain high standards .
A satellite dish antenna is not a thing of beauty for neighbors who
daily must see it distort an otherwise pleasant skyline. It benefits
only the residents of the house upon which it is perched.
I would regret to see the erosion of Edina standards regarding roof
mounnted satellite antennae and would support the enforcement of
ordinance 815.06. Once started we could have a forest of antennae in a
short time and where does it stop? Everyone would have their own
good reason for requesting a variance and for ever larger antennae.
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--- - - - - -- -- -- - - -- . _ _ate . //rte w. - - - -- _ .— - - — ----- - - - - -- - - - - - --
October 6, 1992
City of Edina
4801 West 50th Street
Edina, MN 55424
Attention: City Council
Re: The installation of a satellite disk antenna on the roof of a
house in a residential area. See my letter of September 29,
1992.
To Whom It.May Concern:
Mr. Aufderheide appealed his request before the Planning board on
October 1, 1992. At that time this appeal was unanimously
rejected.
Since Mr. Aufderheide sells, installs and advertises these antennas
(attached are two (2) ads appearing in the local Sun Newspaper the
week of September 22, 1992 and the Star Tribune on September 24,
1992) leads me to question that his request is based solely on the
reasons I outlined in my September 29th letter. I question whether
he is acting on his own or being encouraged by other interests.
I have no personal grievance against Mr. Aufderheide or his family.
However, I expect him to comply with Edina City ordinances. As of
October 6, 1992 he isn't doing that.
I also believe he is in violation of the ordinance pertaining to
the space from power lines to the attachments going into his house
from the disk to the roof.
Sincerely,
D. F. Darney
DFD:jb
Enclosure
-We Bought In Volume-You Save,
"0 *]Jws-�Vn, eptember24-27 e 10-10 daily*
)RLD CORP. at lhvy. 100 & ;Gtlt St. XV., SL Lour Park
• i FREE
t m uNhin
Today thru Sunday 10AM -10PM at Hwy. 100 & 36th SL West, St. Louis Perk 922 -941
October 14.1992
TO: -itv of Edina Planning Department
4801 West 50th Street
Edina. Mx 55424
FROM: William and Elizabeth Short
6209 Hansen Road
Edina. M& 55436
RE: Case File B -92 -42
Variance from Ordinance 815.06
In April 1969 we selected Edina as a community in which to live based on
a background of suburban living in California and Michigan. We have
never regretted our choice. Attractive parks. excellent community
services and schools reflect a great deal of community pride in the
maintenance of an attractive environment. I believe the city council has
made wise decisions in the establishment of ordinances intended to
protect and maintain high standards .
A satellite dish antenna is not a thing of beauty for neighbors who
dailv must see it distort an otherwise pleasant skyline. It benefits
only the residents of the house upon which it is perched.
I would regret to see the erosion of Edina standards regarding roof
mounnted satellite antennae and would support the enforcement of
ordinance 815.06. Once started we could have a forest of antennae in a
short time and where does it stop? Evervone would have their own
(rood reason for requesting a variance and for ever larger antennae.
FAEGRE 8. BENSON
2200 NORWEST CENTER
90 SOUTH SEVENTH STREET
MINNEAPOLIS, MINNESOTA SS402 -3901
612/336 -3000
FACSIMILE 336 -3026
October 14, 1992
Ms. Kris Aaker
Assistant Planner
City of Edina
4801 West 50th Street
Edina, MN 55424
Re: Application of James and Regina Aufderheide for.
Variance to Install Rooftop Satellite Antenna
Dear Ms. Aaker:
Enclosed please find the following:
1. A Memorandum Regarding the Regulation of Satellite
Receive -Only Equipment prepared by Mark C.
Ellison, Vice President of Government Affairs and
General Counsel for The Satellite Broadcasting and
Communications Association.
2. A "To Whom It May Concern" letter by Mr. Ellison
describing The Satellite Broadcasting and
Communications Association and further describing
the Federal Communications Commission's Report and
Order of January 1986.
3. A 1988 decision by United States District Judge
Dickinson R. Debevoise in the case of Van Meter
vs. Township of Maplewood.
I hope these materials will persuade you to recommend
approval of the Aufderheides' application.
sincerely yours,
Walter H. Rockenstein II
WHR /smj
Enclosures
cc: James Aufderheide
MW005CB. WP5
DENVER DES MOINES WASHINGTON.D.C. LONDON FRANKFURT
MEMORANDUM
REGARDING THE REGULATION OF SATELLITE
RECEIVE -ONLY EQUIPMENT
Prepared by Mark C. Ellison
Vice President of Government Affairs and General Counsel
THE SATELLITE BROADCASTING AND COMMUNICATIONS ASSOCIATION
1. FEDERAL PREEMPTION
Discriminatory state and local zoning and other regulations that
unreasonably restrict the installation of satellite receive -only antennas
have been preempted by the Federal Communications Commission
(FCC.)
State and local regulations which differentiate between satellite receive -only antennas
and other types of antennas, and which unreasonably limit, effectively ban, or impose
excessive costs on the installation or use of satellite dish equipment stand as obstacles to
the important federal objective of establishing a robust, diverse communications
marketplace. Accordingly, the FCC, on January 14, 1986, adopted a rule preempting state
and local ordinances that distinguish between satellite dish and other types of antenna
facilities, unless such regulations (a) have a reasonable and clearly defined health, safety
or aesthetic objective, and (b) do not impose unreasonable limitations or excessive costs on
the users of such antennas in light of the purchase and installation cost of the equipment.
Federal regulations have the same preemptive effect as federal statutes. State and local
regulations that fail to meet the FCC's preemption standard contravene federal law and
are subject to preemption.
To advance the federal interest in assuring that the right to construct and use satellite
dish equipment is not unreasonably restricted by local regulation, the FCC has issued the
following rule which is now in effect:
State and local zoning or other restrictions that differentiate between satellite
receive -only antenna and other types of antenna facilities are preempted
unless such regulations:
a) have a reasonable and clearly defined health, safety or aesthetic objective
and
b) do not operate to impose unreasonable limitations on, or prevent, the
reception of satellite delivered signals by receive -only antennas or to impose.
costs on the users of such antennas that are excessive in light of the purchase
and installation cost of the equipment.
Earth tations_ 47 C.F.R. 25.104, 51 Fed. Reg. 5519 (FCC 86 -28 CC Docket No. 85 -87 adopted
January 14, 1986 at paragraph 1) (hereinafter "Order ").
The federal government's interest in establishing and maintaining a robust and diverse
communications system through regulation of the satellite communications market is
significant. The FCC has noted:
- 1 - (Revision 3, July, 1990)
We determined that the broad mandate of Section 1 of the Communications
Act, 47 U.S.C. Sec. 151, to make communications services available to all
people of the United States, and the numerous powers granted by Title III of
the Act with respect to the establishment of a unified communications system
establish the existence of a congressional objective in this area. More
specifically, the recent amendment to the Communications Act, 47 U.S.C. Sec.
705, creates certain rights to receive unscrambled and unmarketed satellite
signals.
Id, at para. 23.
The FCC further recognized the congressional objective in this area as expressed in the
1984 amendments to the Communications Act (47 U.S.C.A. 705(b)), and concluded that:
"these statutory provisions establish a federal interest in assuring that the right to construct
and use antennas to receive satellite delivered signals is not unreasonably restricted by
local regulation." Order at para. 23.
Further the Order follows a line of cases recognizing that when state or local regulation
"stands as an obstacle to the accomplishment and execution of the full purposes and
objectives of Congress" such regulation is preempted. Capital Cities Cable, Inc. vs. Crisp.
467 U.S. 691, 698 (1984) (quoting Hines vs. Davidowitz. 312 U.S. 52, 67 (1941)). Thus, state
and local ordinances that expressly, or by operative effect, distinguish between satellite
receive -only and other antenna facilities are preempted unless they have clearly defined
health, safety or aesthetic objectives and do not unreasonably limit or prevent satellite
signal reception or impose excessive costs on the users of satellite dish equipment.
Non - federal regulations designed to limit the placement or use of antenna facilities
must be uniformly applied and must not single out satellite earth stations for different
treatment. Order at para. 32. Ordinances such as height, diameter, shape or other
requirements that appear neutral on their face, but in effect apply only to satellite antennas,
will be preempted if they fail to comply with subparts (a) or (b) of the Order. As the
Commission notes:
An ordinance attempting to regulate all antennas by enacting restrictions on
those of a certain shape, for example, a ban on all spherical antennas, would
differentiate between satellite antennas and other types of facilities and
therefore would be preempted under our rule. LL at para. 32.
Subpart (a) of the FCC's preemption rule creates a dubious exception to the rule's ban
against discriminatory regulation. This section appears to allow discriminatory regulation
that is related to a reasonable and clearly defined health, safety or aesthetic objective and
does not limit or prevent satellite signal reception. Since satellite dish antennas rarely pose
reasonable health or safety problems, local government may view this exception as an
invitation to impose restrictions based solely upon aesthetic considerations. As is discussed
more fully below, such restrictions may be invalid for a number of reasons. Further,
regulations based solely on aesthetics should be invalidated as violative of the 14th
Amendment if they represent a community's only effort to preserve its historic or aesthetic
character. Bourgeois vs. Parish of St. Tammany, Louisiana. 628 F. Supp 159 (E.D. La. 1986).
To avoid being arbitrary, local zoning ordinances must be rationally related to the
objectives sought to, be served. A local government's failure to engage in any other
regulative activity aimed at promoting aesthetic values would make it difficult to accept
the proposition that a challenged statute was other than arbitrary. Id.
-2-
I
In Harold E. Protter v Village of Elm Grov 724 F. Supp. 612, (E.D. Wis., 1989), an
ordinance which discriminated between satellite and other types of television antennas
was considered. (See discussion, infra.) The Village of Elm Grove put forth a number of
clear public health and safety objectives" for the Village's satellite antenna regulations.
The Court considered the argument of the Village that .the FCC preemption rule only
requires the ordinance to have "a reasonable and clearly defined health, safety, or aesthetic
objective."
However, the Court . concluded that, "This argument renders the requirement
ineffectual by overlooking the objective's function of justifying differentiation between
TVRO and other antenna facilities." U at p. 614. The Court, quoting from the Order found
that the requirement of a reasonable and clearly defined health, safety, or aesthetic objective
" ....is a means of 'requiring local authorities to justify a differentiation in treatment [in
order to] help insure that local zoning power is not used to restrict unreasonably the
installation of satellite receive -only antenna facilities."
Subsection (b) of the Order further limits the types of restrictions state and local
governments may legitimately place on satellite dish antennas. Regulations that impose
stringent size or placement requirements will be preempted if their manifest or latent effect
is to limit or preclude signal reception. Thus, overly restrictive location, screening or
landscaping requirements that would cause obstruction of the direct "line of sight"
required between a satellite transmitter and receive -only antenna are preempted under this
rule. Order at para. 36. Specifically, the Commission states:
In addition to defining the reasonable objective of an ordinance which
differentiates in its treatment of antennas, a community is limited in the types
of restrictions it can apply. It cannot unreasonably limit or prevent reception
by requiring, for example, that a receive -only antenna be screened so that line
of sight is obscured. Moreover, an ordinance which discriminates cannot
impose size restrictions only on receive -only antennas which would
effectively preclude reception. U
In that regard, the FCC recognized that a receive -only antenna must have unobstructed
line- of- sight'to the satellite being viewed and that "(u)nder current technology, an antenna
must be at least 8 to 12 feet in diameter (to receive video signal) ". LL at footnotes 76 -77.
Likewise, ordinances that either expressly, or by operative effect, ban the installation
or use of satellite dish antenna are preempted by the FCC's rule. State or local regulations
that fail to comply with the FCC's rule will be held void.
In Van Meter vs. Town,st,ip of Maplewood., 696 F. Supp. 1024 (D.C. N.J. 1988) a local
zoning ordinance affecting the installation of receive -only satellite antennas was found to
violate the FCC Preemption Rule and was declared preempted. Maplewood's ordinance
imposed height limitations, screening requirements, and a requirement that the antenna
be placed in the rear yard. In each instance the court found these restrictions to be
unreasonable burdens which contravened the FCC Order. Additionally, the court held that
a "per se prohibition of roof installations ... is an unreasonable limitation of reception within
the meaning of the (FCC) Order." The court further found that although a roof mount or
rear yard alternative placement of the antenna was possible through a variance, such a
proceeding was an "unsatisfactory" solution. Among other reasons, it was noted that a
variance proceeding "imposes burdens other antenna users are not required to bear and is
-3-
therefore discriminatory within the meaning of the Order."
The court in Van Meter concludes its opinion with the following:
(W)hen the community and individual interests conflict in this context, the
interests of the individual and the national interest require that the balance
be tipped in favor of permitting individual satellite reception: The task of
fashioning appropriate legislation in light of this mandate is not a simple one,
but municipalities can enact regulation consistent with the Order by
regulating the use of all antennas evenhandedly, without imposing special
burdens on TVRO dish users, or by ensuring that their regulations do not
make reception technically impossible and are flexible enough to account for
the unique reception requirements of the individual lots within their
boundaries.
In Protter v. Village of Flm Grove, supra" the District Court considered an ordinance
which contained placement, size and height limitations on satellite television antennas.
The antenna erected by Harold Protter exceeded the size limitations set forth in the Elm
Grove ordinance and was mounted on a tower exceeding the Village's height limitation.
Rejecting the argument by the Village that the variance process would allow Protter to
overcome the reception difficulties posed by the ordinance, and citing Van Meter. the
District Court found that the ordinance, "does not allow persons to attain reasonable
reception where doing so means erecting an antenna that fails to conform to Elm Grove's
size, height, or location requirements. For this reason, 47 C.F.R. 25.201 preempts, Elm
Grove's ordinance."
Both Van Meter and Protter make it clear that an ordinance which otherwise fails to
conform to the mandates of the Order cannot be saved by a variance procedure. Again
citing Van Meter the court in Protter states, "Moreover, as the court pointed out in YM
Meter • 696 F. Supp. at 1031, allowing the Board (of Appeals) 'to regulate [ ] antenna
placement by granting variances from an invalid ordinance would allow the Board to
exercise authority without bounds. No standard for antenna` placement would exist to
guide the Board' or antenna users." Protter" 724 F. Supp. at 615.
Similarly,' a discriminatory ordinance which imposes unreasonable permit
requirements when applied to satellite antennas violates the Order. In re Minars vs. Rose
507 NYS2d 241, 123 A.D. 2d 766 (S.Ct NY 1986). In Minars, the New York_Supreme Court
annulled a local zoning board's decision to deny the petitioner's application for a building
permit to install a satellite dish. The board determined that a satellite dish was not
"customarily incidental" to a single family dwelling as required by local law and rejected
the petitioner's permit request. Although the county Superior Court upheld the board's
decision prior to the issuance- of the FCC's preemption ruling, .the State Supreme Court
subsequently reversed the lower court decision in light of the FCC's then' newly
promulgated rule, stating that the "rule clearly preempts any local zoning ordinance or
interpretation thereof which effectively or unreasonably restricts the installation of satellite
dish antennas ". Wig, a at 242.
State and local regulations must not "impose costs on the users of satellite dish
equipment that are excessive in light of the purchase and installation cost of the
equipment ". Order at 1. Accordingly, local permit requirements, architectural certification,
screening or fencing requirements and other restrictions that compel excessive costs are
-4-
prohibited.
In Carteri vs. City of Rochester. N.Y.S.2d (S. Ct. N.Y. 1987, Civ. Index No.
87 -913), an ordinance requiring a building permit, site plan approval, and architect's
certification for the installation of a satellite.dish antenna was found to be unconstitutional
and unenforceable "as having been preempted by the Federal Communications
Commission Report and Order..." by reason of the excessive costs imposed by such
ordinance.
The power delegated to the FCC by the Congress plainly comprises the authority to
preempt state and local regulations that conflict with federal objectives. Order at para.
23 -29. Further, "federal regulations have no less preemptive effect than federal statutes ".
Capital Cities. 467 U.S. at 698 (quoting, Fidelity Federal Savings and Loan Association vs
De La Cuesta. 458 U.S. 141,153 (1982)). More specifically, the authority for the preemption
power of the FCC was recognized in New York State Commission on Cable Television vs.
FCC• 749 F.2d. 804 (D.C. Cir. 1984).
The FCC has determined that it "will not permit a state to arbitrarily favor one particular
communications service over another" and that "local ordinances which engage in
arbitrary discrimination will be preempted ". Order at para. 25. The Commission's report
accurately noted that in many instances, satellites deliver a wider range.of programming
than that available over other media, and that local regulations may deprive local residents
of access to information available to other U.S. citizens. RL
To avoid this dilemma and maximize consumer choice, the FCC seeks to foster a
competitive marketplace for the provision of telecommunications goods and services. a
State and local zoning or other regulations that unreasonably restrict or effectively ban the
installation or use of satellite dish equipment frustrate the federal government's
competitive regulatory policies. Consequently, such regulations may be held void. as
contrary to federal regulatory law.
(Note: It should be noted that although the Order does not provide for the recovery of
attorney's fees or costs, in both Van Meter and Protter the court permitted claims for such
amounts under 42 U.S.C. 1983 and 1988. In Van Meter the individuals did recover
attorney's fees. In Protter the case was settled without Protter amending his complaint to
include a claim for those fees.)
2. LIMITATIONS ON THE RIGHT TO LIMIT USE OF PRIVATE PROPERTY
Notwithstanding the applicability of the FCC preemption rule, a zoning
ordinance which seeks to regulate satellite reception equipment must
serve a legitimate state interest.
State and local governments have broad authority under their police powers to regulate
the private use of land. However, there are limitations. All persons under the authority of
the Federal Constitution are guaranteed .the lawful use of their property. No level of
government may limit this use unless such action is substantially related to public health,
safety, and general welfare. Village of Euclid vs. Ambler Realty Co.. 272 U.S. 365 (1926). If
an ordinance deprives an individual of the lawful use of his land and such ordinance "does
not substantially advance state interests ", or if it "denies an owner economically viable use
WE
of his land ", its effect is to deprive the owner of property rights in violation of the Fifth
and Fourteenth Amendments. Penn Central Transp. Co. vs. New York Cit.v, „ 438 U.S. 104
(1978) (Emphasis added.)
As previously noted above, it is unlikely that the regulation of satellite antennas purely
for aesthetics reasons is sustainable. Non - preempted rules regulating the placement and
use of satellite dish antenna for aesthetic reasons must do so in a uniformly applied general
context of local aesthetic regulation and in a manner which is substantially related to the
broad public welfare. In People of Canton Township vs. Brenner, Case No. 85 CT 3551,
(35th Judicial Cir., State of Michigan, September 26, 1985), a case dismissing an action by
a municipality to force the removal of a satellite television antenna, it was stated that while
aesthetics is a valid part of the general welfare concept, "it may not serve as the sole reason
for excluding a legitimate use of property.” (Citing Ottawa County Farms vs. Townshiu of
Polkton" 131 Mich. App. 222 at 229).
Morgan and Brockway vs. City of Coral Gables, Case Nos. 83 -42793 CA 22, et al. (11th
Jud. Cir. for Dade County, Florida, June 18, 1984), held that where the only legitimate
objective sought to be served by the City's ordinance banning satellite television antennas
was aesthetics, the ordinance was unconstitutional as it "bears no substantial relationship
to the public health, safety, or general welfare."
Accordingly, even though a regulation or ordinance may not be in violation of the FCC
preemption rule, in the absence of a significant relationship to the public welfare, such
regulation may fail under the Fifth and Fourteenth Amendments.
3. THE FIRST AMENDMENT RIGHTS OF HOME SATELLITE TELEVISION
EQUIPMENT OWNERS.
The right to install home satellite television equipment for the reception
of information is federally protected under the First Amendment. j
As discussed above, the FCC has preempted state and local zoning regulations that �
1
discriminate against satellite dish antennas unless such restrictions are reasonably related
to a clearly defined health, safety or aesthetic objective and do not operate to limit or
prevent the reception of satellite signals or impose excessive costs on those who seek to do
so. Although nondiscriminatory regulations meeting the requirements of the FCC
preemption may fall outside that rule, and, thus, may be valid in terms of federal regulatory
law, under a First Amendment analysis, these restrictions may prove to be unconstitutional.
It is submitted that a homeowner's right to receive information through the installation
and use of a satellite dish antenna is protected by the First Amendment to the Constitution.
See, Shad vs. Borough of Mt. E12hram. 452 U.S. 61 (1981); and Red Lion Broadcasting Co.
vs. FCC • 395 U.S. 367 (1969), (Wherein the Supreme Court recognized "the right of the
public to receive suitable access to social, political, esthetic, moral, and other ideas and
experiences... ") The Supreme Court has consistently recognized that the First
Amendment's freedom of speech guarantee "necessarily protects the right to receive
information and ideas as well as express them." Virginia State Board of Pharmacy vs.
Virginia Citizens Consumer Council, 425 U.S. 748 (1976) (quoting, Kleindienst vs. Mandel.
408 U.S. 753, 762 -763 (1972)).
-6-
Dissenting in part because the Report and Order of the FCC allowed an apparent
loophole pursuant to which communities could regulate satellite antennas if the ordinance
was nondiscriminatory, Commissioner Mimi Weyforth Dawson stated, "While I . am
sympathetic to localities' traditional role in use planning, this (the regulation of satellite
television antennas) is not purely a local issue. It involves the right of individuals, U
guaranteed by the First Amendment and the Communications Act. to receive interstate
commLnications." (Order dissent at p. 3 -4, emphasis added.)
In People of Canton Township vs. Brenner, supra. the Michigan district court applied
a First Amendment test in a case involving the local regulation of satellite antennas. There
it was noted:
Regulation of satellite dish antennas... involves First Amendment rights that
typically are not a consideration in determining the validity of zoning
ordinances. As a consequence, the Court has the duty to strictly scrutinize to
insure that the asserted state interest is achieved by the least restrictive means.
Because satellite dish antennas provide users with the unique ability to receive scores
of programming services, some of which are unavailable through other means, an
ordinance restricting or effectively banning the use of satellite dish equipment would
prevent consumers from gaining access to information and ideas. Consequently, such an
ordinance would also effectively ban the content of these ideas. It is highly unlikely that
such a regulation could survive strict judicial scrutiny.
As the Supreme Court has noted:
The power of local governments to zone and control land use is undoubtedly
broad and its proper exercise is an essential aspect of achieving a satisfactory
quality of like in both rural and urban communities. But the zoning power is
not infinite and unchallengeable; it must be exercised within constitutional
limits.
Shad, 452 U.S. at 68 (quoting, Moore vs. East Cleveland. 431 U.S. 494, 514 (1977)
(Stevens, J., concurring)), and,
(The presumption of validity generally afforded to the exercise of. zoning
powers) carries little, if any, weight where the zoning regulation trenches on
the rights of expression protected under the First Amendment.
Id. at 77.
The First Amendment protects both the means of communication and the content being
communicated from anything other than narrowly tailored incidental restrictions. Quincy
Cable TV vs. FCC. 768 F.2d 1434 (D.C. Cir. 1985). "When a zoning law infringes upon a
protected liberty, it must be narrowly drawn and must further a sufficiently substantial
government interest." Sliad, 452 U.S., at 68. Government regulations that limit the ease or
effectiveness with which a speaker reaches his audience must receive strict scrutiny. L.
Tribe, American Constitutional I.aw 686 (1978). Thus, any state or local regulation that
significantly, restricts a land owner's access to information through the use of a satellite
dish antenna must be strictly scrutinized.
Although local zoning ordinances that inhibit the installation and use of satellite dish
antennas are generally not aimed at restricting the content of broadcast messages, the fact
is that in the .case of satellite transmissions, incidental content - neutral restrictions may
effectively ban communication, thus foreclosing content.
-7-
The Supreme Court has stated that when content neutral regulations infringe upon First
Amendment rights, the court must balance the interest of the government in implementing
the regulation against countervailing First Amendment values. Konisberg vs. State Bar of
Cale. 366 U.S. 36, 50 - 51 (1961). Consideration of a "regulatory statute, not intended
to control the content of speech but incidentally limiting its unfettered exercise... necessarily
involve(s) a weighing of the governmental interest involved ". Id. at 51.
When state and local zoning ordinances restrict the installation and use of satellite dish
equipment, the appropriate test employed by the court is analogous to the balancing test
set forth in United State v O'Brien 391 U.S. 367 (1968). In that case, which involved the
burning of a draft card, the Supreme Court held that government regulation limiting First
Amendment rights is only valid, -
...If it is within the constitutional power of the government; if it furthers an
important or substantial governmental interest; if the governmental interest
is unrelated to the suppression of free expression; and if the incidental
restriction on alleged First Amendment freedoms is no greater than is
essential to the furtherance of that interest.
391 U.S. at 377.
State and local governments may be hard pressed to demonstrate a significant interest
in regulating the installation and use of satellite dish equipment which is, in effect, the
regulation of access to information through a communications conduit.
Regulations based upon tangible health and safety concerns may pass constitutional
muster. However, because satellite dish antennas are for reception only and do not emit
any signal, they rarely, if ever, pose such threats and, thus, the incidence of valid health or
safety threats occurring will be slight. Aesthetic concerns, on the other hand, do not rise to
the level necessary to allow the government to infringe upon a fundamental liberty.
The fact that some satellite programming can be received by an alternative means, such
as by subscribing to a cable television system, does not lower the level of judicial scrutiny
necessary to validate an otherwise unconstitutional prohibition of access to information
through the use of satellite dish equipment. See, Virginia State Board of Pharmacy 425 U.S.
at 757, n. 15.
Nor does a state or ocality's desire to control or eliminate commercial competition
between alternative sources of information justify the implementation of zoning or other
restrictions that directly or incidentally impinge upon First Amendment rights. See, Cord
Meyer eve opment Co vs Bell-Bay Drug 229 ME 2d 44 (S.Ct N.Y. 1967); Swain vs-
County of Winnebago, 250 ME 2d 439 (Ill. App. 1969). Rather, such considerations wither
under the strict judicial scrutiny employed when a governmental regulation abridges a
fundamental right. (In fact, as discussed below, zoning imposed on such a basis may expose
the state or municipality to antitrust liability.)
Satellite broadcasters are not concerned with the provision of a conduit as a good, but
with the provision of information or "content' through a conduit. State and local zoning
or other regulations that limit or prevent the installation or use of satellite dish equipment
infringe upon First Amendment rights to receive information and thus must be strictly
scrutinized. Ordinances and other restrictions -that fail to survive strict judicial scrutiny
will be struck down as unconstitutional.
-8-
4. OTHER CONSIDERATIONS
A. Antitrust liability of municipalities
Local zoning authorities and other regulatory agencies on the local level should be
cautioned that zoning or other regulations which have the effect of limiting competition
among the means for the delivery of television programming in a market may expose such
authority to liability under state and federal antitrust and restraint of trade laws. Thus, a
finding that a zoning ordinance limiting satellite receive -only antennas was created to
protect a franchised cable system or a local broadcaster from competition could result in
substantial financial liability on the part of the locality.
In an opinion rendered by the Office of the Attorney General of the State of Maryland
(Opinion No. 84 -009, February 21, 1984), it was noted:
Cable TV franchisors should exercise great caution in imposing restraints on
noncable TV video vendors. Given La Plata's (Maryland) obvious interest in
ensuring the financial success of its franchised cable operator, such restraints
could be construed as a conspiracy between La Plata and its franchised cable
TV operator to foreclose competition. Thus, for example, a zoning ban on
state action immunity_. (Emphasis added.) Id, at n. 20.
Regulations found to contravene federal or state restraint of trade laws could allow a
plaintiff to recover treble damages attorney's fees. At least one pending case seeks to
achieve that result. Robert Hunter and Scott Hunter vs. City of Whittier. (Case No.
CA001044, filed June 30,1987, in the Superior Court of the State of California for the County
of Los Angeles) is a class action brought against the city alleging a conspiracy between the
city and the local cable franchisee to restrain trade through the institution of a zoning
ordinance affecting satellite receive -only antennas. The complaint seeks treble damages,
attorney's fees, and costs under the California Business and Professions Code Section
16750.
B. Enforceability of private restrictive covenents.
In order for the FCC Order or the constitutional restraints to be asserted as a bar against
regulations impeding the installation of satellite antennas, there must be some form of
"state action ". Accordingly, such federal restrictions do not generally apply to privately
imposed covenants (e.g., a subdivision's restriction against satellite antennas). However,
enforcement of a private covenant by a court of law arguably constitutes "state action" and
thus subjects the private covenant to the question of preemption under federal law.
In Shelly vs. Kraemer. 334, U.S. 1 (1948), the United States Supreme Court held that a
racially restrictive covenant, while standing_ alone, did not violate the equal protection
clause of the Fourteenth Amendment. However, the state court enforcement of that
covenant did amount to state action and, thus, violated the constitutional rights of the
individuals against whom enforcement was sought. LdL at 13.
While Shelly has never been applied by, the Supreme Court to other types of restrictive
covenants, it would seem that where a private neighborhood has promulgated restrictions
which unreasonably restrain the federally recognized rights of satellite dish owners, such
restrictions should not be enforceable in a court action, under the holding in Shy.
In Ross vs. Hatfield et al., 640 F. Supp. 708 (D. Kan. 1986), the plaintiff homeowners
brought a declaratory action against their neighborhood association which had threatened
to seek judicial enforcement of a restrictive covenant prohibiting satellite dish antennas.
The court dismissed the action on grounds that "threatened" judicial enforcement of the
covenant did not constitute the requisite state action required to invoke federal protection.
The court in jig assuming, without deciding, that "Shelly_ is applicable to a nonracially
restrictive covenant alleged to violate the first amendment right to free speech... ", (J�L at
710) read Shy as requiring actual judicial enforcement before state action could be found.
The court found that the only action was a threat of enforcement and noted "...even if a
state court action were instituted, the court might refuse to enforce the covenant." a
The IiQgs, decision, while obviously not diapositive of the issue, contains the implication
that restrictive covenants which unduly restrict the installation of satellite receive -only
antennas may lack judicial enforceability. Had the home association brought the action to
enforce the covenant, the result may have been different.
However, in Karuzas vs. Ashmoor Neighborhood Association. (Kentucky Court of
Appeals, case no. 88 -CA- 1008 -MR, 1989, unpublished decision), Karuzas challenged a
restrictive covenant of his neighborhood which prohibited all "television, radio or other
similar microwave receiving dish(es) ". The court refused to consider the applicability of
the FCC Order as it had not been raised in the lower court. The court did consider the issue
of whether judicial enforcement of the restrictive covenant violates the First and Fourteenth
Amendments of the United States Constitution.
Karuzas argued that such enforcement did violate his Constitutional rights and cited
Shy in support of that contention. The appellate court did not go the question of whether
or not Shelly can be extended to a non - racial restrictive covenant. Rather, the court held
that the restrictive covenant in this case was not violative of the first amendment, stating,
"The restriction places no more than an incidental burden on speech." mss, at p. 4.
Aside from federal communication policy and Constitutional issues, a restrictive
covenant which unreasonably limits the ability of a homeowner to install a satellite
antennas may fail under applicable state law. In B.B. Trails Homeowners Association vs.
McLeod (Case No. 589784, Sup. Ct. of California, County of San Diego, Statement of
Decision rendered Oct. 25, 1988), the court held that under state law a complete prohibition
of a satellite receive -only system was not reasonable and that enforcement of such a
restriction was not "rationally related to the protection, preservation or proper operation
of the residential community..." (The court, having decided the issue under California law,
noted that it.was not necessary to address constitutional or preemption issues.)
-10-
1.
5. CONCLUSION
The right of individuals to install and use satellite receive -only antennas clearly enjoys
federal protection, both in terms of federal regulatory law and the United States
Constitution. Local governments which seek to regulate the installation and use of such
equipment must do so in only the most narrow and clearly defined terms, and in a manner
which does not unduly impair the ability of individuals to gain access to satellite
communications. It is submitted that in all cases such regulations must be clearly related
to the general welfare and be designed to further substantial state interests. Aesthetic
purposes, standing along, are insufficient to overcome the significant federal interest in
ensuring access to communications.
- 11 -
THE SATELLITE BROADCASTING AND COMMUNICATIONS ASSOCIATION
To Whom It May Concern:
The Satellite Broadcasting and Communications Association of America (SBCA) is a trade association that represents
satellite providers, satellite television programmers, earth station equipment manufacturers, and the distributors and
retailers of such equipment. The SBCA is actively involved with satellite television issues nationwide, including those
issues pertaining to zoning and other regulations affecting the installation of satellite antennas. .
This letter is written to advise you, as representative of your community, of certain federal restrictions which exist
limiting the ability of local governments to regulate the installation of receive -only satellite antennas.
In January of 1986, the Federal Communications Commission issued a Report and Order preempting local and state
regulations that adversely affect the installation of home earth station antennas. The Report, which has the force and effect
of federal law, provides that regulations that differentiate between satellite antennas and other types of antennas are
preempted unless such_ regulations:
"a) have a reasonable and clearly defined health, safety, or aesthetic objective; AND
b) do not operate to impose unreasonable limitations on, or prevent, reception of satellite delivered
signals by receive -only antennas or to impose costs on the users of such antennas that are excessive
in light of the purchase and installation cost of the equipment." (47 C.F.R. Sec. 25.104, FCC CC
Docket No. 85 -87 hereinafter "FCC Rule ".)
To the extent that an ordinance limits the diameter, height, or location (e.g., "rear yard only ") of satellite antennas so
that a party's ability to receive satellite signals is impaired, the ordinance is subject to'preemption. Likewise, an ordinance
that places an undue burden or cost through permit or certification requirements is invalid.
In the FCC Rule, it is specifically stated by the Commission that:
(A community) cannot unreasonably limit or prevent reception by requiring, for example, that a
receive -only antenna be screened so that line of sight is obscured. Moreover, an ordinance which
discriminates cannot impose size restrictions only on receive -only antennas which effectively preclude
reception. (FCC Rule at para. 36, p. 18.)
An in an accompanying footnote, the FCC recognizes that a receive -only antenna must have unobstructed line of
.sight to a satellite and "must be at least 8 to 12 feet in diameter.." (fn. 76-77)
The United States District Court for the District of New Jersey has issued a decision in a case involving zoning
restrictions on satellite antennas. The case, Van Meter vs. Township of Maplewood (696 F. Supp. 1024) (D.C.N.J. 1988),
considered an ordinance which imposed height limitations, screening requirements, and rear yard placement. The court
found these restraints to be in violation of the FCC Rule. Among other things, 'the court found that a "per se prohibition
of roof installations ... is an unreasonable limitation on reception within the meaning of the (FCC) Order." In response to
the Township's defense that a roof mount or other alternative placement could be achieved through a variance proceeding,
the court stated that such a proceeding is an unacceptable solution for a number of reasons, not the least of which is the
fact that a variance procedure, "imposes burdens other antenna users are not required to bear and is therefore
discriminatory within the meaning of the Order." (It should be noted that the Van Meters recovered substantial attorneys'
fees against the township under 42 U.S.C. 1988.)
A similar result was reached by the United States District Court for the Eastern District of Wisconsin. In Protter vc.
Village of Flm Grove . 724 F. Supp. 612 (E.D. Wisc., 1989), an ordinance setting forth location, size and height limitations
on satellite antennas was found to violate the FCC Rule. '
In addition to the FCC Preempti6n Rule, several cases have recognized the First Amendment rights of individuals to
receive satellite signals, thus raising a potential.claim for deprivation of civil rights under 42 U.S.C. Secs. 1983, 1988, as
was applied in the Van Meter case.
Finally, I would point out that in several pending zoning cases involving restrictions on satellite antennas, claims
have been made that such ordinances have been promulgated to protect the local cable franchisee and set forth a cause
of action for restraint of trade under federal and state law, seeking substantial damages.
I would respectfully urge that you review this matter if light of the applicable federal protections and seek to make
such revisions as are necessary to fully conform to such federal laws. I would be happy to discuss this matter with you
at your convenience and provide whatever assistance I can in formulating an ordinance which conforms to the law.
Thank you for your attention in this regard. {'Pi)�'�
Mark C. Ellison I
Vice President Government Affairs and General Counsel
SBCA
225 Reinekers Lane, Suite 600
Alexandria, VA 22314
(703) 549 -6990
FOR PU ATI
KELLY I. VAN METER and UNITED 'STATES DISTRI CT: COURT
LAUREN J. VAN METER,
DISTRICT C iF NEW JERSEY
Plaintiffs,
Civil Action No. 37 -4677
Vs.
TOWNSHIP OF MAPLEWOOD,
OPINION
Defendant.
Counsel:
Schenck, Price, �mi t e!c King
BY: W. James MacNaughton
10 Washington Street
Morristown, New Jersey 07960
ORIGINAL FILED
Attorneys for Plaintiffs
OCT 13 1988
Scarpone do Edelson, P.A.
BY: Irwin P. Burzynski,
M i ch ae 1 Edelson, WILLIAM T WALSH. CLERK
Val Mandel
One Gateway Center
Newark, New Jersey 07102
Attorneys for Defendant
DESEVOISE, District Judge.
This case involves homeowners who installed an antenna to
receive satellite television signals in contravention of a local
zoning ordinance. Plaintiff homeowners claim that the ordinance
is invalidated by federal law. They seek summary .judgment on
their claims for declaratory and injuctive relief and attorney s
fees• Defendant municipality cross -moves for dismissal of
plainiffs' claims and to amend its answer to assert a defense of
failure to exhaust administrative remedies.
8ackoround
Plaintiffs Kelly Van Meter and his wife Lauren are
residents of Maplewood, a small, suburban community in northern
New Jersey. In late 19859 Plaintiffs decided to purchase a
satellite television receive -only antenna, known as a "TVRO" or
"earth station•, that would enable them to receive television
signals transmitted directly from satellites and view them on a
television monitor. After researching the technology and
consulting with a vendor, plaintiffs purchased a TYRO "dish
antenna89 also known as a "parabolic antenna" because of its
shallow. dish shape, at a cost of $2500 installed. The
plaintiffs' dish antenna is ten feet in diameter and composed
primarily of black anodized wire mesh.
In December of 1987, plaintiffs" antenna vendor performed a
site survey of the Van Meter property in order to determine the
i
opti -mal site for the placement of the dish antenna. The results
of the survey indicated that, given the characteristics of
plaintif4s' lot, the antenna would have to be mounted on the roof
to enable plaintiffs to receive signals from all of the .available
satellite television channels.
At the time of their purchase, plaintiffs were aware of a
zoning ordinance enacted b4 the Maplewood Township Committee .the
"Committee ") that governed the installation of dish antennas.
The "Maplewood Dish Antennae Zoning Ordinance" (the "Ordinance")
became effective June 6, 1983. Among its provisions, the
Ordinance forbids the use of a dish antenna greater than six feet
in height "measured at the highest point of its outer
circumference or extension," requires that the dish be placed in
the rear yard, establishes minimum setbacks from property lines
and buildings and requires that the dish be "screened from view .
by evergreen planting which shall be at least six feet in
height at the time of planting." ( A complete copy of the
Ordinance is set out in the Appendix to this Opinion).
On May 24, 1986, plaintiffs wrote the township construction
official seeking a variance from the Ordinance to allow them to
place the antenna on their garage roof. The construction
official, Robert Mittermaier, wrote the Van Meters on April 1,
1986, and informed them that the placement they proposed was "not
acceptable" and denied their "application for permission" to
erect a dish antenna.
2
..Plaintiffs attempted to appeal Mittermaier's decision to the
township's Board of Zoning Adjustment (the "Board '). They allege
that although they complied with the procedures for appeal as
explained by Mittermaier, he rejected the application because
notice of publication was not timely served on the municipality.
According to plaintiffs, Mittermaier, and later the mayor of the
township, informed the plaintiffs that an appeal to the 80.1rd
would be futile. Defendant disputes these allegations.
After learning of an order of the Federal Communications
Commission ( °FCC') that plaintiffs believed permitted the
installation of their antenna without regard to the local
Ordinance, plaintiffs installed the antenna on the roof of their
house. On May 3, 1987, plaintiffs received a summons for
violation of the Ordinance and were ordered to appear before the
municipal court on May 19, 1987. That summons is still pending.
On November 'il, 19879 plaintiffs filed this action under 42
U.S.C. sec. 1983 claiming that the Ordinance is preempted by FCC
regulation and that it violates their First Amendment rights to
receive satellite television signals. They seek injunctive .1n.1
declaratory relief and ask for attorney's fees pursuant to 44'
U.S.C. sec. 1988.
Abstention
Although not raised directly as a bar
defendant. I must first address the
- 3 -
to this action b-4
issue of absten t i -on .
Abstention, in its various manifestations, is a prudential
doctrine applied to further comity, federalism and .judicial
economy. In certain limited circumstances, a federal court
should abstain from exercising its jurisdiction where a state
proceeding involving the same dispute is pending, Younger v.
Harris, 401 U.S. 37 (1971); Williams v. Red Bank Be. of Educ.,
662 F.2d 1008 (3d Cir. 1981)9 where allowing a state court to
construe its challenged statute could avoid the necessit,� of
reaching any constitutional issue, Railroad Comm"n of Texas v.
Pullman Co., 312 U.S. 496 (1941), or where the issue involves a
complex, comprehensive body of state regulation over an area of
traditionally local interest, Burford v. Sun Oil Co., 319 U.S.
315 (1943). Although abstention reflects sensitivity to state
sovereignty, its application is not the result of more deference
but reflects an accommodation between state and federal
interests.
The-doctrine first announced in You_, supra, prevents a
federal court from hearing a case involving strong and compelling
state interests where a proceeding between the same parties and
involving the same issues is pending in the state courts. In the
present case, a summons was issued to the plaintiffs for
violation of the Ordinance on May 7, 1986. While Younger
principles might arguably require abstention .in this instance.
.here defendant states that "Maplewood . . . has agreed to stay
the prosecution of its Municipal Court c=omplaint against Van
4 -
D
Meter until after plaintiff's motion for summary .judgment 13
decided.' Because defendant has voluntarily submitted to the
.jurisdiction of this c=ourt, therefore, the values underlying
..Yo.+_ neaer are not implicated and its prudential constraints do not
apply. Ohio Civil Rights Comm-'n v Dayton Christian Schools.-
Inc., 477 U.S. 619, 626 (1986); Brown v. Hotel Restaurant
Employees and Bartenders Intl Union-Local 54, 463 U.S. 491, 500
n.9 (1984); Ohio Bureau of Employment Services v Hodor-a, 431
U.S. 471, 480 (1977).
Nor does Younger abstention apply to any administrative
remedy which may have been available to plaintiffs through the
township's Board of Adjustment because no proceeding is pending
before that body. Plaintiffs twice attempted to obtain a
variance from the Board. Their first letter, requesting a "zoning
variance hearing at the next town meeting," was treated as an
"application for permission" to erect a dish antenna and "denied'
by the township construction official who also informed
plaintiffs of their right to appeal his decision to the Board.
Plaintiff discussed the notice requirements for a hearing
application before the Board with the construction official and
then completed and filed an "Application for Hearing" and had .a
public notice of an appeal for a variance printed in the local
newspaper. According to plaintiffs' certification, however, the
construction official refused to accept the application because
he claimed not to have received proof of publication in
- 5 -
suff•kcient time. Defendant does not claim that a variance
application is now pending and it is clear that the unappealed
decision of a municipal administrative official is not a pending
proceeding within the meaning of the `rouncer doctrine.
Pullman abstention requires a federal court to abstain when
difficult and unsettled questions of state law must be resoIk�ed
before a federal question can be decided. The "relevant inquiry"
under the Pullman doctrine, as the Supreme Court observed in
Hawaii Housing Auth, v. Midkiff, 467 U.S. 2299 237 (1984) "is
not whether there is a bare, though unlikely, possibility that
state courts might render adjudication of the federal question
' unnecessary." Rather, the question is whether the statue is of
an uncertain nature and "obviously susceptible of a limiting
construction.'• Inc., guoting Twickler v. Koota, 389 U.S. 241,
231 and n. 14. Pullman abstention is inappropriate here. The
language of the Ordinance is clear and unmistakable on its face
and no difficult area of state law is presented for
interpretation. Moreover, Pullman abstention is inappropriate in
cases involving a claim of preemption. Kennecott Corp. v. Smith,
637 F.2d 1819 183 (3d Cir. 1980).
Exhaustion of Administrative Remedies
I must next address defendant's claim that plaintiffs'
- complaint should be dismissed for failure to exhaust
administrative remedies.
b -
a
..Exhaustion of state administrative remedies is not required
before initiating an action under 42 U.S.C. sec. 1983. Pats-4
Florida 80. of Regents, 457 U.S. 496 (1982). A section 1.98:3
action may be brought for the "deprivation of an -:� rights,
privileges, or immunities secured by the Constitution and laws"
of the United States. 42 U.S.C. sec..1983. Congress legalized
the reception of authorized or unencrypted satellite television
signals under the Cable Communications Policy Act of 1984 (the
"Cable Act "), as discussed at greater length below, and the FCC.
in turn, issued the Order to minimize interference with satellite
television reception. This permits plaintiffs to bring a Section
1983 action for interference with this federal scheme. Maine v.
Thiboutot, 448 U.S. 1 (1980); In also, logo, Kennecott Corp.,
supra, 637 F.2d at 186 no S (section 1983 action may be brought
for federal statutory rights protected by Williams Act);
Pietroniro v. Oceancort, 764 F.2d 976, 980 (3d Cir.), cert.
deniQd, 474 U.S. 1020 (1983) ( "In the absence of a comprehensive
enforcement scheme within the regulatory scheme which encompasses
plaintiffs' complaint," there is a private cause of action
through section 1983 to redress state's failure to provide
r
housing relocation assistance under Housing Act of 1949 and
Uniform Relocation Assistance and Real Property Acquisition I
Policies Act of 1970). Exhaustion of administrative remedies is
therefore not a bar to this action. 1
Exhaustion, of administrative remedies is further
- 7 -
inappropriate in this instance because the administrative
proceedings available to plaintiffs -are not adequate forums for
their federal claims and would not materially advance the
resolution of this controversy. 11j, a.g., Republic Indus.. Inc.
v. Central Pennsylvania Teamsters Pension Fund, .593 F.2d 290, x'95
(3d Cir. 1982); Cerro Metal Prods, v. Marshall, 620 F.2d 964,
970 -71 (3d Cir. 1980). The Board's functions are narrowly
limited to technical matters involving review of decisions of
administrative officers of the Board, interpretations of zoning
maps and ordinances and the granting of variances. $e• N.J.S.A.
sec'. 40 :55D -70. Its proceedings are not bound by the rules of
evidence. N.J.S.A. sec. 40:55D- 10(e). Appeals from a Board
decision may be taken to the municipality's governing body, in
this case the township committee, only "if permitted bu
[township] ordinance.' N.J.S.A. sec. 40 :55D- 17(a). Even then,
appeals are limited to the Board's decisions. on special use
variances. Inc.; Nickerson v. Newark, 220 N.J.Super. 284 (L.Div.
1987). To require exhaustion of an administrative process that
is Nithout competence to consider plaintiffs claims would merely
delay the ultimate resolution of this dispute.
Finally,, invocation of the exhaustion doctrine is also
inappropriate where a federal plaintiff faces state criminal
prosecution under a statute he challenges as facially invalid and
where the state administrative body is without competence to
resolve the claim. Moore v. East Cleveland, 431 U.S. 494. 497 n.
- 8 -
5 (1977) (plaintiff facing quasi- criminal
proceeding for
violation of local zoning ordinance not required to seek zoning `
variance).
Since I conclude that plaintiffs are not required to exhaust I'
administrative remedies, defendant's motion to amend its answer I
to assert this affirmative defense is denied as futile.
The FCC Order
In 19849 Congress passed the Cable Communications Policy Act
of 1984 (the "Act') .amending the Communications Act of 1934. The
main thrust of this legislation is to assure that the exploding
market for cable television technology provides the widest
possible diversity of information services to the public. ill
House Committee on Energy and Commerce, Cable Communications
Policy Act of 19849 H. R. Rep. No. 89 -9349 98th Cong., 2d 5ess.
19, reprinted in part in 1984 U.S. Code Cong. do Admin. News 4655,
4656. Recognizing that cable suppliers often rely or encrypted
satellite transmission feeds which they then distribute through
the cable distribution network to home viewers, the Act also 4
provided for stiffened penalties for unauthorized satellite vice-3
users who intercept and decode these "pirated" messages for
private use. See 47 U.S.C. 605(a). This provision also contains
a limited exception to liability for direct reception of
.unencrypted and authorized reception of encrypted satellite
television transmissions. Id. at sec. 605(b). Congress
apparently believed that unrestricted market forces embodied in
the purchasing decisions made by individual consumers would be
the best means of determining the viability of this information
distribution technology. See 120 Cong. Rec. 514.286 (Oct. 11.
1984) (statement of Sen. Packwood) reprinted in U.S. Code Cong. &
Admin. News, 4742, 4747.
Relying in part on the Cable Act's satellite television
provisions, see 51 Fed. Reg. 5 519, 5522 (1986), the FCC issued an
Order entitled "Preemption of local zoning of earth stations,"
found at 47 C.F.R. sec. 25.104. The Order provides, in relevant
part, that:
State and local zoning or other regulations
that differentiate between satellite
receive -only antennas and other types of
antenna facilities are preempted unless such
regulations:
(a) Have a reasonable and clearly
defined health, safety or aesthetic
objective; and
(b) Do not operate to impose
unreasonable limitations on, or prevent,
reception of satellite delivered signals by
receive -only antennas or to impose costs on
the users of such antennas that are excessive
in light of the purchase and installation
cost of the equipment.
47 C.F.R. sec. 25.104.
Plaintiffs assert that this Order preempts the Maplewood
Ordinance.
Preemption of the Ordinance
I f C1?
N federal regulation may preempt state or local law i
r.
a
1�
the -.agency intended to exercise exclusive authority in the area
and (2) if the agency is legally authorized to displace state or
local regulation. New York v. FCC, 56 U.S.L.W. 44149 4416 -17
(U.S. May 16, 1988). The intent of the FCC is clear on the face �f
of the Order which explicitly provides that local regulation If
inconsistent with its requirements is preempted.
The second step of the New York test and defendant's
assertion that the FCC exceeded its authority present identical
inquiries. This court, however, lacks subject matter
jurisdiction to consider the question. Before an FCC order is
submitted to judicial review, the FCC must have been given the
opportunity to reconsider its position. 47 U.S.C. sec. 405y
Peoria v. General Elec, Cablevision Corp. 690 F.2d 116, 121 (7th
Cir. 1982). Although 47 U.S.C. sec. 405 specifies that a
petition for reconsideration must be filed within thirty days of
the Commission's decision, this provision has been interpreted
merely to-provide the Commission with a "fair opportunity" to
I
consider the issues. Meredith Coro. v. FCC, 809 F.2d 863
(D.C.Cir. 1987)1 Peoria, supra, 690 F.2d at 119. Thus defendant (�
may raise his arguments before the commission in a motion for a
declaratory judgment, 47 C.F.R. sec. 1.2, or in a petition for
repeal of the Order, 47 C.F.R. sec. 1.401. Judicial.review may
only then be sought from the Court of Appeals. 47 U.S.C. 405(a)t
-28 U.S.C. sec. 2342(1). In the interests of judicial economy. I
will assume without deciding that the Order was a valid exercise
- 11 -
of authority by the Commission and proceed on to the balance of
�1 the preemption analysis.l
The preemption issue presented here is unusual because the
federal regulation itself establishes standards that govern
whether and to what degree the local regulation is preempted.
The threshold determination under the Order is whether the
challenged regulation differentiates between TVRO's and other
types of antenna facilities. The Ordinance clearly applies to
"dish antennae or satellite receiving station[sl.-
Ordinance sec. 2.1. It differentiates between TYRO antennas and
i
transmitting dish antennas by forbidding the use of the latter
entirely. Id. at sec. 2.3. The Ordinance does not apply to
UHF and VHF television, FM radio, or ham and short -wavi radio
antennas. Thus the Ordinance effectively discriminates between
different types of antennas.
The Order next provides that in order to avoid preemption,
the local regulation must have a reasonable, clearly defined
health, safety or aesthetic objective. The Ordinance passes this
testa Satellite dish antennas are large and rather unsightly.
_ Although it does not state its purposes explicitly, the Ordinance
is clearly an attempt to diminish the visual impact of the
antennas by requiring that they be installed in the rear yard
and, where they can be viewed from the street or adjoining
1 I note in passing that the Supreme Court recently sustained
the FCC's authority to issue regulations preempting local cable
regulation enacted in the wake of the Cable Act's passage. slew
York v. FCC, 56 U.S.L.W. 4414 (U.S. May 16. 1988). The Court
did not directly consider the FCC Order in question, however.
- 12 -
propArties, requiring that the installation be screened with tall
shrubbery. '.Some safety purposes might also be achieved b,j
preventing dish antenna roof placement and by establishing height
limitations in order to avoid the hazards of a fallen or,
wind -blown antenna.
Finally, the Ordinance also must not prevent or impose ll
unreasonable limitations on reception or impose costs on the user
disproportionate to his total investment in antenna equipment and
I
installation. In order to make this evaluation I must first
digress to consider how satellite television signals are
received. I draw this explanation from the undisputed affidavit
submitted by plaintiffs' TYRO vendor and installer, the article
submitted by defendant, Harry S. Roth, Regulating Satellite Dish
Antennas, American Planning Association, Planning Advisory
Service Report No. 394, and the discussion accompanying the
release of the FCC Order at 51 Fed. Reg. 5519 (19eb) 11 sea.
Nineteen satellites in geostationary orbit 22,300 miles
above the equator broadcast programming services that can be
received only by TYRO antennas. These "television satellites"
are located above the eastern Pacific and are spaced four degrees
apart from each other. The TYRO remains in a fixed position to
receives signals from a given satellite but is mounted on an
electric rotor that permits it to be realigned to receive signals
from the other satellites as required.
In order for the TYRO antenna to receive satellite signals.
- 13 -
there must be a clear line of sight between the satellite and the
dish antenna. Dense obstructions such as buildings, trees and
shrubbery interfere with or prohibit reception. The range of
unobstructed positions an antenna must. have to "view" the
satellites and receive signals is called a "reception window" or
"look angle*. This angle is expressed in terms of ` two
dimensions. The azimuth alignment, expressed in degrees from
true North, refers to the horizontal direction the antenna must
be directed. Since there are a number of television satellites,
this is expressed as a range. The elevation alignment refers to
the vertical orientation, usually expressed in degrees above the
' horizon. In northern New Jerseyp a look angle with an azimuth
alignment of 69 to 143 degrees West and an elevation alignment of
14 degrees above the horizon is required to receive signals from
the television satellites.
Because satellite- transmitted television signals are
relatively weak, the dish antennas must be at least ten feet in
length in this area of the country in order to receive
transmissions.
Plaintiffs do not claim that a rear -lot installation would
complertelg preclude all satellite reception; they claim, rather,
that they can receive "all" of the available signals only by
mounting the dish antenna on the roof of their house. The FCC
Order does not require the Ordinance to permit optimal placement;
it precludes only "unreasonable" interference with satellite
- 14 -
, 1%,
signal reception. It is unclear whether. plaintiffs inability to
receive,'all° of. the satellite signals includes channels which
are encrypted or_ which the plaintiffs are not otherwise
authorized to receive. Construing all facts in the light most
favorable to the party opposing ,summary judgment, I c=annot
conclude, on the basis of this - assertion alone, that the
regulation imposes an unreasonable burden on plaintiffs.'
It is clear, however, that the, Ordinance functions as an
unreasonable burden on reception because its provisions make
reception technically impossible and because it is generally
insensitive to the unique conditions that govern signal reception
on any given site. -
Although defendant does not dispute that a ten -foot wide
dish antenna is the smallest size'capable of receiving television
satellite reception in this area, the Ordinance. makes reception
technically impossible by limiting, the maximum height of any part
of the antenna installation to six feet. A ten-foott wide dish
antenna angled at the required fourteen degree elevation, would
clearly exceed this ,limitation.
The Ordinance.is also insensitive to the unique conditions
that govern reception on any given lot. The Ordinance
requires the antenna to be "screened from view from r adjoining
properties and streets by evergreen planting . . . at least six
feet in height at the time of planting." Ordinance sec. 1.1.
This standard is unreasonable because it is insensitive to the
- 15 -
r
r;
impact of shielding on an antenna's reception window. Whit.
vegetation surrounding a satellite installation can actually help
improve reception bg absorbing interfering signals, it can impair
or limit reception if it obstructs the antenna's line of sight.
If the orientation of a specific lot requires a looK angle
directed toward a rear - adjoining lot, for example, the antenna
would have to be placed over ten feet behind the required
six -foot high evergreen screening, assuming a fourteen degree
elevation azimuth, in order to gain a clear "view" over the
obstacle. Given the configuration of some lots, this might well
limit or completely prevent reception. This type of regulation
was specifically disapproved bV the FCC in the statements
accompanying its Order. 51 Fed. Reg. 55199 5524 (1986) ( *[An
ordinance] cannot unreasonably limit or prevent reception bo.
requiring, for example, that a receive -only antenna be screened
so that line of sight is obscured. ").
In addition, if there were lots;on either side of the rear
,hard, the TVRO user would also have to shield the antenna from
view by the adjoining properties by planting evergreen shielding
on both sides. Thus, a homeowner might have to plant thirty feet
of hedgerows six feet tall to comply with the ordinance at a cost
that could easily exceed the initial investment in satellite
television reception equipment.
The Ordinance also unreasonably restricts reception by
failing to provide options for alternative placement to TVRID
- 1S -
users who cannot receive signals or who would receive onl�
diminished reception through rear lot installation. While
roof - mounting poses obvious aesthetic and safety problems, a per
se prohibition of roof installations, especially where the
community interests in appearance and safety can be satisfied at
least in part, is an unreasonable limitation on reception within
the meaning of the Order.
Defendant's proposed solution to the antenna height
limitation, which it concedes to be an unreasonable limitation
of reception, is to allow TYRO users who cannot achieve reception
within the constraints imposed by the Ordinance to apply to the
Board of Adjustment for a zoning variance. (This would presumably
also be its response to the other unreasonable limitations I have
found the statute imposes upon reception). The defendant claims
that this scheme would effectively enable the Board to apply the
Ordinance in an individualized manner.
This scheme is unsatisfactory for several reasons. First,
while the concept of individualized treatment may be a worth,
one,.varianees from this Ordinance do not provide an effective
means of achieving this objective. A variance from a zoning
ordinance is permitted only if "without substantial detriment to
the public good* and if it "will not substantially impair the
intent and the purpose of the zone plan and zoning ordinance."
N.J.S.A. sec. 40:330 -70. Apart from the very real question of
whether any variance from the challenged Ordinance would remain
- 17 -
i
consistent with its specific purposes, this scheme is
objectionable because it does not include reasonable satellite
television signal reception as a factor in the evaluation but
considers only the purposes of the ordinance and the "publi.=
good ".
'Second, permitting the Board effectively to regulate TVR.0
antenna placement bg granting variances from an invalidated
ordinance would allow the Board to exercise authority without
bounds. No standards for antenna placement would exist to guide
the decisions of the Board, to apprise TYRO users of permitted
placement sites, or to provide a meaningful standard for review
of the Board's decisions. Nor could the Board be guided directly
by the FCC Order since it was intended as a standard for the
preemption of local regulation, not a model zoning ordinance.
Permitting the Board to regulate TYRO use in this manner would
also increase the likelihood of judicial intervention in a
traditionally local function, something that I would think that
the defendant would be loathe to encourage.
Finally, the variance procedure, requiring TYRO antenna
users to make an application for hearing, publish notice, serve
notice of publication and- make a presentation at a public=
meeting, imposes burdens other antenna users are not required to
bear and is therefore discriminatory within the meaning of the
Order. Since the process is not governed by consistent,
objective standards, this variance process would represent an
- 19 -
, 4
unreasonable limitation on reception.
I am not unsympathetic to the difficult task faced by
municipalities that seek to regulate dish antenna use in
balancing the community's aesthetic and safety interests with the
individual's interest in receiving information transmitted
through satellite television signals. The FCC, however, has
determined that when the community and individual interests
conflict in this context, the interests of the individual and the
national interest require that the balance be tipped in favor of
permitting individual satellite television reception. The task
of fashioning appropriate legislation in light o4 this mandate is
not a simple one, but municipalities can enact regulation
consistent with the Order bV regulating the use of all antennas
evenhandedly, without imposing special burdens on TVRO dish
antenna users, or by ensuring that their regulations do not make
reception technically impossible and are flexible enough to
account for the unique reception requirements of the individual
lots within their boundaries.
Conclusion
For the reasons above, I conclude that, assuming that the
FCC had authority to issue the Order, the Maplewood Ordinance is
preempted. txy 47 CFR 25.201. I thus need not reach plaintiffs'
constitutional claims.
If the FCC Order is valid plaintiffs would be entitled to
l
- 19 -
i summ -ar9 judgment declaring the Ordinance invalid, enjoining its
■ enforcement and awarding plaintiffs attorney's fees pursuant to
42 U.S.C. sec. 1988. It would follow that defendant's motion to
dismiss the preemption claim and for failure to apply for a
variance should be denied on the merits and that defendant's
motion to dismiss Counts 2 and 3 should be dismissed.as moot.
.However, defendant challenges the validity of the FCC Order,
an issue I do not have jurisdiction to decide. If within 45 days
of October 11, 1988 defendant commences a proceeding challenging
the Order before the FCC and thereafter actively prosecutes the
proceeding, and if defendant stays prosecution of plaintiffs and
enforcement of the Ordinance against them, I shall defer entering
summary judgment against defendant at this time and shall stay
proceedings in this case until final disposition of the
proceeding challenging the validity of the FCC Order. Otherwise
summary judgment will be entered as described above. Defendant
should advise me by October 319 1988 what course of action it
proposes to take.
" 1
C n
DICKINSON R. DESEVOISE, U.S.D.J. DATE
- 20 -
L
X&PLEWOOD DISH ANTENNAE ZONING ORDINANCE
This ordinance regulating the construction placement and buffering of dish antennae
within the Township of Maplewood and supplementing and amending the zoning ordinance
of the Township of Maplewood.
Be it ordained by the Township Committee of the Township of Maplewood in the Councv
of Essex as follows:
There is hereby adopted an ordinance regulating the construction, placement,
and use of dish antennae_ within the Township.of Maplewood and supplementing and
amending the zoning ordinance of the Township of Maplewood regarding Accessory
Building and Structures.
SECTION 1. ACCESSORY BUILDINGS AND STRUCTURES
Section 1.1: An accessory building attached to a principal building is considered
part of the principal building and shall adhere to the yard require-
ments for the principal building.
Section 1.2: The distance from an accessory building to a principal building shall
not be less than 10 feet, nor less than 6 feet from another accessory
building or a property line.
Section 1.3: The distance from an accessory building to a side property line shall
not be less than the side yard requirements of the principal building.
SECTION 2. DISH ANTEINAE
Section 2.1: A receiving dish antennae (or satellite receiving station) shall be
considered an accessory structure.
Section 2.2: A receiving dish antennae shall be no more than 6 feet in height
measured at the highest point of its outer circumference or any
extension, including the supporting structure. It shall be located
in the rear yard only.. On corner lots, which have. no defined rear
yard, it shall be located in a side yard a minimum of two times the
required front setback from the street line measured at its closest
point on its circumference, at any extension or to its supporting
structure, whichever is closest. -
Section 2.3: A transmitting dish antennae is not a permitted use.
SECTION 3. 'BVF7Z18 FOR DISH A-1aTR1 AW
Section 3.1: A dish antennae shall be screened from view from adjoining properties
and streets by evergreen planting, which shall be at least six feet
in height at the time of planting.
This ordinance shall take effect immediately upon final passage and publication as
required by law.
PASSED: June-A, 1985
PUBLISHED: June.6, 1985
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October 15, 1992
City of Edina Planning Department
Edina City Hall
4801 West 50th Street
Edina, MN. 55424
Re: Aufderheide Variance Appeal
To Whom It May Concern:
This letter will serve as aprotestto the installation of the roof - mounted satellite dish proposed by Mr.
Aufderheide at 5325 West 62nd Street, an R-1 zoned district.
I can only reiterate the concerns presented at Mr. Aufderheide's original variance request. I don't agree
that any undo hardship will be imposed on Mr. Aufderheide by not allowing him the use of a large
roof - mounted dish. In additon, being a past installer of such devices, including installations within the City of
Edina, would necessitate that he already know of the ordinances adopted by the City concerning these units.
He simply should have known better.
Both the FCC and the City of Edina have recognized the unsightlynature of such large dishes mounted atop
a roof in view of close neighbors, as many of us are. I completely support current FCC regulations and City
of Edina ordinances regarding satellite dish structures and therefore must ask that the Planning Department
take all necessary steps to see that this variance is denied by the City Council.
Regards,
�o
O /
Douglas Mahal
5320 Maddox Lane
920 -7355
i
OCT 19 '92 08:36 CUST RELATIONS GRP
Ross & Chris Rifkin
5320 W. 62nd Street
Edina, MN 55436
(612) 925 -2520
October 19, 1992
Planning Department
Attention: Jackie
City of Edina
Fax: 927 -7645
Dear Planning:
P.2 /2
On behalf of my family, we are writing to you once more about Jim and Regina
Ausderheide's request to place a satellite antenna dish on their roof top at 5325 W.
62nd Street. We would request that Jim and Regina, as well as, the City of Edina
Planning Department not allow placement of a satellite dish into the view of neighbors.
Our house is directly across the street from the Jim and ReginaIs'home. Our kitchen
and dining area, as well as, the children's rooms face their home. It would be upsetting
for my family to be looking out at a roof line with a satellite dish so many times over the
course of our day.
To. keep this in perspective, this is not the most important issues facing any of us today.
However, there is a certain pleasant and highly prized aesthetic quality to our Edina
neighborhoods that is diminished by having things such as satellite dishes placed into
our everyday views of our immediate world. We prefer the warm feeling of homes
nestled in trees which dominates our surroundings.
There is a matter of economics, too. We know that the views from a house do affect its
value. We would not have been willing to purchase a home looking onto a satellite
dish. We are very concerned that this change could negatively affect the value of mine
and our neighbors' homes (including Jim and Regina's).
We do not know how many of our neighbors will voice their concerns, but from our
discussions with a number of them, it is clear that all with whom we have spoken have
similar feelings about this type of change to our neighborhood. It is our hope that Jim
and Regina will understand the importance of preserving the aesthetic qualities of their
new neighborhood. We hope and expect that Edina's City Planners will see part of
their purpose is to retain this valuable quality in all of our Edina neighborhoods.
Thank you.
Sincerely,
Ross & Chris Rifkin
1 rJ�gz
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AGENDA ITEK IV.A
Re-cil 10 ~q~Iu_
TO THE MEMBERS OF THE EDINA CITY COUNCIL
Comments on Section 1046
I would like to take this opportunity to speak out again
about what I feel is an unfair and quite possibly illegal
infringement on the rights of private property owners to use
their own driveways as they see fit, whether that be in the
past, present, or future.
On October 5th I asked this question of the Council,
"What business is it of the public's what I choose to park in
my own driveway?" To this point I have failed to find any
city official that can answer that question. My property is
privately owned and so are all of the neighbors properties.
There is no City property involved. Since there is no public
property involved, I fail to see how this issue has become a
public matter.
This is not a public safety issue either. No argument
has been made to indicate that parking a vehicle in a
driveway represents any risk to the public.
There are really two issues here, aesthetic values and
private property rights. As far as aesthetic values go, who
gets to decide what is or is not attractive? Each person
will have his or her own ideas about what is not attractive.
There is virtually no consensus on what is an eyesore. If we
were to outlaw everything that one person did not like to
look at, none of us would have the freedom to do anything at
all. I personally am not offended by a well maintained
vehicle of any type parked in a driveway.
^
° ^
Each property owner has certain rights over his or her
own property. One of those is the right to use the property,
that includes the driveway. My property is not a museum, I
live there. At some point I may make some changes. To
expect everything to remain the same forever is unrealistic.
Some changes are a part of nature and beyond the control of
any person. However, I am not aware of any law at any level
that gives my neighbors any rights over my property. My
neighbors do have property rights over their own properties,
but they end at the lot line. They do not apply to my
property.
Respectfully,
—AW,
a
Gary A. Bartolett
7421 Gleason Rd.
- Fo AGENDA ITEM IV.A
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REPORT/RECOMMENDATION
To: MAYOR AND COUNCIL
From: GORDON L. HUGHES
Date: OCTOBER 19, 1992
Subject:
ORDINANCE NO. 1992 -1 -
AMENDING CITY CODE BY ADDI
NEW SECTION 1046 - PARKING
AND STORAGE OF VEHICLES
Recommendation:
Agenda Item #
IV • A-
Consent
❑
Information Only
❑
Mgr. Recommends
❑
To HRA
0
To Council
Action
❑
Motion
❑
Resolution
❑
Ordinance
❑
Discussion
Grant First Reading to Ordinance No. 1992 -1, an Ordinance adding
Section 1046 - Parking and Storage of Vehicles.
Info/ Background:
On October 5, 1992, the City Council continued discussions
concerning the subject Section until the October 19, 1992,
meeting. Since the October 5, 1992, meeting, staff has reviewed,
in more detail, the process for amending the City Code. To
affect an amendment to the Code, the Council should adopt an
enacting.Ordinance. Therefore, we have prepared Ordinance No.
1992 -1 for the purpose of amending the code by adding a new
Section 1046. Section 1046 �s identical to the draft that was
forwarded to you on October 5.
r
ORDINANCE NO. 1992 -1
AN ORDINANCE AMENDING THE CITY CODE BY ADDING A NEW
SECTION 1046 AND REPEALING SECTION 1045
THE CITY COUNCIL OF THE CITY OF EDINA ORDAINS:
Section 1. The City Code is hereby amended to provide a new Section 1046 as
follows:
"Section 1046 - Parldng and Storage of Vehicles and Equipment
1046.01 Definitions. Unless the context clearly indicates otherwise, the following
words and phrases have the meanings given in this Subsection:
All Terrain Vehicle (ATV). A motorized flotation -tired vehicle of not less than three
low pressure tires, but not more than six tires, that is limited in engine displacement
of not less than 800 cubic centimeters and total dry weight less than 600 pounds.
Boat. Any contrivance used or designed for navigation on water.
Commercial Usage Vehicles.
A. Vehicles and equipment designed or modified for use in any construction,
demolition) or maintenance activity.
B. Tractors.
C. All trailers or towed equipment exceeding a gross vehicle weight of 1500
pounds but not including recreational vehicles or trailers used to transport
boats, snowmobiles or ATVs.
D. Snow removal vehicles and equipment and tree trimming vehicles and
equipment.
E. Earth moving vehicles and equipment.
F. Trucks, vans and pickups with a manufacturer's nominal rated carrying
capacity of more than three fourths ton.
District. A zoning district established pursuant to Section 850 of this Code.
Inoperable Vehicle. A vehicle including, but not limited to, any automobile, truck,
trailer, marine craft, snowmobile, motorcycle, all terrain vehicle, mobile home,
pickup camper, camping trailer, and other equipment for motorized transportation,
that (i) has a missing or defective part that is necessary for the normal operation
of the vehicle, or (ii) is stored on blocks, jacks; or other supports, or (iii) does not
display a license, or displays - a license that is 60 days or more past its required
renewal date. Unmounted pickup campers or vehicles which are towed shall not be
deemed inoperable vehicles if they otherwise possess all parts and are capable of
normal operation and display a license that is not more than 60 days past its
required renewal date if a license is required.
Non - Conforming Parking Location. An outdoor location on the driveway of a lot
in the R -1 or R -2 District which location is not within 15 feet of the street and not
within five feet of a side lot line.
Recreational Vehicle. A vehicle used or designed for use for temporary residential
occupancy including but not limited to campers, motorhomes, mobile homes, pickup
campers, camping trailers, tent trailers and travel trailers.
Snowmobile. A self - propelled vehicle designed for travel on snow or ice steered by
skis or runners.
Special Purpose Trailer. A trailer having a gross vehicle weight of less than 1500
pounds. Special purpose trailers include utility trailers, and trailers used to
transport boats, snowmobiles or ATVs.
1046.02 Parking or Storage of Commercial Usage Vehicles, Inoperable Vehicles and
Vehicle Parts. Commercial usage vehicles, inoperable vehicles, or any part or equipment
appurtenant to any vehicle shall not be:
A. Parked or stored outdoors on lots in residential districts.
B. Parked or stored outdoors on lots in non - residential districts for more than 48
hour's.
Provided, however, vehicles and equipment used for maintenance, repair, or construction
on the premises may be parked on the premises during the period of work.
1046.03 Parking or Storage of Recreational Vehicles, Boats, ATVs, Snowmobiles, etc.
Recreational vehicles, boats, ATVs, snowmobiles, special purpose trailers or other vehicles
designed or used for off -road purposes may be parked or stored in a garage or lawfully
erected building, or may be parked or stored outdoors as follows:
Subd. 1 Lots in the R -1 District, R -2 District, PRD -1 and PRD -2 Subdistricts.
A. No more than two such vehicles, not more than one of which is
a recreational vehicle, shall be parked or stored outdoors on each lot.
For purposes hereof, a vehicle on a trailer shall be considered one
vehicle.
B. Any such vehicle parked or stored outdoors shall be owned or
leased by the occupant of the premises where parked or stored.
C. Any such vehicle shall not be parked or stored within five feet of
an interior side lot line, within 25 feet of a rear lot line, or within the
required front street setback or side street setback as defined by
Section 850 of this Code.
D. Any such vehicle shall not be parked or stored closer to the
buildable area for a principal building on an adjoining lot than to the
principal building on the lot where parked or stored.
E. Notwithstanding the requirements of paragraphs A., B., C., and D.
of this Subdivision, any such vehicle may be parked on a temporary
basis on a driveway within the required front street setback or side
street setback subject to the following requirements:
1. Such vehicle shall not be parked for a period of time
exceeding seven days.
2. Such vehicle shall not be parked within 15 feet of the
travelled portion of a street and not within five feet of a side
or rear lot line.
It is the intent of this paragraph to permit the short term parking of
such vehicles for loading or unloading purposes and to accommodate
the visitors and guests of the residents of the premises.
Subd. 2 Lots in All Other Residential Districts.
A. Any such vehicle parked or stored outdoors shall be owned or
leased by the occupant of the premises where parked or stored.
B. Any such vehicle parked or stored outdoors shall be parked or
stored only on hard surfaced areas.
Subd. 3 Lots in Non - Residential Districts.
A. Any such vehicle shall not be parked or stored outdoors for more
than 48 hours.
B. Any such vehicle shall be parked or stored only on areas improved
as a parking area.
1046.04 Other Vehicles. Passenger automobiles and all other vehicles not regulated
by Subsection 1046.02 and Subsection 1046.03 may be parked or stored in a garage or
lawfully erected building, or may be parked or stored outdoors as follows:
Subd. 1 Lots in the R-1, R 2, PRD -1 and PRD -2 Districts. On the driveway but
not within 15 feet of the travelled portion of the street or within five
feet of a side or rear lot line.
Subd. 2 Lots in All Other Residential Districts. On a parking area that is hard
surfaced.
Subd. 3 Lots in All Other Non - Residential Districts. On a parking area that is
hard surfaced but not for periods exceeding 48 hours. Provided,
however, vehicles may be stored for periods exceeding 48 hours on
lots in the PCD -3 District as defined in Section 850 of this Code,
which are used for the sale of new or used automobiles or boats.
1046.05 Variances for Recreational Vehicles, Boats, etc.
Subd. 1 Variance System Established. The restrictions set out in Subsection
1045.03 are necessary for the peace, health, safety and welfare of the citizens of the
City. It is recognized that there are so many kinds of recreational vehicles, boats,
etc. and so many shapes and sizes of lots and land parcels within the City, that no
matter what restrictions are placed upon their outdoor parking and storage,
hardships will result to some owners of recreational vehicles, boats, etc. and
nuisances will result to some non - owners. In an attempt to avoid such hardships
and nuisances, this variance system is established.
Subd. 2 Application. Any person desiring to locate a vehicle in a location not
permitted by Subsection 1046.03 may file a petition for a variance with the Planner
on forms provided by the Planner. The applicant shall pay a fee as set forth in
Section 185 of this Code. No variances shall be given or allowed for more than the
number of vehicles allowed by Subsection 1046.03.
Subd. 3 Hearing and Decisions by the Board; Notice.
A. Within 30 days after the Planner determines that a variance
petition is complete, and all required fees and information have been
received, the Zoning Board of Appeals as established by Section 850
of this Code shall conduct a public hearing and after hearing the oral
and written views of all interested persons,,shall make its decision at
the same meeting or at a specified future meeting. Any decision
granting a variance may impose conditions which the Board deems
necessary to ensure compliance, protect adjacent properties and
promote the peace, health, safety and welfare of the citizens.
B. Notice of variance hearings shall be mailed not less than ten days
before the date of the hearing to the person who filed the petition for
variance and to each owner of property situated wholly or partially
within 200 feet of the property to which the variance relates insofar
as the names and addresses of such owners can be reasonably
determined by the Planner from records maintained by the Assessor..
Subd. 4 Appeal. The applicant, any owners to whom notice of the hearing was
given, or any member of the staff of the City, may appeal a decision of the Board
to the Council, by filing a written notice of appeal with the Clerk within ten days
after the date of the decision.
Subd. 5 Hearing by Council. The Council, at its next regular meeting after the
appeal is filed, shall set a date for hearing the appeal. Notice of the hearing shall
be given in the same manner as the hearing before the Board. At the hearing, all
persons shall be heard who wish to be heard, in person or by a representative. At
the hearing, or a specified future date, the Council shall make its decision. The
Council's decision shall set forth its findings and reasons for granting or denying.the
variance, or the Council may adopt, as its own, the findings and reasons of -the
Board. On granting a variance, the Council may impose conditions to the same
extent as the Board as set out in Subd. 3 of this Subsection.
Subd. 6 Variance Order. Each variance order shall be retained on the property
to which it relates and shall be displayed at the request of any City employee.
Subd. 7 Variance Not Transferrable, Exception. Each variance shall be limited
and restricted to the stated person, vehicle and property location and may not be
transferred to any other person, or be used for any other vehicle or property
location. Provided, however, a variance may be transferred to another vehicle
provided such vehicle is not longer, wider, taller or older than the vehicle for which
the variance was initially granted.
Subd. 8 Revocation of Variance. Each variance granted may be revoked by the
City for failure of the recipient to comply fully and continually with the stated
conditions or for any violation of the provisions Subd. 7 of this Subsection.
1046.06 Non - Conforming Parking and Storage. Any recreational vehicle, boat,
snowmobile, all- terrain vehicle, or special purpose trailer which was parked or stored in
a non - conforming parking location prior to the effective date of this Section may continue
to be so parked or stored subject to the requirements of this Subsection.
Subd. 1. Standards for Parking and Storage.
A. An inoperable vehicle shall not be parked or stored in a non-
conforming parking location. An inoperable vehicle may be parked or
stored only in those locations required by Subsection 1046.02.
B. No more than one recreational vehicle, boat, snowmobile, all-
terrain vehicle, or special purpose trailer shall be parked in a non-
conforming parking location.
C. Any recreational vehicle, boat, snowmobile, all- terrain vehicle, or
special purpose trailer parked or stored in a non - conforming parking
location shall have been owned continuously since the enactment of
this Section by the occupant of the premises where parked or stored.
D. The lot upon which a recreational vehicle, boat, snowmobile, all-
terrain vehicle, or special purpose trailer is parked or stored in a non.
conforming parking location shall have been owned or rented
continuously since the enactment of this Section by the owner of the
vehicle so parked or stored.
Subd. 2. Proof of Ownership. Upon the request of any City employee, the
occupant of the premises where a recreational vehicle, boat, snowmobile, all- terrain
vehicle, or special purpose trailer is parked or stored in a non - conforming parking
location, shall provide proof of compliance with paragraph C. and paragraph D. of
Subd. 1 of this Subsection."
Section 2. Section 1045 of the City Code is repealed in its entirety.
Section 3. This ordinance shall be in full force and effect upon its passage and
publication.
First Reading:
Second Reading:
Published in the Edina Sun - Current on
ATTEST:
City Clerk
Mayor
O
sN
\'`tAAnw
REPORT/RECOMMENDATION
To: MAYOR AND COUNCIL
From: GORDON L. HUGHES
Date: OCTOBER 19, 1992
Subject:
ORDINANCE NO. 1992 -2 -
Af- :ENDING CITY CODE BY
ADDING NEW SECTION 716 -
RECYCLING SERVICE CHARGES
Recommendation:
Agenda Item # IV. B.
Consent F7.
Information Only ❑
Mgr. Recommends ❑ To HRA
57
To Council
Action ❑
Motion
❑
Resolution
❑
Ordinance
❑
Discussion
Adopt First Reading of Ordinance No. 1992 -2.
Info/ Background:
The proposed Ordinance provides for the establishment of
recycling service charges. This concept was discussed in detail
during the City Council's budget hearings. At that time, the
Council directed that the General Fund's contribution to the
recycling program be deleted and that charges be made against
those properties which benefit from the City's recycling service.
The proposed Ordinance provides for a quarterly charge against
properties to which recycling services are made available by the
City. At present, single - family dwellings, two - family dwellings,
townhouses, and apartment buildings with eight or fewer units are
served by the City's program. The quarterly charge would be
itemized on each property's utility bill. This service charge is
estimated to be appr- oximately $4.00 per quarter for a single -
family dwelling, two - family dwelling, and townhouse and
approximately $2.00 per quarter for apartment units. The
ordinance, if adopted, would take effect January 1.
ORDINANCE NO. 1992 -2
AN ORDINANCE AMENDING THE CITY CODE BY
ADDING A NEW SECTION 716
THE CITY COUNCIL OF THE CITY OF EDINA ORDAINS:
Section 1. The City Code is hereby amended to provide a new. Section 716 as
follows:
"SECTION 716 - RECYCLING SERVICE CHARGES
716.01. Purpose. The rates and charges established by this Section are for the purpose
of paying costs for the operation and administration of recycling services provided by the
City.
716.02. Recycling Charges.
Subd. 1. Classifications. The Council may classify recycling charges according to
land use and density. All classifications shall be as set forth in Section 185 of this
Code.
Subd. 2. Rates. The rates for each classification shall be as set forth in Section 185
of this Code.
716.03. Billing and Payment Recycling charges shall be payable by the owner, lessee, or
occupant of each property to which recycling services are made available by the City
pursuant to Subd. 2, of Subsection 715.04 of this Code. Recycling charges shall be
computed every three months and included as a charge on bills issued by the City for water
or sewer services pursuant to Section 1100 of this Code. If the property subject to
recycling charge is not served by City water or sewer, a separate bill shall be issued to the
owner of the property every three months for the recycling charge. All provisions for the
billing, payment, notice, and collection of delinquent accounts pursuant to Subsections
1100.04 and 1100.05 of this Code shall apply to charges made pursuant to this Section."
Section 2. This ordinance shall be in full force and shall take effect on January 1,
1993.
First Reading: October 19, 1992
Second Reading:
Published in the Edina Sun - Current on
Mayor
ATTEST:
City Clerk
0
—, s, REQUEST FOR PURCHASE
TO: Mayor & City Council
FROM: Francis Hoffman,.City Engineer
VIA: Kenneth Rosland City Manager
SUBJECT: REQUEST FOR PURCHASE IN EXCESS OF $5.000
DATE: . 19 October, 19.92
VI. A.
AGENDA ITEM
ITEM DESCRIPTION: Normandale Golf Course Driveway Project
Company Amount of Quote or 13id
1 C.S. McCrossan Construction, Inc. $117,749.00
2. Barber Construction Co., Inc. 2. $120,775.00
3. 3.
4. 4
5. 5.
RECOMMENDED QUOTE OR BID:
Reject Bids.
GENERAL INFORMATION:
These bids are much higher than the engineer's estimate of
$90,433.50. The bid should be rejected due to the high bid.
This project can be broken down to some additional work being
taken on by the golf course contractor and the.contractor who
will complete the parking lot work in 1993.
Public Works - Engineering
Si/gnatdr"i/
The Recommended bid is X
within budget not withinge-
Kenneth Rosland: City
Wallindrinance Director
'4 0 ei iv
o
REQUEST FOR PURCHASE
\N�,
y • ✓.
TO: Mayor Richards and Council .fembers
FROM: Bob Kojetin, Director
,VIA: Kenneth Rosland City Manager
SUBJECT: REQUEST FOR PURCHASE IN EXCESS OF $5.000
DATE October 16, 1992
AGENDA ITEM VT. c
ITEM DESCRIPTION: Braemar Golf Course
Pro
Shop expansion
COMPANY
AMOUNT OF QUOTE OR BID
1.
Hunerbera Construction
1.
$323.300
2.
3ill Berg Construction
2.
$323,770
3.
:Ierimac Construction
3.
$329,250
4.
',fikkelson -Wulff Construction
4.
$329,528
5.
Frerichs Construction
5.
$333,000
6.
Meisinger Construction Co.
6.
$3359200
7.
ECI
7.
$336,257
8.
Lovering- Johnson, Inc.
8.
$338,200
9.
C.O. Field
9.
$365,700
RECOM!%1ENTDED QUOTE OR BID:
Hunerberg Construction $323,300
GENERAL INFORMATION
Part of the overall budget for development
of Braemar's new.9 -hole
course, including the expansion of the
Clubhouse
Pro Shop.
Above bids are excellant. and within expected
costs for this project.
1
- -�
SYgnat(ire
;i
The Recommended bid is V�
within budget not
J�J='
J6hniWallin. Finance Director
Kenneth Rosiand. City Manager
,
° Cr REQUEST FOR PURCHASE
q °
TO: Mayor & City Council
FROM: Francis J. Hoffman, Director of Public Works
VIA: Kenneth Rosland, City Manager
SUBJECT: REQUEST FOR PURCHASE IN EXCESS OF $5.00
19 October, 1992
DATE: AGENDA ITEM v I • D
ITEM DESCRIPTION: Repair of storm Sewer
Company Amount of Quote or &d
G.L. Contracting, Inc. $ 5,335.00
2. Perkins Construction 2. $ 9,700.00
3 . 3.
4.. 4.
5. 5.
RECOMMENDED QUOTE OR BID:
G.L. Contracting, Inc.
$ 5,335.00
GENERAL INFORMATION: `
This is a repair project of a 48" diameter storm sewer pipe at
W. 65th Street and West Shore. Due to size of pipe, a contractor's
help is needed. The restoration will be.done by City crews.
This repair is funded by the stormwater utility.
Public Works - Utilities
Sig ture.."
The Recommended bid is — x
within budget not withirybuSeei
Kenneth Rosland City Manager
Director
ei i `r.
REQUEST FOR PURCHASE
TO:_ Mayor & City Council
FROM: Francis Hoffman, Director of Public Works
VIA: Kenneth, RoslandL City Manager
SUBJECT: REQUEST FOR PURCHASE IN EXCESS OF $5 ;000
19 October, 1992
DATE: AGENDA ITEM v I • E
ITEM DESCRIPTION: Two Reversible Snow Plows and One Plow Wing
Company Amount of Quote or Bd
1, J. Craft 1. $ 13,339.91
2, Little Falls Machine 2. $ 14,015.12
3. Ziegler, Inc. 3, $ 15,366.89
4. 4.
5. 5.
RECOMMENDED QUOTE OR END:
J. Craft
$ 13,339.91
GENERAL INFORMATION:
This is a purchase of two new plows and wing for our snow removal
equipment. This purchase will be funded from the equipment
replacement fund.
Signatud
The Recommended bid is —
within budget not
Public Works - Streets
Kenneth Rosland, City Manager
MEMBERS PRESENT:
MEMBERS ABSENT:
OTHERS PRESENT:
STAFF PRESENT:
SECTION A:
VII (A) .
MINUTES
TRAFFIC SAFETY COMMITTEE
OCTOBER 13. 1992
9:00 A.M.
Fran Hoffman, Chairman
Gordon Hughes
Craig Swanson
Alison Fuhr
Robert Sherman
None
Mr. Alan Ackerberg, 5117 Mirror Lakes Drive
Deputy Chief Leonard Kleven, Edina P.D.
Mr. Stephen Marston, Edina P.D.
Mr. Eric Felton, Edina P.D.
Requests on which the Committee recommends approval as requested or modified,
and the Council's authorization of recommended action.
(1) Discuss traffic safety concerns on Mirror Lakes Drive and
Northwood Drive.
Continued from September meeting.
(2) Request to install "STOP" signs on Chantrey Road at Ayrshire
Boulevard.
Request received from Robert and Carol Ledder, 5409 Chantrey Road.
ACTION TAKEN:
Mr. Hoffman asked that the Committee consider agenda items one and
two jointly, as they pertain to the same general neighborhood
area. He began the discussion by highlighting the results of
speed surveys recently undertaken at both locations. Those
surveys found the 85th percentile for speed on southbound Chantrey
Road at Ayrshire Boulevard to be 24 miles per hour, while-the 85th
TRAFFIC SAFETY COMMITTEE MINUTES
October 13, 1992
Page 2
percentile for traffic northbound Chantrey Road at Ayrshire
Boulevard was 27 to 28 miles per hour (62 vehicles surveyed over a
three -hour period). That compared to 30 miles per hour for
northbound traffic at Mirror Lakes Drive and Northwood Drive, and
32 miles per hour for southbound traffic at Mirror Lakes Drive and
Northwood Drive (172 vehicles surveyed over a three - and -a -half
hour period). Mr. Hoffman stated that one of the original
concerns brought forth by residents was the fact that the
beginning of a new school year would bring an increase in children
onto the streets. He noted the receipt of a letter from Mr. Alan
Sussman of 5500 Chantrey Road. Mr. Sussman echoed the concern for
neighborhood children and expressed his frustration over what he
called "a great deal of traffic" cutting through the neighborhood.
Mr. Marston reported he had observed the traffic situation at both
locations. Chantrey Road had been an active enforcement site in
April, after the Police Department received specific complaints
about two vehicles. One of those violators (a Chantrey Road
resident) was cited. Mr. Marston said he had spent six hours,
spread over a ten -day period, conducting enforcement along Mirror
Lakes Drive, principally during the morning rush hours. Those
enforcement hours resulted in only one citation, issued to a
Ayrshire area resident who was travelling 37 miles per hour in an
area where schoolchildren were present. Mr. Swanson asked whether
or not construction on Blake Road had much effect on the Mirror
Lakes Drive volume. Mr. Hoffman thought that it hadn't; he said
most motorists had used Schaefer Road as an alternative to Blake
Road.
Mr. Alan Ackerberg, of 5117 Mirror Lakes Drive, was again present.
He said he had received independent concerns from residents at
three different points along the Mirror Lakes Drive route, and
then questioned whether the speed noted on the surveys was that of
the vehicle through the intersection, or leading up it. Mr.
Kleven answered that the surveys registered vehicle speeds going
through the intersection. Mr. Ackerberg stated that while 30
miles per hour might be an acceptable speed approaching the
intersections on Mirror Lakes Drive, speeds of 24 -to -30 miles per
hour through the intersections were too fast. He believed that
10 -to -15 miles per hour was a safer speed. He asked if the
Committee could approve "STOP" signs in an area which did not
necessarily meet "STOP" sign warrants, or if cost were a concern.
Mr. Hoffman responded that the Committee is charged with
evaluating the entire City and recommending action to the City
Council. Because neighborhoods turn over and conditions change,
if every request for signs were approved there would be signs
virtually every block. Mr. Hoffman stated that cost is never a
concern when considering signage. Mrs. Fuhr asked what had
transpired when the Mirror Lakes Drive speed issue came before the
Committee previously. According to Mr. Hoffman, the residents'
TRAFFIC SAFETY COMMITTEE MINUTES
October 13, 1992
Page 3
handled the situation themselves by sending a flyer through the
neighborhood. Mr. Ackerberg noted that an educational campaign
might be effective for area residents, but would not reach
"outsiders" who utilize the park during the summer months.
Mr. Hoffman summarized the issue into one central question: should
the intersections go from being uncontrolled to being controlled?
Mr. Ackerberg repeated his request for more controls. In drawing
a comparison to the traffic situation in the Country Club
district, Mrs. Fuhr asked for the philosophy behind the stop sign
pattern there, and whether such a pattern could be adapted to
another area. Mr. Hoffman said the.idea of having all north /south
streets stop in the middle of the district had been established in-
the late 1950's or early 1960's. The reasons behind that original
decision are unclear, but Mr: Hoffman stated that "STOP" sign
placement has had no affect on volume. Mr. Hughes said that if a
case could be made for "STOP" signs, one way to accomplish that
would be a stop all north /south streets (Chantrey Road, Doncaster
Way, Glengarry Parkway and Mirror Lakes Drive) at Ayrshire
Boulevard. Mr. Hoffman noted that such a plan might be
problematic for Ayrshire Boulevard and Mirror Lakes Drive
residents who were not present to express views.
Mr. Hoffman reminded the Committee that asphalt paths had been
installed along Highlands Park and signage changed on Doncaster
Way and Ayrshire Boulevard last year, after the Committee was
approached by a P.T.A. group and the Highlands principal. Mr.
Sherman asked whether sidewalks have been considered. Mr. Hoffman
answered that one piece of sidewalk had been installed at City
expense, and that the P.T.A. had been asked to go back to the
neighborhood and develop a sidewalk plan, if it was needed, and
pay for it. The City has not been contacted since.
Mr. Swanson noted that the history of the Committee has been to
install traffic control devices according to warrants for
accidents or speed. If the warrants do not exist, as they do not
in this case, then special circumstances must be identified. It
was Mr. Swanson's belief that the only special circumstance in
this case is pedestrian traffic to the school, but felt he did not
have enough information to assess any risks associated with that.
He felt it was beyond the mission of the Committee to develop
traffic flow planning for the neighborhood. Mr. Hoffman agreed,
then clarified that the Committee had enough data to make a
decision of controlled versus uncontrolled intersections. It was
Mr. Ackerberg's opinion that the Northwood Drive /Mirror Lakes
Drive intersection is the most significant of the three being
discussed, as it is the only route out of the neighborhood to the
north. Mr. Hoffman asked if Mr. Ackerberg would prefer that
traffic be stopped on Mirror Lakes Drive, not Northwood Drive.
Mr. Ackerberg agreed that that would be his preference.
TRAFFIC SAFETY COMMITTEE MINUTES
October 13, 1992
Page 4
Mr. Sherman moved to recommend that no action be taken at this
time. Mr. Hughes seconded the motion. Motion carried 3 -2.
Mr. Swanson asked Mr. Hoffman what engineering solutions might be
available. Mr. Hoffman responded that he would have controlled
the Mirror Lakes Drive /Northwood Drive intersection, as warrants
permit intersection control by installing a "YIELD" sign or a two -
way "STOP." He noted that the Chantrey Road /Ayrshire Boulevard
area had been studied extensively by the P.T.A., which expressed
little interest in the area west of Highlands Park.
Mr. Swanson made a two -part motion as follows: (1) Recommend the
installation of "YIELD" signs to control eastbound /westbound
traffic at Northwood Drive and Mirror Lakes Drive. and (2)
Recommend the installation of "YIELD" signs to control
eastbound /westbound traffic at Ayrshire Boulevard and Chantrey
Road.
Before a second was received, Mr. Swanson withdrew the motion in
order to offer it again as two separate motions.
Mr. Swanson moved to recommend the installation of "YIELD" signs
to control eastbound /westbound traffic at Northwood Drive and
Mirror Lakes Drive. Mrs. Fuhr seconded the motion.
Mr. Ackerberg voiced his opinion that the motion should be denied.
His stated his belief that the issue is not one of intersection
control, but of speed. He suggested that installing "YIELD" signs
would give motorists the impression that the speed issue had been
resolved, when in fact it had not. Mrs. Fuhr asked whether
"YIELD" signs might increase speed on southbound Mirror Lakes
Drive, and Mr. Hoffman said that increased speed could be a
possible by- product.
Mr. Hoffman then called for a vote on Mr. Swanson's motion, and
the motion carried 3 -2. Following a brief discussion on voting
procedure, Mr. Hoffman called for a re -vote. The motion this time
failed 2 -3.
Mr. Swanson moved to recommend the installation of "YIELD" signs
to control eastbound /westbound traffic at Ayrshire Boulevard and
Chantrey Drive. The motion was seconded by Mr. Sherman. Motion
carried 4 -1.
Mr. Sherman moved to recommend the installation of signage
depicting the adult /child walking symbol along with a 25- mile -per
hour advisory southbound on Mirror Lakes Drive just north of
Northwood Drive. Mr. Swanson seconded the motion. Motion carried
5 -0.
TRAFFIC SAFETY COMMITTEE MINUTES
October 13, 1992
Page 5
Mr. Swanson moved to recommended undertaking a speed survey
analysis of Mirror Lakes Drive traffic in 60 days in order to
assess the effect of the new signage. Mrs. Fuhr seconded the
motion. Motion carried 5 -0.
SECTION B:
Requests on which the Committee recommends denial of request.
(1) Request to upgrade the intersection of Brookside Avenue and West
44th Street to a two -way "STOP."
Continued from September, 1991 meeting.
ACTION TAKEN:
This item had been continued from September, 1991, pending
completion of the Brookside Avenue bridge construction in St.
Louis Park. The reason for continuation was the concern that
traffic surveys would be skewed during the construction project.
Mr. Hoffman reported the results of a warrant study conducted two
months ago, which indicated warrants for volume and accidents were
not being met for a multi -way "STOP." Another survey was
undertaken this month with nearly identical numbers to the
previous survey and another taken three years ago, indicating that
bridge construction had no effect on traffic flow. He stated that
volume on Brookside Avenue amounted to approximately 4,000
vehicles per day on the south leg and 3,000 vehicles per day on
the West 44th Street leg. Mr. Kleven noted that four non-
reportable accidents had occurred at the intersection during the
past three years. Mr. Hoffman relayed the concerns of some area
residents, who contend that motorists turning eastbound onto West
44th Street from Brookside Avenue are able to gather speed too
quickly. He summarized the request as one to convert the existing
one -way "STOP" to a two -way "STOP" on the south leg of Brookside
Avenue going north, or to a three -way "STOP" as an alternative.
Mr. Hughes asked whether the original petitioners were aware of
today's meeting, and Mr. Kleven said he had been contacted by Mrs.
Welna,'neighborhood spokesperson, who indicated that a last- minute
commitment would prevent her from attending.
Mr. Sherman moved to recommend denying the reauest to upgrade the
intersection of Brookside Avenue and West 44th Street to a two -way
or three -way "STOP" as multi -way stop warrants are not met at this
location. Mr. Swanson seconded the motion. Motion carried 4 -0,
with Mrs. Fuhr abstaining.
a
TRAFFIC SAFETY COMMITTEE MINUTES
October 13, 1992
Page 6
SECTION C:
Requests which are deferred to a later date or referred to others.
None.
Edina Traffic Safety Committee
o e
r 40
Sao 4
REPORT /RECOMMENDATION
To: KEN ROSLAND, MANAGER
From: MARCELLA DAEHN, CLERK
Date: OCTOBER 15, 1992
Subject: PUBLIC HEARING - BEER
AND WINE LICENSE FEES
Recommendation:
Agenda Item # VII.B
Consent ❑
Information Only ❑
Mgr. Recommends ❑
To HRA
To Council
Action ❑
Motion
❑
Resolution
❑
Ordinance
❑
Discussion
Approval of proposed increase in beer and wine license fees for 1993.
Info /Background:
At the meeting of September 8, 1992, the Council set a hearing date to
consider an increase in beer and wine license fees for 1993. Attached is
a copy of the notice which was mailed to all licensees on September 18, 1992,
in compliance with Minn. Statute 340A.408, Subd. 3A. The increase is
proposed to recover increased cost for staff time in issuance of the licenses
and for inspections by the Police Department.
To date, no comment or correspondence has been received from holders of beer
or wine licenses.
EDINA
J �
=DiNA. MiNNE&C7 ". 5424
612 -9?-
CITY OF EDINA
4801 WEST 50TH STREET
EDINA, MINNESOTA 55424
NOTICE OF PUBLIC SEARING
TO CONSIDER INCREASING THE FEES
FOR ON -SALE WINE LICENSES AMID BEER LICENSES
The Edina City Council will hold a public hearing on Monday, October 19, 1992 at
7:00 P.M. to consider increasing the fees for on -sale wine licenses and also on-
sale and off -sale 3.2 beer licenses, effective January 1, 1993, as follows:
1992 Fee
On -Sale Wine:
Restaurants with 50 or fewer seats
$630
51 -
100
seats, inclusive
680
101 -
150
seats, inclusive
735
Over
150
seats
785
On -sale
3.2
Beer
190
(Renewal)
245
(New)
Off -Sale
3.2
Beer
190
(Renewal)
245
(New)
All persons who desire to be heard on this issue can either:
Proposed 1993 Fee
$660
715
770
825
200 (Renewal)
255 (New)
200 (Renewal)
255 (New)
(1 Submit a letter to the Edina City Council, 4801 West 50th Street,
Edina, MN 55424, prior to the date of the hearing.
2) Attend the hearing and give testimony.
This notice is given in compliance with Minnesota Statute 340A.408, Subd. 3a.
BY ORDER OF THE EDINA CITY COUNCIL.
Marcella M. Daehn
September 18, 1992
ew
o
.4
• 'N�RTffM' ,O //
.d b
REPORT /RECOMMENDATION
To: Mayor & Council Members
From: Kenneth Rosland
Date: October 19, 1992
Subject: HONEYWELL
MUNICIPAL SERVICES PROGRAM
Recommendation:
Approval of the attached resolution.
Info/ Background:
Agenda Item # vll.c.
Consent Cj
Information Only ❑
Mgr. Recommends El
To HRA
0
To Council
Action ❑
Motion
❑
Resolution
❑
Ordinance
❑
Discussion
Staff has met with Honeywell and recommends that we use Honeywell to evaluate
all of our buildings for energy and cost savings. This program that Honeywell
is proposing is unique and new. Any capital improvements that they may recommend
are paid for by them whether it be a new roof, an air conditioner or insulation.
They are paid back only through proven energy savings. The first step that
is taken is that Honeywell determines the feasibility of working with the City
at absolutely no cost to the City. If, in fact, there is a good match between
the City and Honeywell, the City will enter into a further agreement to have
them provide the upgraded facilities. At this stage, we are simply asking
the Council to pass the resolution that turns Honeywell loose to look at all
of our facilities in relationship to their energy efficiencies or deficiencies.
Y
RESOLUTION
WHEREAS, the State Legislature has recently enacted Minnesota Statute 471.345
to direct municipalities to develop agreements with businesses which will
guarantee savings in energy and operations; and
WHEREAS, this Statute allows the City to select a vendor based on experience,
track record and ability to perform when the energy and operational contract
is guaranteed to be self - funding. Under this, provision, the City has selected
Honeywell as the vendor of choice to negotiate a Municipal Services Contract.
NOW, THEREFORE, BE IT RESOLVED that the City Council directs the City Manager
to enter into a no -cost decision schedule with Honeywell to provide a means to
determine the feasibility, scope, terms and time frame for entering into an
agreement. On the basis that the Honeywell preliminary proposal will be
self - funding with a written guarantee of savings and meeting the criteria set
by the City, the City will enter into an agreement with Honeywell for the
aforementioned Municipal Services Program.
BE IT FURTHER RESOLVED that the City agrees the preliminary evaluation and
recommendations of energy conservation measures as well as the preliminary
proposal shall remain the property of Honeywell and may not be used by the
City for the purposes of competitive bidding or for the purposes of entering
into a guaranteed energy savings contract with any other qualified provider.
ADOPTED this 19th day of October, 1992.
MAYOR
0 +
aI
REPORTIREC OMMENDATION
To: KENNETH ROSLAND
Agenda Item # vi r . F.
From:
CRAIG LARSEN
Consent
Information Only
F
Date:
OCTOBER 19, 1992
Mgr. Recommends
❑
To HRA
Subject:
HERITAGE_. PRESERVATIO
x
To Council
BOARD - (HPB).APPLICA-
Action
Motion
TION TO BECOME A
CERTIFIED LOCAL
GOVERNMENT
Resolution
C
Ordinance
❑
Discussion
Recommendation:
Approve submittal of application for Local Government Certification
and authorize cover letter from the Mayor.
Info/Background-
The Heritage Preservation Board (HPB) has been working for some
time in an effort to meet the requirements for becoming a Certified
Local Government. The designation will allow the city access to
state expertise in historical issues and will allow us to apply for
grants for a variety of projects.
Becoming a Certified Local Government does not carry a cost
implication for the City. If we do apply for grants in the future,
our match can be made through in -kind contributions, such as staff
time.
f
M
M E M O R A N D U M
TO: Craig Larsen, Director of Planning
FROM: Joyce Repya, Associate Planner
SUBJECT: Certified Local Government Program (CLG)
DATE: October 151 1992
The Heritage Preservation Board requests permission from the
City Council to submit an application to the State Historic
Preservation Office to become a Certified Local Government.
The Certified Local Government Program provides matching grant
funds to its participating cities which may be used for public
education, historic surveys, local registration forms, national
register registration forms, and comprehensive planning.
In order to be approved for Certified Local Government status,
Edina must meet the following federal standards:
1. The City must have adopted a heritage preservation
ordinance which meets their requirements.
2. The City shall have created a heritage preservation
commission to carry out the provisions of the ordinance.
Commission members must demonstrate interest and /or
expertise in historic preservation.
3. The City must maintain a system for the survey and
inventory of historic properties.
4. The City must provide for adequate public participation
in the local historic preservation program, and
5. The City shall satisfactorily perform the
responsibilities listed above and agree to demonstrate
said performance in an annual report submitted to the
State Historic Preservation Office.
You might recall that the HPB began this application process
back in 1983, however, it was never followed through to completion.
Most recently, the HPB was in search of funds to go toward the
production Country Club District brochure. The City was fortunate
that 13 agents from Edina Realty generously funded the brochure.
However, the State Historic Preservation Office informed us that
had Edina been a CLG City, this project might have received a
matching grant in which the City would only have had to pay for 1/2
the project, matching the grant funded.
I have attached a breakdown of the grants funded to the
participating cities since the Certified Local Government program
began in 1983. This listing provides a good example of the types
of projects eligible for funding.
The Heritage Preservation Board feels confident that Edina
meets the qualifications necessary to become a CLG City, and
requests that the City Council approve the submittal of our
application to the State Historic Preservation Office.
NES /GO 3 -92
MINNESOTA HISTORICAL SOCIETY STATE HISTORIC PRESERVATION OFFICE
CERTIFIED LOCAL GOVERNMENT GRANTS 1983 — 1992
Year . Amount Awarded # of Cities # of Grants
1983
$44,382
5
6
1984
$40,653
9
10
1985
$41,376
5
7
1986
$45,097
5
11
1987
$64,774
7
12
1988
$59,937
5
7
1989
$77,321
8
13
1990
$84,900
10
13
1991
$68,700
9
11
1992
$73.160
10
11
$600,300
Grants Awarded in 1983 ($45,133, 5 cities, 6 grants)
City
Amount
Project
Fergus Falls
Cottage Grove
$ 2,581
Historic properties survey
$
Fergus Falls
$ 731
Publication, "Building From the Past ", phase I
Minneapolis
$ 697
National Register nomination
4,000
Minneapolis
$16,665
Survey, nominations, inventory
computerization
Red Wing
$ 7,818
Archeological survey and mapping, phase I
Saint Paul
$15,890
Publication planning, historic
plaque program,
National Register nominations,
Heritage
Preservation Commission Report
Total:
$44,382
Grants Awarded
City Amount
Cottage Grove $ 1,975
Duluth $ 2,085
Faribault $ 580
Faribault
S
1,600
Fergus Falls
$
4,269
Hastings
$
6,250
Minneapolis
$
4,525
Pipestone
$
4,000
Red wing
$
7,182
Saint Paul
$
8,187
Total:
$40,653
in 1984 ($40,653, 9 cities, 10 grants)
Project
Local registration forms
Historic Resources Survey report publication
Archaeological survey of caves in city's
east end
Historic plaque project
Publication, "Building from the Past ", phase II
Publication, "Historic Hastings Handbook"
Local registration forms
Adaptive reuse and signage
Archaeological survey and mapping, phase II
Research and writing /city architectural history
City
Cottage Grove
Faribault
Minneapolis
Red Wing
Saint Paul
Saint Paul
Saint Paul
Total:
Grants Awarded in 1985 ($41,376, 5 cities, 7 grants)
Amount Project
$ 6,670 Comprehensive Cultural Resources Management Plan
$ 4,000 Historic context planning
$ 8,368 Local registration forms
$ 4,988 Historic properties survey of city's east end
$11,000 Research and writing /city architectural history
$ 5,250 Publication on Irvine Park Historic District
$ 1,100 Revise and print Heritage Preservation Commis-
sion Report on districts and sites
$41,376
Grants Awarded in
City Amount
Cottage Grove $ 900
Cottage Grove
$
1,427
Cottage Grove
$
4,475
Cottage Grove
$
770
Faribault
$19,473
Pipestone
$
600
Pipestone
$
4,000
Saint Paul
$
51000
Saint Paul
$
4,000
Saint Paul
$
900
Saint Paul
$
3,552
Historic properties survey of the Healey Block
Total:
$45,097
1986 ($45,097, 5 cities, 11 grants)
Project
Publication for "Perspectives in Cottage Grove
History" series
Development phase of video documentary on his-
toric properties surveys in Cottage Grove
Archaeological survey including Schilling Site
Archaeological survey including Lewis Site
Historic properties survey, phase I, and small
equipment purchase
Traveling exhibit on historic preservation
Historic contexts study
Research and writing /city architectural history
National Register nomination for West Summit
Avenue Historic District
Publication and historic plaque project
Revision of design guidelines for Historic Hill
District
Grants Awarded in 1987 ($64,774, 7 cities, 11 grants)
City
Amount
Project
Cottage Grove
$
9,300
Archaeological survey and historic properties
survey of pre -1940s houses in Cottage Grove
Cottage Grove
$
1,273
Script for video documentary on historic
properties surveys in.Cottage Grove
Faribault
$10,000
Historic properties survey evaluation
Lanesboro
$
4,000
Historic contexts study
Minneapolis
$
1,500
Historic properties survey of the Healey Block
Minneapolis
$
11500
Historic plaque project - design development
Northfield
$
2,500
Historic contexts study
Northfield
$
6,500
Operating plan for Northfield Historic District
Pipestone
$
8,526
Historic properties survey
Saint Paul
$
4,675
Historic properties survey of college -owned
property on Summit Avenue
Saint Paul
$
9,000
Walking tour brochure and planning for historic
plaque project in Lowertow. Historic District
Saint Paul
$
6,000
Research and writing /city architectural history
Total:
$64,774
2
_, .
Grants Awarded in 1988 ($59,937, 5 cities, 6 grants)
City
Amount
Project
Cottage Grove
$16,300
Historic properties survey of pre -1940 farmstead
Archaeological survey of the Cottage Grove
architecture
Cottage Grove
$ 2,200
Publication of two issues in the "Perspectives
$
6,900
in Cottage Grove History" series
Faribault
$11,782
Historic properties survey evaluation, phase II
Pipestone
$ 3,901
Historic properties survey evaluation
Saint Paul
$ 9,000
Historic properties survey of the Dayton's Bluff
neighborhood
Saint Paul
$ 7,500
Reuse study for Gillette Hospital site
Stillwater
$ 9,254
Historic properties survey
Total:
$59,937
Grants Awarded in 1989 ($77,321, 8 cities, 13 grants)
City
Amount
Project
Cottage Grove
$
6,500
Archaeological survey of the Cottage Grove
Ravine
Cottage Grove
$
6,900
Archaeological survey of properties associated
with the city's early settlement period
Faribault
$
8,485
Publications on historic resources and
preservation procedures
Lanesboro
$
5,000
Historic properties survey
Minneapolis
$
7,500
Preservation planning and historic contexts
study, phase I
Minneapolis
$
525
Evaluation of neighborhood motion picture
theaters
Northfield
$
5,500
Directory and historic plaque project in the
Northfield Historic District
Northfield
$
7,000
Historic properties survey, phase I
Pipestone
$
3,531
Historic properties survey evaluation, phase II
Red Wing
$
4,000
Design guidelines for the Downtown Historic
District
Red Wing
$14,280
Archaeological survey of the western portion of
Red Wing
Saint Paul
$
11500
Revised design guidelines for the Historic Hill
District
Saint Paul
$
6,600
Research and writing /city architectural history
Total:
$77,321
3
Grants Awarded in 1990 ($84,900, 10 cities, 13 grants)
City
Amount
Project
Cottage Grove
$ 4,867
Archaeological survey and planning of prehis-
toric Native American earthworks on Lower Grey
Cloud Island
Cottage Grove
$ 6,000
Historic landscape features survey
Duluth
$ 4,000
Historic contexts study
Faribault
$10,500
Historic profile, video, and newspaper insert
Minneapolis
$ 4,500
Preservation planning and historic contexts
study, phase II
Northfield
$ 4,500
Historic properties survey, phase II
Pipestone
$ 1,060
Audio - visual historic preservation program for
children
Red Wing
$ 6,500
Multi -media historic preservation program for
use in T. B. Sheldon Auditorium
Saint Paul
$ 8,900
Completion of architectural history manuscript
Saint Paul
$10,873
Historic plaque /marker and brochure reprinting
project for the Lowertown Historic District
Saint Paul
$14,700
Preservation planning and preparation of local
designation forms for the Dayton's Bluff area
Saint Peter
$ 4,000
Historic contexts study
Winona
$ 4,500
Historic contexts study
Total:
$84,900
Grants Awarded
in 1991 ($68,700, 9 cities, 11 grants)
City
Amount
Project
Center City
$ 2,400
Historic contexts study
Eden Prairie
$10,000
Historic properties survey, phase I, and
historic contexts study
Lanesboro
$ 5,000
Historic properties survey evaluation
Northfield
$ 5,000
Historic properties survey evaluation
Red Wing
$ 2,500
Archaeological site brochure on a Native
American village, cemetery, and archaeological
preserve located in Red Wing
Red Wing
$ 3,500
Publication which provides guidance for the
restoration and preservation of historic homes
Saint Cloud
$ 5,000
Historic contexts study
Saint Paul
$ 5,500
Historic properties survey of the Uppertown area
Saint Paul
$ 7,000
Publication of a guide to historic sites in the
Twin Cities (joint project with Minneapolis)
Saint Peter
$10,000
Historic properties survey, phase I
Winona
$12,800
Historic properties survey, phase I
Total:
$68,700
2
5
Grants Awarded
in 1992 ($73,160, 10 cities, 11 grants)
city
Amount
Project
Duluth
S 4,500
Historic properties survey evaluation
Duluth
$ 6,000
Video production and brochure on historic
preservation
Eden Prairie
$ 9,000
Historic properties survey, phase II
Faribault
$ 5,460
Design guidelines and workshop
Hastings
$ 7,500
Historic contexts study
Minneapolis
$ 6,850
Preservation planning and historic contexts
study, phase III
Northfield
$ 1,000
Publication of a historic preservation brochure
Saint Cloud
$12,000
Historic properties survey and evaluation,
phase I '
Saint Paul
$ 6,000
Local designation forms
Stillwater
$ 3,250
Historic contexts study
Winona
$11,600
Historic properties survey, phase II
Total:
$73,160
5
o 67
En
REPORT /RECOMMENDATION
To:
Mayor & City Council %
Agenda Item #
VII.G.
From:
Francis Hoffman /
Consent
❑
City Engineer /�%
Information Only
❑
Date:
19 October, 1992
Mgr. Recommends
❑
To HRA
Subject:
Resolution Authroizing
Fx�
To Council
Agreement Between Mn /DOT
and City Regarding
Action
0
Motion
Technician Training
❑
Resolution
❑
Ordinance
Recommendation:
Authorize a resolution which allows an agreement between Minnesota Department
of Transportation and Edina for Reimbursement of Technician Training.
Info/Background-
The State Aid Office has set up a reimbursement mechanism for technician
training for local construction inspectors on City State Aid projects.
As of January 1, 1994, all State Aid projects must have certified
inspectors working on the project. This agreement will provide up to
$5,000.00 from the State Administrative account for classes taken to
obtain certification. We currently have one inspector who has been
"grand- fathered" in on the certification process but retires during
1993. Thus, we will need to have others certified to be able to do
State Aid projects starting in 1994. See attached letter from the
State Aid Office.
' IP
MINNESOTA DEPARTMENT OF TRANSPORTATION
STATE AID FOR LOCAL TRANSPORTATION DIVISION
October 1, 1992
TO County Highway Engineers Distribution: 618
Municipal Engineers Distribution: 650
FROM Dennis C. Carlson
Division Director
SUBJECT Technical Certification
Reimbursement of Tuition
The State Aid for Local Transportation Division requires that
certified technicians be used on all state aid work beginning on
January 1, 1994. I have determined that the tuition cost for these
classes is eligible for reimbursement from the Administrative
Account for any class taken after November 1, 1992 and before July
31, 1995. Each local agency will be limited to a total
reimbursement of $5000.
In order to process your reimbursement request:
1. Submit a copy of the County Board /City Council resolution
approving the attached agreement.
2. Submit a copy of the agreement signed by yourself and the
auditor or clerk.
Your agreement must be on file in our office, and the dollars
encumbered as required by law, prior to the completion of the class
you are requesting reimbursement for. You should submit for each
participant:
1. A request for reimbursement on your letterhead indicating each
participants name, the title and date of the course taken and
the amount to be reimbursed for each course taken; and
2. a copy of the payment voucher or check showing proof of
payment for each course.
Submit all agreements and requests to:
Julie Skallman
Assistant State Aid Engineer
Room 420
395 John Ireland Boulevard
St. Paul, MN 55155
We will verify the participants completion of the class with
Mn /DOT's Technical Certification Coordinator.
No reimbursement requests will be accepted after December 31, 1995.
Attachment - Agreement form
cc: DSAE
Julie Skallman
Joyce Montgomery
Bill Servatius
Joan Peters
RESOLUTION APPROVING TECHNICAL CERTIFICATION
REIMBURSEMENT OF TUITION
WHEREAS, the Edina City Council is aware that technical certification is
required;
WHEREAS, the State is authorized to administer the State Aid Administrative
Account pursuant to MN Statute 162.06, subd. 2;
WHEREAS, the Division of State Aid requires all personnel working on State Aid
work be certified;
WHEREAS, the certification of technicians will ensure consistent inspection and
high quality roads and bridges;
NOW, THEREFORE, BE IT RESOLVED, that the Edina City Council authorizes the City
Engineer and City Clerk to sign Agreement No. 70093 between the Minnesota
Department of Transportation and the City of Edina on Technician Certification
Reimbursement.
STATE OF MINNESOTA )
COUNTY OF HENNEPIN ) SS
CITY OF EDINA ) CERTIFICATE OF CITY CLERK
I, the undersigned duly appointed and acting City Clerk for the City of Edina do
hereby certify that the attached and foregoing Resolution was duly adopted by the
Edina City Council at its Regular Meeting of October 19, 1992, and as recorded in
the Minutes of the Regular Meeting.
WITNESS my hand and seal of said City this October 20, 1992.
City Clerk
o, a Al.
( = g�� REPORT /RECOMMENDATION
7
To: Mayo -r Rithards and City Counc
From: L' 3 �ojetin
Date: October 15, 1992
Subject: Beaver Removal
Recommendation:
Agenda Item #
y" -I
Consent
0
Information Only
❑
Mgr. Recommends
❑
To HRA
0
To Council
Action
0
Motion
❑
Resolution
❑
Ordinance
Recommend authorization for discharging a firearm in the City of Edina
for the removal of beavers.
Info /Background:
There are two areas of Nine Mile Creek where the beavers have been damming
the creek. One area is behind Creek Valley Church and the other area is the
south end of Braemar Park .where Nine Mile Creek goes through the Park.
We have contacted Critter Control, who are authorized by the DNR, to remove
the beavers from these two problem areas. At this..time, I am asking for
permission from the City Council to give Critter Control a permit from the
City of Edina authorizing them to discharge a firearm in the City of Edina
to remove beavers from these two sites.
Two years ago the City of Edina used this same procedure and company at
Bredeson Park.
'Y
-1.
Agenda Item VIII.A. ,
t
as ocia ion of
me�ro o itan
municipalities
Oct. 15, 1992
AMM MEMBER LOCAL OFFICALS:
Attached are the recommendations for the 1993 Legislative Policy
program from the AMM's five standing committees and the AMM Board of
Directors. Please review the policies with your Council for action
at the Membership meeting scheduled for Thursday evening Nov. 5 at
the Decathlon Club in Bloomington. A notice on the specifics of the
meeting will follow, but an insider's tour of the Mall of America is
part of the pre- dinner program.
Note the section on Endorsed Policies. These are LMC or other
organizations' policies in which the AMM concurs but will not lobby
actively. This is in keeping with the goal of focusing AMM effort on
major concerns to metropolitan area officials and cities that are
not being address by other groups.
What Do You Think?
Please review the policies and list your.top five
priorities by policy number. Your participation is
important because the policy priorities.help
Sincerely, determine how staff time and resources are allocated.
\C _
Karen Anderson,
President, AMM
TOP POLICY PRIORITIES, BY POLICY NUMBER
1.
2.
3.
City Name (Optional):
4.
5.
Please bring your response to the Membership meeting on Nov. 5. If
you are unable to attend, please mail your response to Roger
Peterson, AMM, 3490 Lexington Ave. N., St. Paul, MN 55126
3490 Lexington avenue north, st. paul, minnesota 55126 (612) 490 -3301
PROPOSED AMM
POLICIES
AND
LEGISLTIVE PROPOSALS
1993
Recommend by the AMM Board of Directors on October 1, 1992
for Membership consideration.
THIS DOCUMENT PRINTED ON RECYCLED PAPER
INDEX
PART ONE
MUNICIPAL REVENUES AND TAXATION
PAGE NUMBER
I. MUNICIPAL REVENUES 1
- 8
A.
LEVY LIMITS
1
B.
MANDATED STATE AND FEDERAL PROGRAMS,
1
C.
LOCAL GOVERNMENT AID
2
D.
PROPERTY TAX
3
1. Homestead Class Rates
3
2. Non - Governmental Tax Exempt Property
3
3. State and Metropolitan Owned Tax Exempt
3
Property
4. Property Tax Reform
4
E.
GENERAL FISCAL IMPACT POLICIES
5
1. Fiscal Note Continuation
5
2. Funding Shifts
6
3. State Revenue Stability
6
4. City Fund Balances
7
F.
SALES TAX DEDICATION GUARANTEE
8
PART TWO
GENERAL LEGISLATION
II. GENERAL LEGISLATION 9,-
16
A.
OPPOSE REDUCTION OF AUTHORITY OR LOCAL CONTROL
9
B.
TORT LIABILITY
9
C.
DATA PRACTICES
10
1. Open Meeting,
10
-i-
-ii-
2._ Liquor License Application''
11
3. General Public Data
11
D.
POLICE AND FIRE PENSION PROVISIONS
1.2 .
1. Amortization Aid
13
2. Employee Contribution Amount
13
3. Benefit Increases
13
4., Assumption Changes
13
E.
CONTRACTORS PERFORMANCE BONDS
13
F.
CONCURRENT DETACHMENT AND ANNEXATION
13
G.
TORT LIABILITY /MTC.SECURITY
15
H.
911 TELEPHONE TAX
15
I.
COOPERATION, COLLABORATION, AND CONSOLIDATION
16
PART THREE
HOUSING AND ECONOMIC DEVELOPMENT AND-LAND USE
III. HOUSING AND NEIGHBORHOODS 17
- 34
A.
HOUSING AND NEIGHBORHOODS
17
1. Examine Local Requirements
17
,2. Practices Which Affect Housing Costs
17
.3. Mandatory Land Use Standards
18
4. State Housing Policies
18
5. Local Housing Policy
19
6. Metropolitan Area Housing Needs
20
7. Neighborhood Liveability
21
8. State and /or County Licensed Residential
24
Facilities
9. Licensed Residential Facilities Inspections
25
-ii-
v
B. ECONOMIC DEVELOPMENT
26
1. Cities Development, Re- development and
28
Economic. Development Responsibilities
2. Equal Treatment of Cities
30
3. Tax Increment Financing
1
30
4. Local Option for Development Organization
31
Structure
5. County Economic Development Authorities
32
(EDA's)
6. Development of Polluted Lands
32
7. Building Permit Fee Surcharge
33
C. LAND USE PLANNING
33
PART FOUR
METROPOLITAN AGENCIES
IV. PHILOSOPHY WITH RESPECT TO METROPOLITAN
35 - 52
GOVERNMENTAL AGENCIES
A. PURPOSE OF METROPOLITAN GOVERNMENTAL AGENCIES
35
B. CRITERIA FOR EXTENSION OF METROPOLITAN
35
ORGANIZATION POWERS
-iii-
C.
STRUCTURES, PLANNING, IMPLEMENTATION AND
36
FUNDING OF METROPOLITAN SERVICES AND PROGRAMS
1. Policy Planning - Implementation
36 _
2. Funding for Regionally Provided Services
36
3. Regional Tax Rates and User Fees
37
D.
COMPREHENSIVE PLANNING - LOCAL AND REGIONAL
37
INTERACTION
E.
COMBINED SEWERS - SEPARATION
38
F.
METROPOLITAN COUNCIL BUDGET /WORK PROGRAM PROCESS
38
1. Budget Detail and Specificity
38
2. Reliance on Property Taxes
39
3. Program Evaluation
39
G:
METROPOLITAN PARKS AND OPEN SPACE FUNDING
40
1. Operation and Maintenance (O & M) Funding
40
2. Regional Bonding For Regional Parks
40
H.
WATER RESOURCE MANAGEMENT
41
1. water Supply.
41
2. Surface and Groundwater Water Management
42
3. Wetlands Conservation
43
4. Regional Wastewater Treatment System
44
5. Water Testing Connection Fee
44
I.
WASTE STREAM MANAGEMENT
45
1. Integrated Waste Stream Planning
45
2. Hazardous and Dangerous Waste Management
47 -
3. Metropolitan /County Responsibilities
48
-iv-
4. Local Solid Waste Management
Responsibilities .
5. Funding
6. Organized Collection
7. Host Cities and Cleanup Responsibilities
PART FIVE
TRANSPORTATION
V. TRANSPORTATION POLICY STATEMENT
A. STREET AND HIGHWAY GENERAL FUNDING
B. METROPOLITAN TRANSIT SYSTEM GENERAL FUNDING
C. TRANSPORTATION SERVICES FUND
D. TRANSPORTATION FUNDING ALTERNATIVES
E. HIGHWAY AND TRANSIT INTEGRATION PLANNING
F. HIGHWAY JURISDICTION REASSIGNMENT, TURNBACKS',
AND FUNDING
G. TRANSPORTATION UTILITY
H.. 13C' TRANSPORTATION PLANNING:PROCESS - ROLE
OF ELECTED OFFICIALS
I. PRESERVATION OF RAILROAD RIGHT -OF -WAY
J. CITY SPEED LIMITS
K. TRANSPORTATION INCENTIVES /DISINCENTIVES
L. ,REGIONAL TRANSIT SYSTEM
M. MSA SCREENING COMMITTEE
N. METROPOLITAN TAX
0. AIRPORT POLICY
-v-
49
49
50
51
53 - 63
54
54
55
55
55
56_
57
57
58
58
59
59
60
60
61
5
BIKEWAY GRANTS PROGRAM 62
Q. OPTOUT 63
PART SIX
ENDORSEMENT POLICIES
VI.,ENDORSEMENT POLICIES
64 - 74
A.
TAXATION HEARING AND NOTIFICATION LAW
64
B.
STATE ADMINISTRATIVE COSTS
65
C.
REFERENDUM LEVIES
65.
D'.
COMPARABLE WORTH
6'6
E.
LIQUOR ISSUES'
67
F.
PELRA
68
G.
MSA`MILEAGE LIMIT
69
H.
ECONOMIC DEVELOPMENT AUTHORITIES
69
I.
MUNICIPAL SERVICE DISTRICTS
70
J.
HOME INVESTMENT PARTNERSHIP
71
K.
PORTABILITY OF SECTION 8'HOUSING- CERTIFICATES
72.
AND VOUCHERS
L.
REMOVAL OF REGULATORY BARRIERS
73
M.
SITING OF GROUP HOME RESIDENTIAL FACILIITES
73
MUNICIPAL REVENUES
PAGE 1 THROUGH 8
LEGISLATIVE POLICIES
1992
I
MUNICIPAL REVENUE AND TAXATION
` I -A LEVY LIMITS
The Association of Metropolitan Municipalities commends the 1992
Legislature for removing artifical Levy Limitations from cities
for 1993 and beyond. The AMM has consistently opposed the levy
limit laws in that they apply uniform statewide restrictions to
cities -and are too inflexible to accommodate inflation,
uncertanties in state and federal financial aids, and the diverse
problems and circumstances faced by cities throughout the state.
Such laws, are inconsistent with principles of local
self - government and accountability. Neither .do they recognize
changing local conditions as to either expenditure needs or
revenue sources. Levy limits ultimately work against the interests
of local taxpayers-because the law creates an incentive for cities
to take maximum advantage of the opportunity to make general or
special levies.
THE AMM STRONGLY SUPPORTS THE LEGISLATURE'S DECISION TO END LEVY
LIMITATIONS FOR CITIES AND FURTHER URGES THAT LEVY LIMITS NOT BE
REINSTATED IN THE FUTURE.
I -B MANDATED STATE AND FEDERAL PROGRAMS P
The cost of local government is being influenced more and more by
both state and federal legislatively mandated programs'. and
increased mandated benefits or costs for in place programs. At
the same time the legislature and administration are suggesting
that expenditures are far too great at the local level and.that
cutbacks are needed. Cities cannot provide additional mandated
programs without seriously impacting the ability of cities to
provide the traditional services of public safety, street
maintenance, snowplowing, etc. Mandated programs such as pay
equity, binding arbitration, PELRA, certain Data Practice
requirements, expensive election rules, waste recycling, and
truth in taxation cost money. These costs must be recovered
through levy, state payment, or reduction of current service.
There is no other way.
THE AMM URGES THE LEGISLATURE TO RECOGNIZE THAT MANDATED INCREASED
EXPENDITURES IN ONE PROGRAM WITHOUT A CORRESPONDING INFUSION OF
FUNDS MANDATES A NEW PROPERTY TAX OR A DECREASED EXPENDITURE IN
THE OTHER SERVICE AREAS SUCH AS PUBLIC SAFETY ETC. THEREFORE,
WHEN NEW PROGRAMS OR INCREASES TO EXISTING PROGRAMS ARE MANDATED,
THE LEGISLATURE SHOULD PROVIDE SUBSTANTIAL STATE FUNDING
ASSISTANCE.
-1-
F- SIRA FluKeli /D.l►)IV"RyM4104f
State Aid to cities has been a much debated legislative issue for
two decades. Over that.time the formula(s) have ranged from pure
per capita, to need based on value and service, to a distribution
based on location and past spending., Homestead Credit has changed
to Homestead Aid and is no longer a direct taxpayer subsidy. New
.gimmicks such as Disparity Reduction Aid (Mill rate equalization)
and Tax Base Equalization Aid, have been invented to target money
to various regions when the general aid formula could not be
politically designed to work.
With few exceptions, cities across the nation have access to more
than one form of municipal revenue. The dedicated Local
Government Trust Fund recognizes that and provides Minnesota
cities with a second source, sales tax, in addition to the
traditional small share of the property tax.
The advent of the dedicated Local Government Trust Fund (LGTF)
made up of 1 1/2 cent current sales tax revenue and 1/2 cent
,locally enacted sales tax revenue provides the opportunity to
return to the basics and to develop a rational redistribution
formula. That formula should recognize the sales tax as 1) a
second. source of city revenue to fund general city services as
well as 2) a source of funds to help eliminate some of the
disparities caused by unique municipal overburden and for low
property wealth.
THE AMM WILL SUPPORT THE EFFORT OF THE LEAGUE OF MINNESOTA CITIES
(LMC) TO DEVELOP A STATEWIDE LOCAL GOVERNMENT AID DISTRIBUTION
SYSTEM AND PLEDGES ITS HELP IN THAT EFFORT, PROVIDING THE AID
DISTRIBUTION FORMULA CONSIDERS AND SUBSTANTIALLY INCORPORATES THE
FOLLOWING CRITERIA:
.THE SALES TAX IS A GENERAL REVENUE SOURCE FOR CITY EXPENDITURES
AND THUS SOME DISTRIBUTION TO EACH COMMUNITY MUST BE PROVIDED TO
UPHOLD THE ORIGINAL COMMITMENT TO ALL OF THE STATES TAXPAYERS;
.RECOGNITION OF BURDENS CAUSED BY RAPID POPULATION GROWTH;
.RECOGNITION OF BURDENS CAUSED BY POPULATION LOSS IN MEETING THE
DEMANDS FOR PUBLIC SERVICES;
.RECOGNITION OF NEEDS BASED ON CHANGING DEMOGRAPHICS SUCH AS AGING
POPULATION, HOUSING STOCK, AND INFRASTRUCTURE;
.RECOGNITION OF WEALTH OR TAX CAPACITY;
.RECOGNITION OF BASIC NEEDED SERVICES WHICH SHOULD. BE SUPPORTED
AT AN APPROPRIATE SUPPORT LEVEL; AND
-2-
.RECOGNITION OF PROPERTY TAX BURDEN RELATIVE TO INDIVIDUAL WEALTH.
UNTIL SUCH A FORMULA IS DEVELOPED WHICH ADEQUATELY SUPPORTS THE
ABOVE CRITERIA, THE AMM SUGGESTS THAT 1) THE CURRENT.
DISTRIBUTION AND CLASS RATE CHANGE BUY DOWN IN LAW THROUGH 1994 BE
MAINTAINED., AND 2) THE GROWTH IN THE 2 CENTS SALES TAX RECEIPTS
DEDICATED TO PROPERTY TAX RELIEF BE DESIGNATED AS EACH CITY'S
SHARE OF THE SALES TAX AND DISTRIBUTED BASED ON A PER HOUSEHOLD
AND /OR PER CAPITA BASIS.
I -D PROPERTY TAX
D -1 HOMESTEAD CLASS RATES
The 1991 Legislature modified the Homestead C1ass'Rate system to
eliminate the third and highest rate tier over a two year period.
The 1992 Legislature continued the modification so that for taxes
payable 1993 there will be two tiers of 1% on the first $72,000
market value and 2% on the value in excess of $72,000 market
value. The elimination of the third tier is significant in
achieving more fairness and equity in the property tax system,
especially for homestead property.
THE AMM COMMENDS THE LEGISLATURE FOR THE PHASED ELIMINATION OF THE
THIRD TIER HOMESTEAD CLASS RATE AND FOR NOT SHIFTING THE RESULTING
TAX INCREASE ONTO OTHER PROPERTY. THE AMM URGES THE LEGISLATURE
TO CONTINUE NO MORE THAN A TWO TIER HOMESTEAD CLASS RATE IN THE
FU'T'URE .
D -2 NON - GOVERNMENTAL TAX EXEMPT PROPERTY
One of the glaring inequities in the Minnesota tax system involves
the free local services that are provided to tax exempt property
owned by certain non - governmental organizations. It is widely
acknowledged that such property benefits directly from
governmental services such as police and fire protection and
street services provided by cities and counties. However, since
there is not legal basis for claiming reimbursement for the cost
of such services, they are borne by the local taxpayers.
Furthermore, such property is concentrated in certain cities and
counties resulting in a heavy cost burden in certain parts of the
state.
THE" ASSOCIATION BELIEVES THIS PROBLEM SHOULD BE CORRECTED BY
ENACTING LEGISLATION, REQUIRING OWNERS OF TAX EXEMPT PROPERTY,
EXCEPT FOR CHURCHES, HOUSES OF WORSHIP, AND PROPERTY USED SOLELY
FOR EDUCATIONAL PURPOSES BY ACADEMIES, COLLEGES, UNIVERSITIES AND
SEMINARIES OF LEARNING, TO REIMBURSE CITIES AND COUNTIES FOR THE
COST OF MUNICIPAL SERVICES.
D -3 STATE, CITY AND METROPOLITAN AGENCY OWNED TAX EXEMPT PROPERTY
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The State of Minnesota, some cities..and Metropolitan Agencies owns
a significant amount of property within the metropolitan area.
Cities provide a range of services that benefit these properties.
However, since the they are exempt from paying property taxes,
municipalities are not reimbursed for the cost of these services.
This places an unreasonable burden on cities.
The State of Wisconsin established a program called "Payment for
Municipal Services" in 1973. The program provides a mechanism for
municipalities to be reimbursed by the state for services they
provideto state -owned properties. Through a formula based on the
value of state -owned buildings within a city, the Wisconsin system
reimburses cities for police, fire, and solid waste services.
THE AMM ENCOURAGES THE STATE LEGISLATURE TO ESTABLISH A PROGRAM
FOR REIMBURSING MUNICIPALITIES FOR SERVICES TO STATE, OTHER CITY
AND METROPOLITAN AGENCY FACILITIES. THE PROGRAM SHOULD (1) ENSURE
THAT THESE AGENCIES PAY ASSESSMENTS FOR SERVICES THAT BENEFIT
THEIR PROPERTY, AND (2) ALLOW CITIES TO RECEIVE COMPENSATION FOR
SERVICES THAT ARE FUNDED THROUGH GENERAL REVENUE, SUCH AS POLICE
AND FIRE, WHICH ARE VALUABLE TO THE STATE OF MINNESOTA,
ANOTHER CITY AND METROPOLITAN AGENCIES.
i 1a M!9 11161!9:4 .� WAN
'Many significant changes in the property tax system have been made
since the 1988 Session. The AMM believes it is critical that any
future proposals be evaluated on the basis of their impact on
individual communities. A proposal that may appear balanced on a
statewide basis can have very disparate effects on individual
cities.
The difference in property, tax burdens among taxpayers living in
neighboring tax jurisdictions which provide similar services must
also be kept within reasonable limits. Any significant tax burden
disparities would adversely affect cities' abilities to compete on
a fair basis for residents and economic development.
Tax increment districts are dependent on tax rates and assessment
ratios of the current property tax system. The financial
viability of those projects should not be-jeopardized by
state - imposed changes in the tax structure. Likewise, enterprise
zone businesses have been recruited based on a commitment that
they would receive a preferential classification ratio In the
:calculation of their property tax obligations. These development
districts should be protected from any negative consequences of
tax reform. The tax increment financing plan in effect at the
time legislation is passed should be the basis for determining
remedies.
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In enacting any major reforms of the Minnesota property tax
system, including the complementary system of property tax relief
through aids to local government, the AMM recommends that the
Legislature pursue policies which meet the following conditions:
THE IMPACT OF ANY PROPOSAL SHOULD BE THOROUGHLY ANALYZED,, FOR
ITS IMPACT STATEWIDE AND ON'INDIVIDUAL COMMUNITIES.
MAJOR SHIFTS THAT INCREASE DISPARITIES IN TAX BURDENS AMONG TAXING
JURISDICTIONS OR REGIONS WITHIN THE STATE SHOULD NOT OCCUR.
ALL SIGNIFICANT CHANGES SHOULD BE PHASED IN SO THAT CITIES CAN
ADEQUATELY PLAN FOR ANY NEEDED ADJUSTMENTS.
LOCAL GOVERNMENT AID, OR AN EQUIVALENT PROGRAM OF PROPERTY TAX
RELIEF SHOULD REMAIN AN ESSENTIAL COMPONENT OF THE PROPERTY TAX
SYSTEM. CATEGORICAL AID PROGRAMS SHOULD NOT BECOME A SUBSTITUTE
FOR LGA AND RELATED PROPERTY TAX RELIEF PROGRAMS.
PROPERTY TAX REFORM SHOULD RECOGNIZE THE TAX /CASH FLOW NEEDS OF
AND NOT JEOPARDIZE EXISTING DEVELOPMENT DISTRICTS, TAX INCREMENT
FINANCE DISTRICTS OR ENTERPRISE ZONES.
THE CHANGES IN TAX STATEMENTS MADE BY THE 1988 LEGISLATURE HAVE
THE POTENTIAL TO MISLEAD TAXPAYERS ABOUT THE VALUE OF HOMESTEAD
AND AGRICULTURAL CREDIT AID (HACA) PAYMENTS MADE TO LOCAL
GOVERNMENTS AND SHOULD BE CORRECTED.
ANY FUTURE REDUCTION IN PROPERTY TAX CLASSIFICATION RATES.SHOULD
NOT BE FUNDED BY TAX SHIFTS TO'OTHER PROPERTY OR FROM THE CURRENT
2 CENT SALES TAX IN THE LOCAL GOVERNMENT TRUST FUND BUT SHOULD BE
FUNDED FROM THE STATES GENERAL FUND.
AN INCOME- ADJUSTED CIRCUIT BREAKER AND RENTERS' CREDIT SHOULD
CONTINUE.
SIMPLIFICATION AND ACCOUNTABILITY ARE DESIRABLE GOALS THAT SHOULD
BE ADDRESSED WITHIN THE ABOVE TENETS.
I -E GENERAL FISCAL IMPACT POLICIES
E -1 FISCAL NOTE CONTINUATION
Many laws are passed each year by the legislature which have a
substantial effect on the financial viability of cities. Some of
these, such as revenue and tax measures, have an obvious` and
direct effect which is often calculated and reported during. the
- hearing process. Many others, such as worker's compensation
benefit increases, mandated activities, binding arbitration and
other labor related legislation, social programs, etc., have
costs which are not as obvious but which will now be-known due to
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a fiscal note requirement. Cities and others will now be able to
determine the real cost of a program or suggestion and be able to
use this data in determining the merits.
THE STATE SHOULD CONTINUE A POLICY OF "DELIBERATE RESTRAINT" ON
ITS MANDATED PROGRAMS AND UTILIZE EXTENSIVELY THE RECENTLY
ADOPTED FISCAL NOTE STATUTE IDENTIFYING LOCAL GOVERNMENT COSTS
ON ANY NEW MANDATED PROGRAMS.
E -2 FUNDING SHIFTS
The Minnesota House of Representatives Research Department
annually prepares 'Major State Aids and Taxes: A Comparative
Analysis'. The statistics for 1985 through 1990 show an imbalance
of state revenues collected and aids and credits distributed
between the metropolitan and outstate areas. Over 65% of the
State Revenue is collected in 'the Metropolitan Area while only
about 45% of the aids and credits are redistributed in the metro
area. In 1990 there was $.59 returned in aids and credits for each
dollar collected in the metro area (up 6 cents from 1989) whereas,
there was $1.32 returned per $1.00 collected in greater Minnesota
(up 7 cents from 1989). The trend in the past two to three years
has been very slightly in favor of the metro area but there is
still a vast imbalance in favor of outstate distribution per
amount collected. If the imbalance is allowed to grow , state tax
and aid policies may jeopardize the future economic growth of the
metro area to the detriment of the whole state.
STATISTICS COMPILED BY THE HOUSE RESEARCH DEPARTMENT SHOW THAT THE
MAJORITY OF THE STATE REVENUE IS RAISED IN THE METRO AREA WHILE
ONLY A MINORITY OF THE STATE AIDS AND CREDITS ARE ALLOCATED TO THE
METRO AREA. THE AMM REQUESTS THE LEGISLATURE TO REDUCE THE
IMBALANCE AND TO CONSIDER HOW THIS DISTRIBUTION OF RESOURCES
EFFECTS THE ECONOMIC GROWTH AND VITALITY OF THE METRO AREA. AND
THUS THE ENTIRE STATE.
The AMM has in the past supported a state budget reserve of a
sufficient size to allow the state-to overcome unexpected Revenue
shortfalls in a given year. This supporting position was adopted
to prevent a repeat of the 1980 disaster where cities did not
receive certified State Aids that had become an integral part of
the budget. However, when faced with a similar shortfall in 1990,
the state legislature and administration again withheld needed _
already budgeted State Aids. The state acted as if use of the
budget reserve for its stated purpose would somehow be bad and
that it was better to take away service resources from citizens
and blame local government.
THE ANN SUPPORTS A CONTINUED STATE BUDGET RESERVE ONLY IF THE
cm
STATE IS WILLING TO USE THE RESERVE IN TIMES OF REVENUE SHORTFALL
IN ORDER TO MAINTAIN THE BUDGETED COMMITMENTS MADE TO LOCAL
GOVERNMENT. MAINTAINING A BUDGET RESERVE MERELY FOR THE SAKE OF
HAVING MONEY IN THE BANK WHILE ARBITRARILY CUTTING PREVIOUSLY
COMMITTED LOCAL EXPENDITURES IS BAD PUBLIC POLICY AND IS DECEIVING
TO THE CITIZENS OF MINNESOTA.
E -4 CITY FUND BALANCES
There are several.reasons why cities must carry adequate fund
balances. First, cities need substantial cash balances at the
beginning of their fiscal year to finance 'expenditures for the
first six months.of the year. (By statute, cities' fiscal year is
on a calendar year basis, running from January 1 through December
31.) The main sources of city revenue are property taxes and
state aid; property tax payments are not made to cities until
June and state aid is not provided until late July -- six to seven
months into the city fiscal year. Without the necessary cash
balance at the beginning of the year cities do not have funds to
operate for the first half of the fiscal year. The alternative
would be for the city to engage in costly borrowing which is not
in the interest of local taxpayers or the state. The office of
the state auditor has recommended that to be prudent, -cities
should carry an end -of- the -year dedicated cash balance sufficient
to fund city expenditures for the first half of the year.
Second, many, cities, in order to save taxpayer dollars and avoid
paying costly interest on debt, accumulate funds for major capital
purchases and infrastructure. A common example is saving over a
period of years to purchase an expensive fire engine or public
works vehicle. In some cities, it may appear as if a city has a
large reserve compared to its annual expenditures, but in reality
it is "saving" for a major. purchase. Confusion over this practice
has lead cities to more prudently "designate" their fund balances
to clarify the intended future use of such funds.
Because of the vast differences in the size of the 856 cities of
Minnesota and the various local preferences in financing
purchases, it would be bad public policy for the Legislature to
restrict or eliminate cities' abilities to accumulate fund
balances.
Third, cities need to maintain some fund balance to meet emergency
or unanticipated expenditures created by situations such as cuts
in aid, natural disasters, lawsuits, and premature breakdown of
vital equipment. Cities are not given the necessary revenue
raising authority to be able to address these issues in the middle
of a' budget year.
And finally, bond rating firms require liquidity and a
demonstrated ability to pay debt in order to receive a favorable
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bond rating. Bond rating firms scrutinize city fund balances when
rating bonds. The better the bond rating of a city, the lower
the interest cost.of borrowing are to the taxpayer. Therefore,
THE LEGISLATURE SHOULD NOT ATTEMPT TO.CONTROL OR RESTRICT CITY
FUND BALANCES. THESE FUNDS ARE NECESSARY TO MAINTAIN THE FISCAL
VIABILITY TO MEET UNEXPECTED OR EMERGENCY RESOURCE NEEDS OF CITY
GOVERNMENTS, TO PURCHASE CAPITAL GOODS AND INFRASTRUCTURE, PROVIDE
ADEQUATE CASH FLOW AND TO MAINTAIN HIGH LEVEL BOND RATINGS.
I -F SALES TAX DEDICATION GUARANTEE
The AMM commends the Legislature for the creation of the Local
government Trust Fund (LGTF) consisting of 2 cents sales tax
dedication to city /county property tax relief. City governmental
officials have. long needed a stable source of funding to augment
the property tax for provisions of municipal services.
THE AMM SUPPORTS CONTINUATION OF THE LOCAL GOVERNMENT TRUST FUND
BASED ON 2 CENTS SALES TAX AND MVET TO BE USED ONLY FOR
PROPERTY TAX RELIEF PROGRAMS CURRENTLY PAID BY THE TRUST FUND BUT
NOT TO INCLUDE FUTURE PROPERTY CLASSIFICATION CHANGES AFTER 1994.
THE AMM SUPPORTS AN IRREVOCABLE DEDICATION OF 2 CENTS SALES AND
MOTOR VEHICLE EXCISE TAX TO THE TRUST FUND WHICH INCLUDES SUPPORT
OF A CONSTITUTIONAL DEDICATION.
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II
GENERAL LEGISLATION
PAGE 9 THROUGH 16
II
GENERAL LEGISLATION
II -A OPPOSE REDUCTION OF AUTHORITY OR LOCAL CONTROL
The AMM has for many years opposed certain statutory changes that
erode local authority or mandate activities which cost money to
implement unless there is.a provision to recover those costs.
Rather than adopt a separate policy for each issue, the AMM
believes that as general policy the legislature should not
decrease current authority or mandate activities creating added
costs to cities without providing the necessary funding or unless
there is overwhelming obvious demonstration of obvious need.
Included -in this general policy is opposition to mandates such as;
mandating wards for elections, setting city employee salaries,
state or metropolitan licensing of tree treatment contractors,
plumbing inspections by licensed plumbers only, and requiring
competitive bidding for land sales.
THE AMM OPPOSES STATUTORY CHANGES WHICH ERODE LOCAL CONTROL AND
AUTHORITY OR CREATE ADDITIONAL TASKS REQUIRING NEW OR ADDED LOCAL
COSTS WITHOUT A CORRESPONDING FUNDING MECHANISM. THIS INCLUDES
MANDATING ELECTION BY WARDS AND INTRUSION IN SETTING LOCAL
SALARIES.
II -B TORT LIABILITY
The Municipal Tort Liability,Act.was enacted to protect the
public, treasury while giving the citizen relief from the
arbitrary, confusing, and administratively expensive prior
doctrine of sovereign immunity with its inconsistent and
irrational distinctions between governmental and proprietary
activities. The act has' served that purpose well in the past,
however, courts frequently forget or ignore the positive benefits
secured to citizens damaged by public servants as a result of
enactment of the comprehensive act which includes some limitations
on liability and some qualifications of normal tort claims
procedure.
The special vulnerability of far -flung government operations to,
debilitating tort suits continues to require the existence of a
tort claims act applicable to local governments or local
governments and the state. The need for some type of limitations
is evidenced by recent experiences with the insurance market.
Cities in Minnesota are finding it increasingly difficult to
obtain insurance at an affordable rate, if at all. Amendments in
1983 to increase the dollar amounts recoverable by plaintiffs
should be adequate to satisfy any reasonable claim. Further
changes in'limits beyond the current $200,000 per person and
$600,000 per occurrence should not be made.
Joint and several liability provisions have been modified to
lessen the deep pockets effect some. The current limit of payment
is times two for liability of 35% or less (i.e. if the city is 300
liable, they may be required to pay 60% of the damage award) or
total responsibility if liability is over 35% (i.e. if the city is
40% liable, they may be required to pay 100% of the damage
award). This still seems onerous especially when this comes out
of taxpayers pockets. Payment liability should definitely not be
increased.
THE AMM SUPPORTS THE CONTINUED EXISTENCE OF THE MUNICIPAL .TORT
LIABILITY ACT AND RECOMMENDS THAT THE CURRENT LIMITS OF LIABILITY
REMAIN INTACT. JOINT AND SEVERAL LIABILITY PROVISIONS FOR PAYMENT
LIMITS SHOULD NOT BE INCREASED FROM CURRENT LAW SO THAT TAXPAYERS
ARE NOT MORE UNFAIRLY SUBJECTED TO DEEP POCKET AWARDS.
II -C DATA PRACTICES
C -1 OPEN MEETING
Data privacy laws protect individuals from the release of
information to the public which the legislature has deemed to be
private or which could be unnecessarily harmful to the individual.
On the other hand, the open meeting law prohibits local government
units from holding closed sessions except when discussing pending
or actual lawsuits with an attorney or labor negotiations.
Unfortunately, many occasions have arisen in past years where
local units in dealing with individuals or employee disciplinary
matters have been forced to either violate the Data Privacy
Statutes or the Open Meeting Statute in order,to fairly resolve
the issue.
The Minnesota Supreme Court in early 1989 apparently resolved the
conflict between the two laws and did so by establishing a clear
rule that when 'not public data' comes before public bodies,
either the. data must not be released or the meeting must be
closed. However, the 1990 legislature overturned that decision,
but in its clarification, raised more questions than existed prior
to that 1989 Annandale decision. The new law allows an initial
hearing to be closed, unless an individual being accused requests
a public hearing, but does not provide for notice to the
individual. It does not say whether the name can be released.
The new-law provides that the data which is a basis for firing or
suspension is public after final determination and that cities
must use 'reasonable efforts' to protect private data. However,
the law is unclear as to whether final determination is upon
council action or upon completion of grievance and arbitration of
the action. The time gap between council action and filing of
grievance is a problem for determining what data is public or
private. It does not define 'reasonable efforts' nor does it
provide a method to discuss multiple charges, some of which may
not be included as part of the ultimate basis for action.
-10-
Local officials appear.to be just as much or more at risk under
the new law than the old law prior to-the Annandale decision, and
thus, because of the severity of punishment should probably
err by.closing meetings rather than err by inadvertently violating
the Data Practices Act and violating an employees right.
THE AMM REQUESTS THE LEGISLATURE TO MAKE THE DATA PRIVACY AND OPEN
MEETING LAWS CONSISTENT SO THAT TO COMPLY WITH ONE LAW A CITY
SHOULD NOT HAVE TO VIOLATE THE OTHER. FURTHER, THE AMM STRONGLY
SUPPORTS LEGISLATION FAVORING DATA PRIVACY OVER OPEN MEETING WHERE
CONFLICTS ARISE TO PROTECT THE EMPLOYEES RIGHT OF CONFIDENTIALITY
FOR - PERSONAL AND PRIVATE DATA.
ALSO, THE LEGISLATURE SHOULD CREATE A PROCESS WHICH WOULD ALLOW
CITIES TO FORWARD DISSEMINATION REQUESTS FROM THE PUBLIC TO AN
INDIVIDUAL OR BOARD AT THE STATE FOR AN OPINION ON THE PROPER
RESPONSE. THE AMM WOULD SUPPORT THIS PROCESS ONLY IF ANY LOCAL
GOVERNMENT RECEIVING THE OPINION WOULD ALSO RECEIVE .PROTECTION
FROM ANY CLAIMS BROUGHT AS A RESULT OF ACTIONS TAKEN IN RELIANCE
ON THE OPINION.
C -2 LIQUOR LICENSE APPLICATION
The definition of 'licensing agency' in Minn. State 13.41 is not
clear as to the inclusion of cities, therefore, it is unclear
whether all or part of the information on license issuance is
public. This can, be a real problem when issuing liquor licenses,
since part of the data concerns 'sensitive business. and personal
finances.
THE AMM ENCOURAGES THE LEGISLATURE TO CLARIFY THAT POLITICAL
SUBDIVISIONS OF THE STATE INCLUDING CITIES ARE LICENSING AGENCIES'
IN MINN. STATUTES 13.41 AND THAT FINANCIAL DATA OF A PERSON OR
BUSINESS SUBMITTED IN CONJUNCTION WITH AN APPLICATION FOR A LIQUOR
LICENSE OR OBTAINED AS A RESULT OF AN INVESTIGATION OF THE
APPLICANT OR LICENSEE SHALL BE CLASSIFIED AS PRIVATE.
C -3 GENERAL PUBLIC DATA
The Government Data Practices Act allows municipalities to charge
the actual costs of searching for, retrieving, and copying public
data if copies of the data are requested. The law prohibits
municipalities from charging the costs of searching for and
retrieving data if a person asks only to inspect it. In many
cases, the searching and retrieving are the most time - consuming
aspects of supplying data. Making a copy is frequently only a
small portion of the time required and should not be the standard
for determining whether 'a charge is appropriate.
Profit - making enterprises have used' this free service to augment
their businesses. For example, individuals have established
-11-
businesses for preparing special assessment searches. Personnel
from these businesses use city facilities, including expensive
computer equipment, to obtain the special assessment data. The
personnel may also take significant amounts of staff time for
explanations of the data collected. They then dominate the
publicly provided telephone for lengthly periods to transmit the
information obtained. These businesses use city facilities and
personnel as part of a profit- making enterprise, solely at
taxpayer expense. -Municipalities should be allowed to charge for
retrieving and explaining public data whether or not the request
includes copying.
The law also prohibits municipalities from charging for
separating public from non - public data. This task may be very
time - comsuming and is necessary to protect the non - public data.
Municipalities should be allowed to charge for this service.
To preserve the Act's spirit and intent of keeping government
records open to inspection for public purposes, the new charges
proposed would not apply to the media or to private citizens
requesting information about themselves or their own properties.
THE AMM ENCOURAGES THE LEGISLATURE TO AMEND MINN. STAT. 13.03,
SUBD. 3 TO. ALLOW MUNICIPALITIES TO CHARGE FOR RETRIEVING AND
EXPLAINING PUBLIC DATA AND FOR SEPARATING PUBLIC FROM NON- PUBLIC
DATA. THIS AMENDMENT WOULD NOT APPLY, HOWEVER, TO THE MEDIA OR TO
PRIVATE CITIZENS REQUESTING INFORMATION ABOUT THEMSELVES OR THEIR
OWN PROPERTIES.
II -D POLICE AND FIRE PENSION PROVISIONS
Local 'police and full -time fire relief associations were phased
out by the 1980 legislature, unless the local council opts to keep
the relief association. All new employees will become part of the
state police and fire PERA fund and the state will reimburse local
units for a portion of the unfunded liability remaining in the
local fund. The unfunded liability was projected to be paid by the
year zoll but during t
excess of 10% and thus
time to year 2005. Pasi
happens in the future
earnings in excess of th
state payments and prof
well as provide a bor
investment increase dror
in future years will pa
tax reduction but the st
better public policy t
funded. Also, 1979 Law
Legislative Retirement
general policy requiring
he 19801s, investment earnings were in
;ould, at that continued rate, reduce the
earnings are not an indication of what
The legislature considered siphoning
it needed for 2011 amortization to reduce
erty tax levy for unfunded liability as
us .(13th. paycheck) to retirees. If
s below 10 %, the local property taxpayers
r more, not; only to pick up the property
ate reimbursement reduction. It would be
D wait until the unfunded liability is
set employee contributions at 8% and the
'ommission has in the past established a
public safety employees to pay 40% of the
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normal pension costs.,
D -1 AMORTIZATION AID
THE AMM OPPOSES LEGISLATION THAT PROVIDES FOR REDUCTIONS OF
STATE AMORTIZATION AID TO LOCAL POLICE AND FIRE RELIEF
ASSOCIATIONS.
D -2 EMPLOYEE CONTRIBUTION AMOUNT
EVEN THOUGH THE EMPLOYEE CONTRIBUTION AMOUNT WAS SET AT 8 %, IN
MANY FUNDS THIS IS NOT EQUIVALENT TO 40% OF THE NORMAL COSTS. THE
AMM URGES THAT THE CONTRIBUTION LEVEL BE SET AT 40% OF THE NORMAL
COST OF FINANCING THE BENEFITS EVEN IF THIS AMOUNT EXCEEDS 8% OF
BASE SALARY.
D -3 BENEFIT INCREASES.
THE AMM OPPOSES ANY BENEFIT INCREASES FOR LOCAL POLICE.AND FIRE
RELIEF ASSOCIATIONS UNLESS AN INCREASE, INCLUDING ANY RESULTING
DEFICIT, IS FINANCED, 50% BY THE EMPLOYING CITY AND 50% BY
EMPLOYEES ON A CURRENT BASIS.
D -4 ASSUMPTION CHANGES
THE AMM SUPPORTS 'CHANGES IN ACTUARIAL ASSUMPTIONS RELATING TO
SALARIES AND INVESTMENT RETURN TO MORE TRULY REFLECT EXPERIENCES.
THE AMM OPPOSES PAYMENT OF ANY TYPE OF BONUS TO ACTIVE OR RETIRED
MEMBERS (13TH. CHECK) AS A PART OF ACTUARIAL.ASSUMPTION CHANGES.
II -E CONTRACTORS PERFORMANCE BONDS
The 1989 legislature modified Minnesota Statutes 574.26 to allow
contractors to provide a letter of credit instead of a performance
bond for contracts of less than $50,000. Although an improvement
at the time, this still will create significant hardship with many
reputable minority and small contractors. In todays market,
projects in excess of $50,000 are very common and are not really
large jobs. Experience also shows that letters of credit are safer
for the public and easier to collect than Bonds. The emphasis
should be on protecting the public.
THE AMM URGES THE LEGISLATURE TO PROVIDE GREATER FLEXIBILITY IN
CONTRACTOR GUARANTEES FOR CITIES BY ALLOWING IN ADDITION TO BONDS,
OTHER RELIABLE FINANCIAL SECURITY GUARANTEES, SUCH AS LETTERS OF
CREDIT, WITHOUT LIMITATION AS TO PROJECT COSTS TO THEREBY ENHANCE
OPPORTUNITIES FOR MINORITY AND OTHER SMALL CONTRACTORS.
II -F CONCURRENT DETACHMENT AND ANNEXATION
Prior to 1985 the changing of municipal boundaries initiated by
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property owners was limited to the single case where their
property was totally surrounded by another community. The 1985
legislation opened the possibility up to all property owners to
initiate such action. . This broad based allowance is problematic
in some instances because of the City expense and intercity
divisiveness that it causes.
IT IS THE POLICY OF THE AMM THAT THE PROVISION ALLOWING PROPERTY
OWNERS TO PETITION FOR ANNEXATION BE MODIFIED TO ALLOW PETITIONING
UNDER ANY OF THE FOLLOWING CRITERIA.
-THE PROPERTY OWNERS HAVE BEEN DENIED A REASONABLE USE OF THEIR
LAND WHICH IS CONSISTENT WITH AND ALLOWED UNDER THE CITY'S
COMPREHENSIVE PLAN AND ZONING ORDINANCE. THE PROPERTY OWNERS HAVE
NOT BEEN DENIED A REASONABLE USE IF THE PERMITTED DEVELOPMENT HAS
BEEN DEFERRED PURSUANT TO A PHASING OR STAGING PLAN.
-THE COMPREHENSIVE PLAN DOES NOT ACCOUNT FOR SIGNIFICANT BARRIERS
SEPARATING THIS LAND FROM SERVICE FROM THE CURRENT COMMUNITY
INCLUDING ANY ABILITY TO ACCESS ITS STREET SYSTEM.
- PROPERTY OWNERS HAVE PAID FOR SPECIAL ASSESSMENTS FOR SERVICE BUT
DUE TO ACTIONS TAKEN BY THE GOVERNING BODY ARE PROHIBITED FROM ANY
CONNECTION TO THAT SYSTEM.
BEFORE PROPERTY OWNERS INITIATE PROCEEDINGS UNDER THESE CONDITIONS
THEY MUST UNDERTAKE A PROFESSIONAL PLANNING FEASIBILITY STUDY TO
BE CONDUCTED BY A CONSULTANT TO BE SELECTED AND PAID FOR BY THE
PROPERTY OWNERS. THE CURRENT COMMUNITY MUST APPROVE THE SELECTION
OF THE CONSULTANT OR OFFER AN ALTERNATIVE CONSULTANT ACCEPTABLE TO
THE PROPERTY OWNERS. IF AGREEMENT CANNOT BE REACHED, THE
MUNICIPAL BOARD SHALL APPROVE A CONSULTANT. THE STUDY SHOULD
EXAMINE THE PROPOSED DEVELOPMENT OF THE PROPERTY AND THE
RAMIFICATIONS OF DETACHMENT AND ANNEXATION. THE STUDY SHOULD
ADDRESS PHYSICAL PLANNING ISSUES, DELIVERY OF SERVICE AND ANY
FINANCIAL RAMIFICATIONS TOGETHER WITH ANY IMPLEMENTATION PLAN.
THE PROPOSED PLAN FOR THE PROPERTY SHALL BE PRESENTED TO THE
CURRENT COMMUNITY. IF REJECTED BY THE. CURRENT COMMUNITY, THE
PROPERTY OWNERS SHALL PRESENT THE PLAN TO THE OTHER COMMUNITY.
PRIOR TO A HEARING IN FRONT OF THE MUNICIPAL BOARD, AFTER THE
PETITION HAS BEEN SUBMITTED, THERE SHALL BE.A PERIOD TO ALLOW FOR
MEDIATION BY THE CITIES.
FAILING A MEDIATED RESULT, A REVIEW SHALL BE CONDUCTED BY THE
REGIONAL PLANNING COMMISSIONS) OR METROPOLITAN COUNCIL WHERE THE
CITIES ARE LOCATED. COMMENTS WILL THEN BE FORWARDED TO- THE
MUNICIPAL BOARD FOR CONSIDERATION.
THE MUNICIPAL BOARD'S DECISION MUST BE BASED.ON A BALANCING OF THE
INTERESTS OF BOTH MUNICIPALITIES AND THE PROPERTY OWNERS. FACTORS
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TO CONSIDER SHOULD INCLUDE BUT NOT BE LIMITED TO:
-THE EXTENT OF PUBLIC SERVICES THAT CAN BE PROVIDED BY EACH
MUNICIPALITY;
-THE FINDINGS OF THE REGIONAL PLANNING AUTHORITY REGARDING•.THE
IMPACT ON THE REGIONAL SYSTEMS;
-THE ECONOMIC IMPACT ON EACH COMMUNITY AND THE PROPERTY OWNERS;
-THE -EXISTENCE OF PHYSICAL BARRIERS WHICH SEPARATE THE PROPERTY
FROM - THE -- REMAINDER OF THE CURRENT MUNICIPALITY BUT NOT THE
PROPOSED MUNICIPALITY; AND
- ADDITIONAL CRITERIA INCLUDED IN MS.4.14.041, SUBDIVISION 5
II -G TORT LIABILITY /MTC SECURITY
State law allows the.Metropolitan Transit Commission (MTC) to hire
off -duty policy officers to provide security for its bus routes.
The law does not allow the MTC to have its own police department,.
The duties and scope of the work have changed significantly as the
MTC security problems have become worse. The MTC security
division now functions almost, like a police department, with a
hierarchy of ranks and marked patrols. Employees of many
metropolitan area policy departments are employed by the MTC in
this capacity.
Member communities have become increasingly concerned about their
potential liability because of this expanded scope of operations.
A plaintiff could easily sue the employing city, alleging that the
city negligently hired and trained an officer, even though the
incident occurred.while the officer was working for the MTC. The
cities obtain no .significant benefit from the officers' work for
the MTC and should not be exposed to any risk as a result.
THE AMM RECOMMENDS THAT THE LEGISLATURE ADOPT A LAW REQUIRING THE
MTC TO COMPLETELY INDEMNIFY GOVERNMENTAL UNITS WHICH ALLOW THEIR
POLICE OFFICERS TO WORK AS SECURITY OFFICERS FOR THE MTC.
II -H 911 TELEPHONE TAX
Since 1985, Minnesota has had the authority to impose a fee of up
to 30 cents per month on every telephone bill in the state.
Currently, the fee is set at 18 cents per phone bill per month.
The funds generated by this fee amount to several millions of
dollars per year. The Department of Administration. uses these
funds to pay. the recurring monthly costs to the 90+ phone
companies in the state for the costs of the dedicated phone
circuits.
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In a previous legislative session, legislation was introduced
which would have allowed the surcharge to grow to $1.00. The
excess fee was intended to develop capital in those outstate
counties to implement enhanced 911 service over and above the
basic 911 service they already have.
THE AMM SUPPORTS EXPANSION OF THE APPLICABILITY OF THE CURRENT 911
ACCESS FEE'ON TELEPHONE BILLS TO BE USED FOR COSTS OTHER THAN JUST
ENHANCED UPGRADE FROM BASIC SERVICE AND THAT ANY FEE IN EXCESS OF
30 CENTS BE RETURNED TO THE JURISDICTION WHERE 'IT WAS COLLECTED.
II -I COOPERATION, COLLABORATION, AND CONSOLIDATION
Many studies and surveys of cities in Minnesota have shown that
cooperative agreements and shared services are very common. The
AMM supports the extensive efforts which have been made by cities
across the state to provide services through cooperative
agreements, collaboration; consolidated programs,,and in some
cases consolidation of governments. We encourage the Legislature
to offer incentives to foster the creation of additional
agreements, but not at the expense of currently funded programs
such as LGA or HACA. It should 'be , acknowledged that city
officials. are most qualified to determine where shared or
consolidated services are most appropriate End will be most
effective. Cities across the state are continuing to make efforts
to' increase the number and extent of programs provided, and /or to
reduce the costs of public services. Therefore,
THE AMM SUGGESTS THAT THE 'LEGISLATURE SHOULD NOT MANDATE
COOPERATIVE AGREE4ENTS OR CONSOLIDATION FOR ANY CITY SERVICES OR
THE FORM OF CITY GOVERNMENT. HOWEVER, THE AMM WOULD SUPPORT
FINANCIAL INCENTIVES TO ACCOMPLISH THE ABOVE PROVIDED THAT
INCENTIVE FUNDING WAS FROM A NEW SOURCE OTHER THAN FROM EXISTING
CITY AID PROGRAMS.
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III
HOUSING AND ECONOMIC DEVELOPMENT AND LAND USE
PAGE 17 THROUGH 34
III
HOUSING, ECONOMIC DEVELOPMENT AND LAND USE
III -A. HOUSING AND NEIGHBORHOODS
The housing problem for persons currently unable to afford market
rate housing can best be mitigated if all levels of government and
the private sector, including non - profit groups, work together and
if each contributes a fair share to the solution.
Each level of government should contribute to help solve the
problem and each level's contributions should be of the kind'it is
best suited to make. The Federal and /or State Levels should
provide direct financial subsidies for housing for low and
moderate income persons. The Federal and- State Governments also
have the responsibility to provide a tax climate in which the
private sector can,produce and maintain rental units that are
affordable to low and moderate income households.. The State
should also grant local units of government the authority and
flexibility to conduct the kind of housing programs that best
meets their diverse needs.
The Metropolitan Council should continue to place high priority on
housing planning for the Metropolitan Area and provide specific
guidance to the public and private sectors so that both can make
rational decisions relative to future housing needs. The Council
should continue to be aggressive in seeking innovative ways to
create housing opportunities for low income persons.
Local units of government also have a major role to play. Local
controls constitute but a small portion of the total cost of
housing but local units should not establish requirements which go
beyond what is necessary for the protection of health, safety and
welfare. Local units should also work with the private and
non - profit sectors to make the best use of existing tools to
produce affordable housing which is more affordable.
Decision makers at all levels must become more cognizant of their
actions, policies, and decisions which have an undesirable impact
on housing costs.
A -1. EXAMINE LOCAL REQUIREMENTS.
Local requirements,. if excessive, can add to the cost of producing
affordable housing.
COMMUNITIES SHOULD EXAMINE THEIR LOCAL REQUIREMENTS (LAND USE
REGULATIONS, SUBDIVISION ORDINANCES, ETC.) TO ASSURE THAT THESE
REQUIREMENTS DO NOT GO BEYOND WHAT IS NECESSARY FOR THE.PROTECTION
OF HEALTH, SAFETY, AND WELFARE, AND INHIBIT THE CONSTRUCTION OF
AFFORDABLE HOUSING. MODIFICATIONS SHOULD BE MADE WHEN
APPROPRIATE. NO LEGISLATIVE INITIATIVE NEEDED.
A -2. PRACTICES WHICH AFFECT HOUSING COSTS.
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Decision makers at all levels of government must become more
cognizant of actions they take which have an impact on housing
costs. These actions in themselves may be worthwhile and
beneficial, but when implemented result in increased housing
costs. Examples of this type of action would include such things
as the sewer availability charge, restricted growth policies,
building and energy codes, environmental rules, etc.
ALL LEVELS OF GOVERNMENT SHOULD EXAMINE ,THEIR PRACTICES AND
POLICIES TO DETERMINE,POSSIBLE UNNECESSARY IMPACTS ON HOUSING
COSTS. CHANGES SHOULD BE MADE AS NECESSARY.
A -3. MANDATORY LAND USE STANDARDS.
Uniform standards for housing style, type and size are not
appropriate because of the great diversity among cities and
differences within cities relative to density of development,
topography, age of housing stock, the mix of housing values, and
the level of municipal services which are provided.
Land use regulation is one of the tools used by city officials
to protect the health, safety, welfare, and interests of the
city's residents.
THE LEGISLATURE SHOULD NOT PASS LEGISLATION WHICH MANDATES UNIFORM
ZONING' AND SUBDIVISION STANDARDS OR WHICH REMOVES ADDITIONAL LAND
USE REGULATION AUTHORITY FROM LOCAL UNITS OF GOVERNMENT. CITIES
SHOULD RETAIN THE AUTHORITY TO REGULATE THE LOCATION, SIZE,
AMOUNT, AND TYPE OF HOUSING WITHIN' THEIR BOUNDARIES. NO
LEGISLATIVE INITIATIVE NEEDED.
A -4. STATE HOUSING POLICIES.
The state should be a more active participant in providing funding
for housing needs. It is expected that allocation of state
resources would be based on an overall state housing policy which
would provide the necessary tools for implementation. The
Legislature needs to provide for financing strategies which will
carry out the long range goals for providing and maintaining
affordable housing opportunities. The state housing policy should
enable and assist local governments, private and non - profit
developers to initiate affordable housing. Local governments
should participate in the formulation of a state housing policy
which will be used to support local housing goals.
THE AMM RECOMMENDS THAT THE STATE PROVIDE DIRECT FUNDING AND
FINANCIAL INCENTIVES NEEDED TO ASSIST CITIES IN MEETING LANG TERM
HOUSING NEEDS IN THE STATE.
DIRECT FUNDING SHOULD COME IN THE FORM OF GRANTS AND LOANS FROM
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STATE FINANCING SOURCES, INCLUDING BUT NOT LIMITED TO:
- STATE APPROPRIATIONS
- STATE BONDING
- STATE GAMBLING REVENUE
MORTGAGE DEED TAX REVENUE
FINANCIAL INCENTIVES PROVIDED THROUGH THE STATE TAX POLICY SHOULD
BE USED TO BENEFIT THE MAINTENANCE AND DEVELOPMENT OF AFFORDABLE
HOUSING. INCENTIVES THAT SHOULD BE CONSIDERED BUT NOT LIMITED TO:
_STATE LOW INCOME HOUSING TAX CREDIT
SALES TAX EXEMPTIONS FOR THE CONSTRUCTION AND OPERATION
OF LOW INCOME HOUSING BY PUBLIC AGENCIES
THE STATE LEGISLATURE IN ALLOCATING RESOURCES FOR HOUSING SHOULD
NOT SPECIFICALLY TARGET AN ACTIVITY AND THEREBY SET ASIDE SMALL
AMOUNTS OF FUNDS FOR MANY DIFFERENT SMALL PROGRAMS. THIS JUST
INCREASES STATE AND LOCAL COST IN ESTABLISHING RULES, AND APPLYING
FOR AND ADMINISTERING THE PROGRAMS.. INSTEAD THE LEGISLATURE
SHOULD SET GENERAL POLICY PRIORITIES FOR THE USE OF STATE FUNDS
AND ALLOW FOR LARGER POOLS OF FUNDS BY WHICH LOCAL, NON - PROFIT AND
FOR - PROFIT DEVELOPERS CAN APPLY BASED ON THEIR SPECIFIC
ACTIVITIES.
A PORTION OF ANY NEW REGIONAL TAX OR FUNDING SOURCE SHOULD BE USED
TO ALSO FUND HOUSING ACTIVITIES IN COOPERATION WITH LOCAL UNITS OF
GOVERNMENTS.
THE AMM RECOMMENDS THAT THE PROPERTY TAX SYSTEM NOT BE USED AS A
SOURCE OF NEW HOUSING FUNDS TO MEET STATE AND METROPOLITAN GOALS.
A -5 LOCAL HOUSING POLICY
There is a great diversity among cities in the metropolitan area.
Some cities need more housing for low income persons while other
cities need housing for moderate to upper income persons. Cities
should have the authority to promote whichever kind of housing is
in the public purpose and best interest of a particular city
while- attempting to provide housing opportunities to households of
all income levels. Cities need to have a greater flexibility in
financing their housing goals if they are to meet the intent of
the Metropolitan Land Planning Act.
CITIES SHOULD BE GRANTED SUFFICIENT AUTHORITY AND FLEXIBILITY BY
THE LEGISLATURE TO CONDUCT-AND FINANCE HOUSING PROGRAMS THAT MEET
THEIR INDIVIDUAL HOUSING NEEDS. LOCAL FUNDS CAN BE USED TO
LEVERAGE FEDERAL, STATE AND METROPOLITAN RESOURCES WHEN THEY CAN
MEET COMMON POLICY GOALS.
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IT IS NECESSARY TO EXPAND FINANCIAL RESOURCES AVAILABLE AT THE
LOCAL LEVEL. WE REQUEST:
- REMOVAL OF THE LGA /HACA PENALTY ON
FINANCING FOR HOUSING
- REMOVAL OF HOUSING AUTHORITY LEVY LIMITS
- REINSTATING THE STATE DEED AND MORTGAGE
PUBLIC AGENCIES
- ALLOWING CITIES TO IMPOSE IMPACT FEES
A -6 METROPOLITAN AREA HOUSING NEEDS
THE USE OF TAX INCREMENT
TRANSFER TAX EXEMPTION FOR
The 1991 Metropolitan Council through a specially appointed
regional housing task force completed a thorough study of housing
needs in the seven - county area. The study concluded that the
region is facing critical challenges to its ability to provide
decent affordable housing for its population. Demographic shifts,
market forces and aging of the regional housing stock will combine
in the 1990s to jeopardize many people's opportunity for housing
of their choice.
Those findings have not been addressed in a comprehensive manner
at either the state and /or federal level in the past year,
therefore the AMM continues to support most of the task force's
final report conclusions and is still very concerned with the
problems identified in said report. And, it is still the case
that individual cities do not have the financial resources to
adequately deal with said.problems which continue to cause unmet
human needs for a good number of citizens in this Metropolitan
area.
TO BEGIN ADDRESSING THE REGION'S ON -GOING HOUSING PROBLEMS, THE
ANN RECOMMENDS THAT:
A. ALL CITIES AND THE METROPOLITAN COUNCIL UNDERTAKE COORDINATED
PLANNING- WITH RESPECT TO CITY AND REGIONAL HOUSING NEEDS
INVOLVING BOTH THE PRIVATE AND PUBLIC SECTORS.
B. A METROPOLITAN HOUSING AND NEIGHBORHOOD REVITILIZATION FUND BE
ESTABLISHED. A SURCHARGE ON THE DEED TAX OR OTHER NON - PROPERTY
REGIONAL FUNDING SOURCE COULD BE USED TO PROVIDE THE FINANCING
TO ADDRESS SUCH ISSUES AS ADEQUATE AFFORDABLE RENTAL HOUSING,
PRESERVATION OF AGING HOUSING STOCK, SHELTER FOR PERSONS WITH
SPECIAL NEEDS, ETC. ON A METROPOLITAN WIDE BASIS.
C.. ADDITIONAL FUNDING BE PROVIDED TO ASSIST . CITIES WITH
COMPREHENSIVE HOUSING PLANNING AND ITS IMPLEMENTATION. THE
ADDITIONAL FUNDING COULD BE CONDITIONED ON A CITY_ UNDERTAKING,
IF IT HAS NOT ALREADY DONE SO, THE SPECIFIED COMPREHENSIVE AND
COORDINATED PLANNING AND ANY METROPOLITAN ALLOCATION OF
FUNDING COULD BE.BASED ON CONFORMANCE WITH REASONABLE
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STANDARDS.
A -7 NEIGHBORHOOD LIVEABILITY
Rapidly evolving social, demographic, economic and behavori,al
changes are converging on many cities creating new challenges that
exceed their capacity to deal effectively with their new
environments.
The challenges cities face, such as deteriorating neighborhoods,
crime, and drugs, need the cooperative efforts of public, private
and business interests to solve. Cities have expanded public
safety, inspection, and health programs; have aggressively
repaired and replaced infrastructure; i.e., replaced streets and
public utility lines; have removed diseased trees, redeveloped
parks, refurbished or replaced neighborhood. civic facilities; and
have developed programs to assist low and moderate income
families, yet problems continue to grow.
Cities should take the lead in developing local and regional
strategies that will assist them in dealing with growing
neighborhood problems. These strategies should include the
following major categories:
1. Physical and structural, deterioration of the
neighborhood.
2. Social welfare of the neighborhood.
3. Educational opportunities.
PHYSICAL AND STRUCTURAL DETERIORATION OF THE NEIGHBORHOOD:
a. Cities .need ,to evaluate the demographic impact on
their housing stock and plan for future
rehabilitation or reuse. The demographic impacts
may include declining home values, delayed or
non - maintenance of housing stock,. foreclosed or
abandoned housing and the changing of neighborhood
character (i.e. An owner -base to a tenant - base). In
a metropolitan area these forces go beyond a city's
boundary and may require a more metropolitan view to
try to resolve the causes of the problems.
b. Cities need to plan for continued upgrading of public
facilities (i.e. streets, utilities, parks) even in
the face of declining values. This may
require statutory authority beyond existing authority.
c. Cities need to plan for regulatory enforcement at
levels needed to maintain neighborhood quality-If a
strong level of enforcement is provided up front it
can be an effective relatively low cost long term
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strategy for maintaining neighborhood quality.
d. Cities need to .plan for and encourage neighborhood
residents' participation in the preservation of the
city's.neighborhoods. Neighborhood pride can become
one of the strongest tools that cities can tap into,
provided that other resources are in place that can
provide the means by which this energy can focus.
e. Cities need to expai
for the targeting
long -term strategy
Expanding this
coordinated efforts
and local level.
nd their resource base and plan
of resources to accomplish their
for neighborhood preservations.
resource base will require
at the federal, state, regional
f. Cities need to strengthen their ability to take
appropriate legal actions in a swift manner to
eliminate deteriorating structures in a
neighborhood. Lengthy procedures accelerate damaging -
impacts blighted structures have on a neighborhood.
This should include the expanding use of the housing
court to allow for action on single family dwellings
and for City code enforcement.
g. Cities need to plan for and encourage neighborhood
resident's participation in recreational pursuits and
activities. Along with the appropriate public
facilities for recreation and leisure, there needs to
be organized programs and activities to make the best
use of these facilities.
h. Cities should actively encourage apartment owners and
managers to formally organize to create a forum by
which owners,. managers, city officials, and other
interested parties may work cooperatively to
establish a climate that would, achieve an ongoing
relationship among all participants and encourage
livable apartment environment.
SOCIAL WELFARE OF NEIGHBORHOODS:
a. Cities need to evaluate those social issues that
directly impact the liveability in a neighborhood
(aging, child care, transportation, job training,
domestic abuse, etc.) and -plan for long -range
systems that will strengthen the liveability of
neighborhoods.
b. Cities need to become more familiar with the social
welfare system and work closely with state and county
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agencies to emphasize the ,need of stabilizing
neighborhoods and the family units within those
neighborhoods.
c. Cities need to strengthen the cooperation of
individuals and families within the neighborhood to
support city initiatives dealing with crime and drug
awareness, public health issues (i.e. garbage houses,
animal infestation, etc.) and domestic abuse.
d. Cities need to plan for services to neighborhoods
_that will allow for affordable day care,
transportation and job opportunities. The impact of
lack of these services has the greatest impact on the
low income and elderly households within any
neighborhood.
e. Cities need to develop programs and /or participate in
the development of state and regional programs to
lessen the impact that poverty has on the
destabilization of a neighborhood. These programs
are needed to deal with the broad range of issues
rather than one specific activity and can be
tailor -made to address a problem by linking
activities together (i.e. rent, mortgage assistance
or tax breaks tied to rehabilitation loans; rent
assistance tied to child care; job training and
transportation assistance,'etc.).,
EDUCATIONAL OPPORTUNITIES:
a. Cities need to encourage, participate in and
strengthen the school systems community education
outreach programs. These programs provide an
opportunity to coordinate school and city efforts to
strengthen the liveability of neighborhoods.
b. Cities need to work within the education process by
providing early childhood education on problems
cities face in dealing with social, impact on
neighborhood liveability.
c. Cities need to work closely with secondary and post
secondary education systems to encourage job
.training programs. Such programs can help solve
neighborhood problems (i.e. work study with forestry,
rehabilitation, maintenance, etc. which will give
work experience by providing' opportunities in the
neighborhoods).
THE AMM RECOMMENDS:
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I. WHERE LEGISLATION IS
PERSONS AND CHILDREN
THE"LINKAGE BETWEEN Hi
TRAINING, HEALTH CAR
LEGISLATURE CONSIDERS
TREAT THESE ACTIVITIES
DIRECTED TO ASSIST LOW INCOME
IN POVERTY, LEGISLATORS RECOGNIZE
JUSING AND HUMAN SERVICES, JOBS.AND
E AND TRANSPORTATION. WHEN THE
LOW INCOME PROGRAMS., IT SHOULD
IN A COMPREHENSIVE MANNER.
2. THAT THE. LEGISLATURE ENACT NECESSARY LEGISLATION TO
°IDENTIFY AND ELIMINATE ANY BARRIERS THAT .WOULD ACT TO
DETER PERSONS FROM ACHIEVING THEIR GOAL OF ECONOMIC AND
PERSONAL,SUCCESS FOR THEM AND /OR THEIR FAMILY.
3. THAT THE GOVERNOR, BY EXECUTIVE ORDER, DIRECT HIS
DEPARTMENT. HEADS WHO ARE INVOLVED WITH ANY ASPECT OF
HOUSING AND,HUMAN.SERVICES TO:
A. COORDINATE THEIR OPERATIONS SO THAT THEY IDENTIFY AND
REMOVE ANY CONFLICTING REQUIREMENTS.
B. ADMINISTRATIVELY., WHERE POSSIBLE IDENTIFY AND REMOVE
THOSE'BARRIERS THAT ARE.FELT TO RESTRICT A PERSON'S
ABILITY.TO ACH:IEVEECONOMIC AND PERSONAL SUCCESS.
4. THAT THE LEGISLATURE AND THE GOVERNOR ALSO SEEK ANY
FEDERAL LEGISLATION AND /OR 'ADMINISTRATIVE RELIEF, IN
IDENTIFYING AND ELIMINATING THOSE BARRIERS AT THE FEDERAL
LEVEL THAT THWART ECONOMIC AND PERSONAL SUCCESS.
A -8 STATE AND OR COUNTY LICENSED,RESIDENTIAL FACILITIES
(GROUP HOMES)
The AMM believes that persons with disabilities are entitled to
live in the least restrictive possible environment and should have
a range of residential choices throughout the state. The AMM also
believes that residential based facilities (i.e. Group Homes)
should not be concentrated. Over - concentration of such facilities
could have a negative impact on the community and on the facility
residents. The AMM believes that the principles contained in this
policy are very appropriate and any state legislation pursued
should not conflict with the AMM principles.
The residents of residential based facilities come from our
communities and the AMM believes that cities as one of the major
institutions of our society have a responsibility to be a part of
the solution by welcoming such facilities on a fair share and
rational basis. The AMM believes that cities have a
responsibility to be part of the solution, but it also believes
that the state has the major responsibility to assure that the
residents living in residential based facilities receive care and
supervision appropriate to the extent of their disability or their
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need to be housed in a group facility.
The state's deinstitutionalization policy is directly linked to
the need for more residential based care facilities in our cities
and the state has the responsibility to provide sufficient funding
to assure adequate care and supervision of the residents placed in
such facilities.
The AMM also believes that the state has an obligation to
screen clients, particularly in the corrections area, so that
persons placed in residential based facilities are not a danger
to themselves, fellow residents, or the community.
THE AMM BELIEVES THE FOLLOWING PRINCIPLES SHOULD BE IN LAW OR RULE
TO REGULATE RESIDENTIAL BASED FACILITIES:
-STATE AND COUNTY AGENCIES MUST PROVIDE TIMELY NOTIFICATION TO
CITIES WHEN A RESIDENTIAL FACILITY LICENSE IS REQUESTED TO BE
ISSUED OR RENEWED IN ORDER TO PROVIDE THE CITY ADEQUATE
OPPORTUNITY TO RESPOND. CITIES ALSO NEED TO BE AWARE OF SUCH
FACILITIES TO KNOW WHAT SPECIAL CARE IS BEING GIVEN RESIDENTS IN
CASE AF PUBLIC SAFETY EMERGENCIES.
-STEPS MUST BE TAKEN TO AVOID THE CLUSTERING OF COMMUNITY
RESIDENTIAL FACILITIES ATTRIBUTABLE TO ECONOMIC, GEOGRAPHIC OR
PROGRAMMATIC EXPEDIENCE. STANDARDS OF NONCONCENTRATION FOR THE
STATE OR FOR COUNTY- ISSUED RFP'S SHOULD BE ESTABLISHED. ALL
CITIES SHOULD HAVE THE RIGHT TO'REGULATE THE DISTANCE BETWEEN
GROUP HOMES IN A CONSISTENT MANNER.
-THERE MUST BE A REALISTIC ONGOING SCREENING PROCESS TO ASSURE
THAT PERSONS PLACED IN A RESIDENTIAL FACILITY WILL BENEFIT FROM
SUCH LIVING ENVIRONMENT AND WILL NOT BE A DANGER TO THEMSELVES OR
OTHERS. THE LICENSING AUTHORITY MUST BE RESPONSIBLE FOR REMOVING
ANY PERSONS FOUND INCAPABLE OF CONTINUING IN SUCH ENVIRONMENT.
- FACILITIES LICENSED BY THE CORRECTIONS DEPARTMENT SHOULD NOT BE
EXEMPT FROM REASONABLE LOCAL LAND USE REGULATIONS.
-A FAIR SHARE CONCEPT AND FORMULA SHOULD BE CONSIDERED WITHIN THE
METROPOLITAN AREA, BUT SUCH CONCEPT AND FORMULA MUST BE COGNIZANT
OF OTHER FACTORS INCLUDING TRANSPORTATION FACILITIES, JOBS
AVAILABILITY, AND OTHER NEEDED SUPPORT SERVICES.
-THE LICENSING AUTHORITY AND /OR THE LEGISLATURE SHOULD PROVIDE
SOME LATITUDE TO CITIES IN SITING SUCH FACILITIES IN ORDER TO
PROVIDE LOCATIONAL SETTINGS THAT WILL BEST MEET THE NEEDS OF THE
PROVIDERS, FACILITY RESIDENTS, THE NEIGHBORHOOD AND THE COMMUNITY
AS A' WHOLE .
A -9 LICENSED RESIDENTIAL FACILITIES (GROUP HOMES) INSPECTIONS
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Cities are frequently requested by the state fire marshal to
inspect group homes and day care facilities, which the state has
the responsibility for. Also, there are inspections made by the
county and %or state for health and licensing purposes.
Cities do not care to provide this service since they 1) do not
get compensation for performing the inspection, and 2).expose
themselves to liability if the city is involved in the inspection.
THE AMM RECOMMENDS THAT:
THE STATE AND /OR COUNTIES PROVIDE ALL THE INSPECTION REQUIRED BY
STATE LAW.
IF THE STATE AND /OR COUNTIES WISH TO HAVE CITIES PROVIDE THE
INSPECTION ON THEIR BEHALF, THE FOLLOWING CONDITIONS MUST,APPLY:
CITIES WOULD BE FAIRLY COMPENSATED FOR THEIR WORK.
CITIES WOULD HAVE THE AUTHORITY TO ORDER COMPLIANCE AND /OR
PROHIBIT THE FACILITY FROM OPENING UNTIL THERE IS COMPLIANCE.
THE STATE AND COUNTIES WOULD BE RESPONSIBLE FOR THE RISK
MANAGEMENT CONCERNS AND THE CITIES WOULD BE EXEMPT FROM LITIGATION
THAT MAY OCCUR.
III -B ECONOMIC DEVELOPMENT
Cities have an interest in the maintenance of and appropriate
enhancements to the economic base of their respective communities.
It is the community's economic base which provides;
a.). the tax base and other revenue sources which support
the general operations of cities, counties and school
districts;
b.) the employment. of some or a substantial number of
residents and,
c.) the means by which the populus is housed.
All metropolitan communities address economic development when
it's translated to physical development through their local land
use regulations with the individual communities striving for _
"orderly development ". As a group however, metropolitan
communities differ as to development needs and view points; with
each community's needs subject to a'number of variables. -
A municipality's ability to both regulate and promote economic
development is based on authority established by other
-26-
organizations and regulations. It is this ability that is of
general interest to all Metropolitan communities. The Association
of Metropolitan Municipalities (AMM) is the principal policy
action group acting on behalf of its member cities. As such it is
appropriate that AMM present the policy issues and concerns to
those organizations that set the rules.
Because of divergent economies, differing needs and diverging
viewpoints between Metropolitan Minnesota and Greater Minnesota
there is a need to ensure that the means of economic development
available to AMM member cities are appropriate to their needs and
that economic development efforts of others are complementary to
and not at the expense of member cities. As noted economic
development for local governments is not just a matter of more tax
base for the community but entails tools to promote, regulate and
service the development. Promotional means include Housing and
Redevelopment Authorities, Economic Development Authorities, Port
Authorities, tax increment financing, revenue and general
obligation bonds, condemnation and the Star Cities Program.
Regulation includes its comprehensive planning and land use
functions. Servicing include water, sewer, streets and other
municipal services.
TRANSPORTATION AS A KEY ECONOMIC DEVELOPMENT ELEMENT
Transportation, not only streets and highways but mass transit,
rail and air, is a key element in the economic
development picture of a community.
While infrastructive issues such as water and sewer are to some
degree issues for one or two governmental entities, transportation
systems involves the entire gamut from the local municipality'
through the federal government. Additionally it is more than just,
an infrastructure issue. Concerns as to where highways were to be
planned was a significant issue raised in the formation of the
Metropolitan Council and a rationale for passing the Fiscal
Disparities Act in,1973.
The transportation issue has come to the forefront in the last few
years as major highways and interstate links have aged, existing
routes have volumes exceeding capacity and federal and state
funding has not kept pace with needs. This has been further
highlighted by using a previous highway funding source, the sales
tax /MVET, to help balance the state general fund. This has
resulted in cuts and delays in projects throughout the state.
With economically depressed areas demanding more funding to
improve their economic attractiveness to businesses and
economically successful areas needing funding to keep pace with
expansion, the issue of funding has become very divisive between
Metro and Greater Minnesota. A balanced and an efficient, well
maintained transportation system, including the before mentioned
-27-
components, is a necessity.so as not to retard economic
development.
BUSINESS FACTORS IN ECONOMIC DEVELOPMENT
While governmental entities can provide inducements, services and
infrastructure there are a number of other factors that influence
a business'' economic development decisions. Factors such as in
place resources and costs, human resources (availability that
matches the needs), regulations and attendant costs, governmental
costs such as taxes, services etc. While only some of these are
under the control or influence of the governmental sector in the
state and therefore the mission of AMM, these entities should make
efforts to ensure that state and local-governments are
competitive.
GENERAL ISSUES IN ECONOMIC DEVELOPMENT
Apart from direct business factors other items influence
locational and expansional considerations including "Quality of
Life" factors such as_ the educational systems, arts, theater and
professional sports teams. In addition governmental concerns
relate to housing, environmental impacts and economic security
among others.
B -1 CITIES DEVELOPMENT, RE- DEVELOPMENT AND ECONOMIC DEVELOPMENT
RESPONSIBILITIES:
The Twin City Metropolitan Area represents over 500 of the
population of the State of Minnesota and is the major source
of the economic vitality of this state.
At the same time, the cities of Minneapolis. and St. Paul,
along with the older suburbs are facing the ongoing need for
providing economic development opportunities for the lower
income residents of their respective communities.
There is also the need for the redevelopment of neighborhoods
and commercial and industrial areas to revitalize the
decaying areas of'these cities, which is causing
disinvestment.
In view of the fact that,cities have the primary
responsibility for economic development and to accomplish the
above goals, cities need fiscal tools so they can address
these issues on a timely and effective basis. The recent
riots in Los Angeles and the infrastructure collapse in
Chicago has brought a flurry of activity. at the federal
level.
The so called Urban Aid Plan proposes as one of its
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cornerstones - ENTERPRISE ZONES. An examination of this
proposal appears to be a proposal that the central cities
could be eligible for, but even though cities over 20,000
could apply, those suburbs in this Metropolitan Area would
only possibly meet some of the criteria by certain census
tracts, not the city as a whole.
The administrative burden of this proposal would be something
that any city wishing to participate should examine very
carefully.
The State Legislature in the last session considered a
proposal by the City of St. Paul titled "THE NEW
MANUFACTURING AND TARGETED JOBS BILL ".
The purpose of this legislation was to provide incentives to
encourage new manufacturing jobs to be created by business to
be located in the City of St. Paul. These would be jobs,that
would pay $8- $10 /hr. The incentives could be used to retain
employment in St. Paul by corporations that had facilities in
the city, but were contemplating locating them in another
state.
The most effective program that the central cities have had
at the state level has been the U.R.A.P. program. This was
very easy to administer,and the legislature made the
designation of who was eligible.
Many suburban communities asked for similar legislation in
the past 'and feel that it would work well to address their
housing and related economic development needs - including a
targeted jobs program also.
THE AMM URGES APPROVAL OF A NEW WORKABLE STATE ENTERPRISE
ZONE OR A MANUFACTURING JOB OPPORTUNITY ZONE INCENTIVE
PROGRAM.
THE AMM ALSO URGES THE LEGISLATURE TO ENACT A NEW VERSION OF
THE URAP PROGRAM THAT INCLUDES ALL CITIES WITH THE
CHARACTERISTICS AND DEMOGRAPHICS. THAT MEET DEFINED CRITERIA.
SUCH CRITERIA SHOULD INCLUDE FACTORS SUCH AS POVERTY. RATES,
AGE OF HOUSING, UNEMPLOYMENT RATES, INCOME LEVELS, ETC.
WE ALSO RECOMMEND THAT ONCE A CITY HAS BEEN DESIGNATED A URAP
ELIGIBLE COMMUNITY, IT BECOMES AUTOMATICALLY ELIGIBLE FOR ANY
BENEFITS THAT WOULD BE AVAILABLE UNDER ANY ENTERPRISE ZONE
LEGISLATION AND /OR ANY OTHER PROGRAM TARGETED TO CITIES
WHOSE CHARACTERISTICS AND DEMOGRAPHICS INDICATE THERE ARE
NEEDS THAT CANNOT BE MET WITHOUT STATE AND FEDERAL
ASSISTANCE.
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THE AMM ALSO RECOMMENDS THAT THE MINNESOTA DEPARTMENT OF
TRADE AND ECONOMIC DEVELOPMENT REVISE ITS ECONOMIC BLUEPRINT
FOR MINNESOTA TO INCLUDE CITIES IN THE PROCESS FOR
DETERMINING THE GOALS WHICH WILL RESULT IN A HEALTHY, GROWING
AND COMPETITIVE MINNESOTA ECONOMY. AS PART OF THE BLUEPRINT,
A WORK PLAN THAT INCLUDES CITIES' INPUT SHOULD BE DEVELOPED.
B -2 EQUAL TREATMENT OF CITIES.
The AMM believes that all cities irrespective of size or location
should be treated fairly with respect to the availability and use
of state authorized development and redevelopment tools, and
programs and state funding.
THE AMM URGES THE LEGISLATURE TO ASSESS NEW PROGRAMS THAT CAN BE
EFFECTIVELY USED BY ALL CITIES. NEW PROGRAMS DESIGNED TO ADDRESS
SPECIFIC ECONOMIC CIRCUMSTANCES WITHIN CITIES OR COUNTIES SHOULD
USE PROBLEM DEFINITION AS THE CRITERIA FOR MUNICIPAL PARTICIPATION
AS OPPOSED TO GEOGRAPHIC LOCATION, SIZE OR CITY CLASS, ETC.
B -3 TAX INCREMENT FINANCING.
Tax Increment Finance (TIF) has enabled cities to plan and carry
out housing, economic development,' and redevelopment projects on
their own initiative. TIF represented, prior to 1990, the most
feasible and effective strategy or tool exercised by cities to
preserve and improve their own physical and economic environments.
TIF was, virtually the only tool available to most cities for
positive self intervention to curb the spread of blight and to
encourage and manage. sound economic development which is so vital
to provide jobs and to.maintain a healthy tax base.
Unfortunately, the many restrictive amendments placed on TIF
during the 1990 Legislative Session virtually eliminated TIF as a
viable tool for most cities. One of the `sore spots' which led to
the restrictive amendments was the Legislative concern with the
way some cities were using economic'development districts. While
some changes mostly technical, were made during the 1991 session,
TIF remains as virtually unworkable for most .metropolitan area
cities. Since cities are the level of government mostly
responsible for economic development and redevelopment (which
includes but is not limited to job creation), TIF should be
restored as a workable tool. Economic development districts can
be eliminated as a tradeoff for restoration of TIF as noted in the
following.
THE AMM STRONGLY ADVOCATES THAT TIF BE RESTORED IN THE FOLLOWING
WAY:
A. THERE SHOULD BE TIF DISTRICTS FOR:
- REDEVELOPMENT
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RENEWAL AND RENOVATION
HOUSING
POLLUTION CLEAN -UP
MANUFACTURING
SOILS CONDITIONS
B. THE LOCAL GOVERNMENT AID (LGA) AND HOMESTEAD AGRICULTURAL
CREDIT AID'(HACA) DEDUCTIONS SHOULD BE ELIMINATED.
C. THE LENGTH (TERM) OF THE REDEVELOPMENT AND-HOUSING DISTRICTS
COULD BE REDUCED PROVIDED THE CITY ESTABLISHING THE DISTRICT
CAN RECEIVE THE FIRST INCREMENT WHEN THE DISTRICT'S CAPTURED
VALUE APPROXIMATES THE CAPTURED VALUE AMOUNT IDENTIFIED IN THE
TIF PLAN OR DEVELOPMENT AGREEMENT.
D. A MANUFACTURING DISTRICT SHOULD HAVE A 12 -YEAR TERM AND THE
AMOUNT OF OFFICE AND RETAIL SPACE SHOULD ALSO BE INCREASED.
E. POOLING WILL BE PERMITTED FROM DISTRICTS ONLY IF THE DISTRICT
IS LOCATED IN A PROJECT AREA THAT MEETS THE CRITERIA FOR
RENEWAL AND RENOVATION DISTRICTS AND REDEVELOPMENT DISTRICTS.
F. A PORTION OF A DISTRICT'S CAPTURED VALUE CAN BE USED TO
PROVIDE AFFORDABLE HOUSING OPPORTUNITIES WITHIN THE.CITY THE
DISTRICT IS LOCATED IF THE CITY HAS A LACK OF AFFORDABLE
HOUSING.
G. A REDEVELOPMENT OR RENEWAL DISTRICT CAN BE REDESIGNATED A
POLLUTION DISTRICT IF POLLUTION REQUIRING SIGNIFICANT CLEAN -UP
COSTS ARE FOUND IN THE DISTRICT.
B -4 LOCAL OPTION FOR DEVELOPMENT ORGANIZATION STRUCTURE.
There have been previous legislative initiatives which would have
the effect of forcing cities to have a combined, - single
development authority for housing and economic development and
redevelopment activities. .The proponents argue that the intent of
such legislation is not to restrict local development activities
but to help assure coordination and cooperation at the local
level. We believe cities ought to have the maximum flexibility in
determining which type or types of local agencies are the most
appropriate to meet the desires and unique needs of different
cities. There is a possibility that a bill similar to the previous
bill will be introduced again.
THE AMM SUPPORTS LEGISLATION WHICH WOULD ENABLE CITIES TO HAVE A
SINGLE, COMBINED DEVELOPMENT AUTHORITY AS LONG AS IT IS OPTIONAL.
IF THE LEGISLATURE BELIEVES THAT IT IS IN THE `PUBLIC INTEREST' TO
HAVE A SINGLE, COMBINED DEVELOPMENT AUTHORITY, IT SHOULD PROVIDE
INCENTIVES TO ENCOURAGE CITIES TO ADOPT THAT OPTION. SUCH ACTION
SHOULD NOT BE MANDATED NOR SHOULD A CITY BE PENALIZED IF IT DOES NOT
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CHOOSE SUCH OPTION. THE AMM ALSO SUPPORTS ENABLING LEGISLATIOR TO
ALLOW CITIES TO CREATE AN AREA (TWO OR MORE CITIES) DEVELOPMENT
AUTHORITY.
B -5 COUNTY ECONOMIC DEVELOPMENT AUTHORITIES (EDA'S)
Some county officials have suggested that Counties be given EDA
authority similar to Cities. A bill was introduced in the 1989
Session to grant.such authority and may be introduced again.
There may be areas of the state, particularly in Greater
Minnesota, where it makes sense to do economic development
projects on a larger geographic basis such as a County. Such
rationale does not exist in the seven- county area in the AMM's
judgement.
THE AMM DOES NOT NECESSARILY OPPOSE THE GRANTING OF ECONOMIC
DEVELOPMENT AUTHORITY TO COUNTIES IN GREATER MINNESOTA BUT
OPPOSES SUCH AUTHORITY FOR COUNTIES IN THE METROPOLITAN AREA
SINCE IT WOULD BE DUPLICATION OF AUTHORITY PRESENTLY EXERCISED BY
CITIES.
B -6 DEVELOPMENT OF POLLUTED LANDS
Every Minnesota city has contaminated sites within its boundaries
that remain undeveloped and polluted because of the number of
obstacles that prevent local government- action. Among the
roadblocks are liability issues and financing of up -front costs
for clean -up. Developers are reluctant to expose themselves to
liability. Clean -up costs often exceed the value of the land
precluding incentive for private sector intervention. Public
sector subsidy is critical.
Recent changes in tax increment law have rendered hazardous
substance subdistricts useless in providing assistance with
clean -up costs, and Superfund dollars are not sufficient to
address the need. In addition, there is some question as to
whether Superfund assistance to clean up a site has negative
ramifications for later development.
The Legislature did pass the Land Recycling Act of 1992 which
should be of some help. The law is designed to promote the
transfer and reuse of contaminated land by offering an exemption
from liability to those who, are not otherwise liable and who
voluntarily.cleanup a site. The new law also provides that once a
response action is satisfactorily completed,.the PCA Commissioner
will issue a certificate of completions The protection from
Superfund liability will then extend to =lenders and successors
and future property owners.
While this new law should help, other action is still needed to
solve this problem and remove the blighting influence these
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polluted lands have on our communities.
THE AMM SUPPORTS LEGISLATION THAT WOULD:
- PROVIDE A SOURCE OF FUNDING FOR A STATE -WIDE REVOLVING LOAN OR
GRANT FUND FOR ASSESSMENT AND CLEAN -UP OF CONTAMINATED SITES THAT
HAVE DEVELOPMENT POTENTIAL;
- RESTORE TAX INCREMENT FINANCING WITH RESPECT TO HAZARDOUS
SUBSTANCE SUBDISTRICTS;
-CREATE-AND ENFORCE A DEVELOPMENT ACTION RESPONSE TIMELINE; AND
- REQUIRE THAT CONDEMNATION COMMISSIONERS CONSIDER THE COST OF
CORRECTING POLLUTION PROBLEMS IN DETERMINING THE FINAL AWARD
VALUE OF THE PROPERTY.
B-7-BUILDING PERMIT FEE SURCHARGE
Local units of government levy a one..half percent surcharge on
building permits which is paid to the State to operate the State
Building Codes and Standards Division. . Until the 1991
Legislature changed the law at the request of the Governor, any
excess fees over actual operating costs were proportionately
rebated to local units to help pay for Building Officials
training and continuing education costs. Local units of
government are facing tough financial times and need every
available resource, especially that which could be considered
local money.
THE AMM RECOMMENDS REINSTATING THE LANGUAGE PROVIDING THAT UNUSED
BUILDING PERMIT SURCHARGE FEES IN EXCESS OF STATE BUILDING CODE
DIVISION COSTS BE RETURNED TO LOCAL UNITS OF GOVERNMENT.
III -C LAND USE PLANNING
Land use regulation by cities in the Metropolitan Area has been
governed by the Municipal Planning Act (MS 462) and the
Metropolitan Land Planning Act (MS 473). While not a perfect
framework, these acts.have worked well for the vast majority of
cities in the metropolitan area. Land use control is more than
just one of the many powers exercised by cities and occupies a
significant part of the work of city councils and their staff.
It has a significant impact on other community regulations, tax
base, economic development and redevelopment. It is a driving
force for creating service needs. Land use regulation is the
common thread which runs through most of a city's functions and
operations.
Proposed legislation, which would have superceded existing law
and created a uniform land planning law for cities, towns and
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counties was introduced in the 1987 through 1990 legislative
sessions under the sponsorship of the Governor's Advisory
Committee on State -Local Relations (ACSLR). The AMM
successfully opposed those proposals because they would have
diluted the authority of local elected officials; established a
new legal framework which could have rendered moot. much of the -
existing case law and existing codes and ordinances; created
conflict with some provisions of the metropolitan land planning
act; and reduced the flexibility and discretion of local
officials to manage development within cities.
A special AMM task force worked for over two years in developing.a
compromise proposal which would be beneficial to metro cities as
well as to the counties, townships and outstate cities. The task
force's work was completed in late 1991 and a bill was introduced
in the 1992 session which embodied the task force's work.
THE AMM WILL SUPPORT A UNIFORM LAND PLANNING ACT THAT IS
CONSISTENT WITH. THE PROVISIONS OF THE. COMPROMISE PROPOSAL
DEVELOPED BY THE AMM LAND USE PLANNING TASK FORCE. THE KEY
PRINCIPLES WHICH MUST BE CONTAINED IN A NEW LAW ARE AS FOLLOWS:
A. THE LEGISLATION MUST NOT CONFLICT WITH THE METROPOLITAN LAND
PLANNING ACT, AND
B. THE AUTHORITY OF LOCAL ELECTED. OFFICIALS TO MAKE LAND USE
DECISIONS MUST NOT BE REDUCED FROM'EXISTING LAW, AND
C. THE FLEXIBILITY IN MANAGING LAND USE PLANNING AT THE LOCAL
LEVEL MUST NOT BE REDUCED, FROM EXISTING LAW, AND
D. SUFFICIENT TIME MUST BE GRANTED IN IMPLEMENTING THE REVISED
LAW TO MINIMIZE THE COSTS TO CITIES OF UPDATING LOCAL CODES
AND, ORDINANCES.
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IV
METROPOLITAN AGENCIES
PAGE 35 THROUGH 52
IV
METROPOLITAN AGENCIES
IV. PHILOSOPHY WITH RESPECT TO METROPOLITAN GOVERNMENTAL AGENCIES
Many challenges AMM cities face in the 1990s are beyond the
financial and staff resources of a single city. Therefore, it is
recognized by the AMM..that when such questions arise, it is in the
organization's interest that all concerned units of government
cooperate and work together in reaching solutions.
There are a few issues which because of their complexity or cost
encompass the concerns of the entire metropolitan area. The
region -- may -need to deal with these issues through a metropolitan
governance system. The AMM strongly believes that this system must
act in cooperation with local governing bodies. The theme of this
effort is that the metropolitan agencies and local government
officials are partners, with each respecting the roles of the
other when addressing metropolitan wide problems and issues.
IV -A PURPOSE OF METROPOLITAN GOVERNMENTAL AGENCIES
The diversity and political differences in our metropolitan area
results in the need for a regional service delivery system to
provide certain services or portions of services to most
effectively and efficiently address the needs of the residents.
There is also a need for planning on a metropolitan basis which
must be done in cooperation with local government.
THE ASSOCIATION OF METROPOLITAN MUNICIPALITIES AFFIRMS IT SUPPORT
FOR THE CONCEPT OF A METROPOLITAN GOVERNANCE SYSTEM WHEN
APPROPRIATE. THE PRIMARY AND PREDOMINATE PURPOSES OF THE
METROPOLITAN GOVERNANCE SYSTEM SHOULD BE TO FACILITATE THE
COORDINATED PLANNING AND DEVELOPMENT OF THE METROPOLITAN AREA; TO
PROVIDE REGION -WIDE SERVICES, WITHOUT DUPLICATING THOSE PROVIDED
BY LOCAL GOVERNMENT, THAT ARE BEYOND THE CAPABILITIES OF LOCAL
GOVERNMENTAL UNITS TO CARRY OUT INDIVIDUALLY OR JOINTLY; TO
PROVIDE REGION -WIDE PLANNING AS NECESSARY AND WITH THE COOPERATION
OF AFFECTED LOCAL GOVERNMENT UNITS AND TO FULFILL OTHER SPECIFIC
RESPONSIBILITIES AS DELEGATED BY THE STATE AND FEDERAL
GOVERNMENTS.
IV -B CRITERIA FOR EXTENSION OF METROPOLITAN ORGANIZATION POWERS
Any efforts by Metropolitan Agencies to expand their powers or
authority must be carefully considered and limited in focus
with in -depth .review by all those impacted by the proposed
changes.
THE LEGISLATURE, WHEN GRANTING THE METROPOLITAN AGENCIES
ADDITIONAL AUTHORITY, SHOULD CAREFULLY STATE THE SPECIFIC
AUTHORITY BEING GRANTED.
ANY EXPANSION OR EXTENSION OF AUTHORITY SHOULD BE CONSIDERED
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9
ONLY WHEN AT LEAST ONE OF THE FOLLOWING CONDITIONS EXIST:
-THE SERVICE, FUNCTION, OR ACTIVITY HAS BEEN SHOWN TO BE NEEDED
AND IT' CAN BE DEMONSTRATED THAT IT CANNOT OR IS NOT BEING
EFFECTIVELY OR EFFICIENTLY PROVIDED THROUGH EXISTING GENERAL
PURPOSE UNITS OF GOVERNMENT;
- INTERVENTION ON A REGIONAL BASIS IS NEEDED FOR PROTECTION OF THE
REGION'S INVESTMENT IN AN EXISTING METROPOLITAN SYSTEM.
IV -C STRUCTURES, PLANNING, IMPLEMENTATION AND FUNDING OF
METROPOLITAN SERVICES AND PROGRAMS.
The Metropolitan Council was created by the Legislature in 1967,to
coordinate "the planning and development" of the Metropolitan
Area. The Council was mostly advisory, but was given
responsibility for regional policy development and coordination in
the areas of wastewater treatment and disposal, land
transportation and airports. The Council was given limited
approval authority for development proposals which were of
metropolitan (regional) significance. The Council' was not given
direct operational authority and instead the Legislature created
two new Metropolitan Commissions (MWCC and MTC) and restructured
the MAC to operate and provide regional services. The Metropolitan
Council's responsibility has expanded subsequently to'include
regional parks and open space, solid waste, approval authority
for controlled access highways and for certain elements
(airports, transportation, parks and open space, and sewers) of
local comprehensive plans.
C -1 -POLICY PLANNING - POLICY IMPLEMENTATION
The historic legislative intent concerning separation of
responsibility for metropolitan policy planning and policy
implementation should be continued.
THE METROPOLITAN COUNCIL MUST BE A PLANNING AND COORDINATING
BODY. REGIONAL POLICY AND PROGRAMS SHOULD BE IMPLEMENTED AND /OR
OPERATED BY EXISTING METROPOLITAN OPERATING AGENCIES AND /OR
GENERAL PURPOSE UNITS OF LOCAL GOVERNMENT WHEN PRACTICAL. NEW
METROPOLITAN OPERATING AGENCIES OR COMMISSIONS SHOULD ONLY BE
CREATED WHEN THE SERVICE OR FUNCTION TO BE PROVIDED HAS BEEN SHOWN
TO BE NEEDED AND IT CAN BE DEMONSTRATED THAT IT COULD BE MORE
EFFECTIVELY PROVIDED THROUGH A NEW STRUCTURE RATHER THAN THE
EXISTING STRUCTURES.
C -2 FUNDING FOR REGIONALLY PROVIDED SERVICES
The Metropolitan Council and the Metropolitan Agencies funding has
changed over time and is a mixture of 'property taxes, user fees
and federal and state revenues. Occasionally there has been some
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discussion to replace these multiple sources with a single new
revenue source.
THE AMM BELIEVES IT IS APPROPRIATE TO CONTINUE TO FUND THE
REGIONAL AGENCIES AND ACTIVITIES BY THE EXISTING COMBINATION OF
USER FEES, PROPERTY TAXES, STATE AND FEDERAL GRANTS. THE ANN
BELIEVES THIS METHOD PROVIDES BETTER OVERSIGHT OF EXPENDITURES BY
THE `PAYERS' AND THEREFORE OPPOSES THE IMPOSITION OF A SINGLE NEW
REVENUE SOURCE TO REPLACE THE PRESENT FUNDING SOURCES.
C -3 REGIONAL TAX RATES AND USER FEES
The Legislature controls the tax levies of the Metropolitan
Council and the other Metropolitan Agencies. We believe it should
continue to do so. User fees are generally controlled by the
Metropolitan Agency collecting the fees (MWCC, MTC and MAC). The
setting of user fees and the process for setting fees has
generally not been considered a problem by local officials except
for isolated cases. The AMM believes that:
USER FEES 'FOR REGIONAL SERVICES SHOULD NOT BE DICTATED BY THE
LEGISLATURE BUT SHOULD BE DETERMINED. BY THE OPERATING AGENCY
PROVIDING THE SERVICE. ALL FEES SHOULD BE REVIEWED BY THE
METROPOLITAN COUNCIL ON A PERIODIC BASIS TO ENSURE THAT SUCH FEES
ARE CONSISTENT WITH. REGIONAL SYSTEM PLANS AND GOALS. AN OPEN
VISIBLE PROCESS /PROCEDURE SHOULD BE EMPLOYED FOR USER FEE CHANGES
UNDER GUIDANCE OF THE METROPOLITAN COUNCIL WHEN CHANGES ARE
NECESSARY AND IN CLOSE COOPERATION WITH THOSE IMPACTED BY THE FEE
CHANGES.
IV -D COMPREHENSIVE PLANNING - LOCAL AND REGIONAL INTERACTION
Planning is an ongoing process, and .several precepts should be
kept in mind by Local Units of Government, Metropolitan Agencies
and the State as this metropolitan planning process continues.
METROPOLITAN SYSTEM PLANS MUST CONTINUE TO BE SUFFICIENTLY
SPECIFIC IN TERMS OF LOCATIONS, CAPACITIES, AND TIMING TO ALLOW
FOR CONSIDERATION IN LOCAL COMPREHENSIVE PLANNING.
THE REGIONAL INVESTMENT IN METROPOLITAN PHYSICAL SERVICE SYSTEMS
(TRANSPORTATION, WASTEWATER TREATMENT, AIRPORTS, AND PARK AND OPEN
SPACE) SHOULD CONTINUE TO BE PROTECTED BY PREVENTING ADVERSE
IMPACT ON THESE SYSTEMS DUE TO LACK OF INTEGRATION AND
COORDINATION BETWEEN REGIONAL AND LOCAL PLANNING.
LOCAL OFFICIALS MUST HAVE EFFECTIVE INPUT INTO THE REGIONAL
PLANNING PROCESS ON AN ONGOING BASIS.
DESIGNATION OF OTHER REGIONAL PLANS AS METROPOLITAN SYSTEMS PLANS
SHOULD NOT BE MADE UNLESS THERE IS A COMPELLING METROPOLITAN AREA
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WIDE PROBLEM OR CONCERN THAT CAN BEST BE ADDRESSED THROUGH A
REGIONAL SYSTEM DESIGNATION.
IV -E COMBINED SEWERS - SEPARATION
The three communities of Minneapolis, St. Paul and South St. Paul
still have some combined waste water and storm water sewers -which
create overflows of untreated waste water in the Mississippi River
during heavy rains and storm water runoff periods. These cities
have over many years been progressing with sewer, separation
projects paid for primarily through local tax levies. The Federal
and State. governments are pressing the issue of meeting certain
water quality standards in the Mississippi River which apparently
cannot be done until separation is complete. The state has
provided additional funding since the 1985 Legislative session to
help pay for the speed up. For the first five . years of the
program Federal funds were also available to assist in the
program. Since 1990, however, there have been no Federal funds.
IT HAS BEEN AMM' POLICY THAT IF THE STATE GOVERNMENT CONTINUES TO
PURSUE THE ACCELERATED COMBINED SEWER SEPARATION PROGRAM IN THE
THREE CITIES, THAT IT ALSO CONTINUE TO PROVIDE FUNDING TO ENSURE
THAT NEITHER LOCAL PROPERTY TAXES NOR METROPOLITAN SANITARY SEWER
COSTS ARE INCREASED DUE TO. THE ACCELERATED BUILD EFFORT. THE
PROGRAM TO DATE HAS PROCEEDED ACCORDING TO THAT POLICY.
AS THE CSO ISSUE HAS SIGNIFICANT IMPLICATIONS, BOTH FOR STATE
FINANCES AND FOR DEVELOPMENT IN THE METROPOLITAN AREA, THE AMM
REQUESTS THAT ITS BOARD OF DIRECTORS.HAVE THE OPPORTUNITY TO
REVIEW AND COMMENT ON ANY SIGNIFICANT CHANGE IN THE FINANCING OR
IMPLEMENTATION PLANS FOR THE SEPARATION PROJECT.
SINCE PART OF THE REASON FOR THE ACCELERATED PROGRAM IS TO MEET
FEDERAL STANDARDS, AMM SUPPORTS THE CONSIDERATION OF THE
ESTABLISHMENT OF A CSO FUNDING PROGRAM AND THE ADDRESSING OF THE
MOST EFFICIENT MANNER AND REGULATORY FRAMEWORK WHEN THE CONGRESS
CONSIDERS THE REAUTHORIZATION OF THE FEDERAL CLEAN WATER ACT.
IV -F METROPOLITAN COUNCIL BUDGET /WORK PROGRAM PROCESS
The Metropolitan Council has an annual budget over 15 million
dollars and its programs impact the two million plus people living
in the metropolitan area. The budget document should convey
sufficient information so that the residents can determine what
`product' is being produced and how much the `product' costs and
the benefits. The budget process should commence early enough in
the annual adoption cycle so that the residents can provide
meaningful input as to goals and priorities.
F -1 BUDGET DETAIL-AND SPECIFICITY
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The annual budget and work program document has been improved in
recent years and contains more detail and specificity which
enables public interest groups to make more reasoned
recommendations but further improvements can be made.
MANDATED OR NON - DISCRETIONARY PROJECTS, PROGRAMS AND ACTIVITIES
SHOULD BE IDENTIFIED. PROJECTS; PROGRAMS AND ACTIVITIES WHICH MAY
BE 'DISCRETIONARY BUT ARE TOTALLY OR MOSTLY FUNDED BY A FEDERAL OR
STATE GRANT SHOULD ALSO BE IDENTIFIED. INFORMATION SHOULD
CONTINUE TO BE PROVIDED AS TO PREVIOUS YEARS, EXPENDITURES AND
PROGRESS -FOR ON -GOING PROGRAMS, PROJECTS AND ACTIVITIES.
F -2 RELIANCE ON PROPERTY TAXES
There is a trend of increased reliance on the property tax to
support Council activities. Federal grants formerly funded about
two /thirds of the Council Budget and the local property tax about
one /third. The federal portion has now shrunk to about,20 percent
and the property tax has increased to over 60 percent.
THE COUNCIL SHOULD MAKE A THOROUGH EXAMINATION OF THE PROGRAMS
FORMERLY FUNDED BY FEDERAL GRANTS OR NON -LOCAL FUNDS TO DETERMINE
IF THEY ARE STILL NECESSARY-AND WORTHWHILE WHEN ONLY LOCAL DOLLARS
ARE INVOLVED. ADDITIONALLY THE COUNCIL SHOULD SEEK TO DIVEST
ITSELF OF SERVICES THAT IT PERFORMS FOR THIS AREA, IF SUCH
SERVICES ARE PERFORMED BY STATE AGENCIES FOR THE BALANCE OF THE
STATE, OR SEEK STATE FUNDING FOR THOSE SERVICES. SOME AREAS WHICH
NEED TO BE EXAMINED INCLUDE SOLID WASTE, HEALTH CARE, HUMAN
SERVICES PLANNING, ETC.
F -3 PROGRAM EVALUATION
The Council usually levies the maximum or close to the maximum tax
levy allowed. It is difficult for `outsiders' to determine if
internal evaluation is being performed to ascertain the
effectiveness or necessity of council programs or if they are
being continued because `they have always been done.'
THE AMM BELIEVES THAT EVERY MAJOR COUNCIL PROGRAM /PRIORITY SHOULD
MEET FOUR TESTS:
-THE ISSUE OR PROBLEM BEING ADDRESSED IS IMPORTANT TO THE WELL
BEING OF THE REGION.
- COUNCIL INTERVENTION OR ACTIVITY WILL PRODUCE A POSITIVE RESULT.
- COUNCIL EFFORT OR ACTIVITY DOES NOT DUPLICATE OR SERVE AS A
SUBSTITUTE FOR A-STATE LEVEL PROGRAM OR EFFORT OR WHAT SHOULD BE A
STATE LEVEL ACTIVITY.
- COUNCIL IS MOST APPROPRIATE AGENCY TO INTERVENE OR PERFORM
ACTIVITY.
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IV -G METROPOLITAN PARK AND OPEN SPACE FUNDING
The Legislature established the Metropolitan Parks and Open Space
System in 1974 and provided state /regional fiscal support for the
acquisition and development of the Parks System and provided a
payment in lieu of taxes to local units of government on a
decreasing basis for land removed from the tax rolls. Since the
establishment of the system, the State and the Metropolitan area
have failed to establish a permanent partnership relative to the
status of the Regional Park System.both within the region and
state. Failure to clearly define the role of regional parks has
led to long term instability relative to the acquisition and
development of regional parks and created significant funding
concerns for implementing agencies as they relate to the operation
and maintenance of those regional facilities.
G -1 OPERATION AND MAINTENANCE FUNDING
Regional parks within the Metropolitan area provide the same basic
function as state parks provide in Greater Minnesota. The State
has consistently refused to acknowledge this situation and has
never provided an adequate amount of funding for the operation and
maintenance of regional parks while covering 100 percent of the
cost of state parks in Greater Minnesota.
AMM RECOMMENDS THAT THE STATE OF MINNESOTA RECOGNIZE THE.ROLE OF
REGIONAL PARKS WITHIN THE METROPOLITAN AREA AND PROVIDE
APPROPRIATE FUNDING TO IMPLEMENTING AGENCIES TO ASSIST THEM IN THE
OPERATION AND MAINTENANCE OF THE REGIONAL PARKS AND OPEN SPACE
SYSTEM. THE STATE OF MINNESOTA SHOULD PROVIDE 40 percent OF THE
FUNDING TO OPERATE AND MAINTAIN THESE,FACILITIES.
G -2 REGIONAL BONDING FOR REGIONAL PARKS
The Legislature for the past several years has provided less than
25 percent of the funding requested for acquisition and
development by the Metropolitan Council and the MPOSC on an annual
basis. To allow for the orderly and planned development schedule
for the regional parks and open space system, the Metropolitan
Council is considering to use previously granted authority and
issue regional bonds to make up part of the shortage.
THE AMM BELIEVES THIS ACTION CREATES A DANGEROUS PRECEDENT AND
COULD TAKE THE `STATE OFF THE HOOK' IN FUTURE APPROPRIATION
CYCLES. THE AMM BELIEVES THAT THE REGIONAL PARKS ARE ESSENTIALLY
A SUBSTITUTE FOR STATE PARKS IN THE METRO AREA AND SHOULD BE
FUNDED ACCORDINGLY. IN ESSENCE, METRO AREA TAXPAYERS WILL BE
PAYING TWICE AND THIS IS NOT EQUITABLE. THE AMM URGES THE
METROPOLITAN COUNCIL TO REDOUBLE ITS - EFFORTS TO OBTAIN AN
EQUITABLE SHARE OF STATE FUNDING TO SUPPORT THE REGIONAL PARKS AND
OPEN SPACE SYSTEMS.
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IV -H WATER RESOURCE MANAGEMENT
The AMM recognizes that water is a critical resource for this
metropolitan area.and it is necessary to plan and manage this
resource to assure adequate supply, safeguard. the public health,
provide recreational opportunities and enhance economic
opportunities. Many levels of government have a vested interest
in protecting and managing water resources in an environmentally
and economically sound manner. Since many levels of government
are involved in water management, it is in the Public interest to
clearly-delineate each level's responsibil -ity to prevent
duplication, overlap, and conflicting requirements. This
delineation is particularly important to cities since they are
the level that ultimately has the most "hands on" responsibility.
The aspects of water resources. which have received the most
attention in recent years are surface water runoff, groundwater
quality,. water supply and water recharge areas (wetlands). There
is an interrelationship among all of these systems and there is
need for coordination in managing them effectively. The AMM
believes that local units of government should retain the basic
responsibility for water resources management because they are the
level closest to the problems.. However, local units need the
financial resources, tools and technical expertise to implement
this responsibility and may need to look to the state and metro
for financial support and technical assistance.
H -1 WATER SUPPLY
Some measures of water conservation need to be'considered for both
the short and long term. The AMM acknowledges that extended
periods of drought could alter the quality and quantity of this
necessary element of life. The AMM believes that most local units
of government do a good 'job of dealing with surface and
groundwater management issues and as such should retain the basic
responsibility for water supply management. They could do even a'
better job if they had a better data base. The AMM believes that
the Metropolitan Council has a legitimate interest in assuring a
good supply of clean potable water for the metropolitan area and
recommends that it develop a regional .water supply plan to provide
a framework for local water supply planning.
THE AMM SUPPORTS THE DEVELOPMENT OF A REGIONAL WATER SUPPLY PLAN
AND DATA BASE BY THE METROPOLITAN COUNCIL. THE REGIONAL PLAN AND
DATA BASE COULD BE USED AS -A GUIDE AND RESOURCE BY CITIES. CITIES
SHOULD PREPARE A WATER SUPPLY PLAN AS AN ELEMENT OF A CITY'S
COMPREHENSIVE PLAN. A LOCAL WATER SUPPLY PLAN SHOULD CONTAIN THE
FOLLOWING ELEMENTS: 1. DESCRIPTION OF EXISTING /NEW SYSTEMS; 2.
OBJECTIVES, POLICIES AND STANDARDS; 3. CONSERVATION AND
EMERGENCY WATER SUPPLY AND 6. PROBLEMS AND POSSIBLE SOLUTIONS.
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THE PLANS WOULD BE COMPLETED TWO YEARS AFTER COMPLETION OF THE
COUNCIL'S COMPREHENSIVE REGIONAL PLAN AND LOCAL PLAN CONTENT
GUIDELINES AND WOULD BE SUBMITTED TO THE COUNCIL FOR REVIEW AND
COMMENT BUT NOT APPROVAL.
THE AMM BELIEVES FUNDING FOR THE METROPOLITAN COUNCIL'S REGIONAL
PLAN COULD COME'FROM THE COUNCIL'S INTERNAL OPERATING FUNDS OR
THROUGH A DIRECT APPROPRIATION FROM A STATE SOURCE.
THE AMM BELIEVES THAT STATE AGENCIES SHOULD BE SENSITIVE TO LOCAL
AND REGIONAL WATER SUPPLY PLANS WHEN DEVELOPING, REGULATIONS THAT
WOULD DIRECTLY OR INDIRECTLY AFFECT WATER SUPPLY FOR THE
METROPOLITAN AREA.
REGULATIONS SHOULD NOT ADD TO LOCAL COSTS AND WHENEVER POSSIBLE
SHOULD REDUCE AND /OR MINIMIZE TIME CONSUMING DELAYS AND
DUPLICATIVE REVIEWS. A STUDY OF A POTENTIAL SUDDEN RELEASE OF
NOXIOUS MATERIALS INTO THE MISSISSIPPI RIVER THAT COULD NEGATIVELY
IMPACT THE WATER SUPPLY OF THOSE CITIES WHO DEPEND ON THE
MISSISSIPPI FOR WATER SUPPLY SHOULD BE CONDUCTED BY THE MOST
APPROPRIATE STATE OR METROPOLITAN AGENCY.'
H -2 SURFACE AND GROUNDWATER'WATER MANAGEMENT
The AMM supports as a given that no one has the right to pollute
either ground or surface water resources and in order to safeguard
the public health and environment, it is necessary to preserve
our water resources as critical state resources. Most Water
Management organizations (WMO) and local units of government have
done a good job of dealing with surface and groundwater management
issues and have the authority and ability to continue to do so in
a cost effective manner. These existing mechanisms should
continue to be used to the greatest extent possible to address
surface and groundwater management problems; instead of creating
a new system or a new organization, but they need the financial
resources and tools to meet this responsibility.
The AMM supports the overall thrust of current law pertaining to
surface and groundwater management issues and does not believe
that major changes to existing law are necessary for the
metropolitan area.
WHILE MAJOR CHANGE IN STATE STATUTE IS NOT NEEDED, THERE ARE SOME
CONCERNS WHICH SHOULD BE ADDRESSED:
-THE METROPOLITAN COUNCIL SHOULD COMPLETE ITS RESPONSIBILITIES AS
DEFINED IN MS 473.157 SO THAT WMO'S AND CITIES CAN FULFILL THEIR
SURFACE WATER MANAGEMENT RESPONSIBILITIES.
-THE BOARD OF WATER AND SOIL RESOURCES (BWSR) SHOULD BE EXPANDED
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TO INCLUDE SOME METROPOLITAN AREA CITY OFFICIALS.
-WMO'S AND CITIES SHOULD COMPLETE THEIR RESPONSIBILITIES FOR
SURFACE WATER MANAGEMENT PLANNING AS DEFINED IN MS 103 B. 225 -235
AS SOON AS POSSIBLE TO ADDRESS THE WATER QUALITY ISSUES PLAGUING
THE MINNESOTA, MISSISSIPPI AND ST. CROIX RIVERS.
-LOCAL UNITS OF GOVERNMENT IN OUTSTATE MINNESOTA SHOULD COMPLY
WITH THE SAME STANDARDS AND REQUIREMENTS FOR SURFACE WATER
MANAGEMENT AS THOSE IMPOSED ON LOCAL UNITS WITHIN THE METROPOLITAN
AREA.
IF ANY LEGISLATION IS CONSIDERED FOR WATER MANAGEMENT IT SHOULD BE
BASED ON THE FOLLOWING PRINCIPLES:
-THE LEGISLATURE SHOULD PROVIDE FUNDS IF IT MANDATES ANY
ADDITIONAL WATER MANAGEMENT PLANNING OR IMPLEMENTING ACTIVITIES BY
LOCAL UNITS OF GOVERNMENT. THE CSO PROGRAM SHOULD BE VIEWED AS
THE PRECEDENT FOR THE STATE HAVING A FINANCIAL INTEREST IN
PROVIDING FUNDS FOR CAPITAL PROJECTS RELATED TO STORM WATER
RUNOFF.
-LOCAL UNITS OF GOVERNMENT SHOULD RETAIN THE BASIC RESPONSIBILITY
FOR SURFACE AND GROUNDWATER MANAGEMENT AS THEY ARE THE LEVEL
CLOSEST TO THE PROBLEM.
-BWSR SHOULD REMAIN THE APPROVAL AGENCY FOR SURFACE WATER
MANAGEMENT PLANS.
H -3 WETLANDS CONSERVATION
Passage of the 1991 Wetlands Conservation Act was a step forward
in sound environmental land management and natural resources
protection. However, experience gained by administrations of the
interim program' and in the' rule drafting process, indicates a
need for additional legislative action.
THE AMM SUPPORTS THE FOLLOWING LEGISLATIVE INITIATIVES:
- REMOVAL OF THE $75 LIMITATION ON REPLACEMENT PLAN REVIEWS.
SINCE ALL PROPOSALS TO ALTER, DRAIN, OR FILL A WETLAND INVOLVE A
SUBSTANTIAL. EXPENDITURE OF LOCAL STAFF TIME, INCLUDING BUT NOT
LIMITED TO PROFESSIONAL ENGINEERS OR HYDROLOGISTS, AND LIMITATION
ON COST RECOVERY LESS THAN ACTUAL EXPENSES MEANS THAT THE GENERAL
TAXPAYER IS SUBSIDIZING THE PROPONENT OF AN ACTIVITY WHICH BY
DEFINITION IS POTENTIALLY ADVERSE TO THE ENVIRONMENT.
- CLARIFICATION THAT THE TECHNICAL REVIEW PANEL CONTEMPLATED UNDER
THE LAW IS ADVISORY TO THE LOCAL GOVERNMENT UNIT ADMINISTERING THE
ACT AND NOT THE SOLE DETERMINANT OF QUESTIONS REGARDING TYPING,
DELINEATION, PUBLIC VALUES, AND THE ADEQUACY OF REPLACEMENT PLANS.
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- FURTHER AMENDMENTS STREAMLINING THE 'GOVERNMENTAL OVERSIGHT
PROCESS SO LANDOWNERS CAN CLEARLY UNDERSTAND WHICH GOVERNMENTAL
UNIT NEEDS TO REVIEW A PROPOSAL, AND REFINEMENTS TO THE SYSTEM TO
ENSURE EXPEDITED REVIEWS OF PROPOSALS CONSISTENT WITH THE
ENVIRONMENTAL GOALS OF THE PROGRAM.
- A PROVISION FOR STATE DEFENSE AND INDEMNIFICATION OF LOCAL
GOVERNMENTS ADMINISTERING STATE LAWS FOR ANY ^TARING^ CLAIMS WHICH
PROPERTY OWNERS MIGHT ALLEGE.
H -4 REGIONAL WASTEWATER (SEWER) TREATMENT SYSTEM
A bill was introduced in the '1992 session which would have
changed the methodology for allocating the costs of the
metropolitan wastewater collection and treatment system. The
alleged intent of the bill was to slowdown and reverse the decay
and blight which has and is occurring in some of the older,
developed parts of this metropolitan area. The AMM is concerned,
with the problem but does not believe that changing the way the
metropolitan sewer system is financed has any relevance with
respect to the problems identified and opposed the before
mentioned bill. The bill as eventually passed mandated a study of
the treatment systems costs and how the cost would have been
allocated if the bill had passed. The study is being paid for by
the MWCC out of user charges. The AMM was part of a major study
effort in 1985, that resulted in the uniform cost system that is
currently in place for the metropolitan sewer system.
THE METROPOLITAN WASTEWATER COLLECTION AND TREATMENT SYSTEM HAS
BEEN A MAJOR COMPONENT OF AN INTERGRATED LOCAL- REGIONAL SYSTEM
WHICH HAS HELPED IMPROVE THE QUALITY OF THE WATER IN MANY OF THE
MAJOR WATER RESOURCES OF THIS AREA SUCH AS LAKE MINNETONKA, THE
MINNESOTA, MISSISSIPPI AND ST. CROIX RIVERS, WHITE BEAR LAKE, ETC.
IT IS IMPORTANT THAT CHANGE NOT BE MADE TO THIS REGIONAL SYSTEM
THAT COULD LEAD TO ITS BREAKUP OR TO A DIMISHMENT OF ITS
EFFECTIVENESS. SINCE ALL `USERS' BENEFIT EQUALLY THROUGHOUT THE
SYSTEM THE REGIONAL.RATES SHOULD BE UNIFORM THROUGHOUT THE SYSTEM
AND A SUB - REGIONAL SYSTEM OF ALLOCATING THE REGIONAL SYSTEM COSTS
SHOULD NOT BE REINSTITUTED.
H -5 WATER TESTING CONNECTION FEE
The States' Safe Drinking Water Act contains a per hook up fee of
$5.21 passed in Laws of Minnesota 1992, Chapter 513, Article 6,
Section 2 which is to be used to pay for water supply testing as
mandated by Federal Law. This per user fee creates an inequitable
and unfair service fee compared to testing cost for large
communities with only a few supply points that need testing. In
addition, there are many non - community and private water supply
users such as trailor courts being tested which are not paying the
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connection fee imposed by the Department of Health. This fee
should be re- examined by the legislature and the law changed so
that each community and user pays only its fair share. This may
necessitate the state to provide some financial assistance to
smaller communities with multiple supply sources.
THE AMM REQUESTS THE LEGISLATURE TO CHANGE THE WATER SUPPLY
TESTING CONNECTION FEE TO BE FAIR AND EQUITABLE AND TO REFLECT THE
ACTUAL COST OF SUPPLY TESTING WITHIN THE COMMUNITY. ALSO,
NON COMMUNITY AND PRIVATE SYSTEMS SHOULD PAY ALL OR PART OF THEIR
TESTING COST.
IV -I WASTE STREAM MANAGEMENT
The problem of managing the waste stream (for all types of waste)
is and will continue to be one of the major social
environmental problems during this decade. We are rapidly
running out of space (capacity for land disposal) in the
metropolitan. area and there are no general disposal facilities in
this state for Hazardous Waste. We are also learning that for
many materials incineration may not be a good environmental
alternative to landfill disposal.
The existing waste management system centralizes responsibility at
the state level for hazardous, waste but requires the cooperation
and support of all levels of government and the private sector.
The solid waste system for the metropolitan area is essentially a
three - tiered system: cities control and regulate collection;
counties are responsible for `siting' new landfills, developing
abatement plans, developing processing facilities* and regulating
existing landfills and the Metropolitan Council provides grants
and has regional planning and coordinating responsibilities. The
systems were intended to foster and encourage abatement, recycling
and resource recovery for as much of the waste stream as possible
and then to assure environmentally sound disposal for the
remaining waste. In spite of a great deal of cooperation and
coordination among, and between the various levels and units of
government and the private sector, some major problems appear on
the horizon.
Much has been accomplished during the -past decade in improving the
waste stream management system. Much remains to be done and any
future legislation should take into account the following
precepts.
I -1 INTEGRATED WASTE STREAM PLANNING
The disposal of solid waste is a multifaceted problem which will
require the cooperation and participation of all levels of
government and the private sector to effectively develop a solid
waste system which is cost effective and environmentally sound.
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To achieve such a system, all elements of the waste management
hierarchy (reduction, reuse, recycling, composting, incineration,
landfilling) must be utilized. In the area of packaging, the
system should make the distinction between transport packaging,
primary or necessary packaging and secondary or excess packaging.
Further, it must be realized that an effective "system" begins
before materials become "waste" and, as such, a comprehensive view
of the entire life cycle of products is needed in, order to
succeed.
-THE AMM ENDORSES THE CONCEPT THAT THE "GENERATORS" OF WASTE MUST
BEAR THE RESPONSIBILITY FOR FUNDING ITS DISPOSAL. "GENERATOR"
INCLUDES THE MANUFACTURERS OF PRODUCTS WHICH BECOME WASTE, THE
SELLERS OF PRODUCTS WHICH BECOME WASTE AND THE CONSUMER OF
PRODUCTS WHICH BECOME WASTE.
-THE AMM ENDORSES THE CONCEPT THAT SINCE GOVERNMENT IS RESPONSIBLE
FOR SOLID WASTE DISPOSAL, IT HAS A LEGITIMATE INTEREST IN BEING
INVOLVED IN OVERALL WASTE STREAM MANAGEMENT. THIS MEANS THAT
GOVERNMENT'S INTEREST BEGINS BEFORE MATERIALS BECOME "WASTE."
-THE AMM ENDORSES A WASTE MANAGEMENT HIERARCHY WHICH INCLUDES
REDUCTION, REUSE, RECYCLING, COMPOSTING, INCINERATION AND
LANDFILLING. FURTHER, A COMPREHENSIVE SYSTEM MUST INCLUDE A
MIXTURE OF ALL THESE ELEMENTS AND SHOULD NOT RELY SOLELY ON ANY
ONE ELEMENT.
-THE AMM ENCOURAGES MORE ATTENTION BE GIVEN TO THE ALTERNATIVES OF
REDUCTION, REUSE AND RECYCLING BY ALL LEVELS OF GOVERNMENT.
+THE STATE SHOULD FUND THE DEVELOPMENT AND IMPLEMENTATION OF AN
EDUCATION PROGRAM, WHICH ACTIVELY ENCOURAGES CITIZENS TO RECYCLE,
COMPOST, REUSE AND REDUCE WASTE GENERATION.
+LEGISLATION SHOULD . BE INITIATED TO REQUIRE PACKAGING TO MEET
RECYCLED CONTENT STANDARDS AND /OR RECYLABILITY, DEFINED AS
RECOVERY RATES, STANDARDS.
+ESTABLISH STATE REGULATIONS WHICH ENCOURAGES BEVERAGE AND FOOD
RETAILERS TO HAVE A DEPOSIT AND RETURN PROCESS IN PLACE FOR
REUSABLE AND RETURNABLE CONTAINERS.
+LEGISLATION SHOULD BE INITIATED TO REGULATE THE SALE,
DISTRIBUTION, AND DISPOSAL OF NON- RECYCLABLE, NON - RETURNABLE, AND
NON DEGRADABLE PACKAGING MATERIALS. FEES OR DEPOSITS ON THESE
ITEMS SHOULD BE CONSIDERED. THE CONCEPT OF ABSOLUTE RETURNABILITY
TO THE POINT OF SALE SHOULD BE INVESTIGATED AND IMPLEMENTED.
-THE AMM OPPOSES ANY LEGISLATION WHICH WOULD' LIMIT LOCAL
INITIATIVES IN WASTE STREAM MANAGEMENT UNLESS AN OVERALL STATE OR
METROPOLITAN WIDE SYSTEM IS ESTABLISHED WHICH ACCOMPLISHES THE
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SAME GOAL OR OBJECTIVE.
-THE AMM SUPPORTS COMPOSTING AS A TECHNIQUE FOR REUSE OF
YARDWASTES AND OTHER APPROPRIATE COMPONENTS OF THE SOLID WASTE
STREAM. GIVEN THE PROHIBITION ON LANDFILLING YARDWASTE, RESIDENTS
AND REFUSE HAULERS NEED TO BE IMMEDIATELY PROVIDED WITH CONVENIENT
LOCATIONS TO DEPOSIT BRUSH AND OTHER YARDWASTES FOR PROCESSING.
COUNTIES WITH ASSISTANCE FROM THE STATE OR METROPOLITAN COUNCIL
SHOULD BE RESPONSIBLE FOR LOCATING AND OPERATING COMPOSTING
FACILITIES AND MUST NOT DELEGATE THIS RESPONSIBILITY TO CITIES
WHICH DO NOT WISH TO OPERATE SUCH FACILITIES. MINOR CHANGES MAY
BE NEEDED IN THE EXISTING OVERIDE PROCESS TO ENABLE COUNTIES TO
SITE THESE TYPES OF FACILITTES.
I -2 HAZARDOUS AND DANGEROUS WASTE MANAGEMENT
The improper disposal of hazardous wastes, through landfilling or
incineration, poses a major risk of water and air pollution. Much
has been done to monitor the generation and proper disposal of
hazardous waste by business and industry, and these efforts should
continue. However, the reduction, control and proper disposal of
household hazardous wastes is a significant concern which needs to
be addressed.
(A.) HOUSEHOLD HAZARDOUS WASTE.
THE AMM SUPPORTS A STATE -WIDE PROGRAM TARGETED TO THE REDUCTION
AND PROPER MANAGEMENT OF HOUSEHOLD HAZARDOUS WASTES, INCLUDING:
- PERMANENT DROP OFF OR DISPOSAL SITES - STRATEGICALLY AND
CONVENIENTLY LOCATED THROUGHOUT THE STATE WHERE ALL TYPES OF
HOUSEHOLD HAZARDOUS WASTES CAN BE TAKEN FOR PROPER HANDLING,
PROCESSING, OR DISPOSAL.
- EDUCATIONAL AND POINT -OF -SALE INFORMATION FOR CONSUMERS NOTIFYING
THEM OF THE HAZARDOUS NATURE OF CERTAIN PRODUCTS AND THE
IMPORTANCE OF PROPER HANDLING.
- INVOLVEMENT OF THE GENERATORS (RETAILERS) IN THE MANAGEMENT
SYSTEM FOR HOUSEHOLD HAZARDOUS WASTES TO HELP ASSURE PROPER
HANDLING AND PROCESSING.
- INFORMATION TO CONSUMERS ALERTING THEM TO NON - HAZARDOUS
SUBSTITUTES FOR HAZARDOUS HOUSEHOLD PRODUCTS.
- ENCOURAGEMENT WHICH COULD INCLUDE INCENTIVES TO MANUFACTURES TO
PRODUCE LESS HAZARDOUS. PRODUCTS FOR USE IN HOUSEHOLDS. THE TOP
PRIORITY OF THE HOUSEHOLD HAZARDOUS WASTE MANAGEMENT SYSTEM IS TO
REDUCE THE AMOUNT PRODUCED.
(B.). COMMERCIAL /INDUSTRIAL HAZARDOUS.WASTE.
THE AMM SUPPORTS CONTINUED EFFORTS AT THE STATE LEVEL TO PROPERLY
MANAGE INDUSTRIAL HAZARDOUS WASTES, INCLUDING THE RE -USE, RECOVERY
AND RECYCLING OF AS MUCH HAZARDOUS WASTE AS POSSIBLE. THAT WHICH
CANNOT BE RE -USED OR REPROCESSED MUST BE DISPOSED OF IN AN
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ENVIRONMENTALLY SOUND MANNER. MANUFACTURERS SHOULD ALSO BE
ENCOURAGED TO REDUCE THE AMOUNT OF HAZARDOUS MATERIALS USED IN
THEIR MANUFACTURING PROCESSES.
(C.) DANGEROUS AND OTHER WASTES WHICH POSE AN ENVIRONMENTAL
PROBLEM.
Re: Scrapping of automobiles, with air conditioning systems,
refrigerators,'home air conditioners and building insulation
containing Ozone - Depleting Compounds.
Chlorofluorcarbons (CFC's) and Halons when discharged into the
environment deplete, the earth's protective ozone layer, allowing
increased ultra - violet radiation causing such harms as skin
cancer, cataracts, supressions of the immune systems and damage to
crops and aquatic life. CFC's in a form commonly known as Freon
are widely used in air conditioning and refrigeration systems.
Fire extinguishers are the primary source of Halons released into
the earth's atmosphere. CFC's are often a propellent used in the
manufacture of foam board insulation. CFC's are a solvent in the
manufacture of electronic equipment.
The recapturing and recycling of freon from auto air conditioning
units could eliminate approximately 20 percent of all CFC's
nationally.
AMM STRONGLY SUPPORTS LEGISLATION THAT REQUIRES RESPONSIBLE
DISPOSAL OF CFC'S (FREON) AND `HALONS. THE AIR CONDITIONING AND
REFRIGERATION SERVICE OPERATORS AND THE WASTE MANAGEMENT /DISPOSAL
INDUSTRY MUST RECAPTURE AND RECYCLE WASTE PRODUCTS. - ELIMINATING
CFC'S (FREON) AND HALON FROM THE WASTE STREAM SHOULD BE THE GOAL.
I -3 METROPOLITAN /COUNTY RESPONSIBILITIES.
As 'noted previously, the cities have the responsibility for waste
collection. including implementing and managing most recycling
type programs. The other waste stream management
responsibilities are basically split between the Metropolitan
Council and the Counties. Considerable progress has been made in
recent years in certain parts of the waste stream management
system particularly those aspects for which cities are
responsible. But several significant problems beyond 'the control
of cities are becoming evident including: the inability of the
counties to site needed waste facilities (landfills, transfer
stations, compost sites, etc.), fluctuating and /or lack of markets
for some recyclables, uneven funding among counties to run the low
tech systems, and the radical variance in disposal costs
throughout the metropolitan area. Some of these problems are
urgent and significant changes may need to be made in the waste
stream management system in the metropolitan area. Some of the
current waste stream management concerns are similar to the
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concerns which precipitated the formation of other regional
commissions.
WHILE NOT RULING OUT ADDRESSING THESE CONCERNS WITHIN THE
EXISTING INSTITUTIONAL FRAMEWORK, SERIOUS CONSIDERATION SHOULD BE
GIVEN. TO THE FORMATION OF A REGIONAL SOLID WASTE COMMISSION.
SUCH COMMISSION SHOULD INCLUDE.LOCAL ELECTED OFFICIALS. MORE
ANALYSIS AND STUDY IS NEEDED TO DETERMINE THE TOTAL LIST OF
FUNCTIONS TO BE ASSIGNED TO SUCH COMMISSION BUT MOST FUNCTIONS NOW
PERFORMED BY THE METROPOLITAN COUNCIL AND THE COUNTIES SHOULD BE
GIVEN STRONG CONSIDERATION INCLUDING THE FOLLOWING:
- OWNERSHIP (INCLUDING THE ASSUMPTION OF DEBT) OF THE CURRENT MAJOR
PUBLIC DISPOSAL AND PROCESSING FACILITIES.
- RESPONSIBILITY FOR SITING CERTAIN TYPES OF WASTE PROCESSING AND
DISPOSAL FACILITIES.
- REGULATION OF DISPOSAL CHARGES (TIPPING /FEE) TO PROVIDE MORE
FAIRNESS AND EQUITY.
- DISTRIBUTION OF FUNDS TO SUPPORT THE LOCAL RECYCLING PROGRAMS.
- DISTRIBUTION OF OTHER GRANT FUNDS NOW MANAGED BY THE
METROPOLITAN COUNCIL.
-MOST OTHER FUNCTIONS PERFORMED BY THE COUNCIL EXCEPT FOR THE
PLANNING FUNCTIONS (LONG RANGE POLICY PLANS, ETC.).
- COORDINATION OF MARKETING EFFORTS FOR,RECYCLABLES.
I -4 LOCAL SOLID WASTE MANAGEMENT RESPONSIBILITIES
Cities have certain responsibilities in helping to manage and
implement an effective solid waste management system including
recycling programs and the collection systems. The AMM believes
that to date cities, utilizing a variety of collection systems,
are ,doing a good job of managing Local Recycling and Waste
Collection.
THE RESPONSIBILITIES NOW ASSIGNED TO CITIES FOR SOLID WASTE
MANAGEMENT SHOULD REMAIN WITH THE CITIES. THE AMM BELIEVES THAT
THE SYSTEM OUGHT TO BE FLEXIBLE AND. BASED ON PERFORMANCE
STANDARDS AND /OR GOALS RATHER THAN MANDATED TECHNIQUES. TO HELP
ACHIEVE RECYCLING AND ABATEMENT GOALS, THE AMM WOULD SUPPORT THE
CREATION OF A DISPOSAL SYSTEM WHERE INCENTIVES ARE PROVIDED TO
RESIDENTS WHO REDUCE THEIR VOLUME OF WASTE THROUGH ABATEMENT,
RE -USE AND SOURCE SEPARATION ACTIVITIES.
I -5 FUNDING
The current funding system for solid waste has a number of
drawbacks: It does not encourage maximum utilization of the waste
disposal hierarchy; it often gives no incentive to individual
residents to participate.in recycling; it.does not differentiate
between generators of `clean' waste and `problem' waste; and it
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has given no assurances that the main sources of funding are
related to the entities incurring expenses.
-AMM BELIEVES THAT THE FUNDING SYSTEM SHOULD RECOGNIZE THAT ALL
METHODS OF DISPOSAL, INCLUDING RECYCLING HAVE A COST. ALSO'THE
TRUE AND FULL COST OF THE ENTIRE DISPOSAL SYSTEM SHOULD BE
RECOGNIZED.
-AMM BELIEVES THAT IN GENERAL FUNDING FOR, THE SOLID WASTE SYSTEM
SHOULD COME FROM THE GENERATORS OF SOLID. WASTE.
-AMM BELIEVES A FEE SYSTEM AT THE MANUFACTURES AND /OR RETAIL LEVEL
SHOULD BE INVESTIGATED AND THE CONCEPT OF RETURNABILITY SHOULD BE
INVESTIGATED AND EXPANDED.
-IN GENERAL, THE FUNDING SYSTEM SHOULD ENCOURAGE MAXIMUM USE OF
THE WASTE HIERARCHY. FOR EXAMPLE IT SHOULD COST MORE TO DISPOSE
OF WASTE IN LANDFILLS THAN IN RESOURCE RECOVERY FACILITIES.
-AMM SUPPORTS THE CONCEPT THAT MATERIALS WHICH CAUSE SPECIAL
PROBLEMS IN THE WASTE STREAM SHOULD BEAR THE COSTS (THROUGH THE
COST OF PURCHASING THE MATERIALS) ASSOCIATED WITH THESE PROBLEMS.
-AMM ENCOURAGES PROVIDING FINANCIAL INCENTIVES SUCH AS VARIABLE
AND DIFFERENTIAL FEES TO RESIDENTS -WHO PARTICIPATE IN RECYCLING
WHILE MAKING-IT CLEAR THAT EVEN RECYCLING HAS A COST.
-AMM BELIEVES THAT ANY FUNDING SYSTEM MUST GUARANTEE DISTRIBUTION
OF THE MONIES TO ALL ENTITIES INVOLVED IN THE SYSTEM AND RECOGNIZE
ALL COSTS. ASSOCIATED WITH THE SYSTEM. THIS MEANS A SIGNIFICANT
PORTION OF THE RAISED THROUGH THE SALES TAX SHOULD BE
DISTRIBUTED TO CITIES WHICH OPERATE RECYCLING PROGRAMS. THE AMM
ALSO BELIEVES THAT THE ENTIRE PROCEEDS OF TAX ON SOLID WASTE
SHOULD BE DEDICATED TO SOLID WASTE ACTIVITIES.
I -6 ORGANIZED COLLECTION
Organized collection serves as a viable and important method for
municipalities to achieve solid waste abatement. It is a type
of service agreement that allows cities proper regulatory power
over their solid waste collection system." It provides
municipalities the opportunity to choose the type of_solid waste
collection that would best serve their residents.
`Just Compensation' legislation-is designed to limit
municipalities regulatory power in the area of .solid waste
collection. In placing severe financial penalties on
municipalities .that undertake organized collection, `Just
Compensation' legislation infringes on municipalities right's to
establish intangible service agreements for municipal services.
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-THE AMM ENDORSES THE CONCEPT OF ORGANIZED COLLECTION AS A VIABLE
METHOD FOR MUNICIPALITIES TO ASSERT REGULATORY POWER OVER THEIR
SOLID WASTE COLLECTION SYSTEMS.
-THE AMM BELIEVES THAT ORGANIZED COLLECTION MUST. CONTINUE TO BE
AVAILABLE TO CITIES AS THEY CHOOSE A TYPE OF SOLID WASTE
COLLECTION SYSTEM THAT WOULD BEST SERVE THE NEEDS OF THEIR
RESIDENTS.
-THE AMM OPPOSES ANY LEGISLATION THAT WOULD IMPOSE COMPENSATION
PENALTIES ON MUNICIPALITIES WHO CHOOSE TO IMPLEMENT A SOLID WASTE
COLLECTION SYSTEM.
I -7 HOST CITIES AND CLEANUP RESPONSIBILITIES
While solid waste facilities are components of county and regional
solid waste management systems, they must be located in individual
cities. Because the number of facilities is. limited, the effects
of hosting these facilities is not equally shared among cities.
Most of these effects are negative - an increased likelihood and
incidence of water, soil, air, and noise pollution; and increased
amount of litter and offensive odors; a greater likelihood of
adverse impacts on values of neighboring properties; a need for
increased maintenance on public streets and highways; and
potential threats to public health and welfare in areas immediate
to and along access routes to these facilities. Longer -term
impacts may affect cities if the organizations responsible for
facility operations cease as financially viable entities.
Safeguards need to be enacted for host cities for the operations
and clean up responsibilities associated with solid waste
facilities.
The trend within the metropolitan area has been to internalize
present and future costs of solid waste management on current
generators of solid waste. These costs should include the extra
and adverse financial impacts borne by host communities. Cities
host these regional facilities because,of accidents of geography.
Liabilities for these facilities should be shared across the
region.
-THE AMM SUPPORTS THE CURRENT COMPENSATION LEVEL ALLOWED THROUGH
SURCHARGE FEES AS A MINIMUM LEVEL; THIS COMPENSATION SHOULD BE
CONTINUED OR INCREASED. THIS FORM OF COMPENSATION SHOULD BE
AVAILABLE TO ALL TYPES OF SOLID WASTE FACILITIES.
-THE AMM BELIEVES THE HOST COMMUNITIES SHOULD NOT BEAR A
FINANCIAL LIABILITY ASSOCIATED WITH SOLID WASTE FACILITIES. COSTS
INCURRED FOR MONITORING OPERATIONS AND CORRECTIVE ACTIONS SHOULD
BE BORNE BY FACILITY OPERATORS OR, IN THE ABSENCE OF SUCH
REGULATIONS, BE ASSUMED BY THE STATE OF MINNESOTA. LEGISLATION
NEEDS TO BE STRENGTHENED SO AS TO EXEMPT CITIES FROM ANY PRESENT
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AND FUTURE LIABILITY ARISING FROM OPERATIONS OF SOLID WASTE
FACILITIES. LEGISLATION .SHOULD FURTHER ESTABLISH' THAT PROCEEDS
FOR FUTURE REMEDIAL ENVIRONMENTAL ACTIONS BE IN A TRUST FUND.
-THE AMM WILL SUPPORT LEGISLATION WHICH CLEARLY ARTICULATES THAT
REMEDIAL ENVIRONMENTAL ACTIVITIES ARE THE RESPONSIBILITY ONLY ON
THE PERMITTED OPERATOR AND /OR THE STATE OF MINNESOTA.
-THE AMM BELIEVES THAT LOCAL PROPERTY TAXING AUTHORITIES SHOULD
NOT BE FORCED TO LEVY HIGHER PROPERTY TAX RATES BECAUSE SOLID
WASTE FACILITIES MAY DEPRESS PROPERTY VALUES WITHIN PARTS OF THE
TAXING JURISDICTION. OPERATORS SHOULD BE REQUIRED TO PAY
ADDITIONAL FEES COMMENSURATE WITH THE ADVERSE TAX REVENUE IMPACT
RESULTING FROM LOWER VALUES ON NEIGHBORING PROPERTIES.
-THE AMM WILL SUPPORT MEASURES WHICH REQUIRE THAT OPERATORS OF
SOLID WASTE FACILITIES GUARANTEE THE PURCHASE VALUE OF PROPERTIES
WHICH ARE INFLUENCED BY THEIR PROXIMITY TO THOSE FACILITIES.
-THE AMM WILL SUPPORT STATE AND FEDERAL LEGISLATION THAT
CLARIFIES THAT MUNICIPAL SOLID WASTE IS NOT A HAZARDOUS
SUBSTANCE, THAT ENABLES LOCAL GOVERNMENTS INVOLVED IN CLEANUPS TO
HAVE THE OPPORTUNITY TO SETTLE THEIR POTENTIAL LIABILITY QUICKLY
AND SAFELY, AND THAT EMPOWERS ONLY THE STATE AND FEDERAL
GOVERNMENTS THE ABILITY TO ASSESS LOCAL GOVERNMENTS THEIR FAIR
SHARE OF CLEANUP COSTS.
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V
TRANSPORTATION
PAGE 53 THROUGH 63
0
TRANSPORTATION
AMM TRANSPORTATION POLICY STATEMENT
The AMM believes that the recent passage of the Federal
Transportation Bill (ISTEA) provides the Metropolitan area with a
unique opportunity, to rethink Transportation, Transit and
Development Plans. It is imperative that as we prepare to move
into the next century, our transportation network become
multi- modal, offer flexibility, invest significantly in transit,
and be designed to manage traffic.
Within- the last two decades, the number of miles driven per day
has doubled. Traffic congestion is expected to increase by 35% by
the year 2000, creating nearly 200 miles of severely congested
highways. Ridership by bus, car and van pool, continues to
decline and the Regional Transit System continues to be
inadequately ;funded. There is a growing awareness that the true
cost of driving an automobile, when factoring in energy use,
pollution productivity loss due to congestion, and the resulting
cost of motor vehicle accidents, are born by the general public at
large not solely the driving public. The majority of peak hour
traffic is workers'commuting to or from work. Achieving a balance
between workers and. jobs in a geographic area can reduce the
volume of intra -area commuting and balance the directional use
of the interconnecting roads. Economic stratification and an
aging population is creating a.larger pool of transit dependent
individuals. Our current transit system is not capable of
providing adequate transit services in the entire metropolitan
area. Government cannot build its way out of congestion. Local
governmental units are facing funding shortfalls which prevent
them from adequately maintaining the current transportation
network.
AMM calls upon the Legislature, MNDOT, RTB, and the Metropolitan
Council to develop a more comprehensive transportation.program
that more closely integrates transit and highways. This
coordinated approach at the,minimum must be designed to increase
accessibility, improve air quality, and serve the transit
dependent and handicapped. The AMM supports a comprehensive
transportation policy that;
1. Incorporates traffic management.into local and regional zoning
and planning actions;
2. Encourages traffic management plans by all employers;
3'. Creates a series of incentives aimed at increasing.vehicle
occupancy levels;
4. Discourages the use of development incentives for any project
that does not contain a comprehensive traffic management
plan;
5. Studies the concept of jobs to workers balance in the
metropolitan area; and
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6. Establishes an adequate dedicated funding source for transit.
In addition, local units of government must be provided with
adequate funding or authorizing legislation that will allow them
to maintain their.current investments in the local transportation
infrastructure. The following recommended legislative proposals
are designed to meet this overall goal.
V -A STREET AND HIGHWAY GENERAL FUNDING
An efficient transportation system is a vital element in planning
for physical, economic, and social development at the state,
regional, and local levels. Funding for current roadway
maintenance reconstruction, and construction of new streets and
highways in developing areas'is a significant major element of a
competitive and safe transportation system. Due to past declining
state revenues there has been a tendency by the Legislature to
divert much needed roadway funds to state general expenditure.
This trend must be reversed, especially in light of the Federal
Intermodal Surface Transportation Efficiency Act of 1991 (ISTEA).
Funding needs to be expanded to not only keep up with inflation
and modest program growth, but to provide necessary funds for
matching 80/20 projects included in the ISTEA legislation for
quality standards will have impact on future project costs.
THE AMM URGES THE LEGISLATURE TO PROVIDE AN ADEQUATE LEVEL OF
FUNDS SO THAT NEEDED STREET AND HIGHWAY MAINTENANCE MAY BE
CONTINUED, NECESSARY NEW STREET AND HIGHWAY CONSTRUCTION MAY
OCCUR, THE MUNICIPAL STATE AID FUND LEVEL CONTINUES GROWTH, AND
REQUIREMENTS OF THE FEDERAL INTERMODAL SURFACE TRANSPORTATION
EFFICIENY ACT OF 1991 (ISTEA) CAN BE MET.
V -B METROPOLITAN TRANSIT SYSTEM GENERAL FUNDING
Because of the large economically diverse and spreadout population
of the Twin City Metropolitan Area, it is an absolute necessity to
provide an effective and efficient public mass transit service
augmented, by a variety of programs,such as Rideshare and Project
Mobility. Without a good transit system, many elderly and
handicapped persons residing, in the area primarily because of
access to unique services would be almost totally immobile. The
new Federal legislation (ISTEA) has established a modern trend by
providing over 20% of its total 5 year funding for.Transit and
allowing a shift of highway funds to transit on a project by
project basis. The Americans Disability Act and new air and noise
quality standards will impact both the way we do transit as well
as the cost. In order to obtain ISTEA funds and to continue
providing reasonable transportation opportunities, the legislature
must increase transit funding priority.
THE AMM REQUESTS THE LEGISLATURE TO CONSIDER THE.METROPOLITAN
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TRANSIT•PROGRAMS AS HIGH PRIORITY AND FUND THEM SUFFICIENTLY TO
TAKE FULL ADVANTAGE OF FEDERAL ISTEA FUNDING AS WELL AS MEET THE
DEMANDS OF ADA AND AIR AND NOISE STANDARDS. FUNDING ALTERNATIVES
SHOULD INCLUDE BUT NOT BE LIMITED TO THE STATE GENERAL FUND, MOTOR
VEHICLE EXCISE TAX OR OTHER SALES TAX, THE FARE BOX, PROPERTY
TAX, AND SERVICE EFFICIENCIES.
V -C TRANSPORTATION SERVICES FUND.
A Transportation Services Fund was created for minimal activities
And with minimal funding in 1991. The Legislature should adopt
the recommendations of the Transportation Study Board and
Minnesota Transportation Alliance which suggests using MVET to
fund statewide transit needs and related non highway construction
activities currently funded from the Users Fund. These are Dept.
of Public Safety, Tourism, River Parkway, Safety Council and
several others which are at best questionable gas tax
expenditures.
THE AMM ENDORSES THE CONCEPT OF REMOVING NON HIGHWAY CONSTRUCTION
AND MAINTENANCE ACTIVITIES FROM THE STATE TRUNK HIGHWAY FUND AND
THE EXPANSION OF. A TRANSPORTATION SERVICES FUND FOR THESE f-
ACTIVITIES. -
V -D TRANSPORTATION (HIGHWAY AND TRANSIT) FUNDING ALTERNATIVES
The need for both Highway and transit funding has been increasing
significantly in the past several years while the resources
dedicated or generally used for these purposes have either not
kept pace or been diverted for other state priorities. The new
Federal Transportation Act ( ISTEA) has shifted emphasis by
providing significant funds for Transit and also placed increased
burden on states by increasing the local match to 20 %. Transit
needs in the Metropolitan Area have become critical since in some
cases Highway expansion is physically or financially prohibitive,
.therefore capacity expansion can best be solved by transit
alternatives implementation in these cases. Funding should be
multi source with growth capability. Therefore, the AMM believes
it is time to solve the problem on a permanent basis.
THE AMM SUPPORTS A COMBINED STRATEGY OF GAS TAX INCREASES TO KEEP
PACE WITH HIGHWAY MAINTENANCE AND CONSTRUCTION NEEDS AND A
DEDICATED MVET OR OTHER TAX SOURCE FOR TRANSIT FUNDING EXPANSION.
IF THE LEGISLATURE CANNOT ASSURE STATUTORY DEDICATION OF SOME
FUNDING MECHANISM. THEN A CONSTITUTIONAL SOLUTION SHOULD BE
IMPLEMENTED.
V -E HIGHWAY AND TRANSIT.INTEGRATI,ON PLANNING
An efficient Transportation System consists of both high quality
roadway and high quality multimodal transit opportunities. These
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two elements must be considered together from early planning
through implementation in Metropolitan areas. The AMM understands
that to some degree this is done in planning and that transit is
considered somewhat when determining funding priorities for
highway construction. Although, there has been improvement it is
felt that more integration of highway and transit planning is
needed.
THE AMM URGES EXISTING AGENCIES INVOLVED IN MAJOR HIGHWAY AND
TRANSIT PLANNING AND IMPLEMENTATION TO INTEGRATE THESE ACTIVITIES
TO ENSURE AN EFFICIENT TRANSPORTATION SYSTEM. CRITERIA USED TO
DETERMINE HIGHWAY FUNDING FOR CONSTRUCTION AND EXPANSION SHOULD BE
REVIEWED AND UPDATED TO REQUIRE INCLUSION OF MULTIMODEL TRANSIT
OPPORTUNITIES AND INTEGRATED TRAFFIC MANAGEMENT SYSTEMS WHEN
APPROPRIATE.
V -F HIGHWAY JURISDICTIONAL REASSIGNMENT, TURNBACKS, AND FUNDING
Many commissions, boards, organizations, and now the legislatively
reconstituted Transportation Study Board have studied or are to
study the possibility of reclassifying many roadways in the state
as to appropriate use classifications and jurisdiction. This
reassignment in the metropolitan area is estimated to shift $6.1
million annually from the state and $1.2 million annually from the
counties to the cities for an increase of $7.3 million annually
for general maintenance and life cycle treatment (i.e. sealcoat,
overlays, etc.). Current state law provides that the state and /or
county may declassify a trunk highway and turn it back to a local
unit of government. The only provision is that it must be in good
condition. The unit receiving the highway does not have the
option to refuse title and must, thereafter, maintain the turned
back road. Although reassignments or turnbacks may be added to
the MSA system, there may not be enough maintenance funds for the
new mileage, and the receiving.city will lose the opportunity of
new MSA road designation until its mileage allocation catches up
to the turnback 'mileage. Reassignment may be appropriate, but
will have a profound effect on city finances and future ability to
maintain good road systems, especially if certain criteria are not
met and finance alternatives established. Therefore, ,the AMM
offers the following as a guide to continuing discussion and
ongoing studies.
THE AMM SUPPORTS JURISDICTIONAL REASSIGNMENT OR TURNBACK OF ROADS
ON A PHASED BASIS BASED ON FUNCTIONAL CLASSIFICATION AND OTHER
APPROPRIATE CRITERIA SUBJECT TO A CORRESPONDING MECHANISM FOR
FUNDING OF ROADWAY IMPROVEMENTS AND CONTINUING MAINTENANCE SINCE
CITIES DO. NOT CURRENTLY HAVE THE FINANCIAL CAPACITY OTHER THAN
SIGNIFICANT PROPERTY TAX INCREASE TO ABSORB THE ADDITIONAL ROADWAY
RESPONSIBILITIES WITHOUT NEW FUNDING SOURCES. THE EXISTING
MUNICIPAL TURNBACK FUND IS NOT ADEQUATE BASED ON CONTEMPLATED
TURNBACKS.
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V -G TRANSPORTATION UTILITY
Many cities are experiencing aging infrastructure, especially
streets which are in. need of replacement but because of few
funding options continue to deteriorate. Chapter 429 bonds issued
without election require a minimum of 20 percent assessment.
However, the courts require a benefit proof that the assessment
has actually increased the property value by the assessment value.
For street replacement this is nearly impossible. Strict levy
limits have prohibited full levy for the cost but further a
general--levy for full cost of street replacement might be very
unfair to non benefiting property as'well as higher valued classes
of property. A general referendum to replace streets in one aging
neighborhood would undoubtedly not pass in an entire city. The
only remaining option-is to legislatively establish a new funding
mechanism that creates fairness. The best model available is a
utility district similar to one the created for stormsewers which
allows assessment annually for shared use on a volumn basis.
THE AMM REQUESTS THE LEGISLATURE TO ESTABLISH A TRANSPORTATION
UTILITY AUTHORITY FOR CITIES TO USE FOR STREET MAINTENANCE AND
RECONSTRUCTION SIMILAR TO THE EXISTING STORM SEWER UTILITY.
V -H '3C' TRANSPORTATION PLANNING PROCESS - ROLE OF ELECTED
OFFICIALS
The transportation planning process in the Twin City Metropolitan
Area has been developed in response to a-variety of federal and
state laws and regulations. The Metropolitan Council (MC) was
formally designated by the Legislature in 1974 (1974 MRA) as the
agency responsible for the administration and coordination of said
planning process. Included within this designation -is the
responsibility for long range comprehensive transportation
planning commonly referred to as the 13C' process (continuous,
comprehensive, and cooperative). Federal law and regulations
required that principal elected officials of general purpose local
governments be part of the planning process. When the Legislature
designated the MC as the transportation planning agency for the
metropolitan area, it also mandated the establishment. of 'an
"advisory body" to assist the MC, and Metropolitan Transit
Commission (MTC), and the,Regional Transit Board, in carrying out
their responsibilities. This advisory body is the Transportation
Advisory Board (TAB) and contains 17 local elected officials among
its membership of about 30 officials. The Federal Intermodal
Surface Transportation Efficiency Act (ISTEA) of 1991 again
establishes the need for local elected officials in the 3C
planning process.
The current elected official participation and 13C' process has
worked reasonably well in this Metropolitan Area.
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THE AMM SUPPORTS THE CONTINUATION OF. THE CURRENT LOCAL ELECTED
OFFICIALS INVOLVEMENT IN THE 13C' PROCESS THROUGH THE
TRANSPORTATION ADVISORY BOARD TO MEET REQUIREMENTS OF THE FEDERAL
INTERMODAL SURFACE TRANSPORTATION ACT OF 1991.
V -I PRESERVATION OF RAILROAD RIGHT -OF -WAY
Minnesota's system of railroad grades is rapidly shifting to a
national trunk =line carrier with few branch lines as one line
after another is abandoned. Minnesota has witnessed the
abandonment of over one -half its rail system since the 1930 peak
of 9,360 miles. Two.thousand miles have been abandoned in the
past 15 years.
These railroads played an important part in our transportation
history. The abandonments now represent an equally significant
opportunity for future generations. Light rail usage, vegetation
reserves of scientific interest, transmission corridors, bicycle
and snowmobile trails, access roads to remote natural resources,
future highways, pipeline corridors are just a few roles for these
abandoned grades.
Because some of the most desirable abandonments are no longer
available to the public, vigilance is needed regarding the
remaining opportunities.
THE AMM STRONGLY URGES THE LEGISLATURE TO ENSURE THAT ALL
ABANDONED RAILROAD GRADES BE EXPEDIENTLY PRESERVED UNTIL SUCH TIME
THAT THE FUTURE PUBLIC USE CAN BE DETERMINED.
V -J CITY SPEED LIMITS
It
A bill has been introduced which would grant cities the authority
to set speed limits on city roads and streets. This policy of
local authority for free standing rural or out state cities may be
feasible but could be extremely dangerous and confusing in the
metropolitan area. The seven county metropolitan area is made up
of 140 contiguous cities and a number of townships. Because of
the compactness of cities in this area,-it is often impossible to
determine when one has crossed a boundary from one city to the
next. If one city changes its limits,. its neighbor would either
have to also change or post many additional signs on each street
crossing a boundary. This system would be costly,. extremely
confusing to individuals, and might cause,some legal problems in
case of accidents. Therefore,
THE AMM SUPPORTS SPEED LIMIT CONTROL OF CITY ROADS AND STREETS AS
CURRENTLY PROVIDED BY LAW. AND OPPOSES CHANGES TO GRANT GENERAL
SPEED LIMIT CONTROL TO INDIVIDUAL CITIES.
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V -K TRANSPORTATION INCENTIVES /DISINCENTIVES
The AMM supports the development of a comprehensive system which
will facilitate an increase in the occupancy level of cars and
enhance the use of transit within the Metropolitan area. The
state legislature is encouraged to consider exclusion from gross
income the value of commuter transportation benefits provided by
an employer and provide a tax deduction and tax credit for
employers who provide commutor transportation benefits to
employees.
AMM SUGGESTS THE DEVELOPMENT AND PASSAGE OF LEGISLATION THAT
INCLUDES A COMMUTER TRIP REDUCTION PROGRAM AND CREATES A SERIES
OF TAX INCENTIVES AND /OR IMPACT FEES THAT ENCOURAGES MULTIPLE
OCCUPANCY TRANSIT USE.
V -L REGIONAL TRANSIT SYSTEM
The purpose of a Transportation System is to provide mobility for
people and accessibility to and for economic development and
services. The most effective system will make maximum use of all
transportation alternatives and strategies where they are most
appropriate, thus, creating a truly integrated system. Exclusive
reliance on only freeways is imprudent and possibly cost
prohibitive primarily due to social and economic upheaval of
established neighborhoods for right of way acquisition. Transit
improvements are imperative, but even with implementation of
various load increasing strategies, the capacity is finite and
will reach unacceptable saturation limits within the forseeable.
future. The AMM supports more coordination and integration of
Transit and Highway planning and implementation.
THE REGIONAL TRANSIT SYSTEM SHOULD BE A COMBINATION OF INTEGRATED
TRAFFIC MANAGEMENT SYSTEMS AND BE INCLUDED IN ALL PLANNING
DOCUMENTS AT ALL LEVELS INCLUDING ENVIRONMENTAL IMPACT STATEMENT
STUDIES.
THE SYSTEM COMPONENTS SHOULD INCLUDE HOV LANES, EXPRESS BUSES, AND
THE LIGHT RAIL TRANSIT SYSTEM WHICH SHOULD BE BUILT WHEN IT IS
APPROPRIATE AND FINANCIALLY FEASIBLE IN EACH CORRIDOR OF THE AREA
TO CONNECT RESIDENTS TO JOB, RETAIL, AND COMMERCIAL CENTERS.
THE SYSTEM SHOULD ALSO INCLUDE A VARIETY OF TRANSIT MODES,
INCLUDING A TAXI SYSTEM, BUSES, PEDESTRIAN AND BICYCLE FACILITIES,
AND PARK AND RIDE FACILITIES, ADEQUATE TO CONNECT THE REGIONAL
CENTERS, MAJOR TRIP GENERATORS AND, COMMUNITIES, BOTH URBAN AND
SUBURBAN.
BUS SYSTEMS AND ESPECIALLY LRT SYSTEMS SHOULD INCLUDE AMPLE
REGIONAL PARK AND-RIDE FACILITIES FOR AUTOMOBILES, MOTORCYCLES AND
BICYCLES, WITH EASY ACCESS, CONSISTENT WITH THE PLANNING OF A
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I
REGIONAL ENTITY TO ACCOMMODATE THE NEEDS OF THE PUBLIC. FEEDER
SYSTEMS SHOULD BE A MAJOR CONSIDERATION FOR BUS PARK AND RIDE AND
LRT STATIONS. PLANS SHOULD BE CONSIDERED TO USE VAN POOLS AND
BICYCLES AS WELL AS WALKING TO FEED THE PARK AND RIDE FACILITIES
FOR EXPRESS BUSES AND LRT.
ALL TRANSIT MODES AND TRANSPORTATION SYSTEM MANAGEMENT POLICIES
SHOULD BE GIVEN EQUAL CONSIDERATION NOW AND IN THE FUTURE IN ORDER
TO PROVIDE THE BEST TRANSPORTATION SYSTEM POSSIBLE TO THE
METROPOLITAN AREA.
THE FINANCING FOR THE REGIONAL SYSTEM SHOULD BE BORNE IN
PROPORTION TO THE BENEFIT OR SERVICES RECEIVED.
V -M MSA SCREENING COMMITTEE
The Metropolitan Highway Districts 5 and 9 were combined in
1989/90 administratively to form one Metropolitan Highway District
within the MNDOT structure. By law the MSA screening committee
consists of one member from each Highway District and first class
city. Technically, the combining of Districts 5 and 9 reduces the
membership by one from the metro area. This was not intended by
MNDOT. Therefore;
THE AMM REQUESTS THAT THE STATUTES BE MODIFIED TO PRESERVE TWO
SEATS ON THE MSA SCREENING COMMITTEE FROM THE METROPOLITAN HIGHWAY
DISTRICT.
V -N METROPOLITAN TAX
N -1 REGIONAL TAX
A number of agencies have suggested the use of a special
Metropolitan Tax-for various purposes. The AMM membership has had
extensive discussion on this issue, and given the reality that a
metro tax will continue to be considered, the AMM offers the
following position:
THE AMM MEMBERSHIP FEELS THAT ANY NEW METROPOLITAN TAX SHOULD BE
RELATED TO A SPECIFIC NEED THAT CAN BE IDENTIFIED AS CRITICAL TO
THE METROPOLITAN AREA AND THAT CURRENT FINANCIAL OR TAX RESOURCES
CANNOT BE USED OW DIVERTED FROM LESSOR PRIORITY ACTIVITIES.
N -2 REGIONAL TAX PRINICIPLES
If it is shown that an activity is in critical need of funding and
that there is no current source that can be used, then certain
principles should be applied.
ANY NEW METRO GENERATED TAX OR REVENUE SOURCE SHOULD NOT BE USED
AS A REASON TO REDUCE CURRENT OR FUTURE STATE ALLOCATIONS FOR ANY
or-Ism
w
ACTIVITY OR REDIRECT METRO TARGETED STATE AGENCY FUNDS TO OTHER
REGIONS.
A NEW TAX AND ITS SOURCE, TO THE.DEGREE POSSIBLE, SHOULD BE
RELATED TO THE USE.
A NEW TAX SHOULD BE IMPOSED AS BROADLY AS POSSIBLE AND TO THE
GREATEST EXTENT POSSIBLE. ON THE USER OR LARGEST BENEFICIARY OF
THE ACTIVITY FUNDED.
THE TAX OR REVENUE SOURCE SHOULD BE STABLE.
THE FUNDS SHOULD BE DEDICATED TO THE STATED PURPOSE, NOT ACCOUNTED
FOR IN OR THROUGH THE STATE GENERAL FUND, AND SPENT ONLY ON
METROPOLITAN PROJECTS.
THE TAX OR REVENUE SOURCE CHOSEN SHOULD BE ONE THAT WILL NOT
RESTRICT LOCAL GOVERNMENT REVENUE OPTIONS OR IMPACT LOCAL
GOVERNMENT NEEDS FOR FUTURE CRITICAL ACTIVITIES.
N -3 TRANSPORTATION TAX
The AMM does feel that Transportation needs are becoming critical
in the Metropolitan Area and that LRT must be examined within the
context of the total Transportation system. A proposal has been
brought forward by the Regional Transit Board to fund LRT
AMM SUPPORTS THE CONCEPT OF A METROPOLITAN TAX FOR METROPOLITAN
TRANSPORTATION NEEDS,, INCLUDING LRT WITH THE FOLLOWING
CONSIDERATION: (1) TAXES SUCH AS THE MOTOR FUELS, MOTOR VEHICLE
EXCISE TAX, SALES TAX, AND PAYROLL TAX SHOULD BE INVESTIGATED;
AND (2) THE PROPERTY TAX AND GENERAL INCOME TAX SHOULD NOT BE
CONSIDERED.
V -O AIRPORT POLICY
In 1987, the Minnesota State Legislature adopted the "Dual- Track"
strategy for airport planning. One track focuses on a new airport
option;,the other on improvements at. the existing airport. The
choice will be made when economic, operational, environmental and
cost benefits studies are completed by 1996. The Metropolitan
Council has identified' a search area in Northern Dakota County
within which a major airport could be located. Meanwhile,. the
Metropolitan Airport Commission must develop a long range plan
to ensure capacity at the Minneapolis St. Paul International
Airport. By the end of 1995, the Metropolitan Airports Commission
must also identify a specific airport site within the :search area
identified by the Metropolitan Council. In 1996, both the
Metropolitan Council and the Metropolitan Airports Commission must
prepare recommendations on major airport long -term development for
consideration by the Minnesota State Legislature.
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THE AMM RECOMMENDS AND SUPPORTS THE CONTINUATION OF THE DUAL TRACK
PROCESS TO ASSURE THAT ALL OPTIONS ARE PROPERLY REVIEWED, AS
AIRPORT ISSUES ARE BEING CONSIDERED. THE AMM ENCOURAGES THE
METROPOLITAN COUNCIL AND THE METROPOLITAN AIRPORTS COMMISSION,
WHETHER CONSIDERING A NEW SITE OR IMPROVEMENTS TO THE EXISTING
SITE, TO THOROUGHLY STUDY THE SOCIETAL AND ECONOMIC IMPACTS OF
BOTH SITES IN THE FOLLOWING AREAS: ENVIRONMENT, SOCIAL, SITE
AREA, GENERAL LAND USE AND COST. THE AMM ALSO ENCOURAGES THE
METROPOLITAN COUNCIL AND THE METROPOLITAN AIRPORTS COMMISSION TO
CONSIDER THE INFRASTRUCTURE COSTS AT BOTH SITES AS WELL AS THE
COST - BENEFITS RATIO OF ALL CLASSIFICATIONS OF PROPERTY FOR THE
AREAS SURROUNDING BOTH SITES , AS STUDIES ARE COMPLETED ON
POSSIBLE EXPANSION OF THE EXISTING MINNEAPOLIS -ST.' PAUL AIRPORT
AND /OR RELOCATION OF THE AIRPORT TO A NEW SITE.
V -P BIKEWAY GRANTS PROGRAM
Increased support needs to be
modal transportation programs.
automobile must be lessened.
provided for innovative and inter
Dependency on the single occupant
All Minnesota governments should
continue to encourage increased energy conservation, travel- demand
management, ride -share programs, bicycle facilities, alternative
fuels, and research and education for such options.
The attractiveness of bicycle transportation is maximized in urban
areas. Traffic calming projects have been shown to reduce the
severity and number of accidents, reduce air and noise pollution
and improve urban streets for non- motorized users. With the
increased awareness of health and fitness, the environmental
benefits and cost effectiveness of bicycling, more and more
Minnesotans are demanding safe and convenient bicycle facilities.
Local governments have expressed interest in enhancing bicycle
safety by planning for and adding off road trails, paved shoulders
and bicycle storage facilities and safety programs in their
communities.
The National Intermodal Surface Transportation Efficiency Act of
1991 (ISTEA) states that improvements necessary to accommodate
other transportation modes are eligible uses of both National
Highway system and Surface Transportation Program funds. ISTEA
also requires each state to set aside 10 percent of its surface
transportation program funds for safety construction activities,
(ie, hazard elimination and rail- highway crossings) and 10 percent
for transportation 'enhancements which encompass a broad range of
environmentally - related activities.
IN KEEPING WITH THE NATIONAL RECOGNITION OF THE NEED TO DECREASE
DEPENDANCE ON SINGLE OCCUPANCY AUTOMOBILES, THE LEGISLATURE SHOULD
RESTORE FUNDING FOR THE BIKEWAY GRANTS PROGRAM. THE MINNESOTA
COMPREHENSIVE BICYCLE PLAN RECOMMENDS THAT "A GRANT PROGRAM BE
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ESTABLISHED AND IMPLEMENTED TO DEVELOP BICYCLE
URBAN AREAS. °BICYCLE FRIENDLY ZONES WOULD
LIMITED TO CONSTRUCTION OF BOTH ON AND
FACILITIES, PUBLIC EDUCATION, PROMOTION AND
FACILITIES COULD VARY FROM STRIPPED PAVED SHO1
BICYCLE LANES.
V -Q OPTOUT
FRIENDLY ZONES IN
INCLUDE BUT,NOT BE
OFF ROAD BICYCLE
MONITORING. ON ROAD
JLDERS TO DESIGNATED
In 1981, the Minnesota Legislature established the Transit Service
Demonstration Program under Statute 174.265 (which was repealed in
1984 -as -a demonstration program). Opt -out transit systems operate
under Statute 473.388 under which they qualify for transit funds
equivalent to 90 percent of the property taxes levied for transit
in their communities. The legislature recognized that little of
the transit monies collected from the suburbs were actually
providing those areas with transit services. With changing
demographics caused by suburban growth, not only was transit
needed, but suburban legislative support was becoming more and
more critical for continued transit funding. Opt -out was designed
to fill this void by allowing suburbs at the end of efficient
transit services in their areas. The Regional Transit Board (RTB)
is responsible for overseeing the opt -out program. The opt -out
program includes five transit systems serving 12 metro -area
communities.
Some issues of regional significance have been identified as areas
of concern by the opt -out systems. The regional fare structure
should be reviewed annually -so that it is realistic. The opt -out
systems should have the flexibility of diverging from the.
metropolitan fare structure, particularly if their services offer
features not typically found in regular route or para transit
systems. The RTB should encourage the concept of "opt -in"
whereby communities otherwise ineligible for opt out may have a
greater say in the type of transit service they receive from the
MTC instead of "taking what they get." Such a program would
foster the involvement of other municipalities which will benefit
the Regional Transit System through services better matched to
community needs and increased ridership.
THE AMM URGES THE LEGISLATURE TO DIRECT THE RTB TO ANNUALLY REVIEW
THE REGIONAL FARE STRUCTURE AND PROVIDE GREATER FLEXIBILITY TO SET
FARES COMMENSURATE WITH SERVICE LEVELS, AND ENCOURAGE THE CONCEPT
OF "OPT -IN" PROVIDING GREATER MUNICIPAL INVOLVEMENT IN TRANSIT
SERVICES.
-63-
VI
ENDORSEMENT POLICIES
PAGE 64 THROUGH 74
VI -A TAXATION HEARING AND NOTIFICATION LAW
The League supports the improvements which have been made to the
taxation hearing law, which is incorrectly referred to as "truth
in taxation." The title should be changed. "Truth in taxation" is
a misleading title for these hearing requirements. The process
should be renamed the "taxation hearing and notification law."
The League'believes that the state government should set an
example and be required to follow similar requirements for public
hearings and notification processes on'tax and budget issues.
The League urges the Legislature to make the following changes:
A. Local governments should be allowed to amend the levy that
they preliminarily propose' to the county auditor on September 15..
Many cities will have a difficult time realistically assessing
their budget needs to be able to certify a proposed levy and
budget by September 15 -- far in advance of the beginning of the
next budget year.
This early date, combined with the restriction that prevents the
city's final levy from exceeding its preliminary estimate, works
against responsible budgeting and forces cities to overestimate
their budget needs in order to avoid potential revenue shortfalls;
B. As a state mandate, the costs of this requirement should be
fully funded by the state. The appropriation made for the process
for Pay 1991 taxes has not been renewed. Local governments must
now find additional funds to finance. this state - mandated process
from their tight or shrinking local budgets;
C. The League commends the Legislature for. its. 1992 action to
reduce the size requirement for newspaper .advertising and
eliminating unnecessary data from the advertisement. The
Legislature should consider eliminating the newspaper
advertisement requirement. Notices are sent to each property
owner and the notice required to be posted in each apartment
building effectively notifies citizens of the hearings and
proposed levies. The costs of publishing advertisements consumes
tax dollars which could be better spent,on city services for
taxpayers;
D. The requirement for parcel- specific notices should continue to
be required. Every effort should be made by the Legislature and
the Department of Revenue to ensure that the notice accurately
estimate proposed property taxes; and
E. The title of the requirement should be changed to the
"taxation hearing and notification law." The current title infers
that there was and would be a lack of accuracy and accountability
without this process. In addition, the calculations used in the
process are frequently misleading and confusing, and challenge the
"truthfulness" and accuracy of the information provided.
-64-
VI -B STATE ADMINISTRATIVE COSTS
The League opposes the policy of deducting state agency
administrative' costs from funds which are appropriated for
property tax relief. If the state continues this inappropriate
policy, the costs should be more equitably borne by the full local
government trust fund, rather than only from funding for local
government 'aid.
The League believes that all state government expenses should be
subject to the standard appropriation review process and be funded
directly by specific state appropriation, not by blanket
deductions from property tax relief programs and from state
grants. Where a state agency is required to recover costs through
a state charge -back for services to local units, the state should
be required to hold administrative.hearings _ to justify the charges
on the basis of the services provided to the individual local
units of government.
City local government aid (LGA) provides financing for
administrative costs for: the Office of the State Auditor, the
Department of Administration (IISAC), the State Demographer, and
the Department of Employee Relations. For 1993 LGA, $487,549 was
deducted for these state agencies.
In addition, LGA funds, distributed primarily to cities, have been
used to finance.operations by the state auditor and. Department of
Administration which are not caused by cities alone.
VI -C REFERENDUM LEVIES
The League supports repeal of requirement that referendum levies,
unlike general property tax levies, apply to property market
value. In. addition, it is inaccurate for referendum ballot to
state that "By voting YES on this ballot question, you are voting
for a property tax increase." The League urges the Legislature to
repeal a flawed policy which requires city referendum levies to be
applied to market values, rather than tax capacity.
The state has deliberately designed a system of property classes
based on property use, which creates varying tax burdens. The
method by which a property tax is adopted should not .influence
this class rate system. This'law makes an inappropriate
distinction between capital expenditures and. operating
expenditures only for' city governments. Both spending 'items are
components of total city spending and should impact taxpayers
comparably. If the Legislature wants to adjust tax burdens,
changes should be made in the classification system, rather than
through the tax base.
-65-
In addition, the simple statement that taxes will rise as a result
of a referendum levy may well be false. In cases where the city
has reduced their general levy or previous debt is retired, a
city's property tax levy will actually decline when compared to
the previous year.
VI -D COMPARABLE WORTH
The League supports efforts to eliminate any sex -based differences
in compensation of public employees but asks the legislature to
revise the pay equity statute to allow local governments
sufficient time to comply with newly proposed (adopted)
administrative rules regarding compliance determinations.
Additionally, the League urges the legislature to amend the
statute to. limit the laws applicability to only full -time
employees and to clarify that separately established
governmental entities must file separate compliance reports. To
be considered separately established, the governmental entities
may have separate personnel systems, separate facilities, separate
bookkeeping and payroll systems, and no interrelationships other
than budget approval and /or financial assistance. In addition,
these existing governmental entities must be separately
established prior to 1984.
The local government pay equity act, first adopted in 1984, has
been frequently amended by the legislature. Significant
amendments were adopted in 1990, and in 1991 the legislature
authorized the Department of Employee Relations to promulgate
rules .to assist the Department in determining local government
compliance with the statute.
These rules, which include several new tests, necessitate many
changes to local government compliance efforts, will take effect
almost- a full year after cities and other public employers were
required by the statute to submit compliance reports. Cities must
be granted additional time to comply with these new standards
prior to facing imposition of state sanctions which include 5%
reductions in financial assistance. and $100 per day penalties.
Though the rules and the current statute contemplate an automatic
extension, the League supports legislative action to delay the
implementation deadline to December 1994.
At the very least, the legislature should act to delay imposition
of new statistical tests of health insurance contributions, salary
range differences, and exceptional service pay programs until
December 1994.
The rules address other significant issues not previously. dealt
with by the legislation, including the definitions of employees
and employers covered by the Act.
�_
For the definition of employees, the rules propose using the same
definition as in the Public Employees Labor Relations Act (PELRA).
Use of this definition causes two significant problems. First,
because local governments use a great number of part -time and
seasonal employees in order to effectively and efficiently provide
important services, many more jobs will have to be included in
compensation systems than is the current practice. This will
require much more administrative work in establishing job
descriptions and ranking jobs which by their very nature are often
impossible accurately describe or value. - Second, because
benefits, including health insurance programs, are often limited
to full -time employees, cities run the risk of being found out of
compliance with the pay equity act not because of gender based
discrimination, but rather because of valid distinctions between
full -time and part -time employment. The-League proposes adopting
a definition of employee which would not include any employee
working _less than twenty hours per week on average or which is
employed in a position which is filled less than six months in any
year.
For the definition of employers covered by the Act, the problem is
slightly different. The law clearly requires all cities and other
political subdivisions of the state to comply. The problem is
determining who is the employing agency for a particular group of
employees. Historically, employees of certain enterprises such as
public utilities, hospitals, nursing homes, and libraries have
been considered as separate and distinct from employees of the
city'. Often,, the only connection is that the city council acts
somewhat pro forma to ratify the annual budget proposed by the
separate entity prior to certification of the -tax levy.
Unfortunately, it is this feature of formal budget adoption on
which the rules focus, regardless of separate, payroll systems,
personnel rules, salary and benefit systems, etc. The League
supports statutory clarification that other aspects of the
government structure be considered when making a determination of
which governing body is the employer of a group of employees.
Finally, because the tests, proposed for initial compliance
determinations do not take into account factors which the statute
specifies as justifying compensation difference, it is improper
for public statements of noncompliance to be released by the
Department of Employee Relations prior to final compliance
determinations. The statute should be amended to allow local
governments to present all information justifying departures from
the mathematically prescribed standard prior to public statements
from a state agency that- a jurisdiction is "not in compliance"
with the law.
VI -E LIQUOR ISSUES (C)
The League opposes the establishment of one class of beer and the
-67-
off -sale of wine in other than liquor stores.
The establishment of one class of beer in Minnesota would cause
substantial problems in controlling the sale of beer in filling
stations, grocery store's, drug stores, and elsewhere where 3.2
beer is sold. Also, with regard to a proposal for only one class
of beer in Minnesota, current 3.2 on -sale establishments could be
selling strong beer without the supervision and controls imposed
upon on -sale liquor establishments and municipal liquor stores, or
would be forced to meet most if not all the restrictions on
intoxicating liquor establishments.
Cities should be fully authorized to establish hours of sale.and
be expressly authorized to establish differing license fees for
establishments having different hours of operation.
VI -F MINNESOTA PUBLIC EMPLOYMENT LABOR RELATIONS ACT ( PELRA)'
1. The League supports legislation which modifies the existing
interest arbitration process to require arbitrators to give
primary consideration to internal equity comparisons and the
impact that any arbitration award might have on the personnel
compensation systems of the city involved in the arbitration.
Further, the League opposes considering any additional employee
groups as essential employees.
City and other governmental experience with the arbitration
process has shown that arbitrated awards generally exceed
negotiated settlements. Unlike the state, local governments do
not have the authority to reject these arbitrated awards. The
legislature should re- examine binding arbitration as a means of
determining pay and benefit issues. The goal of any modification
to the process should be to ensure that arbitrations do not
interfere with other state programs such as pay equity. There
should not be any additional employee groups placed in the
category of "essential employees."
2. The League recommends that the Legislature reinstate the
previous definition of employees covered by PELRA to people
employed for more than 100 working days in a.calendar year.
The 1983 Legislature reduced the time period that part -time
employees must be employed before.they are considered employees
covered by PELRA. This has resulted in higher wages for some
part -time employees, and more significantly, has resulted in
cities hiring fewer part -time employees. 1991 ,legislative action
in this area has caused further confusion, which may also result
in,a lessening of job opportunities, particularly for students and
the disadvantaged. Additionally, many employees who view their
work as temporary or transitory in nature, have been asked to pay
their fair share of union dues, even though they receive no
-68-
1°
benefit from union membership: Recent legislative interest in
cost - saving, initiatives at the local level could be substantially
promoted by a statutory amendment to enable local governments to
effectively utilize seasonal employees.
VI -G MSA MILEAGE LIMIT
1. In order to more adequately represent the current eligible
miles of city streets, the League supports raising the municipal
state aid system (MSAS) limit to 3,000 miles. This would be an
administrative change and would not affect the actual distribution
of M.S.A. funding. .
Existing law limits the system to 2,500 miles; total mileage
currently in the system is approximately 2,30 0. This mileage
increase for the system is necessary to accommodate cities
reaching the eligible'5,000 population threshold and mileage being
added by currently eligible cities.
2. The population factor of the municipal state aid system should
be changed to reflect annual population updates based on estimates
from the state demographer or Metropolitan Council, rather than
reliance on federal or special census counts.
3. In spite of the consolidation of the two metropolitan state
construction districts, 5 and 9, in 1989 -90, the League supports
legislation which continues the previous metropolitan membership
on MnDOT committees to ensure that adequate statewide
representation continues.
By law the MSA Screening Committee consists of one member from
each highway district and from each first class city. The
unintended effect of combining the metropolitan districts reduces
metropolitan representation on this body.
4. Modify the existing system for municipal comment on fund
apportionment and design standards on county state aid roads.
Representatives from• cities, counties, and the Department of
Transportation Office of State Aid should review and make
recommendations for a mechanism to- mediate municipal approval of
these county projects.
IV -H ECONOMIC DEVELOPMENT AUTHORITIES (DS-
The League supports legislation which would provide city economic
development authorities with the same power and authority as those
given for port authorities.
The League believes that it is unfair and unreasonable to grant
greater authority and power to.some cities in the economic
development field and requests the following changes:
1. Authorize all cities to designate economic development areas
anywhere within their jurisdiction, or in joint powers agreements
with other cities to designate area development authorities.
Present law seriously restricts the use of these authorities by
requiring that 'economic development areas be contiguous and, meet
the tax increment finance (TIF) redevelopment /blighted area test;
2. authorize debt to be issued for projects activities within
economic development districts without a referendum; and
3 - authorize the economic development authority to - build
buildings or structures on land owned by the authority.
VI -I MUNICIPAL SERVICE DISTRICTS (B)
The League supports legislation allowing cities to create
municipal service districts. Cities should have authority to
finance the types of improvements listed in Minn. Stat. 429.021
(relating to the construction, replacement, and maintenance of
such things as streets, sidewalks, gutters, storm and sanitary
sewers, waterworks systems, street lights and public lights, and
public malls, parks, or courtyards) without having to, obtain
specific authorizing legislation. Current law already includes
the necessary safeguards to ensure the local participation and
support of affected taxpayers. Both service charges and ad
valorem property taxes should be available to finance services or
capital improvements in the district.
Court decisions concerning. special assessments have made it even
more difficult for cities to use special assessments to finance
public services and improvements. The Minnesota Supreme Court has
interpreted the Minnesota Constitution to require not only that a
special assessment project "specially benefit" affected parcels or
property, but also that the city be able to prove that the market
value of a property will increase in direct relations to the
amount of the special assessment applied to that - property.
This interpretation has made it more difficult to assess all (or
even part) of a capital improvement project to repair or replace,
as opposed to newly built improvements..
In addition, cities abilities to finance annual operating and
maintenance costs of some service to property through the use of
special service charges is unclear under current law.
The only current financing alternative to special assessments or
services charges, the general property tax, is not appropriate to
finance some capital or operating expenses.
-70-
•
IV -J HOME INVESTMENT PARTNERSHIP
The League strongly supports full funding of the'HOME Investment '
Partnership program to provide housing block grants to cities and y
states to develop and rehabilitate affordable housing units.
In order to provide sufficient federal housing assistance in
future years, Congress should provide at least $2 billion for HOME
per year.
City officials are eager to take advantage of increased
flexibility to address local needs through this program. It is
also equally important for Congress to identify new revenues for
this program and maintain funding for on- going.federal
housing assistance and community development programs,
particularly for Community Block Grants and public housing
operating assistance and modernization.
Congress needs to address city concerns regarding local-match
provisions. The League supports a relaxation of those
requirements. Efforts should be made to provide greater
flexibility for providing the local match. Congress should also
allow local tax - exempt financing. to be used to meet such
requirements.
A 20 percent uniform match is acceptable to cities if 'full value
of public debt contributed to a HOME project is recognized.
It is necessary for the program to allow for a waiver of such
match requirements for cities experiencing fiscal distress.
Cities must also be assured that at least 10 percent of .HOME
allocations may be used to cover administrative costs.
It is important to maintain at least a'$2 billion level of funding
for the program in order to provide more cities with direct
assistance. Reducing the threshold allocation needed for
additional cities to qualify for direct funding would make such
assistance available to cities that. currently receive direct
CDBG entitlements.
The set -aside for community housing development organizations
(CHDOS) must be funded to make it possible for.new CHDOs to
receive capacity building and technical assistance.
It is also important that low income housing tax credit rent and
income targeting rules apply to projects in which HOME funds and
tax benefits are combined to finance costs.
Cities also experience difficulty trying to use HOME for rental
• -71-
.
rehabilitation. HOME funds cannot be used for costs of improving
housing not occupied by low income households. In addition, HOME
can only cover limited costs of rehabilitating common areas of
such buildings (those include the heating, air conditioning, and
ventilation systems as well as electricity and plumbing). The
amount covered is restricted to no more than a percentage of the
total cost based on the proportion.of units in the building which
are occupied by low income tenants.
Cities also object to requirements to guarantee that rents will
remain affordable in order to obtain HOME funds to rehabilitate
deteriorating rental properties. Officials object to federal
mandates that require cities to maintain rent affordability
during a•5 -15 year period if HOME funds are used. It should be
sufficient to require developers or property owners to provide
such assurances.
VI -K PORTABILITY OF,SECTION 8 HOUSING CERTIFICATES AND VOUCHERS
The League urges congress to modify Section 8 tenant assistance
requirements to relieve problems caused by the demands placed on
the availability of Section 8 units at the local level as well as
on the.capacity of local PHAs to meet the needs of families with
Section 8 certificates who have moved from another city and must
be serviced in their new location.
The League recommends the following changes in federal rules to
ease difficulties for housing agencies adversely affected by loss
of income and tenant assistance as a result of portability:
* require that certificates and vouchers be used in the jurisdiction
in which they have been issued for a minimum 12 -month period;
* compensate agencies experiencing losses because of housing
adjustment payments (HAP) to agencies in other cities for the
added administrative and financial charges incurred;
* make federal funding available to assist smaller local HRAs
(outside MSMAs) to deal with additional record- keeping and
accounting required as a result of experience with portability;
* examine the feasibility of setting limits on the number of
portable certificates that will be available from the originating
PHA or make it possible for agencies to adopt a more flexible
method of adjusting for the .loss of Section 8 units.
City officials recognize that mobility of low income persons
seeking rental housing necessitates portability of Section 8
assistance,_ but the impact on communities and neighborhoods must
also. be addressed. Officials are duly alarmed 'by indications
that Section 8 units may become concentrated in certain
localities, which, in turn, contributes to a loss of a mix of
housing and income diversity.
-72-
VI -L REMOVAL OF REGULATORY BARRIERS
The League opposes recommendations by the HUD Advisory.Commission
on Regulatory Barriers to Affordable Housing to withhold federal
housing assistance from cities which do not ease local housing
code and zoning requirements.
City officials are alarmed by recommendations that would pre -empt
local housing and zoning ordinances and regulations. Congress
should not authorize the Department of Housing and Urban
Development to enforce standards that .would impel cities to take
such actions under the threat of the loss of federal housing
assistance.
City officials favor permanent authorization and extension of
expiring federal tax provisions including mortgage revenue bonds
(MRBs) and low- income housing tax credit to finance affordable
housing.
Regulatory reform will not supply sufficient units of affordable
housing if.federal funds for low income subsidized housing are not
available. HUD has no direct experience in the review of local
building code and zoning requirements. Granting such review
authority to federal officials would-be an unacceptable intrusion
into the authority of local government to adopt land -use and
community development .policies to assure neighborhood stability
and orderly growth of residential areas.
VI -M SITING OF GROUP HOME RESIDENTIAL FACILITIES
The League urges Congress to modify the Fair Housing Act to permit
cities, to exercise reasonable dispersal and spacing requirements
residential care facilities that serve persons with disabilities
to prevent over - concentration and to provide the benefit of normal
residential surroundings to persons with mental illness, the
homeless, battered women and children as well as for those with
developmental disabilities.,
Cities must be' authorized to establish appropriate dispersal and
spacing requirements while protecting the rights of the disabled
to assure that they are not denied access to housing in
residential zones. It is also clear that those who license and
purchase services from residential providers must exercise
responsibility to make available to disabled citizens the
benefits of normal residential surroundings. Access must not be
denied through improper.application of local zoning codes.
Cities must be clearly authorized to exercise such local controls
to prevent over - concentration of such residences within
neighborhoods and to enhance the opportunity for disabled
residents to receive needed health and social services as well as
-73-
a
j
access to public transportation, education and recreation to help
sustain a quality of life for them and for the community in which
such facilities are located.
The efforts of, advocates for the disabled to mainstream persons
;► requiring special care is of direct interest to cities. Such
persons must not be forced to reside in areas that threaten to
become defacto institutional zones. This not only defeats the
purpose of fair housing legislation designed,to scatter such uses
in a variety of settings, but also pits social service providers
against neighborhood residents who become fearful and resentful
about the- influx of such facilities into the local area.
-74-
AGENDA ITEM VIII.B.
30ARDOF DIRECTORS
PRESIDENT as ociation of
Karen Anderson metropolitan
?viinnetonka municipalities
p
'DICE PRESIDENT October 9, 1992
;:avid Childs
?•!ew Brighton
TO: AMM Member City Managers /Administrators
PAST PRESIDENT
Bob Long RE: Technical Advisory Committee (TAC) Nominations
St. Paul Wanted
DIRECTORS
Don Ashworth The TAC is a very important metropolitan level
Chanhassen trnn5portn.ti.on oriented advisory body which provides
technical advice and input to the Transportation Advisory
11
Barnhart Board (TAB) . The TAB, as you may know, provides advice to
Minneapolis the Metropolitan Council, MnDOT and RTB on all major
:'JilliamBurns transportation transit type issues.
ridley
The AMM has eight suburban city staff appointees to the
Joan Campbell TAC and to be eligible for appointment, the staff officials
;.linneapoiis must be at the Department Head Level. i.e. City Engineer,
Tr'mEgan Director of Planning, Director of Community Development,
etc.
Richard Enrooth The role of TAC and TAB will be significantly enhanced
St. Anthony under the provisions of the new federal level Intermodal
Jerry Link@ Surface Transportation Efficiency Act (ISTEA) of 1991. The
Mounds View TAC meets monthly in the Metropolitan Council Offices. The
persons appointed by the AMM Board will serve two-year
!<ennethMahleJr.
': ° /oodbury terms starting in January of 1993.
=etty McCollum THE ARM BOARD IS SOLICITING NOMINATIONS VIA THIS BULLETIN.
North St. Paul PLEASE FORWARD YOUR WRITTEN NOMINATIONS TO MY ATTENTION AT
THE AMM OFFICE BY NO LATER THAN TUESDAY, OCTOBER 20. SOME
Frank INCUMBENT MEMBERS WILL BE REAPPOINTED BUT SEVERAL NEW
St L Paul ME20'E S WILL ALSO RE APPOTNT —En AND NOMINATIONS ARE NEEDED
Barbara Peterson FROM ALL PARTS OF THE SEVEN - COUNTY AREA.
Orono
Please call me should you have questions (490- 3301).
Jim Prosser
Richfield
Thank you.
Craig Rapp
Brooklyn Park
Sincerely,
Tom Spies
Bloomincton
Brenda Thomas
Vern Peterson, Executive Director
Roseville
cc: Member
Mayors
a white
r-nor Lake
EXECUTIVE DIRECTOR
Vern Peterson 34901exington avenue north, st. paul, minnesota 55126 (612) 490 -3301
V e1 v
• , ~�Ra1nM�'Oj
REEORTIREOOMMENDATiON
To: Mayor & Council Members
From: Ken Rosland
Date: October 19, 1992
Subject:
CHANGE OF DATE
JOINT SCHOOL BOARD /COUNCIL MEETING
Recommendation:
Agenda Item # VTTT.c.
Consent ❑
Information Only ❑
Mgr. Recommends ❑ To HRA
FT To Council
Action EE Motion
❑ Resolution
❑ Ordinance
❑ Discussion
That the Monday, October 26th, date for the joint School Board /Council Meeting
be changed to one of the following dates suggested by the School Board:
1) Monday, November 23rd
2) Monday, December 14th
Info /Background:
The October 26th date was a conflict for at least two School Board Members.
They are hopeful that the meeting can be rescheduled for one of the two dates
listed above.
PLEASE BRING YOUR CALENDARS TO THE MEETING TO RESCHEDULE THIS JOINT EVENT.
Whatever date you choose, the meeting will be held at 5:00 PM in the conference
room of the District Office at the Community Center.
COUNCIL
CHECK REGISTER WED, OCT 14, 1992, 10:29 PM
COUNCII, DATE
10/19/92
page 1
CHECK#
DATE
CHECK AMOUNT
VENDOR
DESCRIPTION
INVOICE
PROGRAM
OBJECT
P.O. #
------------------------------------------------=-----------------------------------------------------------------------------------
130835
10/19/92
$167.50
AAA
LICENSES & PERMITS
093092
EQUIPMENT OPER
LIC & PERMITS
10/19/92
$5,096.59
AAA
LICENSES & PERMITS
101292
EQUIPMENT OPER
LIC & PERMITS
< *>
$5,264.09*
130836
10/19/92
$379.41
AAGARD
RUBBISH REMOVAL
OCTOBER
GENERAL MAINT
RUBBISH
REMOV
10/19/92
$107.54
AAGARD
RUBBISH REMOVAL
OCTOBER
FIRE DEPT. GEN
RUBBISH
REMOV
10/19/92
$134.42
AAGARD
RUBBISH REMOVAL
OCTOBER
CITY HALL GENE
RUBBISH
REMOV
10/19/92
$379.40
AAGARD
RUBBISH REMOVAL
OCTOBER
PW BUILDING
RUBBISH
REMOV
10/19/92
$107.54
AAGARD
RUBBISH REMOVAL
OCTOBER
LITTER REMOVAL
RUBBISH
REMOV
10/19/92
$430.15
AAGARD
RUBBISH REMOVAL
OCTOBER
LITTER REMOVAL
RUBBISH
REMOV
10/19/92
$53.77
AAGARD
RUBBISH REMOVAL
OCTOBER
ART CENTER BLD
RUBBISH
REMOV
10/19/92
$645.23
AAGARD
RUBBISH REMOVAL
OCTOBER
CLUB HOUSE
RUBBISH
REMOV
10/19/92
$144.29
AAGARD
RUBBISH REMOVAL
OCTOBER
MAINT OF COURS
RUBBISH
REMOV
10/19/92
$322.62
AAGARD
RUBBISH REMOVAL
OCTOBER
ARENA BLDG /GRO
RUBBISH
REMOV
10/19/92
$425.87
AAGARD
RUBBISH REMOVAL
OCTOBER
BUILDING & GRO
RUBBISH
REMOV
10/19/92
$36.75
AAGARD
RUBBISH REMOVAL
OCTOBER
50TH ST OCCUPA
RUBBISH
REMOV
10/19/92
$124.12
AAGARD
RUBBISH REMOVAL
OCTOBER
YORK OCCUPANCY
RUBBISH
REMOV
10/19/92
$159.22
AAGARD
RUBBISH REMOVAL
OCTOBER
VERNON OCCUPAN
RUBBISH
REMOV
10/19/92
$26.88
AAGARD
RUBBISH REMOVAL
OCTOBER
GUN RANGE
RUBBISH
REMOV
< *>
$3,477.21*
130837
t
10/19/92
$50.00
ABBOTT, GLADYS
ART WORK SOLD
100992
ART CNTR PROG
RETAIL
SALES
< *>
$50.00*
130838
10/19/92
$18.16
ACE SUPPLY
REPAIR PARTS
0210069
PUMP & LIFT ST
REPAIR
PARTS
4029
< *>
$18.16*
130839
10/19/92
$315.00
ACME WINDOW CLEAN
GENERAL SUPPLIES
004952
STREET REVOLVI
GENERAL
SUPPL
4125
< *>
$315.00*
130840
10/19/92
$1,697.50
.ADVANCED STATE SECUR
MACHINERY & EQUIPMENT
9729
LIQUOR PROG
MACH. &
EQUIP
4227
< *>
$1,697.50*
130841
10/19/92
$295.49
AIR HYDRAULIC SYSTEM
ACCESSORIES
7859 -00
EQUIPMENT OPER
ACCESSORIES
3944
10/19/92
$38.35
AIR HYDRAULIC SYSTEM
REPAIR PARTS
7959.01
EQUIPMENT OPER
REPAIR
PARTS
3944
< *>
$333.84*
130842
10/19/92
$12.58
AIRSIGNAL
DUES & SUBSCRIPTIONS
3014537
POOL ADMIN
DUES &
SUBSCR
< *>
$12.58*
130843
10/19/92
$8.87
ALBINSON
GENERAL SUPPLIES
154520
ASSESSING
GENERAL
SUPPL
< *>
$8.87*
130844
10/19/92
$105.02
ALL STEEL PRODUCTS C
REPAIR PARTS
1501
DISTRIBUTION
REPAIR
PARTS
3921
< *>
$105.02*
130845
10/19/92
$25.00
ALLEN, MELODY
ART WORK SOLD
100992
ART CNTR PROG
RETAIL
SALES
< *>
$25.00*
130846
10/19/92
$23.20
ALTERNATOR REBUILD
REPAIR PARTS
008391
EQUIPMENT OPER
REPAIR
PARTS
4031
10/19/92
$31.92
ALTERNATOR REBUILD
TOOLS
08503
EQUIPMENT OPER
TOOLS
4057
< *>
$55.12*
130847
10/19/92
$45.41
AMERICAN LINEN
LAUNDRY
093092
VERNON OCCUPAN
LAUNDRY
10/19/92
$223.36
AMERICAN LINEN
LAUNDRY
093092
FIRE DEPT. GEN
LAUNDRY
COUNCIL
CHECK REGISTER WED, OCT,.14, 1992, 10:29 PM
page 2
CHECK#
DATE
CHECK AMOUNT
VENDOR...
DESCRIPTION
INVOICE
PROGRAM
OBJECT
P.O. #
------------------------------------------------------------------------------------------------------------------------------------
130847
10/19/92
$147.29
AMERICAN LINEN
LAUNDRY
093092
CITY HALL GENE
LAUNDRY
10/19/92
$61.61
AMERICAN LINEN
LAUNDRY
093092
YORK OCCUPANCY
LAUNDRY
10/19/92
$46.46
AMERICAN LINEN
LAUNDRY
093092
50TH ST SELLIN
LAUNDRY
10/19/92
$12.61
AMERICAN LINEN
LAUNDRY
093092
LABORATORY
LAUNDRY
10/19/92
$516.22
AMERICAN LINEN
LAUNDRY
093092
BUILDING & GRO
LAUNDRY
10/19/92
$103.31
AMERICAN LINEN
LAUNDRY
093092/G
GRILL
LAUNDRY
< *>
$1,156.27*
130848
10/19/92
$70.00
AMERICAN RED CROSS
GENERAL SUPPLIES
8887
ATHLETIC ACTIV
GENERAL SUPPL
< *>
$70.00*
130849
10/19/92
$115.85
AMERICAN WATER WORKS
GENERAL SUPPLIES
269482 -1
LABORATORY
GENERAL SUPPL
4168
< *>
$115.85*
130850
10/19/92
$32.00
APRES INC PARTY AND
GENERAL SUPPLIES
14159
POOL TRACK GRE
GENERAL SUPPL
< *>
$32.00*
130851
10/19/92
$8.98
AQUA ENGINEERING
GENERAL SUPPLIES
34830
GENERAL MAINT
GENERAL SUPPL
3931
10/19/92
$34.56
AQUA ENGINEERING
GENERAL SUPPLIES
34915
SNOW & ICE REM
GENERAL SUPPL
3967
< *>
$43.54*
130852
10/19/92
$378.90
ASP COMPUTER PRODUCT
EQUIPMENT REPLACEMENT
76418
ASSESSING
EQUIP REPLACE
4158
< *>
$378.90*
130853
10/19/92
$28.89
AT & T INFO SYSTEM
TELEPHONE
51921654
ART CENTER BLD
TELEPHONE
10/19/92
$30.60
AT & T INFO SYSTEM
TELEPHONE
51923266
CENT SVC GENER
TELEPHONE
< *>
$59.49*
130854
10/19/92
$13.35
AT &T CONS PROD DIV
TELEPHONE
092692
CENT SVC GENER
TELEPHONE
10/19/92
$17.85
AT &T CONS PROD DIV
TELEPHONE
100292
CENT SVC GENER
TELEPHONE
< *>
$31.20*
130855
10/19/92
$7.13
AT &T
TELEPHONE
093092
CENT SVC GENER
TELEPHONE
< *>
$7.13*
130856
10/19/92
$155.01
AUTOMATIC GARAGE DOO
CONTRACTED REPAIRS
561294 -0
ARENA BLDG /GRO
CONTR REPAIRS
3891
< *>
$155.01*
130857
10/19/92
$35.00
AUTOMOBILE SERV CTR
CONTRACTED REPAIRS
15058
EQUIPMENT OPER
CONTR REPAIRS
4126
< *>
$35.00*
130858
10/19/92
$76.00
AXT -LYLE
COST OF GOODS SOLD FO
100892
GUN RANGE
CST OF GD FOO
< *>
$76.00*
130859
10/19/92
$36.00
BACH -BILL
OFFICE SUPPLIES
100292
ADMINISTRATION
OFFICE SUPPLI
< *>
$36.00*
130860
10/19/92
$242.82
BACHMANS NURSERY WHO
TREES, FLOWERS, SHRUB
49977
CENTENNIAL LAK
TREES FLWR SH
3987
< *>
$242.82*
130861
10/19/92
$256.65
BAGLIEN, VICKIE
ACCOUNTS RECEIVABLE
15350900
UTILITY PROG
ACCO�,tiTS REC.
< *>
$256.65*
130862
10/19/92
$65.00
BALDINGER. WENDY
PERFORM EDINBOROUGH 1
081492
ADMINISTRATION
PRO SVC OTHER
< *>
$65.00*
COUNCIL
CHECK REGISTER WED, OCT 14, 1992, 10:29 PM
page 3
CHECK#
DATE
CHECK AMOUNT
VENDOR..__.
DESCRIPTION
INVOICE
PROGRAM
OBJECT
P.O. 4
---------------------------------------------=--------------------------------------------------------------------------------------
130863
10/19/92
$920.70
BARRETT MOV /STORE
PROFESSIONAL SERVICES
C2776 -2
ELECTION
PROF SERVICES
< *>
$920.70*
130864
10/19/92
$285.00
BARRY SIEWERT CREATI
ADVERTISING OTHER
093092
CENTENNIAL LAK
ADVERT OTHER
4288
< *>
$285.00*
130865
10/19/92
$51.33
BECKER ARENA PRODUCT
CONTRACTED REPAIRS
014164
ARENA BLDG /GRO
CONTR REPAIRS
4165
< *>
$51.33*
130866
10/19/92
$126.20
BELLE PLAINE BLOCK &
GENERAL SUPPLIES
23526
CENTENNIAL LAK
GENERAL SUPPL
3845
< *>
$126.20*
130867
10/19/92
$100.00
BENNETT -WAYNE
PERSONAL SERVICES
NOVEMBER
RESERVE PROGRA
PERS SERVICES
< *>
$100.00*
130868
10/19/92
$175.50
BERGFORD TRUCKING
COST OF GOODS SOLD LI
SEPT 50T
50TH ST SELLIN
CST OF GD LIQ
10/19/92
$287.00
BERGFORD TRUCKING
COST OF GOODS SOLD LI
SEPT YOR
YORK SELLING
CST OF GD LIQ
10/19/92
$262.50
BERGFORD TRUCKING
COST OF GOODS SOLD LI
SEPT VER
VERNON SELLING
CST OF GD LIQ
< *>
$725.00*
130869
10/19/92
$338.78
BERNARD J. MULCAHY C
REPAIR PARTS
90479
CITY HALL GENE
REPAIR PARTS
3935
< *>
$338.78*
130870
10/19/92
$15.29
BERTELSON BROS. INC.
OFFICE SUPPLIES
81713261
FIRE DEPT. GEN
OFFICE SUPPLI
3303
10/19/92
$104.80
BERTELSON BROS. INC.
GENERAL SUPPLIES
813404
GUN RANGE
GENERAL SUPPL
10/19/92
$148.18
BERTELSON BROS. INC.
GENERAL SUPPLIES
823115
CENT SVC GENER
GENERAL SUPPL
10/19/92
$1.37
BERTELSON BROS. INC.
GENERAL SUPPLIES
823115
ELECTION
GENERAL SUPPL
10/19/92
$91.06
BERTELSON BROS. INC.
GENERAL SUPPLIES
817411
PARK ADMIN.
GENERAL SUPPL
10/19/92
$91.06
BERTELSON BROS. INC.
GENERAL SUPPLIES
817411
CENT SVC GENER
GENERAL SUPPL
10/19/92
$44.51
BERTELSON BROS. INC.
OFFICE SUPPLIES
824317
ARENA ADMINIST
OFFICE SUPPLI
4206
10/19/92
$24.26
BERTELSON BROS. INC.
GENERAL SUPPLIES
825521
PARK ADMIN.
GENERAL SUPPL
10/19/92
$28.33
BERTELSON BROS. INC.
GENERAL SUPPLIES
825521
CENT SVC GENER
GENERAL SUPPL
10/19/92
$9.50
BERTELSON BROS. INC.
GENERAL SUPPLIES
825521
ENGINEERING GE
GENERAL SUPPL
10/19/92
$9.50
BERTELSON BROS. INC.
GENERAL SUPPLIES
825521
ELECTION
GENERAL SUPPL
10/19/92
$9.67
BERTELSON BROS. INC.
GENERAL SUPPLIES
825521
ADMINISTRATION
GENERAL SUPPL
< *>
$577.53*
130871
10/19/92
$3,368.57
BFI OF MN INC
PROFESSIONAL SERVICES
092592
50TH STREET RU
PROF SERVICES
<*>
$3,368.57*
130872
10/19/92
$34,233.55
BFI RECYCLING SYS
EQUIPMENT RENTAL
920900 -7
RECYCLING
EQUIP RENTAL
< *>
$34,233.55*
130873
10/19/92
$104.52
BFU SERVICE GROUP
SERVICE CONTRACTS EQU
920900 -2
MAINT OF COURS
SVC CONTR EQU
4087
< *>
$104.52*
130874
10/19/92
$100.00
BLOOD DAVID
PERSONAL SERVICES
NOVEMBER
RESERVE PROGRA
PERS SERVICES
< *>
$100.00*
130875
10/19/92
$240.83
BLUE BELL ICE CREAM
COST OF GOODS SOLD FO
004397
POOL CONCESSIO
CST OF GD F00
< *>
$240.83*
130876
10/19/92
$25.00
BOGAARD, BRUCE HUDSO
ART WORK SOLD
100992
ART CNTR PROG
RETAIL SALES
< *>
$25.00*
COUNCIL
CHECK REGISTER WED, OCT
14, 1992, 10:29 PM
page 4
CHECK#
DATE
CHECK AMOUNT
VENDOR..
;.- - - - - - - -
DESCRIPTION
- - - - - - - - - - - - - - - - - - - - - - - - -
INVOICE
- - - - - - - -
PROGRAM
- - - - - - - - - - - - - - - -
OBJECT
- - - - - - - - - - - - - -
P.O. #
- - - - - - - - - - - - -
- - - - - - -
130877
- - - - - - - - -
10/19/92
- - - - - - - - - - - - - - - - -
$59.95
- - - - - - - - - - - - -
BORLAND INTERNATIONA
GENERAL SUPPLIES
31948530
CENT SVC GENER
GENERAL SUPPL
3882
< *>
$59.95*
130878
10/19/92
$73.58
BOYER TRUCKS
ACCESSORIES
165877
EQUIPMENT OPER
ACCESSORIES
3983
10/19/92
$60.53
BOYER TRUCKS
REPAIR PARTS
165687
EQUIPMENT OPER
REPAIR PARTS
3977
10/19/92
$85.37
BOYER TRUCKS
ACCESSORIES
165780
EQUIPMENT OPER
ACCESSORIES
3981
10/19/92
$57.09
BOYER TRUCKS
REPAIR PARTS
166123
EQUIPMENT OPER
REPAIR PARTS
3983
10/19/92
$50.98
BOYER TRUCKS
REPAIR PARTS
166110
EQUIPMENT OPER
REPAIR PARTS
3983
10/19/92
$78.44
BOYER TRUCKS
REPAIR PARTS
167250
EQUIPMENT OPER
REPAIR PARTS
4065
< *>
$405.99*
130879
10/19/92
$985.80
BRAUN INTERTEC
CONSTR. IN PROGRESS
007840
IMPROVEMENT BA
CIP
10/19/92
$36.00
BRAUN INTERTEC
PROFESSIONAL SERVICES
007855
GENERAL MAINT
PROF SERVICES
10/19/92
$226.00
BRAUN INTERTEC
CONSTR. IN PROGRESS
007821
BRIDGES
CIP
10/19/92
$36.00
BRAUN INTERTEC
PROFESSIONAL SERVICES
007853
GENERAL(BILLIN
PROF SERVICES
10/19/92
$232.00
BRAUN INTERTEC
CONSTR. IN PROGRESS
007837
PARKING /RAMP -
CIP
10/19/92
$113.00
BRAUN INTERTEC
CONSTR. IN PROGRESS
007839
STREET IMPROV.
CIP
< *>
$1,628.80*
130880
10/19/92
$764.33
BUSINESS RECD CORP
GENERAL SUPPLIES
0806811
ELECTION
GENERAL SUPPL
4159
< *>
$764.33*
130881
10/19/92
$100.00
BUTLER GEORGE
PERSONAL SERVICES
NOVEMBER
RESERVE PROGRA
PERS SERVICES
< *>
$100.00*
130882
10/19/92
$110.28
C & S DISTRIBUTING
COST OF GOODS SOLD FO
142042
ART SUPPLY GIF
CST OF GD F00
4066
< *>
$110.28*
130883
10/19/92
$243,319.23
C.S. MCCROSSAN CONST
CONSTR. IN PROGRESS
92 -8 PYM
STREET IMPROV.
CIP
< *>
$243,319.23*
130884
10/19/92
$180.32
CALLAHAN,FRAN
EQUIPMENT MAINTENANCE
SEPT MIL
FIRE DEPT. GEN
EQUIP MAINT
< *>
$180.32*
130885
10/19/92
$94.85
CELLULAR ONE
GENERAL SUPPLIES
0992
PUMP & LIFT ST
GENERAL SUPPL
< *>
$94.85*
130886
10/19/92
$136.91
CERAMIC ARTS & SUPPL
CRAFT SUPPLIES
14726
ART CENTER ADM
CRAFT SUPPLIE
4067
10/19/92
$96.97
CERAMIC ARTS & SUPPL
COST OF GOODS SOLD FO
14726
ART SUPPLY GIF
CST OF GD F00
< *>
$233.88*
130887
10/19/92
$85.37
CHANDLER, JANET
GENERAL SUPPLIES
100792
RECYCLING
GENERAL SUPPL
< *>
$85.37*
130888
10/1 -9/92
$174.13
CHEM CONCEPTS
CLEANING SUPPLIES
0560
BUILDING & GRO
CLEANING SUPP
4297
< *>
$174.13*
130889
10/19/92
$155.40
CHEMLAWN
CONTRACTED REPAIRS
101306
GENERAL TURF C
CONTR REPAIRS
9756
< *>
$155.40*
130890
10/19/92
$60.40
CITY BEER
COST OF GOODS SOLD BE
SEPT-50T
50TH ST SELLIN
CST OF GDS BE
10/19/92
$151.30
CITY BEER
COST OF GOODS SOLD BE
SEPT VER
VERNON SELLING
CST OF GDS BE
10/19/92
$538.95
CITY BEER
COST OF GOODS SOLD BE
SEPT -YOR
YORK SELLING
CST OF GDS BE
< *>
$750.65*
COUNCIL CHECK REGISTER WED.. OCT 14, 1992, 10:29 PM
page 5
CHECK#
DATE
CHECK AMOUNT
VENDOR..,
VENDOR—...
DESCRIPTION
INVOICE
PROGRAM
OBJECT
P.O. #
130891
10/19/92
$25.00
CITY OF BLOOMINGTON
CONFERENCES & SCHOOLS
101392
FINANCE
CONF & SCHOOL
< *>
$25.00*
130892
10/19/92
4185.00
CITY OF EDINA
RUBBISH REMOVAL
001574
50TH ST OCCUPA
RUBBISH REMOV
< *>
$185.00*
130893
10/19/92
$222.80
CITYLINE
ADVERTISING OTHER
1187
ADMINISTRATION
ADVERT OTHER
4284
<*>
$222.80*
130894
10/19/92
$13.50
CITYWIDE WINDOW SERV
CONTRACTED REPAIRS
36188
50TH ST OCCUPA
CONTR REPAIRS
10/19/92
$13.50
CITYWIDE WINDOW SERV
CONTRACTED REPAIRS
36189
YORK OCCUPANCY
CONTR REPAIRS
10/19/92
$13.50
CITYWIDE WINDOW SERV
CONTRACTED REPAIRS
36190
VERNON OCCUPAN
CONTR REPAIRS
< *>
$40.50*
130895
10/19/92
$51.50
CLARK BOARDMAN CALLA
GENERAL SUPPLIES
2224566
POLICE DEPT. G
GENERAL SUPPL
< *>
$51.50*
130896
10/19/92
$664.16
COCA COLA BOTTLING
COST OF GOODS SOLD MI
SEPT -YOR
YORK SELLING
CST OF GDS MI
10/19/92
$366.75
COCA COLA BOTTLING
COST OF GOODS SOLD FO
093092
ARENA CONCESSI
CST OF GD FOO
10/19/92
$259.55
COCA COLA BOTTLING
COST OF GOODS SOLD MI
SEPT -50T
50TH ST SELLIN
CST OF GDS MI
< *>
$1,290.46*
130897
10/19/92
$25.00
COMMISSIONER OF REVE
GASOLINE
100192
EQUIPMENT OPER
GASOLINE
< *>
$25.00*
130898
10/19/92
$253.95
CONNEY SAFETY PRODUC
GENERAL SUPPLIES
511667 -0
DISTRIBUTION
GENERAL SUPPL
3973
< *>
$253.95*
130899
10/19/92
$195.00
CONSTRUCTION MATERIA
REPAIR PARTS
007858
BUILDING MAINT
REPAIR PARTS
4038
< *>
$195.00*
130900
10/19/92
$259.50
CONTINENTAL CLAY CO
COST OF GOODS SOLD FO
007767
ART SUPPLY GIF
CST OF GD FOO
3995
< *>
$259.50*
130901
10/19/92
$75.00
CREE, BETH
PERFORM EDINBOROUGH 1
091492
ADMINISTRATION
PRO SVC OTHER
< *>
$75.00*
130902
10/19/92
$1,386.67
CRIMMINS TIMOTHY J M
PROFESSIONAL SERVICES
NOVEMBER
UTILITY PROG
PROF SERVICES
< *>
$1,386.67*
130903
10/19/92
$27.40
CULLIGAN
CONTRACTUAL SERVICES
093092
LABORATORY
CONTR SERVICE
< *>
$27.40*
130904
10/19/92
$267.08
CURTIN MATHESON SCIE
GENERAL SUPPLIES
0092855
LABORATORY
GENERAL SUPPL
4046
< *>
$267.08*
130905
10/19/92
$461.05
CURTIS 1000
OFFICE SUPPLIES
354701 0
ART CENTER ADM
OFFICE SUPPLI
3773
10/19/92
$118.94
CURTIS 1000
PRINTING
438001 0
ART CENTER ADM
PRINTING
3773
< *>
$579.99*
130906
10/19/92
$290.00
CUSTOM FIRE APP
EQUIPMENT MAINTENANCE
004190
FIRE DEPT. GEN
EQUIP MAINT
< *>
$290.00*
130907
10/19/92
$193.70
DAVE S FOOD WAGON
COST OF GOODS SOLD FO
992
GRILL
CST OF GD F00
9030
< *>
$193.70*
COUNCIL
CHECK REGISTER WED, OCT
14, 1992, 10:29 PM
page 6
CHECK#
DATE
CHECK AMOUNT
VENDOR, . -
DESCRIPTION
INVOICE
PROGRAM
OBJECT
P.O. #
-------------------------------------------------------------------------------------------------------------------------------------
130908
10/19/92
$842.40
DCA INC
PENSIONS
515552
CENT SVC GENER
PENSIONS
< *>
$842.40*
130909
10/19/92
$23.50
DEPENDABLE COURIER
BONDS PAYABLE
214194
GENERAL FD PRO
BONDS PAYABLE
< *>
$23.50*
130910
10/19/92
$80:94
DISPATCH COMM /MN
SERVICE CONTRACTS EQU
22610
BUILDING & GRO
SVC CONTR EQU
10/19/92
$284.31
DISPATCH COMM /MN
GENERAL SUPPLIES
101365
CENTENNIAL LAK
GENERAL SUPPL
4285
< *>
$365.25*
130911
10/19/92
$35.95
DON'S APPLIANCE & TE
CONTRACTED REPAIRS
000635
FIRE DEPT. GEN
CONTR REPAIRS
3733
< *>
$35.95*
130912
10/19/92
$720.00
DORADUS CORP
EQUIPMENT REPLACEMENT
0091014
CIVIL DEFENSE
EQUIP REPLACE
< *>
$720.00*
130913
10/19/92
$11,223.31
DORSEY & WHITNEY
PROFESSIONAL SERV
- L
093092
LEGAL SERVICES
PRO SVC - LEG
< *>
$11,223.31*
130914
10/19/92
$50.00
DRIESSEN, MARTHA GAB
ART WORK SOLD
100992
ART CNTR PROG
RETAIL SALES
< *>
$50.00*
130915
10/19/92
$604.80
E KRAEMER & SONS INC
FILL MATERIALS
29814
GENERAL STORM
FILL MATERIAL
3975
10/19/92
$588.92
E KRAEMER & SONS INC
FILL MATERIALS
30050
SIDEWALKS & -PA
FILL MATERIAL
3397
10/19/92
$584.94
E KRAEMER & SONS INC
CONCRETE
30050
STREET RENOVAT
CONCRETE
< *>
$1,778.66*
130916
10/19/92
$70.03
EAGLE ELEVATOR
CONTRACTED REPAIRS
5472
CITY HALL GENE
CONTR REPAIRS
< *>
$70.03*
"
i
130917
10/19/92
$107.32
EAGLE WINE
COST OF GOODS SOLD
MI
612909
VERNON SELLING
CST OF GDS MI
< *>
$107.32*
130918
10/19/92
$314.00
EAST SIDE BEVERAGE
COST OF GOODS SOLD
MI
SEPT VER
VERNON SELLING
CST OF GDS MI
10/19/92
$9914.71
EAST SIDE BEVERAGE
COST OF GOODS SOLD
BE
SEPT VER
VERNON SELLING
CST OF GDS BE
10/19/92
$5,,247.70.
EAST SIDE BEVERAGE
COST OF GOODS SOLD
BE
JULY 50T
50TH ST SELLIN
CST OF GDS BE
10/19/92
$124.30
EAST SIDE.BEVERAGE
COST OF GOODS SOLD
MI
JULY 50T
50TH ST SELLIN
CST OF GDS MI
10/19/92
$673.70
EAST SIDE BEVERAGE
COST OF GOODS SOLD
BE
AUG /MISS
50TH ST SELLIN
CST OF GDS BE
10/19/92
$170.80
EAST SIDE BEVERAGE
COST OF GOODS SOLD
MI
SEPT YOR
YORK SELLING
CST OF GDS MI
10/19/92
$11,681.35
EAST SIDE BEVERAGE
COST OF GOODS SOLD
BE
SEPT YOR
YORK SELLING
CST OF GDS'BE
10/19/92
$4,9.89.70
EAST SIDE BEVERAGE
COST OF GOODS SOLD
BE
SEPT 50T
50TH ST SELLIN
CST OF GDS BE
10/19/92
$101.70
EAST SIDE BEVERAGE
COST OF GOODS SOLD
MI
SEPT SOT
50TH ST SELLIN
CST OF GDS MI
10/19/92
-$7.43
EAST SIDE BEVERAGE
OVER PAYMENT
108574
50TH ST SELLIN
CST OF GDS BE
< *>
$33,210.53*
130919
10/19/92
$85.00
ECOLAB PEST ELIM.
SERVICE CONTRACTS
EQU
1969034
BUILDING & GRO
SVC CONTR EQU
10/19/92
$100.00
ECOLAB PEST ELIM.
SERVICE CONTRACTS
EQU
1969030
CENTENNIAL LAK
SVC CONTR EQU
< *>
$185.00*
130920
10/19/92
$40.00
ED PHILLIPS & SONS
COST OF GOODS SOLD
BE
38765
YORK SELLING
CST OF GDS BE
10/19/92
$18.08
ED PHILLIPS & SONS
COST OF GOODS SOLD
MI
41003
VERNON SELLING
CST OF GDS MI
10/19/92
$58.40
ED PHILLIPS & SONS
COST OF GOODS SOLD
BE
40927
VERNON SELLING
CST OF GDS BE
< *>
$116.48*
130921
10/19/92
$7,660.20
ENVIRONMENTAL'SYSTEM
CONSTR. IN PROGRESS
1869
PARKS -
CIP
COUNCIL
CHECK REGISTER WED,.00T 14, 1992, 10:29 PM
page 7
CHECK#
DATE
CHECK AMOUNT
VENDOR
=-----------------------------------------------------------------------------------
DESCRIPTION
INVOICE
PROGRAM
OBJECT
P.O. #
------------------------------------------------
< *>
$7,660.20*
130922
10/19/92
$86.93
F.A. DAVIS COMPANY /P
BOOKS & PHAMPHLETS
16524
FIRE DEPT. GEN
BOOKS & PHAMP
3740
< *>
$86.93*
130923
10/19/92
$246.00
FACILITY SYSTEMS
CONSTR. IN PROGRESS
A0307
PARKS
CIP
8723
< *>
$246.00*
130924
10/19/92
$15.00
FAHNHORST, JIM
CONFERENCES & SCHOOLS
100192
PARK MAINTENAN
CONF & SCHOOL
< *>
$15.00*
130925
10/19/92
$2,450.00
FAIRWAY ARCHITECTS I
CONSTR. IN PROGRESS
100292
GC CIP
CIP
< *>
$2,450.00*
130926
10/19/92
$50.00
FARBER, DIANNE S
ART WORK SOLD
100992
ART CNTR PROG
RETAIL SALES
< *>
$50.00*
130927
10/19/92
$27.42
FAST 1 HOUR PHOTO
GENERAL SUPPLIES
C06243
ADMINISTRATION
GENERAL SUPPL
10/19/92
$67.46
FAST 1 HOUR PHOTO
ADVERTISING OTHER
05770
ART CENTER ADM
ADVERT OTHER
< *>
$94.88*
130928
10/19/92
$61.25
FEDERAL EXPRESS
CONSTR. IN PROGRESS
4- 743 -46
GC CIP
CIP
< *>
$61.25*
130929
10/19/92
$137.75
FEED RITE CONTROL
WATER TREATMENT SUPPL
186328
WATER TREATMEN
WATER TRTMT S
1169
< *>
$137.75*
130930
10/19/92
$50.00
FEIGENBAUM, DENNIS
ART WORK SOLD
100992
ART CNTR PROG
RETAIL SALES
< *>
$50.00*
130931
10/19/92
$52.53
FELTON, ERIC
PROFESSIONAL SERVICES
101292
CIVIL DEFENSE
PROF SERVICES
10/19/92
$81.70
FELTON, ERIC
CONFERENCES & SCHOOLS
101292
POLICE DEPT. G
CONF & SCHOOL
10/19/92
$66.65
FELTON, ERIC
MEETING EXPENSE
101292
POLICE DEPT. G
MEETING EXPEN
10/19/92
$18.00
FELTON, ERIC
MILEAGE OR ALLOWANCE
101292
POLICE DEPT. G
MILEAGE
10/19/92
$21.47
FELTON, ERIC
PHOTOGRAPHIC SUPPLIES
101292
POLICE DEPT. G
PHOTO SUPPLIE
10/19/92
$115.71
FELTON, ERIC
GENERAL SUPPLIES
101292
POLICE DEPT. G
GENERAL SUPPL
< *>
$356.06*
130932
10/19/92
$582.00
FETN
TRAINING AIDS
83692
FIRE DEPT. GEN
TRAINING AIDS
3739
< *>
$582.00*
13 -S33
10/19/92
$136.32
FLEXIBLE PIPE TOOL
REPAIR PARTS
534
VEHICLE OPERAT
REPAIR PARTS
4060
< *>
$136.32*
130934
10/19/92
$105.44
FOUR SEASON SILK PLA
GENERAL SUPPLIES
03052
BUILDING & GRO
GENERAL SUPPL
< *>
$105.44*
130935
10/19/92
$3,358.00
FRANK B HALL & CO
INSURANCE
88938
CENT SVC GENER
INSURANCE
< *>
$3,358.00*
130936
10/19/92
$344.26
G & K SERVICES
LAUNDRY
092592
EQUIPMENT OPER
LAUNDRY
10/19/92
$125.15
G & K SERVICES
LAUNDRY
092592
ARENA BLDG /GRO
LAUNDRY
10/19/92
$664.67
G & K SERVICES
LAUNDRY
092592
BUILDING MAINT
LAUNDRY
10/19/92
$967.97
G & K SERVICES
LAUNDRY
092592
GENERAL MAINT
LAUNDRY
10/19/92
$477.90
G & K SERVICES
LAUNDRY
092592
PUMP & LIFT ST
LAUNDRY
COUNCIL
CHECK REGISTER WED, OPT
14, 1992, 10:29 PM
page 8
CHECK#
DATE
CHECK AMOUNT
VENDOR.
==-----------------------------------------------------------------------------------
DESCRIPTION
INVOICE
PROGRAM
OBJECT
P.O. #
-----------------------------------------------
130936
10/19/92
$278.86
G & K SERVICES
CLEANING SUPPLIES
092592
PW BUILDING
CLEANING SUPP
10/19/92
$33.85
G & K SERVICES
LAUNDRY
092592.
CENTENNIAL LAK
LAUNDRY
< *>
$2,892.66*
130937
10/19/92
$198.00
GIRARD'S BUSINESS MA
SERVICE CONTRACTS EQU
002436
CENT SVC GENER
SVC CONTR EQU
< *>
$198.00*
130938
10/19/92
$289.45
GOPHER OIL CO.
GENERAL SUPPLIES
468284
ARENA BLDG /GRO
GENERAL SUPPL
10/19/92
- $140.00
GOPHER OIL CO.
CREDIT
468283
ARENA BLDG /GRO
GENERAL SUPPL
4024
< *>
$149.45*
130939
10/19/92
GREAT AMERICAN MARIN
GENERAL SUPPLIES
2653
CENTENNIAL LAK
GENERAL SUPPL
4092
*
$37.17
*
130940
10/19/92
$545.00
GREUPNER, JOE
MEETING EXPENSE
101392
ADMINISTRATION
MEETING EXPEN
< *>
$545.00*
130941
10/19/92
$220.67
GRIGGS COOPER & CO.
COST OF GOODS SOLD MI
615826
YORK SELLING
CST OF GDS MI
< *>
$220.67*
130942
1Q/19/92
$461.25
HALLMAN
LUBRICANTS
136334
EQUIPMENT OPER
LUBRICANTS
3532
10/19/92
$156.75
HALLMAN
ACCESSORIES
138516
EQUIPMENT OPER
ACCESSORIES
3928
< *>
$618.00*
130943
10/19/92
$75.00
HANLON, NORMA
AC INSTRUCTOR
100992
ART CENTER ADM
PROF SERVICES
10/19/92
$39.00
HANLON, NORMA
CRAFT SUPPLIES /ART CE
100992
ART CENTER ADM
CRAFT SUPPLIE
< *>
$114.00*
130944
10/19/92
$267.43
HARMON GLASS & GLAZE
CONTRACTED REPAIRS
40024668
ARENA BLDG /GRO
CONTR REPAIRS
3894
< *>
$267.43*
130945
10/19/92
$25.00
HAYWA, PHYLLIS
VISUAL ARTS 10/27 EDI
072392
ADMINISTRATION
PRO SVC OTHER
< *>
$25.00*
130946
10/19/92
$366.55
HEATH COMPANY
EQUIPMENT REPLACEMENT
35286
POLICE DEPT. G
EQUIP REPLACE
< *>
$366.55*
130947
10/19/92
$38.35
HEDGES, DIANA
GENERAL SUPPLIES /ART
100992
ART SUPPLY GIF
GENERAL SUPPL
10/19/92
$30.60
HEDGES, DIANA
GENERAL SUPPLIES /ART
100992
ART CENTER BLD
GENERAL SUPPL
10/19/92
$27.50
HEDGES, DIANA
CRAFT SUPPLIES /ART CE
100992
ART CENTER ADM
CRAFT SUPPLIE
< *>
$96.45*
130948
10/19/92
$336.08
HEIMARK FOODS
COST OF GOODS SOLD FO
093092
GRILL
CST OF GD F00
9033
*
*
130949
10/19/92
$179.09
HENNEPIN COUNTY SHER
EQUIPMENT MAINTENANCE
093092
POLICE DEPT. G
EQUIP MAINT
< *>
$179.09*
130950
10/19/92
$47.70
HENNEPIN COUNTY TREA
RUBBISH REMOVAL
100143
TREES & MAINTE
RUBBISH REMOV
3925
< *>
$47.70*
130951
10/19/92
$4,316.10
HENNEPIN COUNTY TREA
BOARD & ROOM PRISONER
000803
LEGAL SERVICES
BRD & RM PRIS
< *>
$4,316.10*
130952
10/19/92
$100.00
HENNEPIN TECHNICAL C
CONFERENCES & SCHOOLS
033669
FIRE DEPT. GEN
CONF & SCHOOL
3291
COUNCIL
CHECK REGISTER WED,.00T
14, 1992, 10:29 PM
page 9
CHECK#
DATE
CHECK AMOUNT
VENDOR....
DESCRIPTION
INVOICE
PROGRAM
OBJECT
P.O. #
-----------------------------------------------------------------------------------------------------------------------------------
< *>
$100.00*
130953
10/19/92
$197.50
HIRSHFIELD'S PAINT M
LINE MARKING POWDER
24729
FIELD MAINTENA
LINE MARK POW
2611
< *>
$197.50*
130954
10/19/92
$100.00
HOFFMAN- WILLIAM
PERSONAL SERVICES
NOVEMBER
RESERVE PROGRA
PERS SERVICES
< *>
$100.00*
130955
10/19/92
$8.52
HOOTENS
LAUNDRY
093092
POLICE DEPT. G
LAUNDRY
10/19/92
$24.50
HOOTENS
LAUNDRY
93092
POLICE DEPT. G
LAUNDRY
< *>
$33.02*
130956
10/19/92
$992.00
HORWATH, TOM
PROFESSIONAL SERVICES
100692
TREES & MAINTE
PROF SERVICES
10/19/92
$169.96
HORWATH, TOM
MILEAGE OR ALLOWANCE
100692
TREES & MAINTE
MILEAGE
< *>
$1,161.96*
130957
10/19/92
$25.00
HOSSFELD, ANNE MALM
ART WORK SOLD
100992
ART CNTR PROG
RETAIL SALES
< *>
$25.00*
130958
10/19/92
$432.62
HYDRO SUPPLY CO
GENERAL SUPPLIES
6019
METER REPAIR
GENERAL SUPPL
8536
< *>
$432.62*
130959
10/19/92
$87.00
IAMFES INC
DUES & SUBSCRIPTIONS
100592
PUBLIC HEALTH
DUES & SUBSCR
< *>
$87.00*
130960
10/19/92
$30.00
IDELLES INTER DESN
GENERAL SUPPLIES
35733
BUILDING & GRO
GENERAL SUPPL
< *>
$30.00*
130961
10/19/92
$148.00
INGMAN LAB INC.
CONTRACTUAL SERVICES
SEPT1957
LABORATORY
CONTR SERVICE
4063
< *>
$148.00*
130962
10/19/92
$4,990.31
INTER -CITY PAPER CO
MAGAZINE /NEWSLETTER E
404250 -0
COMMUNICATIONS
MAG /NEWSLET E
4207
< *>
$4,990.31*
130963
10/19/92
$3,216.00
INTERIOR COM SYS
TELEPHONE
092292
CENT SVC GENER
TELEPHONE
< *>
$3,216.00*
130964
10/19/92
$135.00
IUEO LOCAL 49
DUES & SUBSCRIPTIONS
100192
TRAINING
DUES & SUBSCR
< *>
$135.00*
130965
10/19/92
$79.88
J & F REDDY RENTS
EQUIPMENT RENTAL
03 -04704
BUILDING MAINT
EQUIP RENTAL
4167
< *>
$79.88*
130966
10/19/92
$75.00
JACKSON, VIRGINIA
AC INSTRUCTOR
100992
ART CENTER ADM
PROF SERVICES
< *>
$75.00*
130967
10/19/92
$100.00
JAMES, WILLIAM F
PERSONAL SERVICES
NOVEMBER
RESERVE PROGRA
PERS SERVICES
< *>
$100.00*
130968
10/19/92
$40.00
JANET CANTON
MILEAGE OR ALLOWANCE
101392
FINANCE
MILEAGE
< *>
$40.00*
130970
10/19/92
$24.48
JERRYS HARDWARE
TOOLS
100192
PUMP & LIFT ST
TOOLS
10/19/92
$66.30
JERRYS HARDWARE
REPAIR PARTS
100192
EQUIPMENT OPER
REPAIR PARTS
10/19/92
$73.00
JERRYS HARDWARE
REPAIR PARTS
100192
CITY HALL GENE
REPAIR PARTS
COUNCIL
CHECK REGISTER WED, OCT
14, 1992, 10:29 PM
page 10
CHECK#
DATE
CHECK AMOUNT
VENDOR..,___
DESCRIPTION
INVOICE
PROGRAM
OBJECT
P.O. #
------------------------------------------------------------------------------------------------------------------------------------
130970
10/19/92
$24.42
JERRYS HARDWARE
ACCESSORIES
100192
EQUIPMENT OPER
ACCESSORIES
10/19/92
$67.08
JERRYS HARDWARE
GENERAL
SUPPLIES
100192
POLICE DEPT. G
GENERAL SUPPL
10/19/92
$100.35
JERRYS HARDWARE
GENERAL
SUPPLIES
100192
RECYCLING
GENERAL SUPPL
10/19/92
$28.98
JERRYS HARDWARE
GENERAL
SUPPLIES
100192
ENGINEERING GE
GENERAL SUPPL
10/19/92
$1,166.78
JERRYS HARDWARE
GENERAL
SUPPLIES
100192
STREET REVOLVI
GENERAL SUPPL
10/19/92
$344.28
JERRYS HARDWARE
GENERAL
SUPPLIES
100192
BUILDING MAINT
GENERAL SUPPL
10/19/92
$144.30
JERRYS HARDWARE
GENERAL
SUPPLIES
100192
PUMP & LIFT ST
GENERAL SUPPL
10/19/92
$92.69
JERRYS HARDWARE
GENERAL
SUPPLIES
100192
BUILDING MAINT
GENERAL SUPPL
10/19/92
$133.24
JERRYS HARDWARE
GENERAL
SUPPLIES
100192
ADMINISTRATION
GENERAL SUPPL
10/19/92
$63.13
JERRYS HARDWARE
GENERAL
SUPPLIES
100192
SENIOR CITIZEN
GENERAL SUPPL
10/19/92
$87.99
JERRYS HARDWARE
GENERAL
SUPPLIES
100192
STREET NAME SI
GENERAL SUPPL
10/19/92
$106.93
JERRYS HARDWARE
GENERAL
SUPPLIES
100192
FIRE. DEPT. GEN
GENERAL SUPPL
10/19/92
$21.39
JERRYS HARDWARE
GENERAL
SUPPLIES
100192
ST LIGHTING OR
GENERAL SUPPL
10/19/92
$7.46
JERRYS HARDWARE
GENERAL
SUPPLIES
100192
GENERAL MAINT
GENERAL SUPPL
10/19/92
$109.19
JERRYS HARDWARE
GENERAL
SUPPLIES
100192
EQUIPMENT OPER
GENERAL SUPPL
10/19/92
$11.81
JERRYS HARDWARE
GENERAL
SUPPLIES
100192
PUMP & LIFT ST
GENERAL SUPPL
10/19/92
$17.91
JERRYS HARDWARE
GENERAL
SUPPLIES
100192
YORK OCCUPANCY
GENERAL SUPPL
10/19/92
$12.33
JERRYS HARDWARE
GENERAL
SUPPLIES
100192
POOL OPERATION
GENERAL SUPPL
10/19/92
$27.05
JERRYS HARDWARE
DUE FROM HRA
100192
GENERAL FD PRO
DUE FROM HRA
10/19/92
$11.44
JERRYS HARDWARE
GENERAL
SUPPLIES
100192
GUN RANGE ADMI
GENERAL SUPPL
10/19/92
$25.74
JERRYS HARDWARE
GENERAL
SUPPLIES
100192
BUILDING & GRO
GENERAL SUPPL
< *>
$2,768.27*
130971
10/19/92
$37.91
JERRYS PRINTING
PRINTING -
C13103
ART CENTER ADM
PRINTING
3992
< *>
$37.91*
130972
10/19/92
$321.91
JIM HATCH SALES
ACCESSORIES
1783
EQUIPMENT OPER
ACCESSORIES
3645
< *>
$321.91*
130973
10/19/92
$7.03
JOHN H. FOSTER
PROFESS
SERVICES -ENGI
1222079-
FIRE DEPT. GEN
PRO SVC ENGIN
4139
< *>
$7.03*
130974
10/19/92
$100.00
JOHNSON WALTER
PERSONAL
SERVICES
NOVEMBER
RESERVE PROGRA
PERS SERVICES
< *>
$100.00*
130975
10/19/92
$20.30
JOHNSON, NAOMI
ART WORK
SOLD
100992
ART CNTR PROG
RETAIL SALES
10/19/92
$95.42
JOHNSON, NAOMI
CRAFT SUPPLIES
/ART CE
100992
ART CENTER ADM
CRAFT SUPPLIE
10/19/92
$18.01
JOHNSON, NAOMI
GENERAL
SUPPLIES /ART
100992
ART CENTER BLD
GENERAL SUPPL
< *>
$133.73*
130976
10/19/92
$139.29
KAR PRODUCTS
GENERAL
SUPPLIES
742759
MAINT OF COURS
GENERAL SUPPL
4008
< *>
$139.29*
130977
10/19/92
$211.20
KELLY SERVICES INC
PROFESSIONAL
SERVICES
38370805
ADMINISTRATION
PROF SERVICES
4290
10/19/92
$47.25
KELLY SERVICES INC
PROFESSIONAL
SERVICES
39388004
ADMINISTRATION
PROF SERVICES
< *>
$258.45*
130978
10/19/92
$2,245.00
KENNAMETAL INC
REPAIR
PARTS
B13794/8
EQUIPMENT OPER
REPAIR PARTS
3694
< *>
$2,245.00*
130979
10/19/92
$49.97
KENNETH ROSLAND
UNIFORM
ALLOWANCE
100292
WEED MOWING
MEETING EXPEN
< *>
$49.97*
130980
10/19/92
$223.51
KNOX COMM CREDIT
GENERAL
SUPPLIES
043846
GENERAL STORM
GENERAL SUPPL
2170
10/19/92
$112.47
KNOX COMM CREDIT
REPAIR
PARTS
030573
PW BUILDING
REPAIR PARTS
3719
COUNCIL
CHECK REGISTER WED, OCT 14, 1992, 10:29 PM
page 11
CHECK#
DATE
CHECK AMOUNT
VENDOR '
DESCRIPTION
INVOICE
PROGRAM
OBJECT
P.O. A
----------------------------------------------_::-----------------------------------------------------------------------------------
130980
10/19/92
$120.59
KNOX COMM CREDIT
GENERAL SUPPLIES
030880
STREET RENOVAT
GENERAL SUPPL
3818
10/19/92
$46.26
KNOX COMM CREDIT
GENERAL SUPPLIES
032610
ARENA BLDG /GRO
GENERAL SUPPL
4090
10/19/92
$64.92
KNOX COMM CREDIT
TOOLS
032709
BUILDING MAINT
TOOLS
4045
10119192
$21.28
KNOX COMM CREDIT
LUMBER
032930
BUILDING MAINT
LUMBER
4064
< *>
$589.03*
130981
10/19/92
$497.50
KOKESH ATHLETIC
COST OF GOODS SOLD
FO
66901
ARENA CONCESSI
CST OF GD F00
4148
< *>
$497.50*
130982
10/19/92
$95.00
KOOLE, DIANE
CONFERENCES & SCHOOLS
101392
ASSESSING
CONF & SCHOOL
< *>
$95.00*
130983
10/19/92
$1,542.70
KUETHER DIST. CO.
COST OF GOODS SOLD
BE
SEPT 50T
50TH ST SELLIN
CST OF GDS BE
10/19/92
$2,976.35
KUETHER DIST. CO.
COST OF GOODS SOLD
MI
SEPT YOR
YORK SELLING
CST OF GDS MI
< *>
$4,519.05*
130984
10/19/92
$371.21
LAWSON PRODUCTS
GENERAL SUPPLIES
1661899
FIRE DEPT. GEN
GENERAL SUPPL
10/19/92
$481.04
LAWSON PRODUCTS
GENERAL SUPPLIES
1704617
CENTENNIAL LAK
GENERAL SUPPL
9299
10/19/92
$57.93
LAWSON PRODUCTS
TOOLS
1821852
EQUIPMENT OPER
TOOLS
3621
10/19/92
$122.86
LAWSON PRODUCTS
GENERAL SUPPLIES
1821458
DISTRIBUTION
GENERAL SUPPL
3828
< *>
$1,033.04*
130985
10/19/92
$24.33
LEEF BROS. INC.
LAUNDRY
SEPT GC
MAINT OF COURS
LAUNDRY
< *>
$24.33*
130986
10/19/92
$259.86
LESCO
GENERAL SUPPLIES
6KA508
MAINT OF COURS
GENERAL SUPPL
3514
< *>
5259.86*
130987
10/19/92
$75.00
LEWIS, LOU ANN
ART WORK SOLD
100992
ART CNTR PROG
RETAIL SALES
< *>
$75.00*
130988
10/19/92
$75.00
LIEBER, JUDY
ART WORK SOLD
100992
ART CNTR PROG
RETAIL SALES
< *>
$75.00*
130989
10/19/92
$196.75
LIEN INFECTION CON
SERVICE CONTRACTS
EQU
100192
CLUB HOUSE
SVC CONTR EQU
< *>
$196.75*
130990
10/19/92
$525.00
LINDENSELSER LANDFL
RUBBISH REMOVAL
093092
TREES & MAINTE
RUBBISH REMOV
< *>
$525.00*
130991
10/19/92
$2,725.00
LOFTHUS, DONALD S
PROFESSIONAL SERVICES
100592
GENERAL(BILLIN
PROF SERVICES
< *>
$2,725.00*
130992
10/19/92
$3,463.87
LOGIS
DATA PROCESSING
099227 0
FINANCE
DATA PROCESSI
10/19/92
$2,566.76
LOGIS
DATA PROCESSING
099227 0
ASSESSING
DATA PROCESSI
10/19/92
$2,896.96
LOGIS
DATA PROCESSING
099227 0
GENERAL(BILLIN
DATA PROCESSI
10/19/92
$0.44
LOGIS
DUE FROM HRA
099227 0
GENERAL FD PRO
DUE FROM HRA
10/19/92
$313.60
LOGIS
DATA PROCESSING
099227 0
LIQUOR 50TH ST
DATA PROCESSI
10/19/92
$313.61
LOGIS
DATA PROCESSING
099227 0
LIQUOR YORK GE
DATA PROCESSI
10/19/92
$313.61
LOGIS
DATA PROCESSING
099227 0
VERNON LIQUOR
DATA PROCESSI
< *>
$9,868.85"
130993
10/19/92
$363.32
M AMUNDSON
COST OF GOODS SOLD
MI
15513
VERNON SELLING
CST OF GDS MI
10/19/92
$341.40
M AMUNDSON
COST OF GOODS SOLD
MI
15609
YORK SELLING
CST OF GDS MI
10/19/92
$265.00
M AMUNDSON
COST OF GOODS SOLD
MI
15665
VERNON SELLING
CST OF GDS MI
COUNCIL
CHECK REGISTER WED, OCT 14, 1992, 10:29 PM
page 12
CHECK#
DATE
CHECK AMOUNT
VENDOR,
- - - -- ----------------------------------------------------------------------------------
DESCRIPTION
INVOICE
PROGRAM
OBJECT
P.O. #
------------------------------------------
130993
10/19/92
$436.02
-
M AMUNDSON
COST OF GOODS SOLD
MI
15705
50TH ST SELLIN
CST OF GDS MI
10/19/92
$436.98
M AMUNDSON
COST OF GOODS SOLD
MI
15734
YORK SELLING
CST OF GDS MI
< *>
$1,842.72*
130994
10/19/92
$1,088.16
MAGNUSON SOD CO.
GENERAL SUPPLIES
093092
GENERAL STORM
GENERAL SUPPL
< *>
$1,088.16*
130995
10/19/92
$9,369.70
MARK VII SALES
COST OF GOODS SOLD
BE
SEPT YOR
YORK SELLING
CST OF GDS BE
10/19/92
$144.50
MARK VII SALES
COST OF GOODS SOLD
MI
SEPT YOR
YORK SELLING
CST OF GDS MI
10/19/92
$4,871.40
MARK VII SALES
COST OF GOODS SOLD
BE
SEPT 50T
50TH ST SELLIN
CST OF GDS BE
10/19/92
$160.90
MARK VII SALES
COST OF GOODS SOLD
MI
SEPT 50T
50TH ST SELLIN
CST OF GDS MI
10/19/92
$1,763.15
MARK VII SALES
COST OF GOODS SOLD
BE
093092/G
GRILL
CST OF GDS BE
9028
< *>
$16,309.65*
130996
10/19/92
$25.00
MARSTON,ELLIOTT
CONFERENCES & SCHOOLS
100692
PUBLIC HEALTH
CONF & SCHOOL
< *>
$25.00*
130997
10/19/92
$300.00
MARTIN- MCALLISTER
PROFESSIONAL SERVICES
5339
CENT SVC GENER
PROF SERVICES
130998
10/19/92
$25.00
MASINI, KAY
ART WORK SOLD
100992
ART CNTR PROG
RETAIL SALES
< *>
$25.00*
130999
10/19/92
$6.37
MCC /MIDWEST
COST OF GOODS SOLD
FO
69978
ART SUPPLY GIF
CST OF GD F00
2459
10/19/92
$419.10
MCC /MIDWEST
COST OF GOODS SOLD
FO
72574
ART SUPPLY GIF
CST OF GD F00
3994
c *>
$425.47*
131000
10/19/92
$25.91
MCGUIRE AUTO SUPPLY
REPAIR PARTS
100192
PW BUILDING
REPAIR PARTS
10/19/92
$254.32
MCGUIRE AUTO SUPPLY
REPAIR PARTS
100192
DISTRIBUTION
GENERAL SUPPL
10/19/92
$239.71
MCGUIRE AUTO SUPPLY
ACCESSORIES
100192
EQUIPMENT OPER
ACCESSORIES
10/19/92
$2,449.89
MCGUIRE AUTO SUPPLY
REPAIR PARTS
100192
EQUIPMENT OPER
REPAIR PARTS
10/19/92
$213.15
MCGUIRE AUTO SUPPLY
REPAIR PARTS
100192/G
MAINT OF COURS
REPAIR PARTS
< *>
$3,182.98*
131001
10/19/92
$124.26
MCNEILUS STEEL
REPAIR PARTS
0144621
EQUIPMENT OPER
REPAIR PARTS
3835
10/19/92
$445.07
MCNEILUS STEEL
REPAIR PARTS
0145539
DISTRIBUTION
REPAIR PARTS
3927
10/19/92
$222.76
MCNEILUS STEEL
REPAIR PARTS
0145797
DISTRIBUTION
REPAIR PARTS
3938
< *>
$792.09*
131002
10/19/92
$25.00
MEICHSNER, EARL
CONFERENCES & SCHOOLS
100692
PUBLIC HEALTH
CONF & SCHOOL
< *>
$25.00*
131003
10/19/92
$100.00
MERFELD -BERT
PERSONAL SERVICES
NOVEMBER
RESERVE PROGRA
PERS SERVICES
< *>
$100.00*
131004
10/19/92
$335.47
MERIT SUPPLY
GENERAL SUPPLIES
31083 -
CENTENNIAL LAK
GENERAL SUPPL
3926
10/19/92
$119.40
MERIT SUPPLY
REPAIR PARTS
31100
PW BUILDING
REPAIR PARTS
3934
10/19/92
$472.93
MERIT SUPPLY
GENERAL SUPPLIES
31204
CENTENNIAL LAK
GENERAL SUPPL
4098
10/19/92
$378.07
MERIT SUPPLY
REPAIR PARTS
31160
PW BUILDING
REPAIR PARTS
4026
10/19/92
$483.27
MERIT SUPPLY
CLEANING SUPPLIES
31212
ARENA BLDG /GRO
CLEANING SUPP
4099
10/19/92
$209.21
MERIT SUPPLY
GENERAL SUPPLIES
31255
BUILDING MAINT
GENERAL SUPPL
4317
10/19/92
$287.39
MERIT SUPPLY
CLEANING SUPPLIES
31262
CENTENNIAL LAK
CLEANING SUPP
4211
< *>
$2,285.74*
131005
10/19/92
$35.00
METRO LEGAL SERVICES
PROFESSIONAL SERVICES
335344
CDBG PROG
PROF SERVICES
4160
COUNCIL
CHECK REGISTER WED, OCT 14, 1992, 10:29 PM
page 13
CHECK#
DATE
CHECK AMOUNT
VENDOR.—
DESCRIPTION
INVOICE
PROGRAM
OBJECT
P.O. #
------------------------------------------------------------------------------------------------------------------------------------
< *>
$35.00*
131006
10/19/92
$112.48
METZ BAKING CO
COST OF GOODS SOLD FO
091292
GRILL
CST OF GD FOO
9037
10/19/92
$114.77
METZ BAKING CO
COST OF GOODS SOLD FO
092692
GRILL
CST OF GD F00
9037
10/19/92
$129.41
METZ BAKING CO
COST OF GOODS SOLD FO
100392
GRILL
CST OF GD F00
9037
10/19/92
$19.25
METZ BAKING CO
COST OF GOODS SOLD FO
101392
GRILL
CST OF GD F00
< *>
$375.91*
131007
10/19/92
$49.00
METZGER AQUATIC ENGI
SERVICE CONTRACTS EQU
217
CENTENNIAL LAK
SVC CONTR EQU
< *>
$49.00*
131008
10/19/92
$1,763.77
MIDWEST ASPHALT COR.
BLACKTOP
1860
STREET RENOVAT
BLACKTOP
10/19/92
$220.49
MIDWEST ASPHALT COR.
BLACKTOP
8416
GENERAL MAINT
BLACKTOP
10/19/92
$172.77
MIDWEST ASPHALT COR.
DUMPING CHARGES
2001
STREET RENOVAT
DUMPING CHARG
10/19/92
$248.27
MIDWEST ASPHALT COR.
BLACKTOP
8469
GENERAL MAINT
BLACKTOP
10/19/92
$235.05
MIDWEST ASPHALT COR.
BLACKTOP
8469
SIDEWALKS & PA
BLACKTOP
10/19/92
$1,021.37
MIDWEST ASPHALT COR.
BLACKTOP
8469
PARKING LOTS
BLACKTOP
10/19/92
$430.55
MIDWEST ASPHALT COR.
BLACKTOP
8469
DISTRIBUTION
BLACKTOP
10/19/92
$171.38
MIDWEST ASPHALT COR.
ROAD OIL
8523
GENERAL MAINT
ROAD OIL
< *>
$4,263.65*
131009
10/19/92
$496.68
MIDWEST CHEMICAL SUP
PAPER SUPPLIES
6755
CITY HALL GENE
PAPER SUPPLIE
3450
< *>
$496.68*
131010
10/19/92
$1,144.88
MIDWEST WIRE & STEEL
GENERAL SUPPLIES
79809
SNOW & ICE REM
GENERAL SUPPL
3943
< *>
$1,144.88*
131011
10/19/92
$419.17
MILLIPORE
GENERAL SUPPLIES
545793
LABORATORY
GENERAL SUPPL
4047
< *>
$419.17*
131012
10/19/92
$40.79
MILWAUKEE TOOL CO.
TOOLS
25 -42 -28
GENERAL MAINT
TOOLS
3917
< *>
$40.79*
131013
10/19/92
$243.00
MINN COMM PAGING
SERVICE CONTRACTS EQU
100192
BUILDING & GRO
SVC CONTR EQU
4289
< *>
$243.00*
131014
10/19/92
$90.00
MINNESOTA DEPT OF TR
PROFESSIONAL SERVICES
101392
ENGINEERING GE
PROF SERVICES
< *>
$90.00*
131015
10/19/92
$165.00
MINNESOTA RECREATION
CONFERENCES & SCHOOLS
100792
ADMINISTRATION
CONF & SCHOOL
10/19/92
$165.00
MINNESOTA RECREATION
CONFERENCES & SCHOOLS
101292
ADMINISTRATION
CONF & SCHOOL
< *>
$330.00*
131016
10/19/92
$218.70
MINNESOTA STATE HORT
PLANTINGS & TREES
4631
TREES & MAINTE
PLANT & TREES
4164
< *>
$218.70*
131017
10/19/92
$5,775.00
MINNETONKA IRON WORK
SHARED MAINTENANCE
2661
MAINT OF COORS
SHARED MAINT
2580
< *>
$5.775.00*
131018
10/19/92
$80.00
MN DEPT OF NATURAL R
FIREARM SAFETY COURSE
100192
SPECIAL ACTIVI
PROF SERVICES
10/19/92
$95.00
MN DEPT OF NATURAL R
PROFESSIONAL SERVICES
101392
SPECIAL ACTIVI
PROF SERVICES
< *>
$175.00*
131019
10/19/92
$100.00
MN DEPT OF NATURAL R
FIREARM SAFETY COURSE
100192
SPECIAL ACTIVI
PROF SERVICES
< *>
$100.00*
COUNCIL
CHECK REGISTER WED, OCT 14, 1992, 10:29 PM
page 14
CHECK#
DATE
CHECK AMOUNT
VENDOR,,
DESCRIPTION
INVOICE
PROGRAM
OBJECT
P.O. #
-----=------------------------------------------------------------------------------------------------------------------------------
131020
10/19/92
$105.00
MN DEPT OF NATURAL R
PROFESSIONAL SERVICES
101392
SPECIAL ACTIVI
PROF SERVICES
< *>
$105.00*
131021
10/19/92
$998.20
MN DEPT OF
GASOLINE
SEPT
EQUIPMENT OPER
GASOLINE
< *>
$998.20*
131022
10/19/92
$20.00
MN FIRE PROTECTION C
DUES & SUBSCRIPTIONS
100192
FIRE DEPT. GEN
DUES & SUBSCR
< *>
520.00 --
131023
10/19/92
$376.85
MN. BAR
COST OF GOODS SOLD MI
SEPT VER
VERNON SELLING
CST OF GDS MI
10/19/92
$366.82
MN. BAR
COST OF GOODS SOLD MI
SEPT -YOR
YORK SELLING
CST OF GDS MI
10/19/92
$224.93
MN. BAR
COST OF GOODS SOLD MI
SEPT 50T
50TH ST SELLIN
CST OF GDS MI
< *>
$968.60*
131024
10/19/92
$93.85
MN. ELEVATOR
SERVICE CONTRACTS EQU
090387
- BUILDING & GRO
SVC CONTR EQU
< *>
$93.85*
131025
10/19/92
$227.67
MN. TORO INC.
REPAIR PARTS
296851
EQUIPMENT OPER
REPAIR PARTS
3932
10/19/92
$186.27
MN. TORO INC.
REPAIR PARTS
298116
MAINT OF COURS
REPAIR PARTS
4007
10/19/92
$32.09
MN. TORO INC.
REPAIR PARTS
299754
GENERAL TURF C
REPAIR PARTS
4131
< *>
$446.03*
131026
10/19/92
$8.36
MN. WANNER
GENERAL SUPPLIES
16592
FIELD MAINTENA
GENERAL SUPPL
4254
< *>
$8.36"
131027
10/19/92
$329.39
MODEL STONE
CONCRETE
155160
STREET.RENOVAT
CONCRETE
10/19/92
$904.97
MODEL STONE
CONCRETE
156213
GENERAL STORM
CONCRETE
10/19/92
$867.26
MODEL STONE
CONCRETE
156215
GENERAL STORM
CONCRETE
10/19/92
$917.53
MODEL STONE
CONCRETE
156209
STREET RENOVAT
CONCRETE
10/19/92
$314.22
MODEL STONE
CONCRETE
156214
STREET RENOVAT
CONCRETE
10/19/92
$603.31
MODEL STONE
CONCRETE
156206
STREET RENOVAT
CONCRETE
10/19/92
$603.31
MODEL STONE
CONCRETE
156205
STREET RENOVAT
CONCRETE
10/19/92
3603.31,
MODEL STONE
CONCRETE
156208
STREET RENOVAT
CONCRETE
10/19/92
$703.87
MODEL STONE
CONCRETE
156207
STREET RENOVAT
CONCRETE
10/19/92
$641.02
MODEL STONE
CONCRETE
156210
STREET RENOVAT
CONCRETE
10/19/92
$641.02
MODEL STONE
CONCRETE
156211
STREET RENOVAT
CONCRETE
10/19/92
$691.30
MODEL STONE
CONCRETE
156212
STREET RENOVAT
CONCRETE
< *>
$7,820.51*
131028
10/19/92
$87.28
MODERN MASTERS
COST'OF GOODS SOLD FO
14105
ART SUPPLY GIF
CST OF GD F00
4070
< *>
387.28*
131029
10/19/92
$23.00
MONROE, DIANE
CLASS REFUND
092992
ART CNTR PROG
REGISTRATION
< *>
$23.00*
131030
10/19/92
345.00
MOTT, LUCY
PROFESSIONAL SERVICES
311590
CLUB HOUSE
PROF SERVICES
3791
< *>
$45.00*
131031
10/19/92
$91.00
MPLS AREA ASSOC OF R
GENERAL SUPPLIES
144412
ASSESSING
GENERAL SUPPL
< *>
$91.00*
131032
10/19/92
$50.80
MPLS FINANCE DEPARTM
PROFESSIONAL SERVICES
6781
POLICE DEPT. G
PROF SERVICES
< *>
$50.80*
131033
10/19/92
$665.00
MPLS SEWER & WATER
CONTRACTED REPAIRS
030389
DISTRIBUTION
CONTR REPAIRS
4102
COUNCIL
CHECK REGISTER WED, OCT
14, 1992, 10:29 PM
page 15
CHECK#
DATE
CHECK AMOUNT
VENDOR.
DESCRIPTION
INVOICE
PROGRAM
OBJECT
P.O. #
------------------------------------------------------------------------------------------------------------------------------------
131033
10/19/92
$717.00
MPLS SEWER & WATER
CONTRACTED REPAIRS
030395
DISTRIBUTION
CONTR REPAIRS
4214
< *>
$1,382.00*
131034
10/19/92
$23.89
MULHERN, JOSEPH
OVER PYMT 6260 SANDPI
101392
UTILITY PROG
ACCOUNTS REC.
<*>
$23.89*
131035
10/19/92
$91.84
MUNICILITE CO
ACCESSORIES
4012
EQUIPMENT OPER
ACCESSORIES
4119
10/19/92
$53.50
MUNICILITE CO
REPAIR PARTS
4032
EQUIPMENT OPER
REPAIR PARTS
4103
10/19/92
$121.41
MUNICILITE CO
REPAIR PARTS
4030
EQUIPMENT OPER
REPAIR PARTS
4103
< *>
$266.75*
131036
10/19/92
$273.94
NATIONAL SAFETY COUN
TRAINING AIDS
I.- 402427
FIRE DEPT. GEN
TRAINING AIDS
5750
< *>
$273.94*
131037
10/19/92
$233.63
NATL GUARDIAN SYS.
ALARM SERVICE
540930
YORK OCCUPANCY
ALARM SERVICE
<*>
$233.63*
131038
10/19/92
$23.00
NATT, CHERYL
CLASS REFUND
092992
ART CNTR PROG
REGISTRATION
< *>
$23.00*
131039
10./19/92
$50.00
NEWGENT, JAN
PERFORM EDINBOROUGH
1
081792
ADMINISTRATION
PRO SVC OTHER
< *>
$50.00 *.
131040
10/19/92
$100.00
NISSEN DICK
PERSONAL SERVICES
NOVEMBER
RESERVE PROGRA
PERS SERVICES
< *>
$100.00*
131041
10/19/92
$262.08
NORTHSTAR ICE
COST OF GOODS SOLD
MI
SEPT -YOR
YORK SELLING
CST OF GDS MI
10/19/92
$102.36
NORTHSTAR ICE
COST OF GOODS SOLD
MI
SEPT -50T
50TH ST SELLIN
CST OF GDS MI
10/19/92
$265.80
NORTHSTAR ICE
COST OF GOODS SOLD
MI
SEPT VER
VERNON SELLING
CST OF GDS MI
< *>
$630.24*
131042
10/19/92
$216.22
NOVAK'S GARAGE
REPAIR PARTS
2624
CENTENNIAL LAK
REPAIR PARTS
3189
10/19/92
$242.29
NOVAK'S GARAGE
GENERAL SUPPLIES
2623
CENTENNIAL LAK
GENERAL SUPPL
3189
< *>
$458.51*
131043
10/19/92
$39.84
NSP
LIGHT & POWER
101992
PONDS & LAKES
LIGHT & POWER
10/19/92
$51.99
NSP
LIGHT & POWER
101992
GENERAL STORM
LIGHT & POWER
10/19/92
$8.51
NSP
LIGHT & POWER
101992
CIVIL DEFENSE
LIGHT & POWER
10/19/92
$131.58
NSP
LIGHT & POWER
101992
BUILDING MAINT
LIGHT & POWER
10/19/92
$6.81
NSP
LIGHT & POWER
101992
MAINT OF COURS
LIGHT & POWER
10/19/92
$162.26
NSP
LIGHT & POWER
101992
ARENA BLDG /GRO
LIGHT & POWER
10/19/92
$205.95
NSP
LIGHT & POWER
101992
PUMP & LIFT ST
LIGHT & POWER
10/19/92
$5,520.20
NSP
LIGHT & POWER
101992
DISTRIBUTION
LIGHT & POWER
10/19/92
$36.26
NSP
LIGHT & POWER
101992
GOLF DOME
LIGHT & POWER
< *>
$6,163.40*
131044
10/19/92
$12.68
NTCC
REPAIR PARTS
4100955
FIRE DEPT. GEN
REPAIR PARTS
3947
< *>
$12.68*
131045
10/19/92
$275.37
NW GRAPHIC SUPPLY
COST OF GOODS SOLD
FO
199984
ART SUPPLY GIF
CST OF GD F00
3996
< *>
$275.37*
131046
10/19/92
$113.96
OFFSET PRINTING
PRINTING
32508
POLICE DEPT. G
PRINTING
4147
< *>
$113.96*
COUNCIL
CHECK REGISTER WED, OCT
14, 1992, 10:29 PM
page 16
CHECK#
DATE
CHECK AMOUNT
VENDOR,
>-----------------------------------------------------------------------------------
DESCRIPTION
INVOICE
PROGRAM
OBJECT
P.O. #
-----------------------------------------
131047
10/19/92
$131.00
- - - - --
OLSEN CHAIN /CABLE
GENERAL SUPPLIES
128705
TREES & MAINTE
GENERAL SUPPL
4053
10/19/92
$221.79
OLSEN CHAIN /CABLE
GENERAL SUPPLIES
128757
TREES & MAINTE
GENERAL SUPPL
4104
<*>
$352.79*
131048
10/19/92
$200.22
OLSON GRAPHIC PRODUC
LAUNDRY
129513
ART CENTER BLD
LAUNDRY
3888
< *>
$200.22*
131049
10/19/92
$75.00
ONISCHUK, JACKIE
MAGAZINE /NEWSLETTER E
101092
COMMUNICATIONS
MAG /NEWSLET E
< *>
$75.00*
131050
10/19/92
$74.00
OTIS SPUNKMEYER INC
COST OF GOODS SOLD FO
9712'
GRILL
CST OF GD F00
9041
< *>
$74.00*
131051
10/19/92
$27.50
PAUSTIS & SONS
COST OF GOODS SOLD MI
26727
YORK SELLING
CST OF GDS MI
< *>
$27.50*
131052
10/19/92
$269.75
PEPSI COLA BOTTLING
COST OF GOODS SOLD MI
SEPT VER
VERNON SELLING
CST OF GDS MI
10/19/92
$478.05
PEPSI COLA BOTTLING
COST OF GOODS SOLD FO
093092
GRILL
CST OF GD F00
10/19/92
$80.00
PEPSI COLA BOTTLING
COST OF GOODS SOLD FO
093092.
CENTENNIAL LAK
CST OF GD FOO
10/19/92
$134.25
PEPSI COLA BOTTLING
COST OF GOODS SOLD MI
SEPT 50T
50TH ST SELLIN
CST OF GDS MI
10,/19/92
$381.90
PEPSI COLA BOTTLING
COST OF GOODS SOLD MI
SEPT YOR
YORK SELLING
CST OF GDS MI
c *>
$1,343.95*
131053
10/19/92
$952.18
PERA
EMPLOYERS SHARE PERA
100592
CENT SVC GENER
EMPLYR SH PER
< *>
$952.18*
131054
10/19/92
$21.00
PETERSON, CHUCK
CONFERENCES & SCHOOLS
100292
LIQUOR 50TH ST
CONF & SCHOOL
10/19/92
$35.00
PETERSON, CHUCK
CONFERENCES & SCHOOLS
100292
LIQUOR YORK GE
CONF & SCHOOL
10/19/92
$21.00
PETERSON, CHUCK
CONFERENCES & SCHOOLS
100292
VERNON LIQUOR
CONF & SCHOOL
< *>
$77.00*
131055
10/19/92
$20.00
PETERSON, DAVID
SERVICES /CENT LAKES
100192
ADMINISTRATION
PROF SERVICES
< *>
$20.00*
131056
10/19/92
$307.25
PHYSIO CONTROL
FIRST AID SUPPLIES
A24819
FIRE DEPT. GEN
FIRST AID SUP
3306
< *>
$307.25*
131057
10/19/92
$49.50
PINNACLE SIGNS & GRA
GENERAL SUPPLIES
1263
BUILDING & GRO
GENERAL SUPPL
< *>
$49.50*
131058
10/19/92
$174.66
PIP PRINTING
PRINTING
11573
ADMINISTRATION
PRINTING
4155
< *>
$174.66*
131059
10/19/92
$736.62
PIPE SERV CORP
CONTRACTED REPAIRS
92 -0043
SEWER TREATMEN
CONTR REPAIRS
4039
10/19/92
$600.92
PIPE SERV CORP
CONTRACTED REPAIRS
92 -0044
SEWER TREATMEN
CONTR REPAIRS
3831
< *>
$1,337.54*
131060
10/19/92
$166.46
PLANT EQUIP INC
REPAIR PARTS
3432
PUMP & LIFT ST
REPAIR PARTS
3941
< *>
$166.46*
131061
10/19/92
$29.90
PLUNKETTS
RIP RAP
465895
ARENA BLDG /GRO
RIP RAP
< *>
$29.90*
131062
10/19/92
$62.50
POISSON DESIGN GROUP
PROFESSIONAL SERVICES
100692
ADMINISTRATION
PROF SERVICES
< *>
$62.50*
COUNCIL
CHECK REGISTER WED,.00T 14, 1992, 10:29 PM
page 17
CHECK*
DATE
CHECK AMOUNT
VENDOR _-.
DESCRIPTION
INVOICE
PROGRAM
OBJECT
P.O. 8
-----------------------------------------------==-----------------------------------------------------------------------------------
131063
10/19/92
$215.00
POSTMASTER
POSTAGE
101292
CENT SVC GENER
POSTAGE
< *>
$215.00*
131064
10/19/92
$860.00
POSTMASTER
BULK MAILING /ART CENT
100992
CENT SVC GENER
POSTAGE
< *>
$860.00*
131065
10/19/92
$60.00
PR NEWSWIRE
ADVERTISING OTHER
544755
ADMINISTRATION
ADVERT OTHER
c *>
$60.00*
131066
10/19/92
$505.87
PRAIRIE EQUIPMENT CO
CONCRETE
10592
STREET RENOVAT
CONCRETE
4062
< *>
$505.87*
131067
10/19/92
$3,358.00
PRECISION DYNAMICS
GENERAL SUPPLIES
204088
POOL TRACK GRE
GENERAL SUPPL
3655
< *>
$3,358.00*
131068
10/19/92
$81.00
PRINTERS SERV INC
EQUIPMENT MAINTENANCE
77718
ARENA ICE MAIN
EQUIP MAINT
< *>
$81.00*
131069
10/19/92
$25.24
PRIOR WINE COMPANY
COST OF GOODS SOLD MI.612805
VERNON SELLING
CST OF GDS MI
10/19/92
$25.24
PRIOR WINE COMPANY
COST OF GOODS SOLD MI
612807
50TH ST SELLIN
CST OF GDS MI
10/19/92
$25.24
PRIOR WINE COMPANY
COST OF GOODS SOLD MI
615213
YORK SELLING
CST OF GDS MI
< *>
$75.72*
131070
10/19/92
$35,179.02
PROGRESSIVE CONTRACT
CONSTR. IN PROGRESS
P -3 PYMT
PARKING /RAMP
CIP
10/19/92
$1,641.60
PROGRESSIVE CONTRACT
CONSTR. IN PROGRESS
92 -5 PYM
BRIDGES
CIP
< *>
$36,820.62*
131071
10/19/92
$50.98
QUALITY WINE
COST OF GOODS SOLD MI
31254
50TH ST SELLIN
CST OF GDS MI
< *>
$50.98*
131072
10/19/92
$206.92
QUIK PRINT
PRINTING
048500
ARENA ADMINIST
PRINTING
4157
< *>
$206.92*
131073
10/19/92
$50.00
QUINLIVAN, MARY
ART WORK SOLD
100992
ART CNTR PROG
RETAIL SALES
< *>
$50.00*
131074
10/19/92
$101.25
R &R SPECIALTIES INC
CONTRACTED REPAIRS
016843
ARENA BLDG /GRO
CONTR REPAIRS
4311
< *>
$101.25*
131075
10/19/92
$131.75
RED WING SHOES
SAFETY EQUIPMENT
287566
GENERAL MAINT
SAFETY EQUIPM
10/19/92
$92.65
RED WING SHOES
GENERAL SUPPLIES
287566
ARENA BLDG /GRO
GENERAL SUPPL
10/19/92
$119.85
RED WING SHOES
SAFETY EQUIPMENT
287566
EQUIPMENT OPER
SAFETY EQUIPM
< *>
$344.25*
131076
10/19/92
$55.38
REEDS SALES & SERV
REPAIR .PARTS
16123
MAINT OF COURS
REPAIR PARTS
3862
< *>
$55.38*
131077
10/19/92
$456.25
REM SUPPLIES
GENERAL SUPPLIES
01857
BUILDING & GRO
GENERAL SUPPL
4156
10/19/92
$132.24
REM SUPPLIES
GENERAL SUPPLIES
01860
BUILDING MAINT
GENERAL SUPPL
4107
10/19/92
$117.50
REM SUPPLIES
GENERAL SUPPLIES
01859
BUILDING MAINT
GENERAL SUPPL
4036
10/19/92
$452.97
REM SUPPLIES
GENERAL SUPPLIES
018662
CENTENNIAL LAK
GENERAL SUPPL
4296
< *>
$1,158.96*
131078
10/19/92
$5,323.80
REX DISTR.
COST OF GOODS SOLD BE
SEPT 50T
50TH ST SELLIN
CST OF GDS BE
10/19/92
$7,792.42
REX DISTR.
COST OF GOODS SOLD BE
SEPT YOR
YORK SELLING
CST OF GDS BE
COUNCIL
CHECK REGISTER WED, OCT
14, 1992, 10:29 PM
page 18
CHECK#
DATE
CHECK AMOUNT
VENDOR
- J - - - - - -
DESCRIPTION
- - - - - - - r - - - - - - - - - - - - - - - - r -
INVOICE
- - - - - r - - -
PROGRAM
- - - - - - - - - - - - - - -
OBJECT
- - - - - - - - - - - - - -
P.O. #
- - - - - - - - - - - - -
131078
10/19/92
--------------------
$72.60
REX DISTR.
COST OF GOODS SOLD MI
SEPT YOR
YORK SELLING
CST OF GDS MI
< *>
$13,188.82*
131079
10/19/92
$1,859.00
RICHFIELD PLUMB CO
CONTRACTED REPAIRS
7746 -1
BUILDING MAINT
CONTR REPAIRS
4209
< *>
$1,859.00*
131080
10/19/92
$11.40
RITZ CAMERA
GENERAL SUPPLIES
50 0160
ENGINEERING GE
GENERAL SUPPL
4127
< *>
$11.40*
131081
10/19/92
$54.25
ROBERT B. HILL
GENERAL SUPPLIES
50157
FIRE DEPT. GEN
GENERAL SUPPL
8896
< *>
$54.25*
131082
10/19/92
$2,582.73
ROLLINS OIL CO
GASOLINE
1979
EQUIPMENT OPER
GASOLINE
3985
10/19/92
$3,947.20
ROLLINS OIL CO
GASOLINE
1978
EQUIPMENT OPER
GASOLINE
3985
10/19/92
$901.21
ROLLINS OIL CO
GASOLINE
2105
MAINT OF COURS
GASOLINE
9379
< *>
$7,431.14*
131083
10/19/92
$20.75
ROSS, FRANK
OVERPAYMENT 6005 VIRG
100992
UTILITY PROG
ACCOUNTS REC.
< *>
$20.75*
131084
10./19/92
$50.83
RUBENSTEIN & ZIFF
CRAFT SUPPLIES
229070
ART CENTER ADM
CRAFT SUPPLIE
4069
< *>
$50.83*
131085
10/19/92
$33.96
S.T. ROBB
GENERAL SUPPLIES
02016
BUILDING MAINT
GENERAL SUPPL
3970
< *>
$33.96*
131086
10/19/92
$138.72
SAFETY KLEEN
HAZ. WASTE DISPOSAL
077328
SUPERV. & OVRH
HAZ. WASTE DI
< *>
$138.72*
131087
10/19/92
$102.98
SAMUELSON, RONALD
MEETING EXPENSE
100292
FIRE DEPT. GEN
MEETING EXPEN
10/19/92
$48.00
SAMUELSON, RONALD
MILEAGE OR ALLOWANCE
100292
FIRE DEPT. GEN
MILEAGE
10/19/92
$15.00
SAMUELSON, RONALD
PROFESS SERVICES -ENGI
100292
FIRE DEPT. GEN
PRO SVC ENGIN
< *>
$165:98*
131088
10/19/92
$171.41
SCHAFER EQUIP CO
GENERAL SUPPLIES
164016
STREET RENOVAT
GENERAL SUPPL
3979
< *>
$171.41*
131089
10/19/92
$90.00
SCHATTAUER, JIM
SERVICES 10/29 EDINBO
080692
ADMINISTRATION
PRO SVC OTHER
< *>
$90.00*
131090
10/19/92
$227.50
SCHMIDT, MICHAEL
AMMUNITION
167296
GUN RANGE
AMMUNITION
4229
< *>
$227.50*
131091
10/19/92
$75.00
SCHULTZ, CINDY
SERVICES 10/27 EDINBO
080792
ADMINISTRATION
PRO SVC OTHER
< *>
$75.00*
131092
10/19/92
$100.00
SHEPARD JOHN
PERSONAL SERVICES
NOVEMBER
RESERVE PROGRA
PERS SERVICES
< *>
$100.00*
131093
10/19/92
$133.35
SHERWIN WILLIAMS
GENERAL SUPPLIES
2790 -7
BRIDGES GUARD
GENERAL SUPPL
3805
<*>
$133.35*
131094
10/19/92
$56.80
SHIRLEY, TOM
POSTAGE
101292
ADMINISTRATION
POSTAGE
10/19/92
$107.05
SHIRLEY, TOM
GENERAL SUPPLIES
101292
BUILDING & GRO
GENERAL SUPPL
< *>
$163.85*
COUNCIL
CHECK REGISTER WED,_OCT
14, 1992, 10:29 PM
page 19
CHECK#
DATE
CHECK AMOUNT
VENDOR ..
DESCRIPTION
INVOICE
PROGRAM
OBJECT
P.O. #
------------------------------------------------------------------------------------------------------------------------------------
131095
10/19/92
$15.00
SIEMS, JEFFERY
LICENSES & PERMITS
100192
FIRE DEPT. GEN
LIC & PERMITS
< *>
$15.00*
131096
10/19/92
$88.85
SIITARI, MICHAEL
UNIFORM ALLOWANCE
100692
POLICE DEPT. G
UNIF ALLOW
< *>
$88.85*
131097
10/19/92
$145.00
SILVER LAKE JACK CO
REPAIR PARTS
8556
EQUIPMENT OPER
REPAIR PARTS
4124
< *>
$145.00*
131098
10/19/92
$18.40
SOKKIA MEASURING SYS
GENERAL SUPPLIES
104069
ADMINISTRATION
GENERAL SUPPL
2997
10/19/92
$34.08
SOKKIA MEASURING SYS
GENERAL SUPPLIES
104097
ENGINEERING GE
GENERAL SUPPL
2997
< *>
$52.48*
131099
10/19/92
$65.00
SORYN, THRACE
CLASS REFUND /ART CENT
100992
ART CNTR PROG
REGISTRATION
< *>
$65.00*
131100
10/19/92
$9,104.20
SOUTHSIDE DISTR. CO.
COST OF GOODS SOLD BE
SEPT -YOR
YORK SELLING
CST OF GDS BE
10/19/92
$234.70
SOUTHSIDE DISTR. CO.
COST OF GOODS SOLD MI
SEPT -YOR
YORK SELLING
CST OF GDS MI
10/19/92
$3,780.50
SOU.THSIDE DISTR. CO.
COST OF GOODS SOLD BE
SEPT -50T
50TH ST SELLIN
CST OF GDS BE
10/19/92
$143.05
SOUTHSIDE DISTR. CO.
COST OF GOODS SOLD MI
SEPT -50T
50TH ST SELLIN
CST OF GDS MI
< *>
$13,262.45*
131101
10/19/92
$12.21
SPS
REPAIR PARTS
1937763
PW BUILDING
REPAIR PARTS
3985
10/19/92
$62.81
SPS
REPAIR PARTS
1939022
BUILDING MAINT
REPAIR PARTS
4044
10/19/92
$60.02
SPS
CONTRACTED REPAIRS
1939023
ARENA BLDG /GRO
CONTR REPAIRS
4095
10/19/92
$15.30
SPS
REPAIR PARTS
1940504
BUILDING & GRO
REPAIR PARTS
4150
10/19/92
$51.91
SPS
REPAIR PARTS
1942406
BUILDING MAINT
REPAIR PARTS
4132
< *>
$202.25*
131102
10/19/92
$56.33
ST JOSEPH'S EQUIPMEN
REPAIR PARTS
SI04687
EQUIPMENT OPER
REPAIR PARTS
4041
< *>
$56.33*
131103
10/19/92
$1,493.60
STAN MORGAN & ASSOCI
MACHINERY & EQUIPMENT
391472
LIQUOR PROG
MACH. & EQUIP
2892
10/19/92
$90.99
STAN MORGAN & ASSOCI
GENERAL SUPPLIES
39404
LIQUOR YORK GE
GENERAL SUPPL
< *>
$1,584.59*
131104
10/19/92
$577.81
STAR TRIBUNE
ADVERTISING PERSONNEL
093092
CENT SVC GENER
ADVERT PERSON
< *>
$577.81*
131105
10/19/92
$31.95
STATE OF MINNESOTA
BOOKS & PHAMPHLETS
100992
ADMINISTRATION
BOOKS & PHAMP
< *>
$31.95*
131106
10/19/92
$292.05
STREICHERS
UNIFORM ALLOWANCE
52481.3
POLICE DEPT. G
UNIF ALLOW
3202
< *>
$292.05*
131107
10/19/92
$249.65
STRGAR - ROSCOE -FAUSH
CONSTR. IN PROGRESS
073192
TRAFFIC SIGNAL
CIP
10/19/92
$346.42
STRGAR - ROSCOE -FAUSH
CONSTR. IN PROGRESS
083192
TRAFFIC SIGNAL
CIP
10/19/92
$153.06
STRGAR - ROSCOE -FAUSH
CONSTR. IN PROGRESS
7
ST. IMPROV BA
CIP
< *>
$749.13*
131108
10/19/92
$9,341.96
STS CONSULTANT LTD
CONSTR. IN PROGRESS
06 -25115
STREET IMPROV.
CIP
< *>
$9,341.96 *.
131109
10/19/92
$3,473.73
SUBURBAN CHEVROLET
CONTRACTED REPAIRS
9204
EQUIPMENT OPER
CONTR REPAIRS
3919
10/19/92
$278.75
SUBURBAN CHEVROLET
CONTRACTED REPAIRS
146998
EQUIPMENT OPER
CONTR REPAIRS
COUNCIL
CHECK REGISTER WED, OCT
14, 1992, 10:29 PM
page 20
CHECK#
DATE
CHECK AMOUNT
VENDOR,...,
I -----------------------------------------------------------------------------------
DESCRIPTION
INVOICE
PROGRAM
OBJECT
P.O. #
------------------------------------------------
<*>
$3,752.48*
131110
10/19/92
$336.54
SUBURBAN PROPANE
GENERAL SUPPLIES
55180
STREET RENOVAT
GENERAL SUPPL
4033
10/19/92
$351.96
SUBURBAN PROPANE
GENERAL SUPPLIES
224953
STREET RENOVAT
GENERAL SUPPL
4058
< *>
$688.50*
131111
10/19/92
$50.00
SULLIVAN. JAMES H
ART WORK SOLD
100992
ART CNTR PROG
RETAIL SALES
< *>
$50.00*
131112
10/19/92
$34.88
SUPERAMERICA
GASOLINE
101292
EQUIPMENT OPER
GASOLINE
< *>
$34.88*
131113
10/19/92
$141.00
SUSAN FRAME
PART TIME OFFICE /ART
100992
ART CENTER ADM
SALARIES TEMP
10/19/92
$7.00
SUSAN FRAME
ART WORK SOLD
100992
ART CNTR PROG
RETAIL SALES
< *>
$148.00*
131114
10/19/92
$100.00
SWANSON HAROLD
PERSONAL SERVICES
NOVEMBER
RESERVE PROGRA
PERS SERVICES
< *>
$100.00*
131115
10/19/92
$242.00
SYSCO MN
GENERAL SUPPLIES
100192
GRILL
GENERAL SUPPL
1285
10/19/92
$329.44
SYSCO MN
CLEANING SUPPLIES
100192
GRILL
CLEANING SUPP
10/19/92
$2,816.75
SYSCO MN
COST OF GOODS SOLD FO
100192
GRILL
CST OF GD FOO
< *>
$3,388.19*
131116
10/19/92
$7.26
TARGET
GENERAL SUPPLIES
093092
PARK ADMIN.
GENERAL SUPPL.
< *>
$7.26*
131117
10/19/92
$497.24
THE BOOKMEN INC
SALES OTHER
91375
ART SUPPLY GIF
SALES OTHER
3890
10/19/92
$326.97
THE BOOKMEN INC
SALES OTHER
91377
ART SUPPLY GIF
SALES OTHER
3777
10/19/92
$326.89
THE BOOKMEN INC
SALES OTHER
91362
ART SUPPLY GIF
SALES OTHER
4074
< *>
$1,151.10*
131118
10/19/92
$334.72
THE HOWE COMPANY
FERTILIZER
2734564
CENTENNIAL LAK
FERTILIZER
4091
10/19/92
$74.54
THE HOWE COMPANY
FERTILIZER
I734668
CENTENNIAL LAK
FERTILIZER
4140
< *>
$409.26*
131119
10/19/92
$66.60
THE KANE SERVICE
PROFESSIONAL SERVICES
4290514
BUILDING & GRO
PROF SERVICES
10/19/92
$155.40
THE KANE SERVICE
PROFESSIONAL SERVICES
4303616
BUILDING & GRO
PROF SERVICES
4320
< *>
$222.00*
131120
10/19/92
$22,732.50
THE PIRKL ASSOC.
CONSTR. IN PROGRESS
093092
GC CIP
CIP
< *>
$22,732.50*
131121
10/19/92
$12,175.46
THOMSEN - NYBECK
SEWER SERVICE METRO
65419
LEGAL SERVICES
SEWER SVC MET
< *>
$12,175.46*
131122
10/19/92
$102.26
TOLL COMPANY
REPAIR PARTS
192643
PUMP & LIFT ST
REPAIR PARTS
< *>
$102.26*
131123
10/19/92
$350.00
TOWN & COUNTRY FENCE
PROFESSIONAL SERVICES
2526.
FIELD MAINTENA
PROF SERVICES
4043
< *>
$350.00*
131124
10/19/92
$168.71
TWIN CITIES WRECKER
EQUIPMENT REPLACEMENT
4671
EQUIPMENT OPER
EQUIP REPLACE
4035
< *>
$168.71*
COUNCIL CHECK REGISTER WED,.;OCT 14, 1992, 10:29 PM
page 21
CHECK#
----------------------------------------------
DATE
CHECK AMOUNT
VENDOR
===-----------------------------------------------------------------------------------
DESCRIPTION
INVOICE
PROGRAM
OBJECT
P.O. #
131125
10/19/92
$59.09
TWIN CITY FILTER
GENERAL SUPPLIES
26374
ARENA BLDG /GRO
GENERAL SUPPL
4100
< *>
$59.09*
131126
10/19/92
$163.95
TWIN CITY GAR. DOOR
CONTRACTED REPAIRS
12022
FIRE DEPT. GEN
CONTR REPAIRS
3732
< *>
$163.95*
131127
10/19/92
$68.55
TWIN CITY HOME JUICE
COST OF GOODS SOLD MI
SEPT VER
VERNON SELLING
CST OF GDS MI
< *>
$68.55*
131128
10/19/92
$754.25
UNIFORM UNLIMITED
UNIFORM ALLOWANCE
093092
RESERVE PROGRA
UNIF ALLOW
10/19/92
$246.52
UNIFORM UNLIMITED
GENERAL SUPPLIES
093092
ANIMAL CONTROL
GENERAL SUPPL
10/19/92
$2,856.86
UNIFORM UNLIMITED
UNIFORM ALLOWANCE
093092
POLICE DEPT. G
UNIF ALLOW
< *>
$3,857.63*
131129
10/19/92
$150.61
UNITED ELECTRIC CORP
REPAIR PARTS
19913700
PW BUILDING
REPAIR PARTS
3942
10/19/92
- $52.45
UNITED ELECTRIC CORP
REPAIR PARTS
93120900
PW BUILDING
REPAIR PARTS
3707
10/19/92
$1,110.46
UNITED ELECTRIC CORP
REPAIR PARTS
93054800
STREET REVOLVI
REPAIR PARTS
3418
< *>
$1,208.62*
131130
10/19/92
$37.83
UNIVERSAL MED SERV
FIRST AID SUPPLIES
772275
FIRE DEPT. GEN
FIRST AID SUP
8899
< *>
$37.83*
131131
10/19/92
$64.00
UNIVERSITY OF MINNES
SERVICE CONTRACTS EQU
100192
CENTENNIAL LAK
SVC CONTR EQU
< *>
$64.00*
131132
10/19/92
$225.00
UNIVERSITY OF MN
CONFERENCES & SCHOOLS
101292
ASSESSING
CONF & SCHOOL
< *>
$225.00*
131133
10/19/92
$479.25
US WEST CELLULAR
EQUIPMENT REPLACEMENT
40 -32310
STREET REVOLVI
EQUIP REPLACE
10/19/92
$5.40
US WEST CELLULAR
TELEPHONE
100192
COMMUNICATIONS
TELEPHONE
< *>
$484.65*
131135
10/19/92
$52.43
US WEST COMM.
TELEPHONE
101992
DARE
TELEPHONE
10/19/92
$118.49
US WEST COMM.
TELEPHONE
101992
FIRE DEPT. GEN
TELEPHONE
10/19/92
$3,801.15
US WEST COMM.
TELEPHONE
101992
CENT SVC GENER
TELEPHONE
10/19/92
$181.20
US WEST COMM.
TELEPHONE
101992
ART CENTER BLD
TELEPHONE
10/19/92
$276.39
US WEST COMM.
TELEPHONE
101992
SKATING & HOCK
TELEPHONE
10/19/92
$46.23
US WEST COMM.
TELEPHONE
101992
BUILDING MAINT
TELEPHONE
10/19/92
$514.74
US WEST COMM.
TELEPHONE
101992
CLUB HOUSE
TELEPHONE
10/19/92
$70.34
US WEST COMM.
TELEPHONE
101992
MAINT OF COURS
TELEPHONE
10/19/92
$1.95
US WEST COMM.
TELEPHONE
101992
POOL OPERATION
TELEPHONE
10/19/92
$53.86
US WEST COMM.
TELEPHONE
101992
ARENA BLDG /GRO
TELEPHONE
10/19/92
$49.75
US WEST COMM.
TELEPHONE
101992
GUN RANGE
TELEPHONE
10/19/92
$101.20
US WEST COMM.
TELEPHONE
101992
CENTENNIAL LAK
TELEPHONE
10/19/92
$142.51
US WEST COMM.
TELEPHONE
101992
PUMP & LIFT ST
TELEPHONE
10/19/92
$591.07
US WEST COMM.
TELEPHONE
101992
DISTRIBUTION
TELEPHONE
10/19/92
$16.06
US WEST COMM.
TELEPHONE
101992
50TH ST OCCUPA
TELEPHONE
10/19/92
$17.18
US WEST COMM.
TELEPHONE
101992
YORK OCCUPANCY
TELEPHONE
10/19/92
$147.74
US WEST COMM.
TELEPHONE
101992
VERNON OCCUPAN
TELEPHONE
< *>
$6,182.29*
131136
10/19/92
$345.00
VALLIERE, JOHN
CONFERENCES & SCHOOLS
100692
ADMINISTRATION
CONF & SCHOOL
< *>
$345.00*
131137
10/19/92
$125.68
VAN PAPER CO.
ADVERTISING OTHER
429434
50TH ST SELLIN
ADVERT OTHER
3498
COUNCIL
CHECK REGISTER WED, OCT 14, 1992, 10:29 PM
page 22
CHECK#
DATE
CHECK AMOUNT
VENDOR
DESCRIPTION
INVOICE
PROGRAM
OBJECT
P.O. #
------------------------------------------------------------------------------------------------------------------------------------
131137
10/19/92
$125.68
VAN PAPER CO.
ADVERTISING OTHER
429434
YORK SELLING
ADVERT OTHER
10/19/92
$125.67
VAN PAPER CO.
ADVERTISING OTHER
429434
VERNON SELLING
ADVERT OTHER
< *>
$377.03*
131138
10/19/92
$25.00'
VELDE, DAVID
CONFERENCES & SCHOOLS
100692 ,
PUBLIC HEALTH
CONF & SCHOOL
< *>
$25.00*
131139
10/19/92
$63.75
VIKING LAB INC
CHEMICALS
62989
POOL TRACK GRE
CHEMICALS
4163
< *>
$63.75*
131140
10/19/92
$272.51
VOSS LIGHTING
REPAIR PARTS
211451
CITY HALL GENE
REPAIR PARTS
3832
< *>
$272.51*
131141
10/19/92
$14.06
W W GRAINGER
REPAIR PARTS
498 -6632
PW BUILDING
REPAIR =PARTS
3969
< *>
$14.06*
131142
10/19/92
$421.74
WALDOR PUMP & EQUIP
REPAIR PARTS
21936
LIFT STATION M
REPAIR PARTS
4112
*
*
131143
10/19/92
$28.52
WALSER FORD
REPAIR PARTS
179841
EQUIPMENT OPER
REPAIR PARTS
3978
10./19/92
$19.80
WALSER FORD
REPAIR PARTS
179833
EQUIPMENT OPER
REPAIR PARTS
3972
< *>
$48.32*
131144
10/19/92
$100.00
WALSH WILLIAM
.PERSONAL SERVICES
NOVEMBER
RESERVE PROGRA
PERS SERVICES.
< *>
$100.00*
131145
10/19/92
$50.00
WAYZATA CHILDREN'S C
SERVICES 10/25 EDINBO,080692
ADMINISTRATION
PRO SVC OTHER
< *>
$50.00*
131146
10/19/92
$206.-92
WEIGLE, SUE
MILEAGE OR ALLOWANCE
092992
PARK ADMIN.
MILEAGE
< *>
$206.92*
131147
10/19/92
$36.00
WEINS.. BETTY ANN
CLASS REFUND
092992
ART CNTR PROG
REGISTRATION
< *>
$36.00*
131148
10/19/92
$1,000.00
WENDY ANDERSON ENTER
PROFESSIONAL SERVICES
100692
ADMINISTRATION
PROF SERVICES
< *>
$1,000.00*
131149
10/19/92
$45.00
WERT, CAPRICE
PROFESSIONAL SERVICES
311591
CLUB HOUSE
PROF SERVICES
3792
< *>
$45.00*
131150
10/19/92
$25.00
WHITE, ELIZABETH
ART WORK SOLD
100992
ART CNTR PROG
RETAIL SALES
< *>
$25.00*
131151
10/19/92
$25.00
WILL, -HOLLY
ART WORK SOLD
100992
ART CNTR PROG
RETAIL SALES
< *>
$25.00*
131152
10/19/92
$480.00
WITZEL TREE MOVING
PLANTINGS & TREES
100592.
TREES & MAINTE
PLANT & TREES
4192
< *>
$480:00*
131153
10/19/92
$17.04
WM H MCCOY
GENERAL SUPPLIES
178651
GENERAL MAINT
GENERAL SUPPL
3134
< *>
$17.04*
131154
10/19/92
$60.86
WORLD CLASS.WINE
COST OF GOODS SOLD WI
13655
VERNON SELLING
CST OF GD WIN
< *>
$60.86*
COUNCIL
CHECK REGISTER WED—OCT
14, 1992, 10:29 PM
page 23
CHECK#
DATE
CHECK AMOUNT
VENDOR
-----------------------------------------------------------------------------------
DESCRIPTION
INVOICE
PROGRAM
OBJECT P.O. #
----------------------------------------
131155
10/19/92
$100.00
- - - - --
WROBLESKI -HENRY
PERSONAL SERVICES
NOVEMBER
RESERVE PROGRA
PERS SERVICES
< *>
$100.00*
131156
10/19/92
$567.28
XEROX CORP
EQUIPMENT RENTAL
03477778
CENT SVC GENER
EQUIP RENTAL
<�>
$567.28*
131157
10/19/92
$123.10
ZEE MEDICAL SERVICE
SAFETY EQUIPMENT
54260922
ARENA ADMINIST
SAFETY EQUIPM
<A>
$123.10*
$643,510.48*
COUNCIL
CHECK SUMMARY
WED, OCT 14, 1992, 10:32 PM page 1
-----------------------------------------
FUND #
10
- - - - -- ------------------------------------------------------------------------------------
$152,840.40
FUND #
11
$35.00
FUND #
12
$5,070.71
FUND #
15
$7,588.83
FUND #
23
$5,057.33
FUND #
26
$267.69
FUND #
27
$41,816.21
FUND #
28
$3,479.33
FUND #
29
$496.37
FUND #
30
$12,063.79
FUND #
40
$20,528.37
FUND #
41
$3,780.53
FUND #
50
$91,890.78
FUND #
60
$298,595.14
$643,510.48-
COUNCIL CHECK REGISTER BY CHECK
NUMBER FRI, OCT 9,
1992, 9:09 PM
page 1
CHECK#
------------------------------------------------------------------------------------------------------------------------------------
DATE
CHECK AMOUNT
VENDOR
DESCRIPTION
INVOICE
PROGRAM
OBJECT
P.O. #
129553
09/08/92
$79.51
SOFTWARE ETC
GENERAL SUPPLIES
01166911
ELECTION
GENERAL SUPPL
< *>
$79.51*
129554
09/08/92
$569.12
E KRAEMER & SONS INC
FILL MATERIAL
28852.
DISTRIBUTION
FILL MATERIAL
< *>
$569.12*
129555
09/08/92
$435.42
MIDWEST ASPHALT COR.
DUMP CONCRETE
1626.
STREET RENOVAT
DUMPING CHARG
09/08/92
$97.08
MIDWEST ASPHALT COR.
DUMP CONCRETE
1626.
STREET RENOVAT
DUMPING CHARG
09/08/92
$150.55
MIDWEST ASPHALT COR.
ASPHALT
1626.
GENERAL MAINT
BLACKTOP
09/08/92
$434.15
MIDWEST ASPHALT COR.
DUMP CONCRETE
1626.
STREET RENOVAT
DUMPING CHARG
09/08/92
$2,048.34
MIDWEST ASPHALT COR.
ASPHALT
1626.
GENERAL MAINT
BLACKTOP
09/08/92
$1,946.93
MIDWEST ASPHALT COR.
ASPHALT
1626.
STREET RENOVAT
GENERAL SUPPL
09/08/92
$630.69
MIDWEST ASPHALT COR.
ASPAHLT
1626.
DISTRIBUTION
BLACKTOP
09/08/92
$688.23
MIDWEST ASPHALT COR.
REPAIR PARTS
1626.
MAINT OF COURS
REPAIR PARTS
09/08/92
$574.68
MIDWEST ASPHALT COR.
SUPPLIES
1626.
PATHS & HARD S
PROF SERVICES
09/08/92
$129.41
MIDWEST ASPHALT COR.
ASPAHLT
1626.
STREET RENOVAT
BLACKTOP
09/08/92
$4,843.12
MIDWEST ASPHALT COR.
ASPHALT
1626.
GENERAL MAINT
BLACKTOP
< *>
$11,978.60*
129556
10/06/92
$608.77
EAGLE WINE
LI19920916
603409
YORK SELLING
CST OF GD WIN
LI1006
*
10/06/92
-$6.09
EAGLE WINE
LI19920916
603409
YORK SELLING
CASH DISCOUNT
LI1006
10/06/92
$97.45
EAGLE WINE
LI19920916
603489
VERNON SELLING
CST OF GD WIN
LI1006
10/06/92
-$0.97
EAGLE WINE
LI19920916
603489
VERNON SELLING
CASH DISCOUNT
LI1006
10/06/92
$63.55
EAGLE WINE
L119920916
603490
50TH ST SELLIN
CST OF GD WIN
LI1006
10/06/92
-50.64
EAGLE WINE
LI19920916
603490
50TH ST SELLIN
CASH DISCOUNT
LI1006
10/06/92
$237.70
EAGLE WINE
LI19920916
603491
YORK SELLING
CST OF GD WIN
LI1006
10/06/92
-$2.38
EAGLE WINE
L119920916
603491
YORK SELLING
CASH DISCOUNT
LI1006
10/06/92
$563.15
EAGLE WINE
L119920916
603502
VERNON SELLING
CST OF GD WIN
LI1006
10/06/92
-$5.63
EAGLE WINE
LI19920916
603502
VERNON SELLING
CASH DISCOUNT
LI1006
10/06/92
$266.15
EAGLE WINE
LI19920916
603503
50TH ST SELLIN
CST OF GD WIN
LI1006
10/06/92
-$2.66
EAGLE WINE
LI19920916
603503
50TH ST SELLIN
CASH DISCOUNT
LI1006
10/06/92
$109.00
EAGLE WINE
LI19920916
604006
50TH ST SELLIN
CST OF GD WIN
LI1006
10/06/92
-$1.09
EAGLE WINE
LI19920916
604006
50TH ST SELLIN
CASH DISCOUNT
LI1006
10/06/92
-$7.65
EAGLE WINE
LI19920916
67258
50TH ST SELLIN
TRADE DISCOUN
LI1006
< *>
$1,918.66*
129557
10/06/92
$186.00
WORLD CLASS WINE
LI19920916
11586
VERNON SELLING
CST OF GD WIN
LI1006
10/06/92
$2.00
WORLD CLASS WINE
LI19920916
11586
VERNON SELLING
CST OF GD WIN
LI1006
10/06/92
$144.00
WORLD CLASS WINE
LI19920916
13584
50TH ST SELLIN
CST OF GD WIN
LI1006
< *>
$332.00*
129558
10/06/92
$150.00
WINE MERCHANTS
LI19920916
3103
VERNON SELLING
CST OF GD WIN
LI1006
10/06/92
$2.00
WINE MERCHANTS
LI19920916
3103
VERNON SELLING
CST OF GD WIN
LI1006
< *>
$152.00*
129559
10/06/92
$222.00
THE WINE COMPANY
LI19920916
2465
YORK SELLING
CST OF GD WIN
LI1006
10/06/92
$2.50
THE WINE COMPANY
LI19920916
2465
YORK SELLING
CST OF GD WIN
LI1006
< *>
$224.50*
129560
10/06/92
$66.00
SALUD AMERICA
L119920916
2953
YORK SELLING
CST OF GD WIN
LI1006
10/06/92
$2.00
SALUD AMERICA
LI19920916
2953
YORK SELLING
CST OF GD WIN
LI1006
<*>
$68.00*
129561
10/06/92
$2,938.48
QUALITY WINE
LI19920916
022148
VERNON SELLING
CST OF GD WIN
LI1006
10/06/92
- $29.38
QUALITY WINE
LI19920916
022148
VERNON SELLING
CASH DISCOUNT
LI1006
COUNCIL CHECK REGISTER BY CHECK NUMBER
CHECK# DATE CHECK AMOUNT
FRI, OCT 9, 1992, 9:09 PM
VENDOR DESCRIPTION
INVOICE PROGRAM OBJECT P.O. #
129561
10/06/92
$1,473.92
QUALITY
WINE
LI19920916
022830
50TH ST
SELLIN
CST
OF GD WIN
LI1006
10/06/92
- $14.74
QUALITY
WINE
LI19920916
022830
50TH ST
SELLIN
CASH
DISCOUNT
LI1006
10/06/92
$215.81
QUALITY
WINE
LI19920916
023026
50TH ST
SELLIN
CST
OF GD LIQ
LI1006
10/06/92
-$4.32
QUALITY
WINE
LI19920916
023026
50TH ST
SELLIN
CASH
DISCOUNT
LI1006
10/06/92
$186.45
QUALITY
WINE
LI19920916
023051
YORK SELLING
CST
OF GD WIN
LI1006
10/06/92
-$1.86
QUALITY
WINE
LI19920916
023051
YORK SELLING
CASH
DISCOUNT
LI1006
10/06/92
$1,912.98
QUALITY
WINE
LI19920916
023280
YORK SELLING
CST
OF GD WIN
LI1006
10/06/92
- $19.13
QUALITY
WINE
L119920916
023280
YORK SELLING
CASH
DISCOUNT
LI1006
10/06/92
- $15.25
QUALITY
WINE
LI19920916
021378
YORK SELLING
CST
OF GD WIN
LI1006
10/06/92
$15.25
QUALITY
WINE
LI19920916
021378
YORK SELLING
CST
OF GD WIN
LI1006
10/06/92
- $15.25
QUALITY
WINE
LI19920916
021378
YORK SELLING
TRADE DISCOUN
LI1006
<•>
$6,642.96'
129562
10/06/92
$40.00
PRIOR WINE COMPANY
LI19920916
603499
VERNON
SELLING
CST
OF GD WIN
LI1006
10/06/92
-$0.40
PRIOR WINE COMPANY
LI19920916
603499
VERNON
SELLING
CASH
DISCOUNT
LI1006
10/06/92
$913.22
PRIOR WINE COMPANY
LI19920916
603534
VERNON
SELLING
CST
OF GD WIN
LI1006
10/06/92
-$9.13
PRIOR WINE COMPANY
LI19920916
603534
VERNON
SELLING
CASH
DISCOUNT
LI1006
10/06/92
$566.88
PRIOR WINE COMPANY
LI19920916
603535
YORK SELLING
CST
OF GD WIN
LI1006
10/06/92
-55.67
PRIOR WINE COMPANY
LI19920916
603535
YORK SELLING
CASH
DISCOUNT
LI1006
10/06/92
$571.81
PRIOR WINE COMPANY
LI19920916
603567
50TH ST
SELLIN
CST
OF GD WIN
LI1006
10/06/92
-$5.72
PRIOR WINE COMPANY
LI19920916
603567
50TH ST
SELLIN
CASH
DISCOUNT
LI1006
<�>
$2,070.99'
129563
10/06/92
$178.05
JOHNSON
WINE
CO.
LI19920916
7678527
VERNON
SELLING
CST
OF GO WIN
LI1006
10/06/92
$5.50
JOHNSON
WINE
CO.
LI19920916
7678527
VERNON
SELLING
CST
OF GD WIN
LI1006
10/06/92
-$1.76
JOHNSON
WINE
CO.
LI19920916
7678527
VERNON
SELLING
CASH DISCOUNT
LI1006
10/06/92
$697.06
JOHNSON
WINE
CO.
LI19920916
7678535
VERNON
SELLING
CST
OF GD WIN
LI1006
10/06/92
$14.00
JOHNSON
WINE
CO.
LI19920916
7678535
VERNON
SELLING
CST
OF GD WIN
LI1006
10/06/92
-$7.01
JOHNSON
WINE
CO.
LI19920916
7678535
VERNON
SELLING
CASH DISCOUNT
LI1006
10/06/92
$313.58
JOHNSON
WINE
CO.
LI19920916
7678519
VERNON
SELLING
CST
OF GD WIN
LI1006
10/06/92
$2.00
JOHNSON
WINE
CO.
LI19920916
7678519
VERNON
SELLING
CST
OF GD WIN
LI1006
'10/06/92
-53.14
JOHNSON
WINE
CO.
LI19920916
7678519
VERNON
SELLING
CASH DISCOUNT
LI1006
10/06/92
$965.76
JOHNSON
WINE
CO.
LI19920916
7678485
VERNON
SELLING
CST
OF GD WIN
LI1006
10/06/92
$9.00
JOHNSON
WINE
CO.
LI19920916
7678485
VERNON
SELLING
CST
OF GD WIN
LI1006
10/06/92
-$9.65
JOHNSON
WINE
CO.
LI19920916
7678485
VERNON
SELLING
CASH DISCOUNT
LI1006
10/06/92
$181.30
JOHNSON
WINE
CO.
LI19920916
7678477
VERNON
SELLING
CST
OF GD WIN
LI1006
10/06/92
$2.00
JOHNSON
WINE
CO.
LI19920916
7678477
VERNON
SELLING
CST
OF GO WIN
LI1006
10/06/92
-$1.82
JOHNSON
WINE
CO.
LI19920916
7678477
VERNON
SELLING
CASH DISCOUNT
LI1006
10/06/92
- $181.30
JOHNSON
WINE
CO.
LI19920916
7678477
VERNON
SELLING
CST
OF GD WIN
LI1006
10/06/92
-$2.00
JOHNSON
WINE
CO.
LI19920916
7678477
VERNON
SELLING
CST
OF GD WIN
LI1006
10/06/92
$1.82
JOHNSON
WINE
CO.
LI19920916
7678477
VERNON
SELLING
CASH DISCOUNT
LI1006
10/06/92
$181.38
JOHNSON
WINE
CO.
LI19920916
7678477
VERNON
SELLING
CST
OF GD WIN
LI1006
10/06/92
$2.00
JOHNSON
WINE
CO.
LI19920916
7678477
VERNON
SELLING
CST
OF GO WIN
LI1006
10/06/92
-$1.82
JOHNSON
WINE
CO.
L119920916
7678477
VERNON
SELLING
CASH DISCOUNT
LI1006
10/06/92
- $78.46
JOHNSON
WINE
CO.
LI19920916
7655855
VERNON
SELLING
CST
OF GD WIN
LI1006
10/06/92
$3,551.27
JOHNSON
WINE
CO.
LI19920916
7678501
VERNON
SELLING
CST
OF GD LIQ
LI1006
10/06/92
$16.08
JOHNSON
WINE
CO.
LI19920916
7678501
VERNON
SELLING
CST
OF GO LIQ
LI1006
10/06/92
- $71.03
JOHNSON
WINE
CO.
LI19920916
7678501
VERNON
SELLING
CASH DISCOUNT
LI1006
10/06/92
$464.79
JOHNSON
WINE
CO.
LI19920916
7678493
VERNON
SELLING
CST
OF GD LIQ
LI1006
10106/92
$4.00
JOHNSON
WINE
CO.
LI19920916
7678493
VERNON
SELLING
CST
OF GD LIQ
LI1006
10/06/92
-$9.29
JOHNSON
WINE
CO.
LI19920916
7678493
VERNON
SELLING
CASH DISCOUNT
LI1006
10/06/92
$77.51
JOHNSON
WINE
CO.
LI19920916
7678543
50TH ST
SELLIN
CST
OF GD WIN
LI1006
10/06/92
$1.00
JOHNSON
WINE
CO.
LI19920916
7678543
50TH ST
SELLIN
CST
OF GD WIN
LI1006
10/06/92
-$0.78
JOHNSON
WINE
CO.
LI19920916
7678543
50TH ST
SELLIN
CASH DISCOUNT
LI1006
10/06/92
$142.36
JOHNSON
WINE
CO.
LI19920916
7678576
50TH ST
SELLIN
CST
OF GD WIN
LI1006
page 2
COUNCIL CHECK REGISTER BY CHECK NUMBER
CHECK# DATE CHECK AMOUNT
FRI, OCT 9, 1992, 9:09 PM
VENDOR DESCRIPTION
INVOICE PROGRAM OBJECT P.O. 8
page 3
------------------------------------------------------------------------------------------------------------------------------------
129563
10/06/92
$4.00
JOHNSON WINE
CO.
LI19920916
7678576
50TH
ST SELLIN
CST
OF GD WIN
LI1006
10/06/92
-$1.40
JOHNSON WINE
CO.
LI19920916
7678576
50TH
ST SELLIN
CASH
DISCOUNT
LI1006
10/06/92
$375.44
JOHNSON WINE
CO.
LI19920916
7678550
50TH
ST SELLIN
CST
OF GD WIN
LI1006
10/06/92
$5.00
JOHNSON WINE
CO.
LI19920916
7678550
50TH
ST SELLIN
CST
OF GD WIN
LI1006
10/06/92
-$3.77
JOHNSON WINE
CO.
LI19920916
7678550
50TH
ST SELLIN
CASH
DISCOUNT
LI1006
10/06/92
$1,859.01
JOHNSON WINE
CO.
LI19920916
7678568
50TH
ST SELLIN
CST
OF GD LIQ
LI1006
10/06/92
$9.00
JOHNSON WINE
CO.
LI19920916
7678568
50TH
ST SELLIN
CST
OF GD LIQ
LI1006
10/06/92
- $37.17
JOHNSON WINE
CO.
LI19920916
7678568
50TH
ST SELLIN
CASH
DISCOUNT
LI1006
10/06/92
$259.28
JOHNSON WINE
CO.
LI19920916
7678584
50TH
ST SELLIN
CST
OF GD WIN
LI1006
10/06/92
$6.00
JOHNSON WINE
CO.
LI19920916
7678584
50TH
ST SELLIN
CST
OF GD WIN
LI1006
10/06/92
-$2.62
JOHNSON WINE
CO.
LI19920916
7678584
50TH
ST SELLIN
CASH
DISCOUNT
LI1006
10/06/92
- $11.35
JOHNSON WINE
CO.
LI19920916
7639180
YORK
SELLING
CST
OF GD WIN
LI1006
10/06/92
$214.88
JOHNSON WINE
CO.
LI19920916
7678592
YORK
SELLING
CST
OF GD WIN
LI1006
10/06/92
$3.00
JOHNSON WINE
CO.
LI19920916
7678592
YORK
SELLING
CST
OF GD WIN
LI1006
10/06/92
-$2.16
JOHNSON WINE
CO.
LI19920916
7678592
YORK
SELLING
CASH
DISCOUNT
LI1006
10/06/92
$522.27
JOHNSON WINE
CO.
LI19920916
7678600
YORK
SELLING
CST
OF GD WIN
LI1006
10/06/92
$6.00
JOHNSON WINE
CO.
LI19920916
7678600
YORK
SELLING
CST
OF GD WIN
LI1006
10/06/92
-$5.23
JOHNSON WINE
CO.
LI19920916
7678600
YORK
SELLING
CASH
DISCOUNT
LI1006
10/06/92
$296.16
JOHNSON WINE
CO.
LI19920916
7678626
YORK
SELLING
CST
OF GD WIN
LI1006
10/06/92
$8.00
JOHNSON WINE
CO.
LI19920916
7678626
YORK
SELLING
CST
OF GD WIN
LI1006
10/06/92
-$2.98
JOHNSON WINE
CO.
LI19920916
7678626
YORK
SELLING
CASH
DISCOUNT
LI1006
10/06/92
$724.75
JOHNSON WINE
CO.
LI19920916
7678634
YORK
SELLING
CST
OF GD WIN
LI1006
10/06/92
$14.50
JOHNSON WINE
CO.
LI19920916
7678634
YORK
SELLING
CST
OF GD WIN
LI1006
10/06/92
-$7.27
JOHNSON WINE
CO.
LI19920916
7678634
YORK
SELLING
CASH
DISCOUNT
LI1006
10/06/92
$4,593.98
JOHNSON WINE
CO.
LIIQ920916
7678619
YORK
SELLING
CST
OF GD LIQ
LI1006
10/06/92
$21.58
JOHNSON WINE
CO.
LI19920916
7678618
YORK
SELLING
CST
OF GD LIQ
LI1006
10/06/92
- $91.88
JOHNSON WINE
CO.
LI19920916
7678618
YORK
SELLING
CASH
DISCOUNT
LI1006
10/06/92
$644.70
JOHNSON WINE
CO.
LI19920916
7687643
VERNON SELLING
CST
OF GD LIQ
LI1006
10/06/92
- $12.89
JOHNSON WINE
CO.
LI19920916
7687643
VERNON SELLING
CASH
DISCOUNT
LI1006
< ">
$15,831.23-
129564
10/06/92
- $5,776.22
GRIGGS COOPER
& CO.
604197
YORK
SELLING
CASH
DISCOUNT
10/06/92
$115.52
GRIGGS COOPER
& CO.
604197
YORK
OCCUPANCY
CST
OF GD LIQ
10/06/92
$124.62
GRIGGS COOPER
& CO.
LI19920916
88179
50TH
ST SELLIN
CST
OF GD LIQ
LI1006
10/06/92
-$2.49
GRIGGS COOPER
& CO.
LI19920916
88179
50TH
ST SELLIN
CASH
DISCOUNT
LI1006
10/06/92
$3,175.01
GRIGGS COOPER
& CO.
LI19920916
604195
VERNON SELLING
CST
OF GD LIQ
LI1006
10/06/92
- $63.50
GRIGGS COOPER
& CO.
LI19920916
604195
VERNON SELLING
CASH
DISCOUNT
LI1006
10/06/92
$1,392.12
GRIGGS COOPER
& CO.
LI19920916
604196
50TH
ST SELLIN
CST
OF GD LIQ
LI1006
10/05/92
- $27.84
GRIGGS COOPER
& CO.
LI19920916
604196
50TH
ST SELLIN
CASH
DISCOUNT
LI1006
10/06/92
$5,776.22
GRIGGS COOPER
& CO.
LI19920916
604197
YORK
SELLING
CST
OF GD LIQ
LI1006
10/06/92
- $115.52
GRIGGS COOPER
& CO.
LI19920916
604197
YORK
SELLING
CASH
DISCOUNT
LI1006
10/06/92
$5,776.22
GRIGGS COOPER
& CO.
LI19920916
604197
YORK
SELLING
CST
OF GD LIQ
LI1006
10/06/92
- $115.52
GRIGGS COOPER
& CO.
LI19920916
604197
YORK
SELLING
CASH
DISCOUNT
LI1006
10/06/92
$592.10
GRIGGS COOPE7
& CO.
LI19920916
604208
YORK
SELLING
CST
OF GD LIQ
LI1006
10/06/92
- $11.84
GRIGGS COOPER
& CO.
LI19920916
604208
YORK
SELLING
CASH
DISCOUNT
LI1006
<3%>
$10,838.88"
129565
10/06/92
$1,020.14
ED PHILLIPS &
SONS
LI19920916
30606
VERNON SELLING
CST
OF GD WIN
LI1006
10/06/92
$776.85
ED PHILLIPS &
SONS
LI19920916
30820
VERNON SELLING
CST
OF GD LIQ
LI1006
10/06/92
- $15.54
ED PHILLIPS &
SONS
LI19920916
30820
VERNON SELLING
CASH
DISCOUNT
LI1006
10/06/92
$716.76
ED PHILLIPS &
SONS
LI19920916
30944
VERNON SELLING
CST
OF GD WIN
LI1006
10/06/92
$1,553.85
ED PHILLIPS &
SONS
LI19920916
30728
VERNON SELLING
CST
OF GD WIN
LI1006
10/06/92
$231.40
ED PHILLIPS &
SONS
LI19920916
30943
VERNON SELLING
CST
OF GD WIN
LI1006
10/06/92
$33.60
ED PHILLIPS &
SONS
LI19920916
22119
50TH
ST SELLIN
CST
OF GD WIN
LI1006
10/06/92
- $91.00
ED PHILLIPS &
SONS
LI19920916
137964
50TH
ST SELLIN
CST
OF GD WIN
LI1006
COUNCIL
CHECK REGISTER BY CHECK
NUMBER FRI,
OCT 9,
1992, 9:09 PM
page 4
CHECK#
DATE
CHECK AMOUNT
VENDOR
DESCRIPTION
INVOICE
PROGRAM
OBJECT
P.O. #
------------------------------------------------------------------------------------------------------------------------------------
129565
10/06/92
$99.40
ED PHILLIPS
& SONS
LI19920916
30916
50TH
ST SELLIN
CST OF GD WIN
LI1006
10/06/92
$210.60
ED PHILLIPS
& SONS
LI19920916
30707
50TH
ST SELLIN
CST OF GD WIN
LI1006
10/06/92
$83.15
ED PHILLIPS
& SONS
LI19920916
30808
50TH
ST SELLIN
CST OF GD LIQ
LI1006
10/06/92
-$1.66
ED PHILLIPS
& SONS
LI19920916
30808
50TH
ST SELLIN
CASH DISCOUNT
LI1006
10/06/92
$806.80
ED PHILLIPS
& SONS
LI19920916
30687
50TH
ST SELLIN
CST OF GD WIN
LI1006
10/06/92
$109.40
ED PHILLIPS
& SONS
LI19920916
30389
YORK
SELLING
CST OF GD WIN
LI1006
10/06/92
$229.30
ED PHILLIPS
& SONS
LI19920916
30724
YORK
SELLING
CST OF GD WIN
LI1006
10/06/92
$698.70
ED PHILLIPS
& SONS
LI19920916
30819
YORK
SELLING
CST OF GD LIQ
LI1006
10/06/92
- $13.97
ED PHILLIPS
& SONS
LI19920916
30819
YORK
SELLING
CASH DISCOUNT
LI1006
10/06/92
$228.11
ED PHILLIPS
& SONS
LI19920916
30388
YORK
SELLING
CST OF GD LIQ
LI1006
10/06/92
-$4.56
ED PHILLIPS
& SONS
LI19920916
30388
YORK
SELLING
CASH DISCOUNT
LI1006
10/06/92
$560.85
ED PHILLIPS
& SONS
LI19920916
30919
YORK
SELLING
CST OF GD WIN
LI1006
10/06/92
$740.55
ED PHILLIPS
& SONS
LI19920916
30692
YORK
SELLING
CST OF GD WIN
LI1006
10/06/92
- $59.00
ED PHILLIPS
& SONS
LI19920916
138092
YORK
SELLING
CST OF GD WIN
LI1006
10/06/92
$51.60
ED PHILLIPS
& SONS
LI19920916
31247
YORK
SELLING
CST OF GD WIN
LI1006
10/06/92
-$3.80
ED PHILLIPS
& SONS
LI19920916
138018
VERNON SELLING
TRADE DISCOUN
LI1006
< *>
$7,961.53*
129566
09/10/92
$200,000.00
CITY OF EDINA
PAYROLL TRANSFER
090992
LIQUOR PROG
CASH
09/10/92
- $200,000.00
CITY OF EDINA
ASPHALT
090992
LIQUOR PROG
CASH
< *>
$0.00*
129567
09/15/92
$20,590.66
FIDELITY BANK
PAYMENT
091592
GENERAL FD PRO
PAYROLL PAYAB
< *>
$20,590.66*
129568
10/06/92
$127.10
EAGLE WINE
LI19920918
605906
YORK
SELLING
CST OF GD WIN
LI1006
10/06/92
-$1.27
EAGLE WINE
LI19920918
605906
YORK
SELLING
CASH DISCOUNT
LI1006
10/06/92
$443.44
EAGLE WINE
LI19920918
605922
YORK
SELLING
CST OF GD WIN
LI1006
10/06/92
-$4.43
EAGLE WINE
LI19920919
605922
YORK
SELLING
CASH DISCOUNT
LI1006
10/06/92
$133.80
EAGLE WINE
L119920918
605971
VERNON SELLING
CST OF GD WIN
LI1006
10/06/92
-$1.34
EAGLE WINE
LI19920918
605971
VERNON SELLING
CASH DISCOUNT
LI1006
10/06/92
$1,050.27
EAGLE WINE
LI19920918
606010
VERNON SELLING
CST OF GD WIN
LI1006
10/06/92
- $10.50
EAGLE WINE
LI19920918
606010
VERNON SELLING
CASH DISCOUNT
LI.1006
10/06/92
$33.90
EAGLE WINE
LI19920918
606037
50TH
ST SELLIN
CST OF GD WIN
LI1006
10/06/92
-$0.34
EAGLE WINE
LI19920918
606037
50TH
ST SELLIN
CASH DISCOUNT
LI1006
10;06/92
$62.70
EAGLE WINE
LI19920918
606042
50TH
ST SELLIN
CST OF GD'WIN
LI1006
10/06/92
-$0.63
EAGLE WINE
L119920918
606042
50TH
ST SELLIN
CASH DISCOUNT
LI1006
10/06/92
$103.00
EAGLE WINE
L119920918
606855
YORK
SELLING
CST OF GD WIN
LI1006
10/06/92
-$1.03
EAGLE WINE
L119920918
606855
YORK
SELLING.
CASH DISCOUNT
LI1006
10/06/92
$206.00
EAGLE WINE
L119920918
606856
VERNON SELLING
CST OF GD WIN
LI1006
10/06/92
-$2.06
EAGLE WINE
LI19920918
606856
VERNON SELLING
CASH DISCOUNT
LI1006
< *>
$2,138.61*
129569
10/06/92
$901.40
ED PHILLIPS
& SONS
LI19920918
32373
YORK
SELLING
CST OF GD LIQ
LI1006
10/06/92
- $18.03
ED PHILLIPS
& SONS
LI19920918
32373
YORK
SELLING
CASH DISCOUNT
LI1006
10/06/92
$93.50
ED PHILLIPS
& SONS
LI19920918
32376
YORK
SELLING
CST OF GD LIQ
LI1006
10/06/92
-$1.87
ED PHILLIPS
& SONS
LI19920918
32376
YORK
SELLING
CASH DISCOUNT
LI1006
10/06/92
$489.55
ED PHILLIPS
& SONS
LI19920918
32375
YORK
SELLING
CST OF GD WIN
LI1006
10/06/92
$489.65
ED PHILLIPS
& SONS
LI19920918
32372
YORK
SELLING
CST OF GD WIN
LI1006
10/06/92
$634.60
ED PHILLIPS
& SONS
LI19920918
32374
YORK
SELLING
CST OF GO WIN
LI1006
10/06/92
$99.40
ED PHILLIPS
& SONS
LI19920918
32360
50TH
ST SELLIN
CST OF GD WIN
LI1006
10/06/92
5376.70
ED PHILLIPS
& SONS
L119920918
32359
50TH
ST SELLIN
CST OF GD WIN
LI1006
10/06/92
$369.55
ED PHILLIPS
& SONS
L119920918
32358
50TH
ST SELLIN
CST OF GD LIQ
LI1006
10/06/92
-$7.39
ED PHILLIPS
& SONS
LI19920918
32358
50TH
ST SELLIN
CASH DISCOUNT
LI1006
10/06/92
$227.98
ED PHILLIPS
& SONS
LI19920918
32361
50TH
ST SELLIN
CST OF GD LIQ
LI1006
COUNCIL CHECK REGISTER BY CHECK NUMBER
CHECK# DATE CHECK AMOUNT
C�
FRI, OCT 9, 1992, 9:09 PM
VENDOR DESCRIPTION INVOICE PROGRAM
129569
10/06/92
-$4.56
ED PHILLIPS & SONS
LI19920918
32361
50TH
ST SELLIN
CST
10/06/92
$251.40
ED PHILLIPS & SONS
LI19920918
323507
50TH
ST SELLIN
CST
10/06/92
- $251.40
ED PHILLIPS & SONS
LI19920918
323507
50TH
ST SELLIN
10/06/92
$251.40
ED PHILLIPS & SONS
L119920918
32357
50TH
ST SELLIN
10/06/92
$492.00
ED PHILLIPS & SONS
LI19920918
32381
VERNON SELLING
10/06/92
$702.15
ED PHILLIPS & SONS
LI19920918
32382
VERNON SELLING
10/06/92
$119.00
ED PHILLIPS & SONS
LI19920918
32383
VERNON SELLING
10/06/92
-$2.38
ED PHILLIPS & SONS
LI19920918
32383
VERNON SELLING
10/06/92
$587.30
ED PHILLIPS & SONS
LI19920918
32379
VERNON SELLING
10/06/92
$1,041.60
ED PHILLIPS & SONS
LI19920918
32380
VERNON SELLING
10/06/92
- $20.83
ED PHILLIPS & SONS
LI19920918
32380
VERNON SELLING
10/06/92
-$4.23
ED PHILLIPS & SONS
LI19920918
138212
VERNON SELLING
< *>
$6,816.49*
129570
10/06/92
$4,608.99
GRIGGS COOPER & CO.
LI19920918
606209
VERNON SELLING
10/06/92
- $92.18
GRIGGS COOPER & CO.
LI19920918
606209
VERNON SELLING
10/06/92
$459.31
GRIGGS COOPER & CO.
LI19920918
606210
VERNON SELLING
10/06/92
-$9.19
GRIGGS COOPER & CO.
LI19920918
606210
VERNON SELLING
10/06/92
$2,844.22
GRIGGS COOPER & CO.
LI19920918
606211
50TH
ST SELLIN
18/06/92
- $56.88
GRIGGS COOPER & CO.
LI19920918
606211
50TH
ST SELLIN
10/06/92
$6,540.64
GRIGGS COOPER & CO.
LI19920918
606212
YORK
SELLING
10/06/92
- $130.81
GRIGGS COOPER & CO.
LI19920918
606212
YORK
SELLING
10/06/92
$1,177.97
GRIGGS COOPER & CO.
LI19920918
606213
YORK
SELLING
10/06/92
-$23.56
GRIGGS COOPER & CO.
LI19920918
606213
YORK
SELLING
< *>
$15,318.51*
129571
10/06/92
$141.75
JOHNSON WINE CO.
LI19920918
7710320
YORK
SELLING
10/06/92
$1.50
JOHNSON WINE CO.
LI19920918
7710320
YORK
SELLING
10/06/92
-$1.42
JOHNSON WINE CO.
LI19920918
7710320
YORK
SELLING
10/06/92.
$702.60
JOHNSON.WINE CO.
LI19920918
7702814
YORK
SELLING
10/06/92
$9.50
JOHNSON WINE CO.
L119920918
7702814
YORK
SELLING
10/06/92
-$7.04
JOHNSON WINE CO.
LI19920918
7702814
YORK
SELLING
10/06/92
$6,276.99
JOHNSON WINE CO.
LI19920918
7702830
YORK
SELLING
10/06/92
$37.00
JOHNSON WINE CO.
LI19920918
7702830
YORK
SELLING
10/06/92
- $125.56
JOHNSON WINE CO.
LI19920918
7702830
YORK
SELLING
10/06/92
$462.06
JOHNSON WINE CO.
LI19920918
7702848
YORK
SELLING
10/06/92
$2.00
JOHNSON WINE CO.
LI19920918
7702848
YORK
SELLING
10/06/92
-$4.62
JOHNSON WINE CO.
LI19920918
7702848
YORK
SELLING
10/06/92
$790.39
JOHNSON WINE CO.
LI19920918
7702822
YORK
SELLING
10/06/92
$18.50
JOHNSON WINE CO.
L119920918
7702822
YORK
SELLING
10/06/92
-$7.91
JOHNSON WINE CO.
LI19920918
7702822
YORK
SELLING
10/06/92
$110.25
JOHNSON WINE CO.
LI19920918
7701287
50TH
ST SELLIN
10/06/92
$2.00
JOHNSON WINE CO.
LI19920918
7701287
50TH
ST SELLIN
10/06/92
-$1.11
JOHNSON WINE CO.
LI19920918
7701287
50TH
ST SELLIN
10/06/92
$4,469.49
JOHNSON WINE CO.
LI19920918
7701303
50TH
ST SELLIN
10/06/92
$17.50
JOHNSON WINE CO.
LI19920918
7701303
50TH
ST SELLIN
10/06/92
- $89.41
JOHNSON WINE CO.
LI19920918
7701303
50TH
ST SELLIN
10/06/92
$222.46
JOHNSON WINE CO.
L119920918
7701295
50TH
ST SELLIN
10/06/92
$2.50
JOHNSON WINE CO.
LI19920918
7701295
50TH
ST SELLIN
10/06/92
-$2.23
JOHNSON WINE CO.
LI19920918
7701295
50TH
ST SELLIN
10/06/92
$108.08
JOHNSON WINE CO.
LI19920918
7701311
50TH
ST SELLIN
10/06/92
$0.50
JOHNSON WINE CO.
LI19920918
7701311
50TH
ST SELLIN
10/06/92
-$1.08
JOHNSON WINE CO.
L119920918
7701311
50TH
ST SELLIN
10/06/92
$9,111.12
JOHNSON WINE CO.
LI19920918
7701261
VERNON SELLING
10/06/92
$47.29
JOHNSON WINE CO.
LI19920918
7701261
VERNON SELLING
r
OBJECT P.O. #
CASH
DISCOUNT
CST
OF GD WIN
CST
OF GD WIN
CST
OF GD WIN
CST
OF GD WIN
CST
OF GD WIN
CST
OF GD LIQ
CASH
DISCOUNT
CST
OF GD WIN
CST
OF GD LIQ
CASH
DISCOUNT
TRADE
DISCOUN
CST OF GD LIQ
CASH DISCOUNT
CST OF GD LIQ
CASH DISCOUNT
CST OF GD LIQ
CASH DISCOUNT
CST OF GD LIQ
CASH DISCOUNT
CST OF GD LIQ
CASH DISCOUNT
CST OF GD WIN
CST OF GD WIN
CASH DISCOUNT
CST OF GD WIN
CST OF GO WIN
CASH DISCOUNT
CST OF GD LIQ
CST OF GD LIQ
CASH DISCOUNT
CST OF GD WIN
CST OF GD WIN
CASH DISCOUNT
CST OF GD WIN
CST OF GD WIN
CASH DISCOUNT
CST OF GD WIN
CST OF GD WIN
CASH DISCOUNT
CST OF GD LIQ
CST OF GD LIQ
CASH DISCOUNT
CST OF GO WIN
CST OF GD WIN
CASH DISCOUNT
CST OF GD WIN
CST OF GD WIN
CASH DISCOUNT
CST OF GD LIQ
CST OF GD LIQ
LI1006
LI1006
LI1006
LI1006
LI1006
LI1006
LI1006
LI1006
LI1006
LI1006
LI1006
LI1006
LI1006
LI1006
LI1006
LI1006
LI1006
LI1006
LI1006
LI1006
LI1006
LI1006
LI1006
LI1006
LI1006
LI1006
LI1006
LI1006
LI1006
LI1006
LI1006
LI1006
LI1006
LI1006
LI1006
LI1006
L I.1006
LI1006
LI1006
LI1006
LI1006
LI1006
LI1006
LI1006
LI1006
LI1006
LI1006
LI1006
LI1006
LI1006
LI1006
page 5
COUNCIL
CHECK REGISTER BY CHECK
NUMBER
FRI. OCT 9,
1992, 9:09 PM
page 6
CHECK#
DATE
CHECK AMOUNT
VENDOR
DESCRIPTION
INVOICE
PROGRAM
OBJECT
P.O. #
------------------------------------------------------------------------------------------------------------------------------------
129571
10/06/92
- $182.25
JOHNSON
WINE CO.
LI19920918
7701261
VERNON SELLING
CASH DISCOUNT
LI1006
10/06/92
$52.56.
JOHNSON
WINE CO.
LI19920918
7701238
VERNON SELLING
CST OF GD WIN
LI1006
10/06/92
$1.50
JOHNSON
WINE CO.
LI19920918
7701238
VERNON SELLING
CST OF GD WIN
LI1006
10/06/92
-$0.53
JOHNSON
WINE CO.
LI19920918
7701238
VERNON SELLING
CASH DISCOUNT
LI1006
10/06/92
$820.75
JOHNSON
WINE CO.
LI19920918
7701253
VERNON SELLING
CST "-: GD WIN
LI1006
10/06/92
$5.00
JOHNSON
WINE CO.
L119920918
7701253
VERNON SELLING
CST 1F GD WIN
LI1006
10/06/92
-$8.22
JOHNSON
WINE CO.
LI19920918
7701253
VERNON SELLING
CASH DISCOUNT
LI1006
10/06/92
$155.55
JOHNSON
WINE CO.
L119920918
7701279
VERNON SELLING
CST OF GD WIN
L11006
10/06/92
$1.00
JOHNSON
WINE CO.
LI19920918
7701279
VERNON SELLING
CST OF GD WIN
L11006
10/06/92
-$1.55
JOHNSON
WINE CO.
LI19920918
7701279
VERNON SELLING
CASH DISCOUNT
LI1006
10/06/92
$433.21
JOHNSON
WINE CO.
LI19920918
7701246
VERNON SELLING
CST OF ,GD WIN
LI1006
10/06/92
$9.50
JOHNSON
WINE CO.
LI19920918
7701246
VERNON SELLING
CST OF GD WIN
L11006
10/06/92
-$4.33
JOHNSON
WINE CO.
LI19920918
7701246
VERNON SELLING
CASH DISCOUNT
LI1006
10/06/92
$532.63
JOHNSON
WINE CO.
LI19920918
7379100
VERNON SELLING
CST OF GO WIN
LI1006
10/06/92
$6.00
JOHNSON
WINE CO.
L119920918
7379100
VERNON SELLING
CST OF GD WIN
LI1006
10/06/92
JOHNSON
WINE CO.
LI19920918
7379100
VERNON SELLING
CASH DISCOUNT
LI1006
<k>
$24,108.59"
129572
10/06/92
$521.00
PAUSTIS
& SONS
LI19920921
26145
VERNON SELLING
CST OF GD WIN
LI1006
10/06/92
$8.00
PAUSTIS
& SONS
LI19920921
26145
- VERNON SELLING
CST OF GD WIN
LI1006
10/06/92
$165.00
PAUSTIS
& SONS
L119920921
26146
50TH ST SELLIN
CST OF GD WIN
LI1006
10/06/92
$4.00
PAUSTIS
& SONS
LI19920921
26146
50TH ST SELLIN
CST OF GD WIN
L11006
10/06/92
$213.00
PAUSTIS
& SONS
LI19920921
26147
YORK SELLING
CST OF GO WIN
LI1006
10/06/92
$5.00
PAUSTIS
& SONS
LI19920921
26147
YORK SELLING
CST OF GD WIN
LI1006
10/06/92
- $10.60
PAUSTIS
& SONS
LI19920921
25333
50TH ST SELLIN
TRADE DISCOUN
LI1006
10/06/92
PAUSTIS
& SONS
LI19920921
CM825
50TH ST SELLIN
CST OF GD WIN
LI1006
<,%>
5885.40'
129573
10/06/92
$40.00
PRIOR WINE COMPANY
L119920921
606102
50TH ST SELLIN
CST OF GD WIN
LI1006
10/06/92
-$0.40
PRIOR WINE COMPANY
LI19920921
606102
50TH ST SELLIN
CASH DISCOUNT
LI1C06
10/06/92
$40.00
PRIOR WINE COMPANY
LI19920921
606103
VERNON SELLING
CST OF GD WIN
LI1006
10/06/92
-$0.40
PRIOR WINE COMPANY
L119920921
606103
VERNON SELLING
CASH DISCOUNT
L11006
10/06/92
$215.53
PRIOR WINE COMPANY
LI19920921
606130
50TH ST SELLIN
CST OF GD WIN
LI1006
10/06/92
-$2.16
PRIOR WINE COMPANY
LI19920921
606130
50TH ST SELLIN
CASH DISCOUNT
LI1006
10/06/92
$84.00
PRIOR WINE COMPANY
LI19920921
607454
VERNON SELLING
CST OF GD WIN
LI1006
10/06/92
-$0.84
PRIOR WINE COMPANY
LI19920921
607454
VERNON SELLING
CASH DISCOUNT
LI1006
10/06/92
$932.73
PRIOR WINE COMPANY
LI19920921
606131
YORK SELLING
CST OF GD WIN
LI1006
10/06/92
-$9.33
PRIOR WINE COMPANY
LI19920921
606131
YORK SELLING
CASH DISCOUNT
LI1006
< *>
$1,299.13"
129574
10/06/92
$1,653.32
QUALITY
WINE
LI19920921
023702
YORK SELLING
CST OF GD WIN
L11006
10/06/92
-$16.53
QUALITY
WINE
L119920921
023702
YORK SELLING
CASH DISCOUNT
LI1006
10/06/92
$630.40
QUALITY
WINE
LI19920921
023705
50TH ST SELLIN
CST OF GD WIN
LI1006
10/06/92
-$6.30
QUALITY
WINE
L119920921
023705
50TH ST SELLIN
CASH DISCOUNT
LI1006
10/06/92
$1,424.21
QUALITY
WINE
LI19920921
023704
VERNON SELLING
CST OF GO WIN
LI1006
10/06/92
- $14.24
QUALITY
WINE
L119920921
023704
VERNON SELLING
CASH DISCOUNT
L11006
10/06/92
$2,046.44
QUALITY
WINE
LI19920921
024322
50TH ST SELLIN
CST OF GD LIQ
LI1006
10/06/92
- $40.93
QUALITY
WINE
LI19920921
024322
50TH ST SELLIN
CASH DISCOUNT
L11006
10/06/92
$3,140.27
QUALITY
WINE
L119920921
024325
YORK SELLING
CST OF GD LIQ
LI1006
10/06/92
-$62.81
QUALITY
WINE
LI19920921
024325
YORK SELLING
CASH DISCOUNT
LI1006
10/06/92
$5,627.18
QUALITY
WINE
LI19920921
024329
VERNON SELLING
CST OF GD LIQ
LI1006
10/06/92
- $112.54
QUALITY
WINE
LI19920921
024329
VERNON SELLING
CASH DISCOUNT
LI1006
< ■>
$14,268.47"
129575
10/06/92
$112.00
WINE MERCHANTS
LI19920921
3114
YORK SELLING
CST OF GD WIN
LI1006
COUNCIL CHECK REGISTER BY CHECK NUMBER FRI, OCT 9, 1992, 9:09 PM
page 7
CHECK#
------------------------------------------------------------------------------------------------------------------------------------
DATE
CHECK AMOUNT
VENDOR
DESCRIPTION
INVOICE
PROGRAM
OBJECT
P.O. #
<*>
$112.00*
129576
10/06/92
$108.00
WORLD CLASS
WINE
LI19920921
13603
VERNON SELLING
CST
OF GD WIN
LI1006
< *>
$108.00*
129577
10/06/92
$1,126.80
EAGLE WINE
LI19920925
608406
VERNON SELLING
CST
OF GD WIN
LI1006
10/06/92
- $11.27
EAGLE WINE
LI19920925
608406
VERNON SELLING
CASH
DISCOUNT
LI1006
.10/06/92
$813.92
EAGLE WINE
LI19920925
608407
50TH ST SELLIN
CST
OF GD WIN
LI1006
10/06/92
- $8.14
EAGLE WINE
LI19920925
608407
50TH ST SELLIN
CASH
DISCOUNT
LI1006
10/06/92
$976.12
EAGLE WINE
LI19920925
608408
YORK SELLING
CST
OF GD WIN
LI1006
10/06/92
-$9.76
EAGLE WINE
LI19920925
608408
YORK SELLING
CASH
DISCOUNT
LI1006
10/06/92
$348.00
EAGLE WINE
LI19920925
608460
YORK SELLING
CST
OF GD WIN
LI1006
10/06/92
-$3.48
EAGLE WINE
LI19920925
608460
YORK SELLING
CASH
DISCOUNT
LI1006
10/06/92
$51.00
EAGLE WINE
LI19920925
608692
VERNON SELLING
CST
OF GD WIN
LI1006
10/06/92
-$0.51
EAGLE WINE
LI19920925
608692
VERNON SELLING
CASH
DISCOUNT
LI1006
10/06/92
$95.00
EAGLE WINE
LI19920925
609637
VERNON SELLING
CST
OF GD WIN
LI1006
10/06/92
-$0.95
EAGLE WINE
LI19920925
609637
VERNON SELLING
CASH
DISCOUNT
LI1006
10/06/92
$85.50
EAGLE WINE
LI19920925
609668
VERNON SELLING
CST
OF GD WIN
LI1006
10/06/92
-$0.86
EAGLE WINE
LI19920925
609668
VERNON SELLING
CASH
DISCOUNT
LI1006
10/06/92
- $83.48
EAGLE WINE
'LI19920925
68237
VERNON SELLING
CST
OF GD WIN
LI1006
10/06/92
$1.67
EAGLE WINE
LI19920925
68237
VERNON SELLING
CASH
DISCOUNT
LI1006
.10/06/92
- $188.74
EAGLE WINE
LI19920925
68281
VERNON SELLING
CST
OF GD WIN
LI1006
10/06/92
$3.77
EAGLE WINE
LI19920925
68281
VERNON SELLING
CASH
DISCOUNT-
LI1006
< *>
$3,194.59*
129578
10/06/92
$133.10
ED PHILLIPS
&
SONS
LI19920925
35449
VERNON SELLING
CST
OF GD WIN
LI1006
10/06/92
$593.25
ED PHILLIPS
&
SONS
LI19920925
34444
_50TH ST SELLIN
CST
OF GD WIN
LI1006
10/06/92
$430.90
ED PHILLIPS
&
SONS
LI19920925
34536
50TH ST SELLIN
CST
OF GD WIN
LI1006
10/06/92
$206.20
ED PHILLIPS
&
SONS
LI19920925
34676
50TH ST SELLIN
CST
OF GD LIQ
LI1006
10/06/92
-$4.12
ED PHILLIPS
&
SONS
LI19920925
34576
50TH'ST SELLIN
CASH
DISCOUNT
LI1006
10/06/92
$583.80
ED PHILLIPS
&
SONS
LI19920925
34677
50TH ST SELLIN
CST
OF GD WIN
LI1006
10/06/92
- $222.00
ED PHILLIPS
&
SONS
LI19920925
138318
50TH ST SELLIN
CST
OF GD WIN
LI1006
10/06/92
$865.55
ED PHILLIPS
&
SONS
LI19920925
34704
YORK SELLING '
CST
OF GD WIN
LI1006
10/06/92
$1,052.30
ED PHILLIPS
&
SONS
LI19920925
34567
YORK SELLING
CST
OF GD WIN
LI1006
10/06/92
$643.70
ED PHILLIPS
&
SONS
LI19920925
34703
YORK SELLING
CST
OF GD LIQ-
LI1006
10/06/92
- $12.87
ED PHILLIPS
&
SONS
LI19920925
34703
YORK SELLING
CASH.DISCOUNT
LI1006
10/06/92
$537.90
ED PHILLIPS
&
SONS
LI19920925
34477
YORK SELLING
CST
OF GD WIN
LI1006
10/06/92
$435.85
ED PHILLIPS
&
SONS
LI19920925
34447
VERNON SELLING
CST
OF GD WIN
LI1006
10/06/92
$973.70
ED PHILLIPS
&
SONS
LI19920925
34687
VERNON SELLING
CST
OF GD WIN
LI1006
10/06/92
$405.80
ED PHILLIPS
&
SONS
LI19920925
34680
VERNON SELLING
CST
OF GD LIQ
LI1006
.10/06/92
-$8.12
ED PHILLIPS
&
SONS
LI19920925
34680
VERNON SELLING
CASH
DISCOUNT
LI1006
10/06/92
$112.00
ED PHILLIPS
&
SONS
LI19920925
34671
VERNON SELLING
OF GD LIQ
LI1006
10/06/92
7$2.24
ED PHILLIPS
&
SONS
LI19920925
34671
VERNON SELLING
".CST
CASH
DISCOUNT
LI1006
10/06/92
$3,174.20
ED PHILLIPS
&
SONS
LI19920925
34258
VERNON SELLING
CST
OF GD WIN
LI1006
< *>
$9,898.90*
129579
10/06/92
$353.04
GRIGGS COOPER
& CO.
LI19921001
607920
50TH ST SELLIN
CST
OF GD LIQ
LI1006
10/06/92
-$7.06
GRIGGS COOPER
& CO.
LI19921001
607920
50TH ST SELLIN
CASH
DISCOUNT
LI1006
10/06/92
$353.04
GRIGGS COOPER
& CO.
LI19921001
607921
YORK SELLING
CST
OF GD LIQ
LI1006
10/06/92
-$7.06
GRIGGS COOPER
& CO.
L119921001
607921
YORK SELLING
CASH
DISCOUNT
LI1006
10/06/92
$6,804.74
GRIGGS COOPER
& CO.
L119921001
608672
VERNON SELLING
CST
OF GD LIQ-LI1006
10/06/92
- $136.09
GRIGGS COOPER
& CO.
LI19921001
608672
VERNON SELLING
CASH
DISCOUNT
LI1006
10/06/92
$306.32
GRIGGS COOPER
& CO.
LI19921001
608673
VERNON SELLING
CST
OF -GD LIQ
LI1006
10/06/92
-$6.13
GRIGGS COOPER
& CO.
LI19921001
608673
VERNON SELLING
CASH
DISCOUNT-
LI1006
10/06/92
"55,496.38
GRIGGS COOPER
& CO.
LI19921001
608674
50TH ST SELLIN
CST
OF GD LIQ
LI1006
COUNCIL CHECK REGISTER BY CHECK N
NUMBER F
FRI, O
OCT 9, 1
1992, 9:09 PM p
page 8
CHECK# DATE C
CHECK AMOUNT V
VENDOR D
DESCRIPTION I
INVOICE P
PROGRAM O
OBJECT P
P.O. #
----------------------------=-------------------------------------------------------------------------------------------------------
129579 10/06/92 -
- $109.93 G
GRIGGS C
COOPER &
& CO. L
LI19921001 6
608674 5
50TH ST SELLIN C
CASH DISCOUNT L
LI1006
10/06/92 $
$5,844.14 G
GRIGGS C
COOPER &
& CO. L
LI19921001 6
608675 Y
YORK SELLING C
CST OF GD LIQ L
LI1006
10/06/92 -
- 5116.88 G
GRIGGS C
COOPER &
& CO. L
LI19921001 6
608675 Y
YORK SELLING C
CASH DISCOUNT L
LI1006
$18,774.51*
129580 10/06/92 $3,254.90 JOHNSON WINE CO. LI19921001 7728710
10/06/92 $17.25 JOHNSON WINE CO. LI19921001 7728710
10/06/92 - $65.09 JOHNSON WINE CO. LI19921001 7728710
10/06/92 $1,982.68 JOHNSON WINE CO. LI19921001 7728702
10/06/92 $10.00 JOHNSON WINE CO. LI19921001 7728702
10/06/92 - $39.66 JOHNSON WINE CO. LI19921001 7728702
10/06/92 $78.90 JOHNSON WINE CO. LI19921001 7728728
10/06/92 $1.50 JOHNSON WINE CO. LI19921001 7728728
10/06/92 -50.80 JOHNSON WINE CO. LI19921001 7728728
10/06/92 $839.71 JOHNSON WINE CO. LI19921001 7728686
10/06/92 $9.50 JOHNSON WINE CO. LI19921001 7728686
10/06/92 -$8.41 JOHNSON WINE CO. L119921001 7728686
10/06/92 $598.69 JOHNSON WINE CO. LI19921001 7728694
10/06/92 $6.50 JOHNSON WINE CO. LI19921001 7728694
10/06/92 -$6.01 JOHNSON WINE CO. LI19921001 7728694
10%06/92 $543.02 JOHNSON WINE CO. LI19921001 7728678
10/06/92 $5.00 JOHNSON WINE CO. LI19921001 7728678
10/06/92 -$5.43 JOHNSON WINE CO. LI19921001 7728678
10/06/92 $830.85 JOHNSON WINE CO. LI19921001 7728736
10/06/92 $18.00 JOHNSON WINE CO. LI19921001 7728736
10/06/92 -$8.30 JOHNSON WINE CO. LI19921001 7728736
10/06/92 $697.75 JOHNSON WINE CO. L119921001 7728611
10/06/92 $5.50 JOHNSON WINE CO. L119921001 7728611
10/06/92 - $6.98. JOHNSON WINE CO. LI19921001 7728611
10/06/92 $1,058.78 JOHNSON WINE CO. LI19921001 7728637
10/06/92 $6.08 JOHNSON WINE CO. L119921001 7728637
10/06/92 - $21.18 JOHNSON WINE CO. LI19921001 7728637
10/06/92 $336.25 JOHNSON WINE CO. LI19921001 7728660
10/06/92 $8.00 JOHNSON WINE CO. LI19921001 7728660
10/06/92 -$3.35 JOHNSON WINE CO. LI19921001 7728660
10/06/92 $80.39 JOHNSON WINE CO. LI19921001 7728652
10/06/92 $2.00 JOHNSON WINE.CO. LI19921001 7728652
10/06/92 -$0.82 JOHNSON WINE CO. LI19921001 7728652
10/06/92 $319.77 JOHNSON WINE CO. LI19921001 7728645
10/06/92 $1.50 JOHNSON WINE CO. LI19921001 7728645
10/06/92 -$3.20 JOHNSON WINE CO. LI19921001 7728645
10/06/92 $25.70 JOHNSON WINE CO. LI19921001 7728629
10/06/92 $0.50 JOHNSON WINE CO. LI19921001 7728629
10/06/92 -$0.26 JOHNSON WINE CO. LI19921001 7728629
10/06/92 $217.24 JOHNSON WINE CO. LI19921001 7728603
10/06/92 $2.50 JOHNSON WINE CO. LI19921001 7728603
10/06/92 -$2.18 JOHNSON WINE CO. LI19921001 7728603
10/06/92 $496.71 JOHNSON WINE CO. LI19921001 7728587
10/06/92 $10.00 JOHNSON WINE CO. LI19921001 7728587
10/06/92 -$4.99 JOHNSON WINE CO. LI19921001 7728587
10/06/92 $440.58 JOHNSON WINE CO. L119921001 7728546
10/06/92 $4.50 JOHNSON WINE CO. LI19921001 7728546
10/06/92 -$4.41 JOHNSON WINE CO. LI19921001 7728546
10/06/92 $246.33 JOHNSON WINE CO. LI19921001 7728579
10/06/92 $1.00 JOHNSON WINE CO. LI19921001 7728579
YORK SELLING
YORK SELLING
YORK SELLING
YORK SELLING
YORK SELLING
YORK SELLING
YORK SELLING
YORK SELLING
YORK, SELLING
YORK SELLING
YORK SELLING
YORK SELLING
YORK SELLING
YORK SELLING
YORK SELLING
YORK SELLING
YORK SELLING
YORK SELLING
YORK SELLING
YORK SELLING
YORK SELLING
50TH ST SELLIN
50TH ST SELLIN
50TH ST SELLIN
50TH ST SELLIN
50TH ST SELLIN
50TH ST SELLIN
50TH ST SELLIN
50TH ST SELLIN
50TH ST SELLIN
50TH ST SELLIN
50TH ST SELLIN
50TH ST SELLIN
50TH ST SELLIN
50TH ST SELLIN
50TH ST SELLIN
50TH ST SELLIN
50TH ST SELLIN
50TH ST SELLIN
50TH ST SELLIN
50TH ST SELLIN
50TH ST SELLIN
VERNON SELLING
VERNON SELLING
VERNON SELLING
VERNON SELLING
VERNON SELLING
VERNON SELLING
VERNON SELLING
VERNON SELLING
CST OF GD LIQ
CST OF GD LIQ
CASH DISCOUNT
CST-OF GD LIQ
CST OF GD LIQ
CASH DISCOUNT
CST OF GD WIN
CST -.OF GD WIN
CASH DISCOUNT
CST OF GO WIN
CST OF GD WIN
CASH DISCOUNT
CST OF GD WIN
CST OF GD WIN
CASH DISCOUNT
CST OF GD WIN
CST OF GD WIN
CASH DISCOUNT
CST OF GD WIN
CST OF GD WIN
CASH DISCOUNT
CST OF GD WIN
CST OF GD WIN
CASH DISCOUNT
CST OF GD LIQ
CST OF-GD LIQ
CASH DISCOUNT
CST OF GO WIN
CST OF GD WIN
CASH DISCOUNT
CST OF GD WIN
CST OF GO WIN
CASH DISCOUNT
CST OF GD WIN
CST OF GO WIN
CASH DISCOUNT
CST OF GD WIN
CST OF GD WIN
CASH DISCOUNT
CST OF GD WIN
CST OF GD WIN
CASH DISCOUNT
CST OF GD WIN
CST OF GD WIN
CASH DISCOUNT
CST OF GD WIN
CST OF GD WIN
CASH DISCOUNT
CST OF GD WIN
CST OF GO WIN
LI1006
LI1006
LI1006
LI1006
LI1006
LI1006
LI1006
LI1006
LI1006
LI1006
LI1006
LI1006
LI1006
LI1006
LI1006
LI1006
LI1006
LI1006
LI1006
LI1006
LI1006
LI1006
LI1006
LI1006
LI1006
LI1006
LI1006
LI1006
LI1006
LI1006
LI1006
L11006
LI1006
LI1006
LI1006
LI1006
LI1006
LI1006
LI1006
LI1006
LI1006
LI1006
LI1006
LI1006
LI1006
LI1006
LI1006
LI1006
LI1006
LI1006
YORK SELLING
YORK SELLING
YORK SELLING
YORK SELLING
YORK SELLING
YORK SELLING
YORK SELLING
YORK SELLING
YORK, SELLING
YORK SELLING
YORK SELLING
YORK SELLING
YORK SELLING
YORK SELLING
YORK SELLING
YORK SELLING
YORK SELLING
YORK SELLING
YORK SELLING
YORK SELLING
YORK SELLING
50TH ST SELLIN
50TH ST SELLIN
50TH ST SELLIN
50TH ST SELLIN
50TH ST SELLIN
50TH ST SELLIN
50TH ST SELLIN
50TH ST SELLIN
50TH ST SELLIN
50TH ST SELLIN
50TH ST SELLIN
50TH ST SELLIN
50TH ST SELLIN
50TH ST SELLIN
50TH ST SELLIN
50TH ST SELLIN
50TH ST SELLIN
50TH ST SELLIN
50TH ST SELLIN
50TH ST SELLIN
50TH ST SELLIN
VERNON SELLING
VERNON SELLING
VERNON SELLING
VERNON SELLING
VERNON SELLING
VERNON SELLING
VERNON SELLING
VERNON SELLING
CST OF GD LIQ
CST OF GD LIQ
CASH DISCOUNT
CST-OF GD LIQ
CST OF GD LIQ
CASH DISCOUNT
CST OF GD WIN
CST -.OF GD WIN
CASH DISCOUNT
CST OF GO WIN
CST OF GD WIN
CASH DISCOUNT
CST OF GD WIN
CST OF GD WIN
CASH DISCOUNT
CST OF GD WIN
CST OF GD WIN
CASH DISCOUNT
CST OF GD WIN
CST OF GD WIN
CASH DISCOUNT
CST OF GD WIN
CST OF GD WIN
CASH DISCOUNT
CST OF GD LIQ
CST OF-GD LIQ
CASH DISCOUNT
CST OF GO WIN
CST OF GD WIN
CASH DISCOUNT
CST OF GD WIN
CST OF GO WIN
CASH DISCOUNT
CST OF GD WIN
CST OF GO WIN
CASH DISCOUNT
CST OF GD WIN
CST OF GD WIN
CASH DISCOUNT
CST OF GD WIN
CST OF GD WIN
CASH DISCOUNT
CST OF GD WIN
CST OF GD WIN
CASH DISCOUNT
CST OF GD WIN
CST OF GD WIN
CASH DISCOUNT
CST OF GD WIN
CST OF GO WIN
LI1006
LI1006
LI1006
LI1006
LI1006
LI1006
LI1006
LI1006
LI1006
LI1006
LI1006
LI1006
LI1006
LI1006
LI1006
LI1006
LI1006
LI1006
LI1006
LI1006
LI1006
LI1006
LI1006
LI1006
LI1006
LI1006
LI1006
LI1006
LI1006
LI1006
LI1006
L11006
LI1006
LI1006
LI1006
LI1006
LI1006
LI1006
LI1006
LI1006
LI1006
LI1006
LI1006
LI1006
LI1006
LI1006
LI1006
LI1006
LI1006
LI1006
COUNCIL CHECK REGISTER BY CHECK NUMBER FRI, OCT 9, 1992, 9:09 PM
page 9
CHECK#
------------------------------------------------------------------------------------------------------------------------------------
DATE
CHECK AMOUNT
VENDOR
DESCRIPTION
INVOICE
PROGRAM
OBJECT
P.O. #
129580
10/06/92
-$2.46
JOHNSON
WINE CO.
LI19921001
7728579
VERNON
SELLING
CASH DISCOUNT
L11006
10/06/92
$813.78
JOHNSON
WINE CO.
LI19921001
7728538
VERNON
SELLING
CST OF GD WIN
LI1006
10/06/92
$9.00
JOHNSON
WINE CO.
LI19921001
7728538
VERNON
SELLING
CST OF GD WIN
L11006
10/06/92
-$8.15
JOHNSON
WINE CO.
LI19921001
7728538
VERNON
SELLING
CASH DISCOUNT
LI1006
10/06/92
$1,950.47
JOHNSON
WINE CO.
L119921001
7728561
VERNON
SELLING
CST OF GD LIQ
LI1006
10/06/92
$11.08
JOHNSON
WINE CO.
LI19921001
7728561
VERNON
SELLING
CST OF GD LIQ
LI1006
10/06/92
- $39.03
JOHNSON
WINE CO.
LI19921001
7728561
VERNON
SELLING
CASH DISCOUNT
LI1006
10/06/92
$1,396.10
JOHNSON
WINE CO.
LI19921001
7728553
VERNON
SELLING
CST OF GD LIQ
LI1006
10/06/92
$7.00
JOHNSON
WINE CO.
LI19921001
7728553
VERNON
SELLING
CST OF GD LIQ
LI1006
10/06/92
- $27.92
JOHNSON
WINE CO.
LI19921001
7728553
VERNON
SELLING
CASH DISCOUNT
LI1006
10/06/92
-$2.34
JOHNSON
WINE CO.
LI19921001
7712797
50TH ST
SELLIN
CST OF GD WIN
LI1006
10/06/92
- $73.80
JOHNSON
WINE CO.
LI19921001
7708167
YORK SELLING
CST OF GD WIN
LI1006
10/06/92
- 513.86
JOHNSON
WINE CO.
LI19921001
7698814
50TH ST
SELLIN
CST OF GD WIN
L11006
<*>
$15,996.38*
129581
10/06/92
$161.00
PAUSTIS
& SONS
L119921005
26297
VERNON
SELLING
CST OF GD WIN
LI1006
10/06/92
$3.00
PAUSTIS
& SONS
LI19921005
26297
VERNON
SELLING
CST OF GD WIN
LI1006
< *>
$164.00*
129582
1p/06/92
$340.63
PRIOR WINE COMPANY
LI19921005
608062
VERNON
SELLING
CST OF GD WIN
LI1006
1 /06/92
-$3.41
PRIOR WINE COMPANY
LI19921005
608062
VERNON
SELLING
CASH DISCOUNT
LI1006
10/06/92
$86.59
PRIOR WINE COMPANY
LI19921005
608580
VERNON
SELLING
CST OF GD WIN
LI1006
10/06/92
-$0.87
PRIOR WINE COMPANY
LI19921005
608580
VERNON
SELLING
CASH DISCOUNT
L11006
10/06/92
$695.70
PRIOR WINE COMPANY
LI19921005
608065
YORK SELLING
CST OF GD WIN
LI1006
10/06/92
-$6.96
PRIOR WINE COMPANY
LI19921005
608065
YORK SELLING
CASH DISCOUNT
LI1006
10/06/92
$349.60
PRIOR WINE COMPANY
LI19921005
608063
50TH ST
SELLIN
CST OF GD WIN
LI1006
10/06/92
-$3.50
PRIOR WINE COMPANY
LI19921005
608063
50TH ST
SELLIN
CASH DISCOUNT
LI1006
10/06/92
$1,008.55
PRIOR WINE COMPANY
LI19921005
606129
VERNON
SELLING
CST OF GD WIN
LI1006
10/06/92
- $10.09
PRIOR WINE COMPANY
LI19921005
606129
VERNON
SELLING
CASH DISCOUNT
LI1006
10/06/92
- $26.97
PRIOR WINE COMPANY
L119921005
68331
VERNON
SELLING
CST OF GD WIN
LI1006
10/06/92
$0.27
PRIOR WINE COMPANY
LI19921005
68331
VERNON
SELLING
CASH DISCOUNT
LI1006
<*>
$2,429.54*
.
129583
10/06/92
$2,210.37
QUALITY
WINE
LI19921005
25954
VERNON
SELLING
CST OF GD WIN
LI1006
10/06/92
- $22.10
QUALITY
WINE
L119921005
25954
VERNON
SELLING
CASH DISCOUNT
LI1006
10/06/92
$2,953.41
QUALITY
WINE
LI19921005
025957
YORK SELLING
CST OF GD WIN
LI1006
10/06/92
- $29.53
QUALITY
WINE
LI19921005
025957
YORK SELLING
CASH DISCOUNT
LI1006
10/06/92
$380.80
QUALITY
WINE
LI19921005
26005
50TH ST
SELLIN
CST OF GD LIQ
LI1006
10/06/92
-$7.62
QUALITY
WINE
LI19921005
26005
50TH ST
SELLIN
CASH DISCOUNT
LI1006
10/06/92
$1,974.37
QUALITY
WINE
LI19921005
26006
YORK SELLING
CST OF GD LIQ
LI1006
10/06/92
- $39.49
QUALITY
WINE
LI19921005
26006
YORK SELLING
CASH DISCOUNT
LI1006
10/06/92
$663.01
QUALITY
WINE
LI19921005
26008
VERNON
SELLING
CST OF GD LIQ
LI1006
10/06/92
- $13.26
QUALITY
WINE
LI19921005
26008
VERNON
SELLING
CASH DISCOUNT
LI1006
10/06/92
$89.83
QUALITY
WINE
LI19921005
26544
50TH ST
SELLIN
CST OF GD WIN
LI1006
10/06/92
-$0.90
QUALITY
WINE
L119921005
26544
50TH ST
SELLIN
CASH DISCOUNT
LI1006
10/06/92
$120.00
QUALITY
WINE
LI19921005
26559
VERNON
SELLING
CST OF GD WIN
LI1006
10/06/92
-$1.20
QUALITY
WINE
LI19921005
26559
VERNON
SELLING
CASH DISCOUNT
LI1006
< *>
$8,277.69*
129584
10/06/92
$204.00
THE WINE
COMPANY
LI19921005
2753
VERNON
SELLING
CST OF GD WIN
LI1006
10/06/92
$3.75
THE WINE
COMPANY
LI19921005
2753
VERNON
SELLING
CST OF GD WIN
LI1006
< *>
$207.75*
129585
09/22/92
$29,187.68
PERA
PERA
091692.
CENT SVC GENER
PENSIONS
< *>
$29,187.68*
COUNCIL
CHECK REGISTER BY CHECK
NUMBER FRI, OCT 9,
1992, 9:09 PM
page 10
CHECK#
DATE
CHECK AMOUNT
VENDOR
DESCRIPTION
INVOICE
PROGRAM
OBJECT
P.O. #
------------------------------------------------------------------------------------------------------------------------------------
129586
09/25/92
- $40,000.00
CITY OF EDINA
PAYROLL TRANSFER
092592.
LIQUOR PROG
CASH
09/25/92
$40,000.00
CITY OF EDINA
PAYROLL TRANSFER
092592
LIQUOR PROG
CASH
< *>
$0.00*
129587
09/29/92
$477.72
COMM LIFE INS
CO.
LIFE INSURANCE
092992.
CENT SVC GENER
LIFE INSURANC
< *>
$477.72*
129588
09/28/92
$20,840.16
FIDELITY BANK
PAYMENT
092892
GENERAL FD PRO
PAYROLL PAYAB
< *>
$20,840.16*
129589
09/29/92
$19.62
PERA
PERA
092992
CENT SVC GENER
PENSIONS
< *>
$19.62*
129590
09/29/92
$28,726.61
PERA
PERA
092992
CENT SVC GENER
PENSIONS
< *>
$28,726.61*
129591
10/06/92
$1,183.35
EAGLE WINE
LI19921005
610729
VERNON SELLING
CST OF GD WIN
LI1006
10/06/92
- $11.83
EAGLE WINE
LI19921005
610729
VERNON SELLING
CASH DISCOUNT.LI1008
10/06/92
$517.75
EAGLE WINE
LI19921005
610731
50TH ST SELLIN
CST OF GD WIN
LI1006
10/06/92
-$5.18
EAGLE WINE
LI19921005
610731
50TH ST SELLIN
CASH DISCOUNT
LI1006
10/06/92
$340.02
EAGLE WINE
LI19921005
610733
YORK SELLING
CST OF GD WIN
LI1006
10/06/92
-$3.40
EAGLE WINE
LI19921005
610733
YORK SELLING
CASH DISCOUNT
LI1006
10/06/92
$138.00
EAGLE WINE
LI19921005
610883
YORK SELLING
CST OF GD WIN
LI1006
10/06/92
-$1.38
EAGLE WINE
LI19921005
610883
YORK SELLING
CASH DISCOUNT
LI1006
< *>
$2,157.33*
129592
10/06/92
$1,215.90
ED PHILLIPS &
SONS
LI19921005
36569
YORK SELLING
CST OF GD WIN
LI1006
10/06/92
$460.20
ED PHILLIPS &
SONS
LI19921005
36570
YORK SELLING
CST OF GD WIN
LI1006
10/06/92
$1,138.25
ED PHILLIPS &
SONS
LI19921005
36568
YORK SELLING
CST OF GD LIQ
LI1006
10/06/92
- $22.77
ED PHILLIPS &
SONS
L119921005
36568
YORK SELLING
CASH DISCOUNT
LI1006
10/06/92
$467.47
ED PHILLIPS &
SONS
LI19921005
36530
YORK SELLING
CST OF GD LIQ
LI1006
10/06/92
-$9.35
ED PHILLIPS &
SONS
LI19921005
36530
YORK SELLING
CASH DISCOUNT
LI1006
10/06/92
$451.90
ED PHILLIPS &
SONS
LI19921005
36531
YORK SELLING
CST OF GD WIN
LI1006
10/06/92
$95.50
ED PHILLIPS &
SONS
LI19921005
36471
VERNON SELLING
CST OF GD LIQ
LI1006
10/06/92
-$1.91
ED PHILLIPS &
SONS
LI19921005
36471
VERNON SELLING
CASH DISCOUNT
LI1006
10/06/92
$856.45
ED PHILLIPS &
SONS
LI19921005
36502
VERNON SELLING
CST OF GD LIQ
L11006
10/06/92
-$17.13
ED PHILLIPS &
SONS
L119921005
36502
VERNON SELLING
CASH DISCOUNT
LI1006
10/06/92
$992.60
ED PHILLIPS &
SONS
LI19921005
36503
VERNON SELLING
CST OF GD WIN
LI1006
10/06/92
$490.85
ED PHILLIPS &
SONS
LI19921005
36467
VERNON SELLING
CST OF GD WIN
LI1006
10/06/92
$175.80
ED PHILLIPS &
SONS
LI19921005
36470
VERNON SELLING
CST OF GD WIN
LI1006
10/06/92
$687.20
ED PHILLIPS &
SONS
LI19921005
36440
VERNON SELLING
CST OF GD WIN
LI1006
10/06/92
$395.75
ED PHILLIPS &
SONS
LI19921005
36512
50TH ST SELLIN
CST OF GD WIN
LI1006
10/06/92
$257.90
ED PHILLIPS &
SONS
LI19921005
36522
50TH ST SELLIN
CST OF GD WIN
LI1006
10/06/92
$1,006.15
ED PHILLIPS &
SONS
L119921005
36651
50TH ST SELLIN
CST OF GD WIN
LI1006
10/06/92
$114.74
ED PHILLIPS &
SONS
LI19921005
36523
50TH ST SELLIN
CST OF GD LIQ
L11006
10/06/92
-$2.29
ED PHILLIPS &
SONS
LI19921005
36523
50TH ST SELLIN
CASH DISCOUNT
LI1006
< *>
$8,753.21*
129593
10/06/92
$4,232.04
GRIGGS COOPER
& CO.
LI19921005
611008
VERNON SELLING
CST OF GD LIQ
LI1006
10/06/92
- $84.64
GRIGGS COOPER
& CO.
LI19921005
611008
VERNON SELLING
CASH DISCOUNT
LI1006
10/06/92
$3,079.24
GRIGGS COOPER
& CO.
LI19921005
611009
50TH ST SELLIN
CST OF GD LIQ
LI1006
10/06/92
- $61.58
GRIGGS COOPER
& CO.
LI19921005
611009
50TH ST SELLIN
CASH DISCOUNT
LI1006
10/06/92
$5,903.25
GRIGGS COOPER
& CO.
LI19921005
611010
YORK SELLING
CST OF GD LIQ
LI1006
10/06/92
- $118.07
GRIGGS COOPER
& CO.
LI19921005
611010
YORK SELLING
CASH DISCOUNT
LI1006
< *>
$12,950.24*
COUNCIL CHECK REGISTER BY CHECK
NUMBER
FRI.
OCT
9, 1992, 9:09 PM
page 11
CHECK# DATE
CHECK AMOUNT
VENDOR
DESCRIPTION
INVOICE
PROGRAM
OBJECT
P.O. #
------------------------------------------------------------------------------------------------------------------------------------
129594 10/06/92
$195.31
JOHNSON
WINE
CO.
LI19921005
7755226
50TH
ST SELLIN
CST
OF GD
WIN
LI1006
10/06/92
$3.00
JOHNSON
WINE
CO.
LI19921005
7755226
50TH
ST SELLIN
CST
OF GD
WIN
LI1006
10/06/92
-$1.96
JOHNSON
WINE
CO.
LI19921005
7755226
50TH
ST SELLIN
CASH
DISCOUNT
LI1006
10/06/92
$447.40
JOHNSON
WINE
CO.
LI19921005
7755218
50TH
ST SELLIN
CST
OF GD
WIN
LI1006
10/06/92
$5.00
JOHNSON
WINE
CO.
LI19921005
7755218
50TH
ST SELLIN
CST
OF GD
WIN
LI1006
10/06/92
-$4.48
JOHNSON
WINE
CO.
LI19921005
7755218
50TH
ST SELLIN
CASH
DISCOUNT
LI1006
10/06/92
$269.80
JOHNSON
WINE
CO.
L119921005
7755234
50TH
ST SELLIN
CST
OF GD
LIQ
LI1006
10/06/92
$2.50
JOHNSON
WINE
CO.
LI19921005
7755234
50TH
ST SELLIN
CST
OF GD
LIQ
LI1006
10/06/92
-$5.40
JOHNSON
WINE
CO.
LI19921005
7755234
50TH
ST SELLIN
CASH
DISCOUNT
LI1006
10/06/92
$1,923.11
JOHNSON
WINE
CO.
LI19921005
7755242
50TH
ST SELLIN
CST
OF GD
LIQ
LI1006
10/06/92
$9.50
JOHNSON
WINE
CO.
LI19921005
7755242
50TH
ST SELLIN
CST
OF GD
LIQ
LI1006
10/06/92
- $38.46
JOHNSON
WINE
CO.
LI19921005
7755242
50TH
ST SELLIN
CASH
DISCOUNT
LI1006
10/06/92
$318.81
JOHNSON
WINE
CO.
L119921005
7755259
50TH
ST SELLIN
CST
OF GD
WIN
LI1006
10/06/92
$6.00
JOHNSON
WINE
CO.
LI19921005
7755259
50TH
ST SELLIN
CST
OF GD
WIN
LI1006
10/06/92
-$3.20
JOHNSON
WINE
CO.
LI19921005
7755259
50TH
ST SELLIN
CASH
DISCOUNT
LI1006'
10/06/92
$17.25
JOHNSON
WINE
CO.
LI19921005
7755267
YORK
SELLING
CST
OF GD
WIN
LI1006
10/06/92
$0.50
JOHNSON
WINE
CO.
LI19921005
7755267
YORK
SELLING
CST
OF GD
WIN
L11006
10/06/92
-$0.17
JOHNSON
WINE
CO.
LI19921005
7755267
YORK
SELLING
CASH
DISCOUNT
LI1006
10/06/92
$1,212.67
JOHNSON
WINE
CO.
LI19921005
7755275
YORK
SELLING
CST
OF GD
WIN
LI1006
10/06/92
$14.50
JOHNSON
WINE
CO.
LI19921005
7755275
YORK
SELLING
CST
OF GD
WIN
L11006
10/06/92
- $12.13
JOHNSON
WINE
CO.
L119921005
7755275
YORK
SELLING
CASH
DISCOUNT
LI1006
10/06/92
$557.47
JOHNSON
WINE
CO.
LI19921005
7755283
YORK
SELLING
CST
OF GD
WIN
LI1006
10/06/92
$4.50
JOHNSON
WINE
CO.
LI19921005
7755283
YORK
SELLING
CST
OF GD
WIN
LI1006
10/06/92
-$5.58
JOHNSON
WINE
CO.
LI19921005
7755283
YORK
SELLING
CASH
DISCOUNT
L11006
10/06/92
$87.60
JOHNSON
WINE
CO.
LIIQ921005
7755317
YORK
SELLING
CST
OF GD
WIN
LI1006
10/06/92
$2.50
JOHNSON
WINE
CO.
LI19921005
7755317
YORK
SELLING
CST
OF GD
WIN
LI1006
10/06/92
-$0.90
JOHNSON
WINE
CO.
L119921005
7755317
YORK
SELLING
CASH
DISCOUNT
L11006
10/06/92
$754.42
JOHNSON
WINE
CO.
L119921005
7755325
YORK
SELLING
CST
OF GD
WIN
LI1006
10/06/92
$16.50
JOHNSON
WINE
CO.
LI19921005
7755325
YORK
SELLING
CST
OF GD
WIN
LI1006
10/06/92
-$7.55
JOHNSON
WINE
CO.
LI19921005
7755325
YORK
SELLING
CASH
DISCOUNT
LI1006
10/06/92
$4,565.78
JOHNSON
WINE
CO.
LI19921005
7755291
YORK
SELLING
CST
OF GD
LIQ
LI1006
10/06/92
$22.38
JOHNSON
WINE
CO.
L119921005
7755291
YORK
SELLING
CST
OF GD
LIQ
LI1006
10/06/92
- $91.33
JOHNSON
WINE
CO.
LI19921005
7755291
YORK
SELLING
CASH
DISCOUNT
LI1006
10/06/92
$634.28
JOHNSON
WINE
CO.
LI19921005
7763071
YORK
SELLING
CST
OF GD
LIQ
LI1006
10/06/92
$4.00
JOHNSON
WINE
CO.
LI19921005
7763071
YORK
SELLING
CST
OF GD
LIQ
L11006
10/06/92
- $12.69
JOHNSON
WINE
CO.
LI19921005
7763071
YORK
SELLING
CASH
DISCOUNT
L11006
10/06/92
$106.65
JOHNSON
WINE
CO.
LI19921005
7763063
YORK
SELLING
CST
OF GD
WIN
LI1006
10/06/92
$1.50
JOHNSON
WINE
CO.
LI19921005
7763063
YORK
SELLING
CST
OF GD
WIN
LI1006
10/06/92
-$1.06
JOHNSON
WINE
CO.
LI19921005
7763063
YORK
SELLING
CASH
DISCOUNT
LI1006
10/06/92
$4,236.86
JOHNSON
WINE
CO.
LI19921005
7755168
VERNON SELLING
CST
OF GD
LIQ
LI1006
10/06/92
$21.50
JOHNSON
WINE
CO.
LI19921005
7755168
VERNON SELLING
CST
OF GD
LIQ
L11006
10/06/92
- $84.73
JOHNSON
WINE
CO.
LI19921005
7755168
VERNON SELLING
CASH
DISCOUNT
LI1006
10/06/92
$467.68
JOHNSON
WINE
CO.
LI19921005
7755192
VERNON SELLING
CST
OF GD
WIN
LI1006
10/06/92
$10.00
JOHNSON
WINE
CO.
LI19921005
7755192
VERNON SELLING
CST
OF GD
WIN
LI1006
10/06/92
-$4.70
JOHNSON
WINE
CO.
LI19921005
7755192
VERNON SELLING
CASH
DISCOUNT
L11006
10/06/92
$169.60
JOHNSON
WINE
CO.
LI19921005
7755184
VERNON SELLING
CST
OF GD
WIN
L11006
10/06/92
$3.50
JOHNSON
WINE
CO.
L119921005
7755184
VERNON SELLING
CST
OF GD
WIN
LI1006
10/06/92
-$1.72
JOHNSON
WINE
CO.
L119921005
7755184
VERNON SELLING
CASH
DISCOUNT
LI1006
10/06/92
$76.11
JOHNSON
WINE
CO.
LI19921005
7755176
VERNON SELLING
CST
OF GD
WIN
LI1006
10/06/92
$0.50
JOHNSON
WINE
CO.
LI19921005
7755176
VERNON SELLING
CST
OF GD
WIN
LI1006
10/06/92
-$0.76
JOHNSON
WINE
CO.
L119921005
7755176
VERNON SELLING
CASH
DISCOUNT
LI1006
10/06/92
$315.34
JOHNSON
WINE
CO.
LI19921005
7755143
VERNON SELLING
CST
OF GD
WIN
LI1006
10/06/92
$3.00
JOHNSON
WINE
CO.
LI19921005
7755143
VERNON SELLING
CST
OF GD
WIN
LI1006
10/06/92
-$3.16
JOHNSON
WINE
CO.
LI19921005
7755143
VERNON SELLING
CASH
DISCOUNT
LI1006
10/06/92
$677.51
JOHNSON
WINE
CO.
LI19921005
7755135
VERNON SELLING
CST
OF GD
WIN
LI1006
COUNCIL CHECK REGISTER BY CHECK NUMBER FRI, OCT 9, 1992, 9:09 PM
page 12
CHECK#
DATE
CHECK AMOUNT
VENDOR
DESCRIPTION
INVOICE
PROGRAM
OBJECT
P.O. #
------------------------------------------------------------------------------------------------------------------------------------
129594
10/06/92
$7.00
JOHNSON WINE CO.
LI19921005
7755135
VERNON SELLING
CST OF GD WIN
LI1006
10/06/92
-$6.77
JOHNSON WINE CO.
LI19921005
7755135
VERNON SELLING
CASH DISCOUNT
LI1006
10/06/92
$350.56
JOHNSON WINE CO.
LI19921005
7755150
VERNON SELLING
CST OF GD LIQ
LI1006
10/06/92
$3.00
JOHNSON WINE CO.
LI19921005
7755150
VERNON SELLING
CST OF GD LIQ
LI1006
10/06/92
-$7.01
JOHNSON WINE CO.
L119921005
7755150
VERNON SELLING
CASH DISCOUNT
LI1006
10/06/92
- $141.83
JOHNSON WINE CO.
LI19921005
7734791
YORK SELLING
CST OF GD WIN
LI1006
< *>
$17,089.50*
129595
10/06/92
$81.16
MN CROWN DIST
LI19921005
2268
YORK SELLING
CST OF GD WIN
LI1006
<*>
$81.16*
.
129596
10/06/92
$226.40
PAUSTIS & SONS
LI19921005
26369
50TH ST SELLIN
CST OF GD WIN
LI1006
10/06/92
$5.00
PAUSTIS & SONS
LI19921005
26369
50TH ST SELLIN
CST OF GD WIN
LI1006
< *>
$231.40*
129597
10/06/92
$664.47
PRIOR WINE COMPANY
LI19921005
610911
VERNON SELLING
CST OF GD WIN
LI1006
10/06/92
-$6.64
PRIOR WINE COMPANY
LI19921005
610911
VERNON.SELLING
CASH DISCOUNT
L11006
10/06/92
$402.33
PRIOR WINE COMPANY
LI19921005
610912
50TH ST SELLIN
CST OF GD WIN
LI1006
10/06/92
-$4.30
PRIOR WINE COMPANY
L119921005
610912
50TH ST SELLIN
CASH DISCOUNT
LI1006
10/06/92
- $402.33
PRIOR WINE COMPANY
LI19921005
610912
50TH ST SELLIN
CST OF GD WIN
LI1006
10/06/92
$4.30
PRIOR WINE COMPANY
LI19921005
610912
50TH ST SELLIN
CASH DISCOUNT
LI1006
10/06/92
$429.73
PRIOR WINE COMPANY
LI19921005
610912
50TH ST SELLIN
CST OF GD WIN
LI1006
10/06/92
-$4.30
PRIOR WINE COMPANY
LI19921005
610912
50TH ST SELLIN
CASH DISCOUNT
LI1006
10/06/92
$893.74
PRIOR WINE COMPANY
LI19921005
610913
YORK SELLING
CST OF GD WIN
LI1006
10/06/92
-$8.94
PRIOR WINE COMPANY
LI19921005
610913
YORK SELLING
CASH DISCOUNT
LI1006
< *>
$1,968.06*
129598
10/06/92
$2,752.93
QUALITY WINE
LI19921005
27705
VERNON SELLING
CST OF GD WIN
LI1006
10/06/92
- $27.53
QUALITY WINE
LI19921005
27705
VERNON SELLING
CASH DISCOUNT
LI1006
10/06/92
$3,324.11
QUALITY WINE
LI19921005
27707
YORK SELLING
CST OF GD WIN
LI1006
10/06/92
- $33.24
QUALITY WINE
LI19921005
27707
YORK SELLING
CASH DISCOUNT
LI1006
10/06/92
$2,261.24
QUALITY WINE
LI19921005
27793
VERNON SELLING
CST OF GD LIQ
LI1006
10/06/92
- $45.22
QUALITY WINE
LI19921005
27793
VERNON SELLING
CASH DISCOUNT
LI1006
10/06/92
$140.85
QUALITY WINE
LI19921005
27794
VERNON SELLING
CST OF GD WIN
LI1006
10/06/92
-$1.41
QUALITY WINE
LI19921005
27794
VERNON SELLING
CASH DISCOUNT
LI1006
10/06/92
$1,013.52
QUALITY WINE
LI19921005
27808
50TH ST SELLIN
CST OF GD LIQ
LI1006
10/06/92
- $20.27
QUALITY WINE
LI19921005
27808
50TH ST SELLIN
CASH DISCOUNT
LI1006
10/06/92
$207.99
QUALITY WINE
LI19921005
27914
VERNON SELLING
CST OF GD LIQ
L11006
10/06/92
-$4.16
QUALITY WINE
LI19921005
27914
VERNON SELLING
CASH DISCOUNT
LI1006
10/06/92
$2,860.78
QUALITY WINE
LI19921005
27915
YORK SELLING
CST OF GD LIQ
LI1006
10/06/92
- $57.22
QUALITY WINE
LI19921005
27915
YORK SELLING
CASH DISCOUNT
LI1006
10/06/92
$214.23
QUALITY WINE
LI19921005
27938
VERNON SELLING
CST OF GD LIQ
LI1006
10/06/92
-$4.28
QUALITY WINE
LI19921005
27938
VERNON SELLING
CASH DISCOUNT
LI1006
10/06/92
$2,437.77
QUALITY WINE
LI19921005
28053
50TH ST SELLIN
CST OF GD WIN
LI1006
10/06/92
- $24.38
QUALITY WINE
LI19921005
28053
50TH ST SELLIN
CASH DISCOUNT
LI1006
< *>
$14,995.71*
129599
10/06/92
$196.00
SALUD AMERICA
LI19921005
2973
VERNON SELLING
CST OF GD WIN
LI1006
10/06/92
$2.00
SALUD AMERICA
LI19921005
2973
VERNON SELLING
CST OF GD WIN
LI1006
< *>
$198.00*
129600
10/06/92
$2,062.97
QUALITY WINE
LI19921005
22915
VERNON SELLING
CST OF GD LIQ
LI1006
10/06/92
- $41.26
QUALITY WINE
LI19921005
22915
VERNON SELLING
CASH DISCOUNT
LI1006
10/06/92
$3,955.13
QUALITY WINE
LI19921005
22918
YORK SELLING
CST OF GD LIQ
LI1006
10/06/92
- $79.10
QUALITY WINE
LI19921005
22918
YORK SELLING
CASH DISCOUNT
L11006
COUNCIL CHECK REGISTER BY CHECK
NUMBER
FRI, OCT
9, 1992, 9:09 PM
page 13
CHECK# DATE
CHECK AMOUNT
VENDOR
DESCRIPTION
INVOICE
PROGRAM
OBJECT
P.O. #
------------------------------------------------------------------------------------------------------------------------------------
129600 10/06/92
$2,030.94
QUALITY
WINE
LI19921005
22923
50TH
ST SELLIN
CST OF GD LIQ
LI1006
10/06/92
- $40.62
QUALITY
WINE
LI19921005
22923
50TH
ST SELLIN
CASH DISCOUNT
LI1006
10/06/92
- $20.28
QUALITY
WINE
LI19921005
28877
VERNON SELLING
TRADE DISCOUN
LI1006
10/06/92
- $20.28
QUALITY
WINE
LI19921005
28878
YORK
SELLING
TRADE DISCOUN
LI1006
10/06/92
- $20.28
QUALITY
WINE
LI19921005
28879
50TH
ST SELLIN
TRADE DISCOUN
LI1006
<*>
$7,827.22*
$348,760.82*
COUNCIL
CHECK SUMMARY "oY CHECK NUMBER
FRI. OCT 9, 1992, 9:31 PM page 1
---------------''-
FUND
#
10
��---------=----------------------------------------------------------------------------------------
------------ - - - - --
$110,581.64
FUND
#
27
c
-
$688.23
FUND
FUND
#
#
40
50
° iz
t,=
$1,199.81
$236,291.14
$348,760.82*
s.
1