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HomeMy WebLinkAbout2003-02-18_COUNCIL PACKETAGENDA EDINA HOUSING AND REDEVELOPMENT AUTHORITY EDINA CITY COUNCIL FEBRUARY 18, 2003 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 ( *) in bold print are Consent Agenda items and are considered routine and will be enacted by one motion. There will be no separate discussion of such items unless a Commissioner, Council Member or citizen so requests it. In such cases the item will be removed from the Consent Agenda and considered in its normal sequence on the Agenda. I. APPROVAL OF MINUTES OF HRA - Regular Meeting of February 4, 2003. II. CONFIRMATION OF PAYMENT OF CLAIMS - As per Pre -List dated, February 13, 2003, TOTAL $11,221.85. III. ADTOURNMENT EDINA CITY COUNCIL RESOLUTION OF APPRECIATION - ROY TERWILLIGER RESOLUTION OF APPRECIATION - 50TH ANNIVERSARY - EDINA POPS I. APPROVAL OF MINUTES - Regular Meeting of February 4, 2003 and Work Session of February 4, 2003 II. PUBLIC HEARINGS AND REPORTS ON PLANNING MATTERS - Zoning Ordinances: First Reading requires affirmative rollcall votes of three Council members except that a rezoning from residential to non - residential requires four affirmative votes. Second Reading requires affirmative rollcall votes of three of Council to pass except rezoning from residential to non - residential requires four affirmative votes. Waiver of Second Reading: Affirmative rollcall votes of four members of Council to pass. Final Development Plan Approval of Property Zoned Planned District: Affirmative rollcall vote of three Council members required passing. Conditional Use Permit: Affirmative rollcall vote of three Council members required to pass. Variance Appeal: Favorable rollcall of Council Members present to uphold or deny appeal. Heritage Landmark Designation: Favorable rollcall of three Council members required to pass resolution designating address a Heritage Landmark Rollcall A. PUBLIC HEARING- Ordinance No. 850 -A23. Second Reading - Consideration of Designation of the Country Club District as a Heritage Landmark District pursuant to Section 850.20 of the City Code; Resolution No. 2003 -16 - Plan of Treatment for Country Club District; and Ordinance No. 2003- 3 - Amending Code Section 850.20 Subdivision 11 Appeals Clarification and Rescind Moratorium on Demolitions Rollcall B. PUBLIC HEARING - Preliminary Plat Approval, Curt Fretham, 6400 Ryan Avenue South. Generally located east of Highway 100 and south of Crosstown Highway 62. Rollcall C. PUBLIC HEARING - Ordinance No. 2003- 4 Amendment to Code Section 850.16 to allow Produce Stands in PCD 1, 2, and 3 III. ORDINANCES - First Reading: Requires offering of Ordinance only. Second Reading: Favorable rollcall vote of three Council members to pass. Waiver of Second Reading: Affirmative vote of four Council members to pass. Rollcall Rollcall w w • • Rollcall Agenda/ Edina City Council February 18, 2003 Page 2 A. ORDINANCE NO. 2002 -11- Regulation of Body Art - Second Reading B. ORDINANCE NO. 2003-2 - Centerpoint Energy Minnegasco Franchise Renewal Ordinance IV. AWARD OF BID A. Two Greensmowers Braemar Golf Course B. Fox Meadow Park Improvement No. PK03 -2 C. Fertilizer Purchase Braemar Golf Course D. Concrete Masonry - Edina City Hall/ Police Facility E. Structural Steel - Edina City Hall/ Police Facility V. REPORTS/ RECOMMENDATIONS A. Traffic Safety Staff Review of February 10, 2003 B. Resolution Authorizing The City Of Edina To Enter Into An Agreement With Hennepin County To Accept Funding For The Edina Recycling Program C. Annual Appointment of Weed Inspector D. Goal Setting Retreat Date (3/22/03) E. 2003 Labor Agreement Local 49er's (Public Works) F. State Aid Sidewalk Report VI. FINANCE A. CONFIRMATION OF PAYMENT OF CLAIMS As per Pre -List dated February 5, 2003, Total $747,054.35; and February 13, 2003, Total $1,055,788.79. B. SALE OF BONDS - General Obligation Refunding Bonds, General Obligation Utility Bonds, General Obligation Equipment Certificates VII. COMMUNICATIONS AND PETITIONS VIII. CONCERNS OF RESIDENTS A. Metro Transit Sector 5 Plan B. Richard Olson IX. INTERGOVERNMENTAL ACTIVITIES X. SPECIAL CONCERNS OF MAYOR AND COUNCIL XI. MANAGER'S MISCELLANEOUS ITEM SCHEDULE OF UPCOMING MEETINGS Tues Mar 4 Work Session - Legislative Update 6:00 P.M. COUNCIL CHAMBERS Tues Mar 4 Regular Meeting 7:00 P.M. COUNCIL CHAMBERS Tues Mar 18 Regular Meeting 7:00 P.M. COUNCIL CHAMBERS Sat Mar 22 Strategic Planning/ Goal Setting Retreat 8:00 A.M. TO BE DETERMINED Tues Mar 25 ANNUAL MEETING OF BOARD & COMM. 5:00 P.M. CENTENNIAL LAKES CENTRUM Tues Apr 1 Regular Meeting 7:00 P.M. COUNCIL CHAMBER' Mon April 14 Board of Review 5:00 P.M. COUNCIL CHAMBEI Tues April 15 Regular Meeting 5:00 P.M. COUNCIL CHAMBERS Tues April 22 VOLUNTEER RECOGNITION 5:00 P.M. EDINBOROUGH PARK Tues May 6 Regular Meeting 5:00 P.M. COUNCIL CHAMBERS Tues May 20 Regular Meeting 5:00 P.M. COUNCIL CHAMBERS Mon May 26 MEMORIAL DAY OBSERVED - City Hall Closed MINUTES OF THE REGULAR MEETING OF THE EDINA HOUSING AND REDEVELOPMENT AUTHORITY HELD AT CITY HALL FEBRUARY 4, 2003 7:00 P.M. ROLLCALL Answering rollcall were Commissioners Housh, Hovland, Masica and Chair Maetzold. CONSENT AGENDA APPROVED Motion made by Commissioner Hovland and seconded by Commissioner Housh approving the Edina Housing and Redevelopment Authority Consent Agenda as presented. Rollcall: Ayes: Housh, Hovland, Masica, Maetzold Motion carried. *MINUTES OF THE REGULAR MEETING OF JANUARY 21, 2003, APPROVED Motion made by Commissioner Hovland and seconded by Commissioner Housh approving the Edina Housing and Redevelopment Authority Minutes for January 21, 2003, as presented. Motion carried on rollcall vote — four ayes. *CONFIRMATION OF CLAIMS PAID Motion made by Commissioner Hovland and seconded by Commissioner Housh approving payment of claims dated January 23, 2003, and consisting of one page totaling $370.00. Motion carried on rollcall vote — four ayes. There being no further business on the Edina Housing and Redevelopment Authority Agenda, Chair Maetzold declared the meeting adjourned. Executive Director 2/13/2003 8:35:41 CITY OF EDINA R55CKREG LOG20000 Page - 1 Council Check Register 2/13/2003 — 2/1312003 Check # Date Amount Vendor/ Explanation PO # Doc No Inv No Account No Subledger Account Descriptlon Business Unit 13913 211312003 105387 ST. PAUL LINOLEUM & CARPET CO. 10,645.60 LIBRARY /SR. CENTER 58841 APPL #5 9134.1720 BUILDINGS GRANDVIEW TAX DISTRICT 10,645.60 13914 2/13/2003 100049 EHLERS & ASSOCIATES INC 156.25 T.I.F. CONSULTING 58854 20339 9134.6103 PROFESSIONAL SERVICES GRANDVIEW TAX DISTRICT 156.25 13915 2/13/2003 101758 SANDERS WACKER BERGLY INC. 210.00 LANDSCAPE ARCHITECT 58855 0243 -5 9134.1719 PROF FEES ARCH AND ENG GRANDVIEW TAX DISTRICT 210.00 LANDSCAPE ARCHITECT 58856 0237-6 9134.1719 PROF FEES ARCH AND ENG GRANDVIEW TAX DISTRICT 420.00 11,221.85 Grand Total Payment Instrument Totals Check Total 11,221.85 Total Payments 11,221.85 R55CKSUM LOG20000 CITY OF EDINA 2/1312003 8:35:47 Council Check Summary Page - 1 2/1312003 - 2/1312003 Company Amount 09000 HRA FUND 11,221.85 Report Totals 11,221.85 We confirm to the best of our knowledge and belief, that these claims comply in all material respects with the requirements of the City of Edina purchasing policies and procedurate 2,10, ,-�3 ow e , ts� \NCORPOPA5�O/ lees RESOLUTION OF APPRECIATION Whereas, Roy Terwilliger was elected to the Minnesota Senate on January 4, 1992, in a special election as the Senator from District 42 serving all of Edina and part of Eden Prairie and served in that capacity until January 6, 2003; and Whereas, during those eleven years in public office, Roy Terwilliger has served on numerous committees and commissions including Education, Finance, Higher Education Budget Division, Jobs, Housing and Economic Development, Transportation, Transportation and Public Safety Budget Division, Government Operations, Health and Human Services, Rules, Ethical Conduct, Election, Council on Black Minnesotans and Legislative Commission on Pensions and Retirement; and Whereas, Roy Terwilliger during his years of public service has contributed greatly to the well- being of the State of Minnesota and to Senate District 42; and Whereas, Roy Terwilliger has deservedly held the respect and regard of his fellow residents of the City of Edina. Now, Therefore, Be It Resolved that the Edina City Council does hereby express its appreciation on behalf of all Edina citizens to ROY TERWILLIGER for his unselfish and dedicated service as a member of the Minnesota State Legislature; and Be It Further Resolved, that this resolution be entered in the minutes of the Edina City Council and that an appropriate copy be presented to him. Adopted this 18th day of February 2003. Michael F. Kelly, Mayor Pro Tem e Cn • ,��R�B ��O • RESOLUTION OF APPRECIATION Whereas, the Edina High School Concert Band has rehearsed and performed since the founding of Edina High School in 1949; and Whereas, under the inspired leadership of its conductors — Butler, Eitel, Melichar, Elledge and Webb —the Band for 49 consecutive years has earned "Superior" rankings (the highest achievable) at the Minnesota State High School League contests; and Whereas, the Band has a history of major convention performances, including appearances at the Midwest Clinic, Iowa Bandmasters Association (as the only out -of -state high school band ever invited) and Minnesota Music Educators Association; and Whereas, Edina High School through its fifty annual Pops Concerts has skillfully crafted an exquisite lyric mosaic fashioned from brass, silver and wood; and Whereas, this year's Pops Concert titled "Pops ... A Golden Celebration" will be held Feb. 21, 22, 27, 28 and March 1 and 2, and an reunion banquet celebration to be attended by several hundred band alumni held March 1; Now, Therefore, Be It Resolved that the Edina City Council does hereby express its thanks and appreciation on behalf of all Edina citizens to the EDINA HIGH SCHOOL CONCERT BAND for their fifty years of entertainment to the citizens of Edina; and Be It Further Resolved, that this resolution be entered in the minutes of the Edina City Council. Adopted this 18`h day of February 2003. Michael F. Kelly, Mayor Pro Tem MINUTES OF THE REGULAR MEETING OF THE EDINA CITY COUNCIL HELD AT CITY HALL FEBRUARY 4, 2003 7:00 P.M. ROLLCALL Answering rollcall were Members Housh, Hovland, Masica and Mayor Maetzold. Member Kelly was absent. CONSENT AGENDA ITEMS APPROVED Motion made by Member Hovland and seconded by Member Housh approving the Council Consent Agenda as presented. Rollcall: Ayes: Housh, Hovland, Masica, Maetzold Motion carried. *MINUTES OF THE REGULAR MEETING OF TANUARY 21, 2003, APPROVED Motion made by Member Hovland and seconded by Member Housh, approving the Minutes of the Regular Meeting of the Edina City Council for January 21, 2003. Motion carried on rollcall vote - four ayes. RESOLUTION NO 2003 -19 - EXPRESSING APPRECIATION TO JOHN CONNOLLY AND TERRY'S HARDWARE Mayor Maetzold commended John Connolly and Jerry's Hardware for their smoke and fire detector contributions to the Edina Fire Department for installation in homes in Edina. Member Hovland made a motion approving the following resolution: RESOLUTION NO. 2003-19 A RESOLUTION. WHEREAS, the Edina Fire Department has been installing smoke detectors in Edina residences since October 2001 through their smoke detector program; and WHEREAS, since October 2001, Edina Firefighters have visited 100 homes and installed over 200 smoke detectors to provide early warning of fire to these residents; and WHEREAS, John Connolly, Manager of Jerry's Hardware, recognized the importance of smoke detectors in saving lives and offered to support the Fire Department's installation program, and WHEREAS, Jerry's Hardware has generously donated the smoke and fire detectors that have been installed in residences in Edina. NOW, THEREFORE, BE IT RESOLVED, that the City of Edina and the Edina Fire Department expresses appreciation and commends John Connolly & Jerry's Hardware for their contribution of smoke and fire detectors and for helping make the City of Edina a safer community for our residents. Member Masica seconded the motion. Ayes: Housh, Hovland, Masica, Maetzold Motion carried. Page 1 Minutes/Edina City Council/FebruM 4, 2003 FIREFIGHTERS RECOGNIZED FOR MERITORIOUS CONDUCT Fire Chief Marty Scheerer commended three Edina Firefighters for their extraordinary efforts in the rescue of a painter who became entangled in cables approximately 150 feet above ground while painting the Southdale Center water tower November 3, 2002. Chief Scheerer showed a brief video of the actual rescue. He commended Special Operations Team Members Mike Gorshe, Todd Porthan and Joe Struzyk of the Edina Fire Department and awarded them Certificates of Meritorious Conduct. FIRST READING GRANTED FOR ORDINANCE NO. 850 -A23• CONSIDERATION OF DESIGNATION OF THE COUNTRY CLUB DISTRICT AS A HERITAGE LANDMARK DISTRICT PURSUANT TO SECTION 850.20 OF THE CITY CODE Affidavits of Notice were presented, approved and ordered placed on file. Presentation by Associate Planner Joyce Repya, Associate Planner, presented the background and recommendations from the Heritage Preservation Board. Ms. Repya stated the Edina Country Club District was placed on the National Register of Historic Places in 1980. The designation recognized the district as the first planned community in the state comprised of a significant and well preserved concentration of historic domestic architecture. She noted that due to the National Register designation, many people assumed that there were controls in place to regulate building activity in the district. Ms. Repya pointed out the National Register depends on the local government to provide controls and regulations. Ms. Repya explained that since the 1980 National Register designation, the Heritage Preservation Board had struggled with addressing the preservation needs of the district. Ultimately, it was determined that the Heritage Preservation section of the Zoning Ordinance which required HPB review and control of all exterior changes for designated properties, yet did not provide standards or guidelines, was inadequate and did not meet the needs of a district designation. Ms. Repya stated that by the Spring of 2001, the City had been receiving numerous calls and letters from residents of the Country Club District stressing their concerns regarding the demolition of homes in their neighborhood as well as the proliferation of large additions which if uncontrolled could change the character of the district. The Heritage Preservation Board came to the conclusion that the time was right to seriously consider designating the Country Club as historic, but felt it was imperative to involve the residents in the process. To that end, the Board initiated the following activities and meetings: ■ Tune 2001 Surveys were mailed to all Country Club residents to gather their opinions regarding the building activities in their neighborhood and determine whether they would be in favor of some form of control. 58% of the surveys were returned; 70% of those indicated a desire for tighter controls of building activity and a review process for changes. Page 2 Minutes/Edina City Council/February 4, 2003 ■ February 26, 2002, The Heritage Preservation Board held an informational meeting to outline: • The history of the heritage preservation movement, • Edina's preservation activities since 1976, and • Changes being proposed by the HPB to the preservation section of the code. A question and answer session followed the presentation. Invitations to this meeting were mailed to all Country Club District residents and a notice of the meeting was published in the Edina Sun Current. ■ Tune 18, 2002, City Council amended the Heritage Preservation section to the Zoning Ordinance, 850.20. The new code was designed to provide an approach to heritage preservation that serves the needs of the designated property owners as well as the community. As part of the required landmark nomination report, a preservation plan is established, clearly defining the significance of the landmark property and the goals and objectives for preservation. This plan of treatment includes guidelines and procedures defining the heritage preservation expectations for the designation. The provisions of the new ordinance require that a Certificate of Appropriateness be approved for the demolition of homes and /or garages and the construction of new homes and /or garages as well as the moving of buildings and excavations on a designated property or within a designated district. Notice of Public Hearing was published in the Edina Sun Current. ■ December 10, 2002, The Heritage Preservation Board held a meeting to solicit comments and concerns from interested parties regarding the development of the plan of treatment for the Country Club District designation. A notice announcing the meeting was published in the Edina Sun Current and phone calls were made to over one dozen district residents who had either attended previous meetings or had expressed an interest in the designation. ■ lanuary 29, 2003, The Edina Planning Commission held a public hearing regarding the proposed landmark designation of the Country Club District. The Commission heard public comments and moved to recommend approval of the Edina Heritage Landmark zoning designation for the Country Club District. A Notice of Public Hearing was mailed to all residents of the Country Club District for the Planning Commission meeting on January 29th as well as the February 4th Council meeting. Furthermore, property owners within 500 feet of the district received a Notice of Public Hearing for the February 4th Council meeting. Ms. Repya stated the landmark nomination study identified the significance of the Country Club District as well as the plan of treatment and guidelines for new home construction. She explained the document was developed to set out the goals and objectives for preserving the Page 3 Minutes/Edina City Council/February 4, 2003 historic integrity of the district and would serve as a guide when residents choose to improve their property, whether or not a Certificate of Appropriateness would be required. Ms. Repya concluded with the Heritage Preservation Board's and Planning Commission's recommendations for the Council to • Add the Edina Heritage Landmark zoning designation to • the Country Club District, • 4400 West 50th Street - George W. Baird House, • 4200 West 44th Street - Jonathan Grimes House, • 5312 Interlachen Boulevard - Paul Peterson House, • 4918 Eden Avenue - Cahill School, and • 4918 Eden Avenue - Minnehaha Grange Hall. • adopt the plan of treatment designed to identify the goals and procedures for preservation for the Country Club District. Member Housh asked about the definition of pivotal vs. complementary homes. He expressed concern that only certain properties would be held to a higher standard and stated that originally only total demolitions were being reviewed. Member Masica stated that the Certificate of Appropriateness seemed very subjective and wondered if it could be made less so. Robert Vogel, Historical Preservation Consultant, explained that the "Certificate of Appropriateness' would be part of the building permit process. He stated this would be the way to make certain that the necessary staff and advisory body review proposed plans for Historical Landmark properties. Mr. Vogel added the standards as proposed were generally known and accepted by architects since the same standards have been used by the U.S. Secretary of the Interior and elsewhere in the country in communities with historically significant homes. He said that the 1980 Study that designated the County Club District Plat a National Historic Landmark used the pivotal and complementary definitions. Member Housh said he did not support the two definitions and would be uncomfortable holding 190 homeowners to a different standard. He felt that all the houses in the District should be treated in the same manner. Member Housh also wanted the difference between partial demolition and addition explained more clearly. Mayor Maetzold also asked for a better definition of partial demolition. Mr. Vogel advised the Council they would want to pursue whatever means necessary to preserve the historic fabric of the district. He stated the most important thing to remember was the review process would handle each home individually within the district. The Historical Preservation Board and staff would need to decide if the property were pivotal and they would have a detailed guideline to make that judgment. Member Masica asked if the large addition to the Baird home would have needed a Certificate of Appropriateness. Mr. Vogel said that was simply an addition and as such not Page 4 Minutes/Edina Ci!y Council/February 4, 2003 regulated. Rather working with the Board was a proactive friendly collaboration. He added the City would not become involved in regulating that type of addition. Member Hovland stated he was pleased to see the term "tear -down' being done away in light of demolition. In his opinion, it seemed the Council saw a partial demolition the same as an addition. He added he agreed with Member Housh that full demolitions should be concentrated upon at this time, expressing concern that staff would be overburdened. Member Hovland concluded that he also wanted to treat all homes within the District the same without making a distinction between pivotal and complementary. Mayor Maetzold asked if partial demolitions would include garages. He noted that some garages are beautiful and asked if there were concern over their demolition. Ms. Repya pointed out that the Heritage Preservation Board felt detached garages should be considered a principle structure and therefore would be regulated. She added that the addition of partial demolition happened in response to calls from contractors asking if they could avoid regulation by leaving one wall standing during a total demolition. Mayor Maetzold asked what the legal basis was for promulgating historic preservation regulations. Attorney Gilligan said that Minnesota Statute 462 allows cities to zone property within its boundary and to set standards for said zoned districts. Public Comment J.C. Beckstrand, 4386 Wooddale Avenue, St. Louis Park, stated he lived on the corner lot adjacent to 44th and Wooddale. Mr. Beckstrand said he favored the designation noting his home predated the County Club District by approximately two decades. He urged inclusion of the tree canopy on 44th Street as part of the District. Ms. Repya acknowledged that the area in question was the old trolley line on 44th Street. She said that Edina would be designating at this time, only the land already on the National Historic Register. Alice Lees, 4626 Drexel Avenue, said she owned a home on a double lot. Ms. Lees asked what would happen if a new owner wanted to build another house on one of the lots. Ms. Repya explained that both lots exist today as lots of record; therefore, a new home could be built on the vacant lot. Kevin Tauer, 4605 Drexel Avenue, asked what would be covered under partial demolitions. For instance, would that include fences. Ms. Repya replied that only the principal structures (house and detached garage) would be included. She added the reason for including partial demolition to the Heritage Preservation Ordinance was in response to contractors questioning whether obtaining a certificate of appropriateness by leaving one wall of a structure standing. Daniel Thompson, 6104 Ewing Avenue South, stated he was not a resident of the Country Club District, but believed that all the homes in the District should be treated one way. He urged the Council to move forward with the designation. Page 5 Minutes/Edina City Council/February 4, 2003 Lee McGrath, 4614 Moorland Avenue, stated he also owned 4619 Moorland Avenue. Mr. - McGrath said he hoped to demolish the existing home at 4619 and build a new home to live in. He suggested that the last speaker was incorrect when stating that all homes in the Country Club be treated alike. Only 36% of the homes need preservation. Mr. McGrath said that in his opinion property rights should be as important as first amendment rights. He urged the Council to allow residents freedom with the homes deemed complementary not pivotal. Mr. McGrath asked the Council to leave out the demolition prohibition from the ordinance. Judith Gehrke, 4622 Casco Avenue, stated she had attended the December 10, 2002 Heritage Preservation Board meeting. She added that she served on the Historical Board in the village of Afton for fifteen years. Ms. Gehrke expressed concern over the pivotal vs. complementary designations. Ms. Gehrke asked if having a home with a complementary instead of a pivotal designation would affect the salability of the home. She suggested that the Plan of Treatment be retooled slightly and then be brought back for review. Member Housh made a motion seconded by Member Masica closing the public hearing. Ayes: Housh, Hovland, Masica, Maetzold Motion carried. Council Discussion/ Action Member Housh said he could not support adopting an ordinance or plan that designated some homes pivotal and some complementary. He felt all homes must be protected and treated in the same manner. He suggested that the partial demolition be defined more clearly before final action on the matter. Member Hovland acknowledged Mr. McGrath's concern for property rights and freedom and added that the Council has the task of making the distinction of the public good vs. the property right. He noted that most residents within the Country Club District currently believed that regulations were in place safeguarding their property. Member Hovland agreed with Member Housh that the entire Country Club District be treated in the same manner. He added he also believed the definition of demolition and partial demolition needed further clarification. Member Masica agreed with the both Members Housh and Hovland. She commended the Heritage Preservation Board and staff on the development of the Plan of Treatment and added her request that demolition and partial demolition definitions be reviewed and updated. Mayor Maetzold added his request for a better definition of partial demolition. He stated that he also felt all homes should be treated the same. Member Hovland made a motion granting First Reading to Ordinance No. 850 -A23, amending the Zoning Ordinance (Section 850) by adding the designation Edina Heritage Landmark to certain properties in the Single Dwelling Unit District (R -1). Further staff Page 6 Minutes/Edina City Council/February 4, 2003 was directed to refine the definition of partial demolition and the proposed Plan of Treatment and present them at a future meeting. Member Housh seconded the motion. Rollcall: Ayes: Housh, Hovland, Masica, Maetzold Motion carried. *HEARING DATE OF FEBRUARY 18, 2003, SET FOR PLANNING MATTERS Motion made by Member Hovland and seconded by Member Housh setting February 18, 2003, as hearing date for planning matters as follows: 1. Preliminary Plat Approval - Curt Fretham (6400 Ryan Avenue South). Generally located east of Highway 100 and south of Crosstown Highway 62; and 2. Amendment to Code Section 850 to Allow Produce Stands in PCD -1, 2, and 3 Districts. Motion carried on rollcall vote - four ayes. *RESOLUTION NO. 2003 -14 - LOT DIVISION FOR ROBERT PERRY AND DAVID DENT (6712 AND 6716 ARROWHEAD PASS) Motion made by Member Hovland and seconded by Member Housh approving the following resolution: RESOLUTION NO. 2003-14 LOT DIVISION 6712 AND 6716 ARROWHEAD PASS WHEREAS, the following described properties are at present two tracts of land: Lot 1, Block 1, Replat of MCCAULEY HEIGHTS FIRST ADDITION, Hennepin County, Minnesota, and: Lot 2, Block 1, Replat of MCCAULEY HEIGHTS FIRST ADDITION, Hennepin County, Minnesota. WHEREAS, the owners have requested the following land transfer as follows: PARCEL 1: Lot 1 and that part of Lot 2, Block 1, Replat of Lot 3, McCauley Heights First Addition, Hennepin County, Minnesota described as follows: Beginning at the most Westerly corner of said Lot 2; thence Southeasterly along the Southwesterly line 73.28 feet to a Southerly corner of said Lot 2; thence Easterly along a curve with a radius of 50 feet, an arc length of 12.0 feet; th4ence Northwesterly to a point on the Northwesterly line of said lot 2, a distance of 16.0 feet Northeasterly from the most Westerly corner of said Lot 2, thence Southwesterly 16.0 feet to the point of beginning and there terminating. PARCEL 2: Lot 2, Block 1, Replat of Lot 3, MACCAULEY HEIGHTS, FIRST ADDITION, Hennepin County, Minnesota, except that part described as follows: Beginning at the most Westerly corner of said Lot 2, thence Southeasterly along the Southwesterly line 73.28 feet to a Southerly corner of said Lot 2, Page 7 Minutes/Edina Ci!y Council/February 4, 2003 thence Easterly along a curve with a radius of 50 feet, an arc length of 12.0 feet; thence Northwesterly to a point on the Northwesterly line of said lot 2, a distance of 16.0 feet Northeasterly from the most Westerly corner of said Lot 2; thence Southwesterly 16.0 feet to the point of beginning and there terminating. WHEREAS, the requested land transfer is authorized under Code Section 810 and it has been determined that compliance with the Subdivision and Zoning Regulations of the City of Edina will create an unnecessary hardship and said newly created Parcels as separate tracts of land do not interfere with the Subdivision and Zoning Regulations as contained in the Edina City Code Sections 810 and 850; NOW, THEREFORE, it is hereby resolved by the City Council of the City of Edina that the conveyance and ownership of the above described tracts of land (PARCEL A and PARCEL B) as separate tracts of land are hereby approved and the requirements and provisions of Code Sections 850 and 810 are hereby waived to allow said division and conveyance thereof as separate tracts of land but only to the extent permitted under Code Sections 810 and 850 subject to the limitations set out in Code Section 850 and said Ordinances are now waived for any other purpose or as to any other provisions thereof, and further subject, however, to the provision that no further subdivision be made of said Parcels unless made in compliance with the pertinent Ordinances of the City of Edina. Adopted this 41h day of February 2003. Motion carried on rollcall vote - four ayes. ORDINANCE NO. 2002 -11 - REGULATION OF BODY ART CONTINUED TO FEBRUARY 18, 2003 Sanitarian Velde reviewed the changes made to the proposed ordinance regulating body art since December 2002, when the first reading was granted as follows: • The term licensed medical or dental personnel replaced the term Board Certified medical or dental personnel • Prohibition on the use of piercing systems for piercing any part of the body except the ear lobe. • The definition of body piercing was changed to more clearly define body piercing as the use of pre - sterilized single use needles, not piercing guns, for puncturing or penetrating the skin of a client. Mr. Velde stated the effective date of the proposed ordinance would be July 1, 2003, allowing staff time to develop the necessary application materials and consent and release forms. Member Hovland pointed out some corrections and areas of concern he felt needed to be addressed before further action was taken on the proposed ordinance. Following a brief discussion Member Masica made a motion, seconded by Member Hovland to continue action on the proposed ordinance until the February 18, 2003, regular Council meeting. Ayes: Housh, Hovland, Masica, Maetzold Motion carried. *BID AWARDED FOR FLOOR HOIST - PUBLIC WORKS CONTRACT NO. 03-3 Motion made by Member Hovland and seconded by Member Housh for award of bid for a public Page 8 Minutes/Edina City Council/February 4, 2003 works floor hoist, Contract No. 03 -3, to recommended low bidder, Pump & Meter Service, Inc., at $69,959.00. Motion carried on rollcall vote - four ayes. *BID AWARDED FOR LOG LOADER CHASSIS CAB - PARK DEPARTMENT Motion made by Member Hovland and seconded by Member Housh for award of bid for a log loader chassis cab for the Park Department to recommended bidder, Boyer Trucks, Inc., under State of Minnesota Contract #430055 at $70,088.00. Motion carried on rollcall vote - four ayes. RESOLUTION NO. 2003 -13 APPROVING FUNDING FOR STREET CONSTRUCTION AND MAINTENANCE IN LEAGUE OF MINNESOTA CITIES REPORT Engineer Houle explained the League of Minnesota Cities (LMC) as well as the City Engineers Association of Minnesota and the Minnesota Public Works Association released a report entitled, "Funding Street Construction and Maintenance in Minnesota Cities ". He stated this report outlined existing funding mechanisms and their limitations and described deficiencies of the municipal state aid (MSA) and non -MSA city street systems. Mr. Houle noted the report provided several policy recommendations that would lead to improved municipal street conditions such as: • Establish a "Local Road Improvement Program" o Provide Greater Flexibility of Special Assessments • Authorize Cities to Establish a "Transportation Utility" • Increase Funding to the Municipal State Aid System Mr. Houle added that funding for local roadway improvements would continue to become more difficult as costs escalate. He said staff recommended approving a resolution in support of the League of Minnesota Cities (LMC) report. Member Hovland introduced the following resolution and moved its adoption: RESOLUTION NO. 2003-13 RESOLUTION SUPPORTING LEGISLATION TO PROVIDE IMPROVED FUNDING OPTIONS FOR CITY STREET IMPROVEMENTS WHEREAS, Minnesota contains over 135,000 miles of roadway, and over 19,000 miles - or 14 percent - are owned and maintained by Minnesota's 853 cities; and WHEREAS, city streets are a separate but integral piece of the network of roads supporting movement of people and goods; and WHEREAS, existing funding mechanisms, such as Municipal State Aid (MSA), property taxes, special assessments and bonding, have limited applications, leaving cities under equipped to address growing needs. WHEREAS, maintenance costs increase as road systems age, and no city - large or small -is spending enough on roadway capital improvements to maintain a 50 -year lifecycle; and WHEREAS, the City Council of the City of Edina finds it is difficult to develop adequate funding systems to support the City's needed street improvement and maintenance programs while complying with existing State statutes; and Page 9 Minutes/Edina City Council/February 4, 2003 WHEREAS, The League of Minnesota Cities, the Minnesota Public Works Association and the City Engineers Association of Minnesota, have jointly sponsored the development of a report entitled Funding Street Construction and Maintenance in Minnesota's Cities wherein (1) the street systems of the cities within the State are inventoried, (2) the existing funding systems are detailed and evaluated; and (3) recommendations are made; and WHEREAS, cities need flexible policies and greater resources in order to meet growing demands for the street improvements and maintenance. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Edina that this Council concurs with the finding of the above referenced report, and fully supports the recommendations contained in that report, and BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDINA that this Council supports the adoption of legislation that would provide cities with the policy options they need to address current and future challenges in providing adequate street improvement and maintenance programs. ADOPTED this 4th day of February 2003. Member Housh seconded the motion. Ayes: Housh, Hovland, Masica, Maetzold Motion carried. RESOLUTION NO. 2003 -15 - PUBLIC SAFETY RADIO SUBSCRIBER AGREEMENT APPROVED Chief Siitari explained a decision must be reached on replacement of the VHF radio system presently in place at the City. The move to the new facility and the age of the present equipment dictate that the police and fire departments upgrade or replace the radio system. Options considered were: 1. Upgrade the Present VHF System 2. Join and Adjacent Agency's System 3. Join the Hennepin Couth /Metro 800 MHz System Costs to join an adjacent agency would be the same or greater than the Hennepin County system with fewer advantages, i.e. interoperability, shared costs and wide area coverage. The VHF option would be less expensive than the Hennepin County option, but the VHF system was becoming outdated and would not offer features of the 800 MHz system the Police and Fire Departments feel were worth the additional costs. The VHF spectrum has been fully utilized and cannot provide additional channels that will allow proper communication when a major event occurs. The lack of VHF channels pushed Bloomington and Eden Prairie to 800 MHz systems in the 1990's when they needed to upgrade their radio systems. A VHF system would restrict the ability to communicate with other agencies in an efficient manner and the City would run the risk of becoming an island. Mr. Siitari acknowledged the majority of radio communications were within the City, however several components of the department conduct operations in other cities, e.g. detectives, task force investigators and mutual aid calls. Mr. Siitari added that at the outset, the proposed system would carry a greater cost but it would provide a system that will serve the City more cost effectively in the long run. On- going maintenance will be shared by all agencies on the system and the cooperative venture, Page 10 Minutes/Edina City Council/February 4, 2003 on a metro -wide basis, makes sense, especially in the current fiscal environment. The purchase and transition to the new system would be funded under the Capital Improvement Plan. He noted that $1.65 million has been allocated in the City's equipment replacement fund for radios, consoles and network activity. Mr. Siitari recommended approval of the resolution to join the Hennepin County /Metro Public Safety Communications system as an independent subscriber. Following a brief discussion Member Hovland introduced the following resolution and moved its adoption: RESOLUTION NO. 2003-15 AUTHORIZING COMMUNICATIONS SYSTEM SUBSCRIBER AGREEMENT WITH HENNEPIN COUNTY WHEREAS, Hennepin County operates a local subsystem as part of the region wide 800 MHz Public Safety Radio system, hereinafter referred to as the "System "; and WHEREAS, Hennepin County has provided for the capability of Cities, Agencies, Districts and Other Authorized Users within the County to have access to the System; and WHEREAS, Hennepin County bears primary responsibility for the health, security and integrity of the System: and WHEREAS, The City of Edina has elected to participate as a full participant with an interconnected dispatch facility operating on the System; and WHEREAS, The City of Edina has elected to participate as a full participant with end user radios operating on the System. NOW, THEREFORE, in consideration of the mutual undertaking and agreement hereinafter set forth, between Hennepin County and the City of Edina the Edina City Council hereby authorize the Mayor and the City Manager to enter into said agreement. ADOPTED this 4th day of February 2003. Member Housh seconded the motion. Ayes: Housh, Hovland, Masica, Maetzold Motion carried. METRO TRANSIT SECTION 5 STUDY LETTER OF SUPPORT APPROVED Manager Hughes explained that following the January 21, 2003, presentation by Metro Transit staff, the City Council directed staff to prepare a letter of support for the Sector 5 Plan. Member Masica made a motion approving the letter of support to the Metro Transit staff as presented. Member Housh seconded the motion. Ayes: Housh, Hovland, Masica, Maetzold Motion carried. EDINA BASKETBALL ASSOCIATION AND EDINA SOCCER ASSOCIATION PRESENTATION Dick Ward, 6809 Galway Drive, representing the Edina Basketball Association (EBA)and the Edina Soccer Association (ESA) indicated Edina's need for more, better and larger recreational facilities. Mr. Ward noted the property at 7300 Bush Lake Road that was once a racquet club has been put up for sale. He suggested the property be used as a community recreational facility, e.g., training for indoor soccer, lacrosse or football, and gymnasiums for court sports. Additionally, the facility has locker rooms that could be rehabilitated. Mr. Ward suggested the City purchase the facility via revenue bonds through Page 11 Minutes/Edina City Council/February.4, 2003 the HRA and lease it back to the City for Park and Recreational use. He stated his belief that significant share of costs'for operation would be realized from user fees and he reiterated that if the City were interested in this purchase and proposal, a contract could be drawn for 30 - 45 days with the listing realtor. Charlie Gits, 5311 Evanswood Lane, ESA President, said the Holy Angels facility has been used for indoor soccer by Edina students on a regular basis. He said the athletic associations would be willing to acquire sponsorships and/or private donations to support the facility. Greg Bjork, 6605 Field Way, Edina Basketball President, indicated the need for a facility was made apparent during the time of the referendum. He said he looked at this as an attractive opportunity and the most affordable option possible. Council comments received were, 1) the option must be quickly investigated, 2) was there a cost to put a hold on the property so a study could be undertaken, 3) the philosophy that City enterprises operate under which was each venue must generate enough revenue to cover their debt service and expenses, 4) a partnership could be established between the user groups, the City and the greater Edina community, 5) does the City have the ability to issue more bonds at present, and 6) staff needs to take a hard look at the proposal. Mr. Hughes said he believed an architect would need to be hired to do an evaluation of whether this proposal would be feasible. The next step would be to present the evaluation to the Park Board for analysis and review. He stated another way to do this would be to relay the concept directly to the Park Board. Member Housh made a motion authorizing staff to retain a professional evaluation of the Midwest Racquet Club as a potential recreational facility. Member Masica seconded the motion. Ayes: Housh, Hovland, Masica, Maetzold Motion carried. *ANNUAL EMPLOYEE RECOGNITION LUNCHEON DATE SET FOR TUNE 18, 2003, AND EXPENDITURE APPROVED Motion made by Member Hovland and seconded by Member Housh approving the Annual Employee Recognition Luncheon expenditure of budgeted amount of $6,000.00, scheduled for June 18, 2003. Motion carried on rollcall vote - four ayes. *RESOLUTION NO. 2003 -18 AUTHORIZING PERA EXPENDITURE Member Hovland made a motion, seconded by Member Housh approving the following resolution: RESOLUTION NO. 2003-18 WHEREAS, reduced . salary was reported to the Public Employees Retirement Association Police & Fire fund during the period of 11/16/2000 through 2,/28 /2003 on behalf of Officer Michael X. Blood while he was receiving temporary workers' compensation payments related to the employee's service to the City of Edina; and WHEREAS, upon reaching the termination date of those temporary payments, Officer Blood is eligible to make a voluntary payment of the employee and employer contributions owed on the differential salary between the gross salary reported and that which he would Page 12 Minutes/Edina City Council/February 4, 2003 earned if fully employed during the specified dates. The cost is based on the average salary earned during the six calendar months immediately prior to the start date of the workers' compensation payments. NOW, THEREFORE, BE IT RESOLVED to enable Officer Blood to regain full salary credit for purposes of the calculation of retirement and/or disability benefits from PERA, by the action of this city council on February 4, 2003, the City of Edina does hereby agree, by this resolution, to bear the cost of all employer and additional employer contributions plus interest due to Public Employees Retirement Association at the rate of 9.3% of the gross salary differential between the salary reported from 11/1612000 through 2/28 /2003 and the average salary he would have earned the period plus interest at the rate of 8 1 /2% from the March 1, 2003 to the date payment is received by PERA. The City will remit the required employer contributions plus interest directly to PERA upon receipt of their notice of the City's obligation to pay. ADOPTED this 4f day of February 2003. Motion carried on rollcall vote - four ayes. COUNCIL STRATEGY PLANNING /GOAL SETTING RETREAT DATE SET Mr. Hughes indicated at a previous meeting, the Council requested a Retreat for further discussion concerning the prospect of a Strategic Planning/ Goal Setting. Past Retreats have typically been held on a Saturday between 8:00 A.M. and early afternoon. He suggested employing a facilitator for the purpose of conducting the Retreat with help from the Mayor and one other Council Member in interviewing potential candidates. Following a brief Council discussion, March 22, 2003, was tentatively set for a Council Strategy Planning /Goal setting Retreat date. No formal Council action was taken. APPOINTMENTS MADE TO BOARDS /COMMISSIONS /COMMITTEES Mayor Maetzold made the following recommendations of residents to be appointed to the Heritage Preservation Board, Human Relations Commission, Park Board and Planning Commission: • Heritage Preservation - Two Year Terms until February 1, 2005 ■ Bob Kojetin ■ Marie Thorpe • Human Relations Commission - Three Year Term until February 1, 2006 ■ Andy Otness Park Board One Year Term until February 1, 2004 ■ Michael P. Weiss • Planning Commission - Three Year Term until February 1, 2006 ■ William Skallerud Member Housh moved to endorse the Mayor's recommendations. Member Hovland seconded the motion. Ayes: Housh, Hovland, Masica, Maetzold Motion carried. *CONFIRMATION OF CLAIMS PAID Member Hovland made a motion and Member Housh seconded the motion approving payment of the following claims as shown in Page 13 Minutes/Edina City Council/February 4, 2003 detail on the Check Register dated January 23, 2003, and consisting of 31 pages: General Fund $330,490.84; Communications Fund $9,136.31; Working Capital Fund $32,609.26, Construction Fund $98.25; Art Center Fund $3,060.97, Golf Dome Fund $19,328.74, Aquatic Center Fund $1,574.53; Golf Course Fund $4,826.49; Ice Arena Fund $2,594.43; Edinborough/Centennial Lakes Fund $7,533.94; Liquor Fund $139,555.43; Utility Fund $41,421.14; PSTF Agency Fund $92,652.09; Payroll Fund $400,000.00, TOTAL $1,084,882.42; and for approval of payment of claims dated January 30, 2003, and consisting of 26 pages: General Fund $233,119.89; CDBG Fund $3,420.00; Communications Fund $463.06; IBR #2 Fund $18,316.26; Working Capital Fund $385,731.02; Construction Fund $9,284.40; Art Center Fund $4,824.14; Golf Dome Fund $330.90; Golf Course Fund $54,114.36; Ice Arena Fund $237.90; Edinborough/Centennial Lakes Fund $3,951.67, Liquor Fund $108,213.84, Utility Fund $8,112.33; TOTAL $830,119.77. Motion carried on rollcall vote - four ayes. There being no further business on the Council Agenda, Mayor Maetzold declared the meeting adjourned at 10:55 P.M. City Clerk Page 14 MINUTES OF THE SPECIAL MEETING OF THE EDINA CITY COUNCIL HELD AT CITY HALL FEBRUARY 4, 2003 5:30 P.M. ROLLCALL Answering rollcall were Members Hovland, Masica and Mayor Maetzold. Member Housh entered the meeting at 5:45 p.m. Member Kelly was absent. Mayor Maetzold stated the purpose of the Special Meeting was for the Council to review design considerations for the Council Chambers in the new City Hall. Manager Hughes stated the Council was approaching decision points relative to the Council Chambers of the new City Hall. He added they need to also discuss whether or not they intend to begin televising the City Council meetings. He added that the infrastructure, i.e. wiring, sound system, etc. will be installed and built as part of the room so the decision whether to televise meetings may be delayed for a time. Mr. Hughes noted that Edina is one of the few metropolitan cities not currently televising their City Council meetings. However, he pointed out that some neighboring councils have decided to stop broadcasting meetings as a cost saving measure in the present budget situation. Assistant Manager Anderson explained that the Cable Franchise Trust has approximately 1.24 million dollars in it. He said that approximately $700,000 would be available to fund the cable television equipment needed in the new Council Chambers. Of that amount, approximately $233,000 will supply the basic sound projection system needed in the room. The Council must then decide how many additional dollars to spend on equipping the Chambers to televise their meetings. Mr. Anderson introduced Richard Jamieson, Consultant, who has designed facilities for several communities in the Metropolitan area. Mr. Jamieson presented video clips from the Edina School Board, City of Eden Prairie, City of Minneapolis, and Hennepin County demonstrating four types of equipment. The Council and Mr. Jamieson discussed the pros and cons of the various types of equipment which range in cost between $400,000 to $700,000. Council briefly discussed the funding source for equipping the cable equipment in the Council Chamber, on -going costs (equipment, personnel, maintenance) and what type of equipment would best meet the needs of Edina. Consensus was that the Council Chambers should be wired with the basic infrastructure and at a future date a decision would be made as to whether or not meetings will be televised and what type of equipment should be purchased for that purpose. There being no further business, Mayor Maetzold declared the meeting adjourned at 6:50 p.m. Debra A. Mangen, City Clerk A, �1 ' ` r ow e M REPORT /RECOMMENDATION To: Mayor and Council From: Joyce Repya, Associate Planner Date: February 18, 2003 Subject: 2nd Reading Ordinance No. 850 -A23 Adopt Resolution 2003 -16 Adopt Ordinance No. 2003 -3 RECOMMENDATION Agenda Item # II. A. ❑ Consent ❑ Information Only ❑ Mgr. Recommends Action ❑ To H RA To Council Motion Resolution Ordinance Discussion The Heritage Preservation Board recommends the following actions: 1. Grant second reading — Ordinance No. 850 -23, amending Zoning Ordinance No. 850 by adding the Edina Heritage Landmark Zoning designation to the following properties: Z -03 -01 Edina Country Club District Z -03 -02 George W. Baird House 4400 W. 50`h Street Z -03 -03 Jonathan Grimes House 4200 W. 44th Street Z -03 -04 Paul Peterson House 5312 Interlachen Blvd. Z -03 -05 Cahill School 4918 Eden Avenue (Tupa Park) Z -03 -06 Minnehaha Grange Hall 4918 Eden Avenue (Tupa Park) 2. Adopt Resolution #2003 -16 providing a Plan of Treatment for the Edina Country Club District. 3. Adopt Ordinance No. 2003 -03 amending Section 850.20, Subd. 11, addressing the Appeals process and repealing Ordinance No. 2002 -12 imposing a Moratorium. a m INFO /BACKGROUND As instructed at the last Council meeting, the Heritage Preservation Board has "retooled" item #2 of the Plan of Treatment. Originally #2 read: "Certificates of appropriateness will be required for the total demolition of any principal dwelling in the district. Permits for partial demolition (including demolition of detached garages) will be subject to design review only in cases involving properties identified in the 1980 National Register registration form as possessing pivotal significance, or properties that have been determined individually eligible for designation as Edina Heritage Landmarks." In an effort to treat all properties the same, not reviewing plans for additions and clearly defining the term "demolition ", the Heritage Preservation Board suggests the following paragraph: "Certificates of appropriateness will be required for the demolition of any principal dwelling or detached garage. For purposes hereof, "demolition" shall mean the physical alteration of a building such that 50% of more of the surface area of all exterior walls, in the aggregate, are removed." Staff recommends adoption of the Plan of Treatment as revised. Regarding the proposed Ordinance No. 2003 -03, Section 1. proposes to amend Section 850.20, Subd. 11, which clarifies the appeals process, Staff found the existing language to be ambiguous and in need of clarification. Currently the section reads: "All decisions of the City Planner and the Board with respect to certificates of appropriateness shall be subject to review by the Council. Any party aggrieved by the denial of a certificate of appropriateness shall have a right to appeal such decision directly to the Council by filing a written notice of appeal with the City Clerk. Upon receipt of the notice, the City Clerk will transmit a copy to the Board." Staff proposes the following changes: "Any party aggrieved by a decision of the Heritage Preservation Board or an administrative official may appeal such decisions by filing a written appeal with the City Clerk no later than ten days after the decision of the Heritage Preservation Board or the administrative official. If not so filed, the right of appeal shall be deemed waived and the decision of the Heritage Preservation Board or administrative official shall be final. Upon receipt of the appeal, the City Clerk shall transmit a copy of said appeal to the Heritage Preservation Board. The Council shall hear and decide all appeals in the manner provided in paragraph H. of Subsection 850.04 of the Code." The revised language clearly defines that the Council only hears appeals from a decision of the Heritage Preservation Board or the administrative official with respect to a certificate of appropriateness. Furthermore, the change adds the ten -day appeal period that is consistent with the appeal process for the Zoning Board found in Subsection 850.04, paragraph H. of the Code. Section 2. of the proposed Ordinance 2003 -03 serves to repeal Ordinance No. 2002 -12 which imposed a moratorium on the demolition of principal structures in the Country Club District. Furthermore, Section 3. provides for Ordinance 2003 -03 to be in full force and effect upon passage and publication, but not be effective earlier than the publication of Ordinance 850 -23. See attached Ordinance No. 850 -A23, Resolution No. 2003 -16, Ordinance No. 2003 -03, Country Club District Plan of Treatment, Guidelines for New Home Construction in the Country Club District and draft Heritage Preservation Board minutes. 10 ORDINANCE NO. 850-A23 AN ORDINANCE AMENDING THE ZONING ORDINANCE (NO. 850) BY ADDING THE DESIGNATION EDINA HERITAGE LANDMARK TO CERTAIN PROPERTIES IN THE SINGLE DWELLING UNIT DISTRICT (R -1) THE CITY COUNCIL OF EDINA, MINNESOTA, ORDAINS: Section 1. Subsection 850.20 of Section 850 of the Edina City Code is amended by adding the following thereto: "The extent of the Edina Heritage Landmark is enlarged by the addition of the following property: Country Club District, Brown Section: Blocks 1,2,3,4, 5,6,7,8,9,10,11,12,13,14,15,16. Country Club District, Fairway Section: Blocks 1,2,3 ,4,5,6,7,8,9,10,11,12,13,14,15, Hennepin County, Minnesota. The south 295 feet of the east 200 feet of the west 630 feet of the northeast one quarter of Section 18, Township 28, Range 24, Hennepin County, Minnesota. The northeasterly 95 feet of the southwesterly 145 feet of Lot 15, "Melvin Grimes Subdivision of Lots 8,9 and 10 Grimes Homestead." Lot 2, Block 1, Beverly Hills 2nd Addition, Hennepin County, Minnesota. Tract A, Registered Land Survey No. 212, Hennepin County, Minnesota." Section 2. Effective Date: This Ordinance shall be in full force and effect upon adoption and publication according to the law. Adopted this 181h day of February 2003. First Reading: 2-4 -2003 Second Reading: Published: Attest Debra A. Mangen, City Clerk Dennis F. Maetzold, Mayor RESOLUTION NO. 2003-16 ADOPTING PLAN OF TREATMENT COUNTRY CLUB DISTRICT City of Edina WHEREAS, the Edina Country Club is one of the first modern planned communities in Minnesota, and WHEREAS, the land use controls exercised by the original Country Club Association formed the basis for the first municipal zoning ordinance in 1929, and WHEREAS, the Edina Country Club District represents a significant, well preserved concentration of historic domestic architecture, and WHEREAS, the Edina Country Club District was listed on the National Register of Historic Places in 1980, and WHEREAS, a survey of Country Club District residents indicated a strong desire to protect the historic integrity of the neighborhood by regulating the demolition of homes and the construction of new homes, and WHEREAS, the Edina Heritage Preservation Board on January 14, 2003, did review and approve to nominate the Edina Country Club District for designation as an Edina Heritage Landmark, and WHEREAS, the Edina Planning Commission on January 29, 2003, did also review and recommend to approve the nomination of the Edina Country Club District for designation as an Edina Heritage Landmark. NOW, THEREFORE BE IT RESOLVED, that the Edina City Council adds the Heritage Landmark zoning designation to the Edina Country Club District and adopts the plan of treatment designed to identify the goals and procedures for preservation. ADOPTED this 18th day of February, 2003 Attest Debra A. Mangen, City Clerk Dennis F. Maetzold, Mayor STATE OF MINNESOTA) COUNTY OF HENNEPIN ) SS CITY OF EDINA ) CERTIFICATE OF CITY CLERK I, the undersigned duly appointed and acting City Clerk for the City of Edina do hereby certify that the attached and foregoing Resolution is a true and correct copy of the Resolution duly adopted by the Edina City Council at its regular meeting of February 18, 2003, and as recorded in the Minutes of said regular meeting. WITNESS, my hand and seal of said City this day of , 2003. Debra A. Mangen, City Clerk City Hall (952) 927 -8861 4801 WEST 50TH STREET FAX (952) 826 -0390 EDINA, MINNESOTA 55424 -1394 TDD (952) 826 -0379 EDINA ORDINANCE NO. 2003 -03 An Ordinance Amending Section 850.20 to Clarify the Heritage Preservation Board Appeals Process and Repealing Ordinance 2002 -12 Imposing a Moratorium THE CITY COUNCIL OF THE CITY OF EDINA ORDAINS: Section 1. Subd. 11 of Subsection 850.20 is amended as follows: "Subd. 11. A ppeals. Any party aggrieved by a decision of the Heritage Preservation Board or an administrative official may appeal such decision by filing a written appeal with the City Clerk no later than ten days after the decision of the Heritage Preservation Board or the administrative official. If not so filed, the right of appeal shall be deemed waived and the decision of the Heritage Preservation Board or administrative official shall be final. Upon receipt of the appeal, the City Clerk shall transmit a copy of said appeal to the Heritage Preservation Board. The Council shall hear and decide all appeals in the manner provided by paragraph H of Subsection 850.04 of the Code. Section 2. City of Edina ordinance No. 2002 -12 is hereby repealed in its entirety. Section 3. This ordinance shall be in full force and effect upon passage and publication but shall not be effective earlier than the publication of Ordinance 850 -23. First Reading: Second Reading: Published: COUNTRY CLUB DISTRICT PLAN OF TREATMENT 1. The primary preservation - planning objective of the Country Club Heritage Landmark District is preservation of the existing historic house facades and streetscapes. Certificates of Appropriateness will be required for demolition, moving buildings, and new construction within the district. Certificates of appropriateness will be required for the demolition of any principal 1dwelling or detached garage. For purposes hereof, "demolition" shall mean the., I hysical alteration of a building such that 50% o or more of the surface area of all, ...... walls, in the aggregate,_ are removed 3. Except in extraordinary circumstances involving threats to public health or safety, no Certificate of Appropriateness will be issued for the demolition of an existing home in the district without an approved design plan for new construction. 4. New home construction will be limited to existing residential lots and their design will be compatible in size, scale, color, and texture with the period revival style houses that give the district its identity of time and place. (See the "Guidelines for New Home Construction in the Edina Country Club District," adopted by the Edina HPB.) 5. The City will promote voluntary compliance with historic preservation standards for the rehabilitation of individual historic properties by encouraging repairs, additions, or alterations which make possible an efficient contemporary use of older homes in the district while preserving those features that are historically and architecturally significant. 6. The distinguishing original qualities and historic character of the district will not be damaged or destroyed as a result of any undertaking funded or assisted by the City. The removal or alteration of any contributing historic building or feature should be avoided whenever possible. 7. Changes, which have taken place in the course of time, are evidence of the district's history and development. These changes may have acquired historical significance in their own right and this significance will need to be recognized and respected in city planning for preservation, community development, code enforcement, public works, etc. 8. Contemporary designs for new construction will not be discouraged when the design is compatible with the size, scale, and character of nearby historic homes. 9. Although not subject to design review regulations, new additions or alterations to historic homes in the district should be done in such a manner that they do not destroy historically significant architectural features. New additions and alterations should be designed to be compatible with the size, scale, color, material, and character of the historic property. 10. Contemporary designs are acceptable for decks, outbuildings, and accessory structures so long as they are not visible from the street. The installation of mechanical systems should be concealed whenever possible so as not to intrude or detract from historic facades and streetscapes. 11. Where historic properties must give way to modern development, or are impacted by man-made or natural disasters, every reasonable effort will be made to avoid total loss. Where appropriate, historic buildings will be relocated to new sites with compatible surroundings where they can be preserved. If demolition must occur, historic buildings should be recorded so that a body of information about them (photographs, drawings, written data) will be preserved for the benefit of the public. 12. The City will develop and implement a plan for the preservation, maintenance, and replacement of all public infrastructure within the district, including streets, bridges, trees, sidewalks, street lighting, signs, and open space areas that give the neighborhood its distinguishing character. 13. The City will re- evaluate the historical significance and integrity of the houses identified as "pivotal' in the 1980 National Register nomination document to determine their individual eligibility for designation as Edina Heritage Landmarks. 14. The City will arrange for a re- survey of the Edina Country Club District every ten years to document changes in the appearance and historic integrity of historic properties; to revise the list of contributing and noncontributing properties present within the district boundaries; and to revise the district plan of treatment as needed. 2 GUIDEINES FOR NEW HOME CONSTRUCTION IN THE COUNTRY CLUB DISTRICT ....................... ............................... a a 0 a E N ...... 0 0 8 0 0 0 1 The Edina Heritage Preservation Board recognizes that in special cases new home construction will be appropriate in the Edina Country Club Heritage Landmark District. The Plan of Treatment in the district nomination study establishes the following general standard for new home construction in the district: New home construction will be limited to existing residential lots and their design will be compatible in size, scale, color, and texture with the period revival style houses that give the district its identity of time and place. This standard should not be interpreted as requiring that new construction in the district must imitate or replicate historic architectural styles or periods. Another element of the Plan of Treatment states that: Contemporary designs for new construction will not be discouraged when the design is compatible with the size, scale, and character of nearby historic homes. Because the terms "period revival style" and "contemporary" conjure up various images to different people, the HPB has adopted the following guidelines for new construction that describe in broad outline the design parameters that will be used to evaluate the appropriateness of new home construction in the Country Club District. GUIDELINES FOR NEW CONSTRUCTION The following guidelines are designed to facilitate the application of design standards to applications for Certificates of Appropriateness in the Edina Country Club District. They will also assist individual property owners in the development of plans for new homes in a manner that is consistent with the intent of the Heritage Landmark District designation. Separate guidelines are given for the major design elements of houses: ground plan, fagade elevation, roof shape, exterior finishes, roofing materials, and architectural details. The intent of these guidelines is to establish conceptual boundaries for home designs, emphasizing form and exterior detailing, and not to prescribe a rigid template for new buildings. GROUND PLAN Recommended: Not recommended: • Simple square • Linear • Simple rectangle • Irregular • Massed square • Complex irregular • Massed rectangle • Front - facing compound • U- or H- shaped compound • Larger than room -sized front - facing projections from principal mass FACADE ELEVATION Recommended • Fagade wall height of two stories Recommended: • Side -, front - gabled • Cross - gabled • Hipped • Saltbox Not recommended: • Fagade wall height less than one and one -half stories • Elevations greater than two and one- half stories ROOF SHAPE Not recommended: • Flat • Mansard • Shed EXTERIOR FINISH 2 Recommended: • Traditional horizontal boards • Stucco • Brick • False half - timbering • Wood shakes Not recommended: • Aluminum, steel • Artificial stone veneer • Vertical boards • Victorian pattern wall shingles (fishscale, hexagon, diamond, etc.) • Log • Vinyl ROOFING MATERIAL Recommended: • Composition shingles (traditional shapes) • Rounded ceramic /clay tiles • Slate • Wood shingles Not recommended: • Metal sheets (batten, standing seam, ribbed) • Corrugated panels ARCHITECTURAL STYLES Recommended: • Colonial Revival/Georgian • English Cottage • English Tudor • Mediterranean/Spanish Colonial Revival/Spanish Eclectic • Italian Renaissance Revival • French Provincial/French Eclectic • Norman Revival 3 Not recommended: • Exotic Revival • Queen Anne/Eastlake /Stick • Neoclassical/Classic Revival • Prairie/Wrightian • Craftsman • Art Moderne /Art Deco • International • Ranch • Split -Level • Split -Entry DRAFT Heritage Preservation Board Minutes from 2/11/03 V. COUNTRY CLUB DISTRICT — REVISE PLAN OF TREATMENT: Planner Repya reported that on February 4t' the City Council gave first reading to the ordinance which will designate the Country Club District an Edina Heritage Landmark. On February 18th they will meet to consider the second reading required for adoption of the Ordinance. The Council did not move to adopt the resolution to approve the plan of treatment for the district because they would like the HPB to retool item #2 which currently reads: "Certificates of appropriateness will be required for the total demolition of any principal dwelling in the district. Permits for partial demolition (including demolition of detached garages) will be subject to design review only in cases involving properties identified in the 1980 National Register registration form as possessing pivotal significance, or properties that have been determined individually eligible for designation as Edina Heritage Landmarks." Ms. Repya explained that the Council is looking for the following changes: 1. They want all properties in the district treated the same. 2. They do not want a certificate of appropriateness (COA) required for partial demolitions of pivotal properties. 3. They want a COA to be required only for the demolition of a house or detached garage and new construction, and 4. They want a definition of "demolition" to ensure that a party who leaves one wall standing does not plead that they are not demolishing the home and do not need a COA. Ms. Repya offered the following definition of "demolition" for consideration: "For purposes hereof, "demolition" shall mean the physical alteration of a building such that 50% or more of the surface area of all exterior walls, in the aggregate, are removed" She further explained that Staff recommends that the definition should be part of the #2 plan of treatment and not added to the definition section of the code because different thresholds may be necessary for other landmark properties. Considering the proposed demolition definition and the concerns of Council, Ms. Repya suggested the following revision for #2 of the plan of treatment: "Certificates of appropriateness will be required for the demolition of any principal dwelling, or detached garage. For purposes hereof, "demolition" shall mean the physical alteration of a building such that 50% or more of the surface area of all exterior walls in the aggregate, are removed." Board members discussed whether or not a change to the front facade should be given consideration for review because of the impact it could have on the streetscape. Chairman Nyberg agreed that the front facade of the home is an important element to the historic integrity of the district; however, he fears that to regulate the front facade would create the same problems that have been identified with the review of additions. Member Swenson agreed pointing out that it would be difficult to determine how much of a change to the facade would require a review... adding bay windows, a covered front entry, etc. Member Wray pointed out that the importance of the facade is an element which might best be handled from an education standpoint, relying on the homeowners to voluntarily consider it's importance without imposing a review process. Board members agreed with Member Wray. Following a brief discussion, Member Swenson moved to approve the revised #2 plan of treatment as recommended by Staff. Member Crawford seconded the motion. All voted aye. The motion carried. VI. APPEALS PROCESS — 850.20, SUBD.11 Planner Repya explained that Staff has reviewed the language in the Zoning Ordinance 850.20, Subd. 11, addressing the Appeals Process and found it to be ambiguous and in need of clarification. Currently, the section reads: "All decisions of the City Planner and the Board with respect to certificates of appropriateness shall be subject to review by the Council. Any party aggrieved by the denial of a certificate of appropriateness shall have a right to appeal such decision directly to the Council by filing a written notice of appeal with the City Clerk. Upon receipt of the notice, the City Clerk will transmit a copy to the Board." Ms. Repya suggested that the following insufficiencies be addressed: 1. The Council will not review all decisions, only appeals. 2. Appeals will not be limited to the denial of decisions. One may appeal any decision. 3. There is no time limit established for one to file an appeal a decision.. To be consistent with appeals the Council hears from other Boards, a ten day appeal period should be imposed. In consideration of the aforementioned insufficiencies, Planner Repya offered the following revision for consideration: "An appeal from a decision of the Board with respect to certificates of appropriateness or an administrative decision shall be subject to review by the Council. Any party aggrieved by a decision shall have a right to appeal such decision by filing a written notice to the City Clerk no later than ten days after the decision of the Board. Upon receipt of the notice, the City clerk shall transmit a copy of said notice to the Board." Board members discussed the proposed revision and agreed that the language was not only clearer, but also consistent with the appeals process already in place for the Zoning Board. Member Kojetin then moved approval of the proposed revision to 850.20, Subd. 11, as outlined by Staff. Member Crawford seconded the motion. All voted aye. The motion carried. /-4 OI REPORT /RECOMMENDATION To: Mayor and Council From: Craig Larsen, City Planner Date: February 18, 2003 Subject: . Preliminary Plat Approval - Curt Fretham — 6400 Ryan Ave. Agenda Item # II. B. Consent ❑ Information Only ❑ Mgr. Recommends ❑ To HRA ® To Council Action ❑ Motion ® Resolution ❑ Ordinance ❑ Discussion RECOMMENDATION The Planning Commission recommends Preliminary Plat approval for Fretham Addition conditioned on: • Subdivision Dedication • Watershed District Permits INFO /BACKGROUND See attached Planning Commission minutes, staff report and plans. LOCATION MAP z w 0 a z O U 63RD ST m LL 6400 Ryan Avenue O U U Q 64TH a 65TH ST W Q w 65TH ST W w zz a a Of [7- } J Q W Z O cr N S -03 -1 SUBDIVISION REQUEST 6400 RYAN AVENUE SOUTH 2 -LOT SUBDIVISION v y d' Vw '7�' 7,17 q 4orolZr" 'MU 1111 � ,.. 62 TO N3� `��° �• YN Subject Site ., . 6400 Ryan Avenue ' 4f STREET WEST ! V�ll Ui w IT .�. >. 'mil R�: - 1► � .;� r l; bY. d;i c R P � f A. •' wry �= !,;:' �';:� Vp ;� DRAFT MINUTES OF THE PLANNING COMMISSION MEETING JANUARY 26, 2003 S-03 -1 Curt Fretham 6400 Ryan Avenue Request: Two Lot Subdivision Mr. Larsen informed the Commission the subject lot is part of the original plat of Normandale, platted in 1914. All original lots were platted as through lots, that is with frontage on two streets. Mr. Larsen explained the subject property is the last remaining lot in its original configuration. Mr. Larsen concluded the character of this neighborhood is not how it was platted, but how it was developed. The proposed plat makes sense and should be approved. Lot area variances are needed but are minimal. Staff recommends approval subject to Subdivision Dedication. The proponent, Mr. Curt Fretham was present to respond to questions from the Commission. Interested neighbors were also present. Mr. Kohler, 6333 Ryan Avenue (directly across the street) told the Commission he is not opposed to the proposed subdivision. His concern is with garage and driveway placement. Mr. Kohler said if homes are constructed with garage door and driveways facing West 64th Street it would have a negative impact on his property. Mr. Kohler said looking out their window and seeing two garage doors /driveways is not aesthetically pleasing. Concluding, Mr. Kohler suggested one garage /driveway be constructed off West 64th Street and the other off either Sherwood or Ryan Avenues. Mr. Fretham addressed the Commission and informed them his goal is to construct two nice homes. He added he is not sure on how the houses /garages will be placed on the lot. He said his plan was to leave that up to the individual lot owner. Commissioner Swenson asked Mr. Larsen if our ordinance regulates how a house is oriented on a lot. Mr. Larsen explained on a corner lot the property owner selects its frontage. He added in this situation it is very possible the property owner(s) may orient one home on Sherwood Avenue and the other on Ryan Avenue but have side loading garages facing West 64th Street. Commissioner Swenson asked Mr. Larsen what the setbacks would be from West 64th Street. Mr. Larsen responded in this situation the minimum is required. If the house fronts West 64"' Street a front yard setback of 30 feet is required. If the garage faces West 64th Street (the house Ryan or Sherwood) a 20 -foot setback is required for the garage. A discussion ensued between Commission Members on the merits of recommending home /garage placement. Commissioner Byron told the Commission he is uncomfortable recommending that type of restriction over these lots. He said it should be up to the future property owners on how they want to design their home. He added he understands the neighbors point in desiring that only one garage /driveway face West 64th Street but pointed out the homes (including Mr. Kohlers) directly across the street all have their garages /driveways facing West 64th Street. Commissioner Runyan moved to recommend subdivision approval subject and the additional condition that only one driveway /curb cut face West 64th Street. No second to the motion. Commissioner Swenson moved to recommend subdivision approval subject to Parkland Dedication. Commissioner Lonsbury seconded the motion. All voted aye; motion carried. Commissioner Runyan asked the proponent to use his best judgment about driveway and garage placement. CITY OF EDINA PLANNING COMMISSION MEETING WEDNESDAY, JANUARY 29,2003,7:30 PM EDINA CITY HALL COUNCIL CHAMBERS 4801 WEST 50TH STREET Subdivision Request: S -03 -1 Applicant: Curt Fretham 3800 Williston Road Minnetonka, MN Location: Lot 1, Block 14 Normandale 6400 Ryan Avenue Request: Two lot subdivision. Background: The subject lot is part of the original plat of Normandale, platted in 1914. The plat covered an area from 62nd Street on the north, 66th Street on the south, Concord Avenue on the east and Normandale Boulevard on the west. Many of the original lots were acquired for construction of the Crosstown and Highway 100 interchange. All original lots were platted as through lots, that is with frontage on two streets. The subject property is the last remaining lot in its original configuration. Most of the lots were divided in the 1960's. Lots in the plat were nearly identical in size, with a width of 121 feet and a depth of 245 feet. Lot Size Comparison: Lot Width 121 feet 500 Foot Neighborhood Lot Depth Lot Area 122 feet 14, 806 SF Proposed Lots Lot 1 121 feet 122 feet 14,782 SF* Lot 2 121 feet 122 feet 14,775 SF` e requires variance Recommendation: The character of this neighborhood is not how it was platted, but how it was developed. The way the subject property was developed does not fit with the character of the existing neighborhood. The proposed plat makes sense and should be approved. The lot area variances are minimal. Staff recommends approval is conditioned on Subdivision Dedication. I ,.at 5 Block fa q` l.Ot Z Black 55 Preliminary Plat Of: FRETHAM ADDITION !.at . ; I..1 O POM FOIE — f - -FQa N DOE VANE —w=M am O mum FT'l-."-q E PL.Of D0100M -A77^,WO.i a..am r smM FRETHAM AMMON JB9. �.ar.r Mega +sao ML s= RF � c>ss- PWIMInaty Plat 03-001 CM Choi t 9 A� �% 4 NOM I Lot 5 1 - Blocs, 3 scats w n" L am 1. SNd 14. 11.O. W. - - 10 0• - - -- —. �. .ml.. w 01.0.1..0 a.b i. N...PY. Ddb. 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I live at 6409 Ryan Ave. South. I own this property. I am within 500 feet of the proposed subdivision. I have no objection to Mr. Fretham sub - dividing his lot. 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The effect of the amendment would be to allow seasonal produce stands in Planned Commercial Districts 1, 2 and 3. INFO /BACKGROUND In addition to the permit conditions outlined in the attached memorandum, the Planning Commission recommends limiting to 5 the number of stands in the City at any given time. Attached please find correspondence received on this issue. Agenda Item # II. C. Consent ❑ Information Only ❑ Mgr. Recommends ❑ ® To HRA To Council Action ° ❑ ❑ Motion Resolution ® Ordinance ❑ Discussion RECOMMENDATION The Planning Commission recommends adoption of the attached amendment to the Zoning Ordinance. The effect of the amendment would be to allow seasonal produce stands in Planned Commercial Districts 1, 2 and 3. INFO /BACKGROUND In addition to the permit conditions outlined in the attached memorandum, the Planning Commission recommends limiting to 5 the number of stands in the City at any given time. Attached please find correspondence received on this issue. ORDINANCE NO.850 -A23 AN ORDINANCE AMENDING THE ZONING ORDINANCE BY ADDING PRODUCE STANDS AS AN ACCESSORY USE IN THE PLANNED COMMERCIAL DISTRICT (PCD -1) THE CITY COUNCIL OF EDINA, MINNESOTA, ORDAINS: Section 1. Subsection 850.16, Subd. 6 of Section 850 of the Edina City Code is amending by adding the following thereto: "Produce stands pursuant to a permit issued by the Manager" Section 2. This Ordinance shall be if full force and effect upon passage and publication. First Reading: February 18, 2003 Second Reading: Memo To: Planning Commission From: Craig Larsen Date: February 13, 2003 Re: Produce Stands The Commission may recall that a produce stand was located in the parking lot of Rosland park for several years. It was later moved to Utley park because of parking concerns at Rosland park. The Utley park location was discontinued because of traffic safety concerns. There were no stands in the City last year. During the last year the City has received numerous requests for a produce stand in the City. The problem is that the Zoning Ordinance does not allow such stands. The Ordinance requires that the sale of products only take place in a permanent structure with a floor area of at least 1,000 square feet. The earlier stand was allowed because the owner made contributions to the Art Center. Also, The Park Department does not have a suitable location for a stand. Staff would suggest amending the Zoning Ordinance by adding produce stands as a permitted use in the PC -1,2 and 3 Zoning Districts. The location of stands would subject to a permit issued by the City Manager. Permits would be subject to the following conditions: 1. Consent of property owner 2. Adequate parking to support stand and principal use 3. Location of stand will not cause traffic problems on -site or on public right of way 4. stands shall not be larger than 180 square feet 5. All signage must be affixed to the stand 6. Permits valid from June 1, to October 1, on a given year 7. Permits will be issued only for properties located in the PCD -1,2 or 3 Districts To: Edina City Council Members — Scot Housh, James Hovland, Michael Kelly, Linda Masica Cc: Edina Mayor Dennis Maetzold Re: Sever's Farm Market Date: August 22, 2002 I am writing as a follow up to my letter that was published in the Edina Sun Current on Wednesday, August 2, 2002. Please consider rewriting the ordinance that prohibits local farmers like Sever ,Peterson from selling produce at a farm market in Edina. A great part of the Minnesota summer is having the option to buy fresh produce at a local farm market. We believe that having Sever's fern .". rket in Edina has contributed to a sense of community and has given us a "small town" feel. I have included names and Comments collected from emails from Edina residents who would also like to see the Sever Farm Market return. We would appreciate your consideration. Thank yam. Sire) , Meg & John Ell~., Carol Wolfe Faye Mill Marlene J: Lawson Margaret G. Hedger A,eorge Wattson Cathy Michaelson .Marde and Marts Olson Thomas M Redd Barbara E Rec ht looter & Laurie Nordquist Brad & Arlene Forrest Sue Simonton Ruth and Bill Gough Mr & Ms, M J Sitek baniel 16nsey .Margaret Swarm : Rosie Wi th Nora M Do* Jean WrXuebler Judie Wester Stephanie -N. Green Vera G. Green .Barbara S. Corbell Nadya Mool .Curtis & Lori Broom IKathy & Bob Laeddw Bill and Sabra Ottesgn Monica & Joe Sullivan Ruth Johnson Laura Hemler Beth Montgomery Mary Ann Bull Mark Gough ;Katherine Bass Yvonne Stelberg Pam 11oO Patricia Evans Paul Zelubowski "I NA O r,fe Ellefson From: "Carol Wolfe" <CFWolfe @wabash- ngmtcom> To: <bdngseversback @mn.rr.com> Sent: Tuesday, July 30. 2002 5:13 PM Subject: Severs Market one of the best things about summer in Minnesota is our home grown corn and produce. I have shopped at Sever's for years in Edina and was Stunned to hear that Edina can't acconunodate them because of some outdated ordinance. There's always going to be one loud dissenter, but don't let them ruin it for the rest of us. carol Wolfe Page 1 of 3 EDINV c . i - . C,��G M 811912002 Pale 1 of 1 Meg Ellefson From: <FAYEKMILL @aol.com> To: <bringseversback@mn.rr -com> Sent: Tuesday, July 30, 2002 7:33 PM Subject: Farm Market I would like to sea Severs Farm Market return to Edina. I have enjoyed buying produce from their stand by the pool and miss them. IeD I Nq 0 q sF 9 GCS 9l rn IOA- 9/19/2002 Meg Eiiefson From: ,georga wattson" <gbwattson@webtv.net> 7o• <bringseversback@mn.rr.vom> Sent: Wednesday, July 31, 2002 9:29 AM Subject: severs market F fully support having a severs farm market in edina. preferably at the edina pool area Page IofI �DI�Aci q ll, '9� n zo r 8/19/2002 Page 1ofI f Mec1 Ellefson From; "Dennis Moor' <moolconsulting @msn.com> to: "Market, Farmers Save" <bringseversback @ mn.rr.com> Sent: Wednesday, July 31, 200210:02 PM Subject: Please Add My Name Dear Meg Ellefson: I strongly agree with your editorial about the farmers market. Tease add my name to a petition to "bring the farm market back to Edina" or please tell me how to do so. Nadya Mool 'd 1 0/ e 9 GCS 9l - O • 8/1912002 Meq Ellefson From: "mark olson" <molson5@mn.rr.com> 'to: <bringseversback @mn.rr.com> Sent: Thursday, August 01, 200211:04 AM Subject: Add me to your list! Thanks for your informative "letter to the editor" in 7131 Sun Current, was wondering what happened to the market! I agree with all points presented in terns of what it says about our conununity to not allow this wonderful summer asset. I hope the city will reconsider, and hope the "neighborhood" that didn't allow the stand is aslaned of themselves! Mande and Mark Olson, Edina Page 1 of I E.DIN4 -.IN 0 Cp m O I 8119/2002 Page 1 of 1 ' Meg Ellefson From; <Stangibb @aol.com> To: <megE c_mn.rr.com> Sent: Thursday, August 01, 200211:18 AM Subject: Re: Bring Severs Farm Market bald Blow your horn for corn!!! ! read the article in the Sun Current - you go girl! I miss Severs too. Kathy EDI/ 4 m � 9GC kin"9l n -A rn 0 8119!2002 Page 1011 Meq Ellefson From: "Pete, Nordquist" <pnordquist @mn.rr.com> TO: <bringseversback @mn.rr.com> Sent: Thursday, August 01, 2002 3:24 PM Subject: Farmers Market Memo: 8/1102 To: City of Edina From: Peter & Laurie Nordquist Subject: Farmers Market please re- consider the decision made to forbid the sale of fresh produce in our community, supplied by the growers. My wife and I were raised in rural Minnesota towns where farmers were respected as vital citizens to the community. Having a local fanners market, or at least a produce stand here, reminded us of our heritage. Plus, it jus` made good sense getting certain foods fresh from the source. Edina is a unique suburb with its historical roots as a rural village. A local produce stand reflects the wholesome and friendly beginning of this town, and provides a valued service to our citizens. When given a chance, the law of supply and demand should determine the life of this small business merchant, not an unnecessary city ordinance. Please allow farmers the right to prosper here in Edina, where they're able to find loyal and appreciative customers. DI � '9G O 9 Cti' LJ& o-7 \\I\.,- O .J,I C/l>.S s l -'bJ 8/19%1002 Meg Ellefson From: "Gough" <gough@pbneerplanet M-rIeb To. <bringseversback @mn.rr.00m> Sent: Thursday, August 01, 2002 7:37 PM Subjed: com stand Hi! We miss Seven's com stand at both the Cornelia Pool and near 50th and Wooddale. We go to the Hyland Park stand often in Bloomington now however. If we can help get Sevees Farm Market back in Edina, please let us know! Thanks. Ruth and Bill Gough Page 1 of 1 EDINq c GCti' 0 VP m 0, eOq \ �o -49 s22nooa Page 1 of 1 Meg Ellefson From: "Michael SitW* <mjsitek @hotmail.com> To: <bringseversback @MN.RR.COM> Sent: Friday, August 02, 2002 7:39 PM WE ARE IN FAVOR OF CHANGING THE CITY CODES TO ALLOW FARM MARKETS IN THE CITY OF EDINA. MR&MS M J STTEK 440OW58 ST EDINA MSN Photos is the easiest way to share and print your photos: Click Here EDINq oz r 200 � O 8/19/2002 Meq Ellefson From: 'Margaret Swanson" <MargaretSwanson @msn.com> To: <bringseversback @mn.rr.com> Sent: Sunday, August 04, 200211:58 AM Subject: Sweet corn F was great to be able to stop and buy fresh produce We need it back. ,- Page IofI eDINA In O 8/19P-002 Meg Ellefson From; Stephanie N. Green" <stephanie .green @perceptual-eng.com> To: <bdngseversback @mn.rr.com> Sent: Sunday, August 04, 2002 4:36 PM Subject: Petition Please add our names to the petition to bring the Sever's Market back. Stephanie N. Green Vera G. Green 5409 Highwood Drive West P-dina, MN 55436 952- 938 -2015 Page 1 of 1 C Cpl Nq c� m q 2 6y �C eo� \ GFO 2 8/19/2002 meci Ellefson From: 'Monica Sullivan" <monicasuI@mn.rr.com> To: <bringseversbadc@mn.rr.00m> Sent: Monday. August 05, 2002 2:59 PM Subject: petition You can add Monica and Joe Sullivan on Duggan Plaza to your bring them back list. Monica Sullivan Page 1 of 1 p NA C��y qU6 Z 9F�F 2 ,?00. 00. 811912002 Men iEiiefson From: <Jeageokuebgal @aol.com> i'o• <bdngseversback @mn.rr.com> Sent: Monday, August 05, 2002 9:41 PM Subject: No Subject Sure amiss having that lovely Severs farm market in Edina. Minneapolis farm market too far, too crowded, and too much. Please bring back Severs to Edinal.!!! jean IvL Kuebler, 6517 Sherwood Ave., Edina. Page 1 of 1 NA C�Ty sF'�l 4&0 2 z 9F p0 ey cF�� Z2 \ \ Fo. 8/19/2002 Meq Ellefson From: "Beth Montgomery" <beth @cpconline.orp To: <bringseversback @mn.rr.com> Sent: Wednesday, August 07, 2002 3:25 PM Subject: Edina Sun Letter t am very interested in signing a petition to bring the Severs Markets back to Edina! I live on West Shore Drive, across the lake from the Edina pool. I walk around the lake every day and LOVED the availability of the fresh fruits and vegetables at the Severs Market when it was at the pool. I was so disappointed when it has not been allowed to be at the pool parking lot. Can someone let me know where the petition is to sign? Thank you for your excellent letter in the Sun and for getting an effort organized to bring the markets back. Beth Montgomery bet hm conline.orn Page 1 of 1 NA y 6y 9Fc� 100? IyF O 8/19/2002 ecI Etiefson From: 'Roger Bur <rbull @mcg.neh To• <bringseversback @mn.rr.com> Sent: Thursday, August 08, 200210:12 AM Subject: Edina Sun Article Dear Meg, I was excited to see your Letter to the Editor in last weeks Edina Sun. This same issue has really bothered me too! I LOVE Severs produce and the convince of the stand at the Edina Pool. I have been always been wanting to call someone about this. I truly appreciate you taking this project on. Please let me know how I can help. Mary Ann Bull 4605 West 62nd Street Edina, 55424 -1720 (952)929 -8707 mabull ftce.net • Page 1 of 1 NA Cep` 9y 9F�F 1'9 �C iyF4o 8/19/2002 Me-q Eliefson From: "Pam Hopp' <pam @hopfprinting.com> to: <bdngseversback @mn.rr.com> Sent: Tuesday, August 13, 2002 4:47 PM Subject: Farmstand retum! I'm with you. It is very unfortunate that a few have been able to ruin things for the many. I worry about the message this sends to the larger community about our "fare" city certainly not "fair". Surely there must be a way to repeal that "outdated" c, de and reach out to the city council to think beyond the most conservative approach and consider what we're about. Please call me if I can help. Pain Hopf Cornerstone Capital Campaign CoChair 6625 Naomi Drive Edina MN 55439 952.941.7381 home 612.338.4800 office [Hopf+Hopf Printing] 612.408.4800 cell & personal voice mail Page 1 of 1 EDINA c n rn o 8/1912002 tNA. Ow e ea i RE PO RURECO M MEN DATI O N To: Mayor and Council Agenda Item # III.A. ❑ Consent From: David Velde, City Sanitarian . Information Only ❑ ❑ HRA - Mgr. Recommends To Date: February 18, 2003 ® ❑ To Council - Action Motion Subject: ❑ ® Resolution Second Reading to the Body Art ❑ Ordinance Ordinance 2002 -11. Discussion RECOMMENDATION Grant second reading to the Body Art Ordinance with an effective date of July 1, 2003. INFO /BACKGROUND On December 3, 2002, the City Council granted first reading to the Body Art Ordinance. On February 4, 2003, the City Council directed staff to address some additional items in the Code. These include: Definition of Ear Piercing System; Clarification of when single use gloves are to be worn by the technician; and Clarification of the consent requirements of those under 18 years of age. All new language is shaded. The definition for an ear piercing system is broad. However, where this term is used in the language of the ordinance referring to the exemption for licensing, I have also included that the ear piercing system be of the single use cassette or cartridge style. The cassette or cartridge is sterile and that is the only part of the system that comes in contact with the ear lobe during piercing operations. I added language to 745.08, Subd. 1 regarding glove use which should emphasize the need to use the gloves while performing body art procedures. In 745.10, Subd. 3, 1 tried to clear up the language requiring parental consent. Minnesota Statutes require consent from both the custodial and non - custodial parent for tattoos for minors. I have expanded on the consent requirement by including consent for body piercing too, and require that the custodial parent give such consent in person at the establishment. EDINA ORDINANCE NO. 2002-11 A Ordinance Adding New Section 745 - Body Art Establishments THE CITY COUNCIL OF THE CITY OF EDINA ORDAINS: Section 1. The following new section 745 is added in its entirety. "Section 745 - Body Art Establishments 745.01 Purpose. This ordinance is enacted to establish standards to protect health, safety and general welfare of the people of Edina through regulation of body art establishments. The general objectives of this ordinance are: A. To prevent disease transmission; B. To correct and prevent conditions that may adversely affect persons utilizing body art establishments; C. To provide standards for the design, construction, operation, and maintenance of body art establishments; and D. To meet consumer expectations of the safety of body art establishments. 745.02 General Provisions. Subd. 1. Scope. This ordinance shall apply to all individuals performing body art procedures and all body art establishments where tattooing and body piercing are conducted. Subd. 2. Exemptions. Licensed medical or dental personnel that tattoo or pierce as part of a medical or dental procedure are exempt from this ordinance. Also, individuals piercing only the lobe of the ear using a pre - sterilized single use ear - piercing system with the stud and clasp contained in a single use cartridge or cassette following the manufacturers instructions are exempt from this ordinance's license requirements. Subd. 3. Prohibitions. No individual shall: A. Conduct branding, cutting, implantation, suspension, or scarification of another individual; B. Use an ear piercing system on any part of the client's body other than the lobe of the ear. C. Pierce or tattoo the genitalia or nipples of a minor; D. Practice tattooing or piercing while under the influence of alcohol, controlled substances as defined in Minnesota Statutes, section 152.01, subd. 4, or hazardous substances as defined in the rules adopted under Minnesota Statutes, Chapter 182; or E. Operate a body art establishment or perform body art procedures as described in this ordinance without a license. Ordinance No. 2002 -11 Page 2 745.03 Definitions. Aftercare means written instructions given to the client, specific to the procedure(s) rendered, on caring for the body art and surrounding area. These instructions shall include information on when to seek medical treatment. Antiseptic means an agent that destroys disease - causing microorganisms on human skin or mucosa. Body Art means physical body adornment using, but not limited to, the following techniques: body piercing, tattooing, and cosmetic tattooing. This definition does not include practices that are considered part of a medical procedure performed by licensed medical or dental personnel, such as, but not limited to, implants under the skin. Such medical. procedures shall not be performed in a body art establishment. 'l Ws ordinanee definition shall t inelude ' p ° T1 o R ^F tl,° ^liter- perimeter- ^a r r lobe ^T l� r avw the using pre o sterilized single stud d elasp ear- ie R t Body Art Establishment means any place or premise, whether public or private, temporary or permanent in nature or location, where the practices of body art, whether or not for profit, are performed. Body Piercing means tl e penetra for p c g or numan� �sxin p any mewoa ror: we pur o5c �� o._m. inserting jewelry or other objects, orthrou l�� the human b�"d "Body Piercing" shall not refer to any medical procedure performed by licensed medical or dental personnel. Also, "Body Piercing" shall not refer to the puncturing of the lobe of the ear using a pre- sterilized ear- piercing system wtb Body Scarification or Scarring shall mean any method of applying a scar to the body for the purpose of creating a permanent mark or design on the skin. Branding shall mean any method using heat, cold, or any chemical compound to apply a scar to the body for the purpose of creating a permanent mark or design on the skin. Contaminated Waste means any liquid or semi- liquid blood or other potentially infectious materials; contaminated items that would release blood or other potentially infectious materials in a liquid or semi- liquid state if compressed; items that are caked with dried blood,.or other potentially infectious materials and are capable of releasing these materials during handling; sharps and any wastes containing blood and other potentially infectious materials, as defined in Code 29 of Federal Regulations Part 1910.1030, known as "Occupational Exposure to Bloodborne Pathogens." Cosmetic Tattooing. See definition of tattooing. Cutting means the practice of cutting the skin, mucosa or part of the body to create a permanent scar or division of tissue for the purpose of body art. "Cutting" shall not refer to any medical procedure performed by licensed medical or dental personnel. Disinfection means the destruction of disease - causing microorganisms' on inanimate objects or surfaces, thereby rendering the objects safe for use or handling. Ordinance No. 2002 -11 Page 3 Equipment means all machinery, including fixtures, containers, vessels, tools, devices, implements, furniture, display and storage areas, sinks, and all other apparatus and appurtenances used in the operation of a body art establishment. Establishment Plan means a to -scale drawing of the establishment's layout illustrating the requirements of this ordinance. Handsink means a lavatory equipped with hot and cold water held under pressure, used solely for washing hands, wrists, arms or other portions of the body. Health Department means the Edina Health Department, its designated employees, or other designated agents. Hot Water means water at least 110 °F. Implanting means to fix or set securely an object in or under tissue and includes, but is not limited to, 3- dimensional body art applications. Implanting does not include medical procedures performed by board eei4i ed licensed medical and dental personnel. Individual means a human being. Jewelry means any personal ornament inserted into a newly pierced area. Liquid Chemical Germicide means a disinfectant or sanitizer registered with the Environmental Protection Agency. Operator or Technician means any individual who controls, operates, manages, conducts or practices body art activities at a body art establishment and who is responsible for compliance with these regulations, whether actually performing body art activities or not. The term includes technicians who work under the direction of the operator and perform body art activities. Person means any individual, partnership, corporation, or association. Procedure means body art as defined in this Section. Procedure Area means the physical space or room used solely for conducting body art procedures. Procedure Surface means the surface area of furniture or accessories that may come into contact with the client's clothed or unclothed body during a body art procedure. "Procedure Surface" also means the area of the client's skin where the body art procedure is to be performed and the surrounding area, or any other associated work area requiring sanitizing. Remodel means any change to the current establishment requiring either a building or trades permit for the work to proceed. "Remodel" does not include changes to the front desk area, waiting area, painting, wallpapering, or carpeting, even if a permit is otherwise required. Adding a new workstation, plumbing changes, or expanding into an adjacent space to add workstations are examples of remodeling. "Remodeling" also means any changes to an establishment plan previously submitted to the Edina Health Department. Sanitization (or to sanitize) means a process of reducing the numbers of microorganisms on clean surfaces and equipment to a safe level. Ordinance No. 2002 -11 Page 4 Safe Level means not more than 50 colonies of microorganisms per 4 square inches of equipment or procedure surface. Sharps means any object (sterile or contaminated) that may purposefully or accidentally, cut or penetrate the skin or mucosa including, but not limited to, pre - sterilized single use needles, scalpel blades, and razor blades. Sharps Container means a puncture - resistant, leak -proof container that is closed for handling, storage, transportation and disposal. The "Sharps Container" shall be labeled with the international biohazard symbol. Single Use means products or items intended for one time use and are disposed of after use on each client. Examples of "Single Use" items include cotton swabs or balls, tissues or paper products, paper or plastic cups, gauze and sanitary coverings, razors, piercing needles, tattoo needles, stencils, ink cups, and protective gloves. Standard Precautions (or "universal precautions ") means a set of guidelines and controls, published by the Center for Disease Control (CDC) as "Guidelines for Prevention of Transmission of Human Immunodeficiency Virus and Hepatitis B Virus to Health -care and Public -Safety Workers ". This method of infection control requires the employer and the employee to assume that all human blood and specified human body fluids are infectious for HIV, HVB and other blood pathogens. Precautions include handwashing, gloving, personal protective equipment, injury prevention, and proper handling and disposal of needles, other sharp instruments, and blood and body fluid contaminated products. Sterilization means a process resulting in the destruction of all forms of microbial life, including highly resistant bacterial spores. Suspension means the piercing of human tissue with large gauge fishing hooks or other piercing apparatus to raise or lower an individual with pulleys or other apparatus. Tattooing means any method of placing ink or other pigments into or under the skin or mucosa with needles or any other instruments used to puncture the skin, resulting in permanent coloration of the skin or mucosa. This includes all forms of cosmetic tattooing. 745.04 License Administration. Subd. 1. License Required. No person shall own or operate a body art establishment without an establishment license. Each license shall be obtained from the City Clerk pursuant to Section 160 of this Code. Subd. 2. Licensing Procedure. A. All applications, new and renewal, for licenses shall be made upon forms furnished by the City Clerk. The application shall be submitted to the City Clerk accompanied by a fee as set forth in Section 185 of this Code. B. Each establishment license application shall describe the general nature of the business, the location, and any other information deemed necessary by the Health Department. Subd. 4. Location Restricted.' No individual shall engage in body art activities at any place other than a licensed establishment. Ordinance No. 2002 -11 Page 5 Subd. 5. License Expiration. Licenses issued pursuant to this code shall commence and expire on the dates indicated on the license. Subd. 6. Transfer and Display of License. Only a person who complies with the requirements of this ordinance shall be entitled to receive a license. A license shall not be transferable as to person or place. A valid license shall be posted pursuant to Section 160 of this Code. 745.05 Inspection and Plan Review. Subd. 1. Inspection Required. The Health Department shall inspect each body art establishment: A. Before issuing a license for a new establishment; B. As part of a construction or remodeling plan review; C. As part of a complaint investigation; or D. At least once a year for a routine inspection. Subd. 2. Construction Inspections. The body art establishment shall be constructed in conformance with the approved plans. The Health Department shall inspect the body art establishment as frequently as necessary during the construction to ensure that the construction occurs in conformance with this ordinance. The Health Department shall conduct a final construction inspection prior to the start of operations and issuance of a license. Subd. 3. Access to Premises and Records. The operator of the body art establishment shall, upon request of the Health Department and after proper identification, permit access to all parts of the establishment at any reasonable time, for the purpose of inspection. The operator shall allow review of any records necessary for the Health Department to ascertain compliance to this ordinance. Subd. 4. Interference with the Health Department. No person shall interfere with or hinder the Health Inspector in the performance of its duties, or refuse to permit the Health Department to make such inspections. Subd. 5. Removal and Correction of Violations. Operator(s) or technician(s) shall correct or remove each violation upon receipt of an inspection report giving notification of one or more violations of this ordinance in a reasonable length of time as determined by the Health Department. The length of time for the correction or removal of each such violation shall be noted on the inspection report. Failure to remove or correct each violation within the time period noted on the inspection report shall constitute a separate violation of this ordinance. The Health Department may issue orders to halt construction or remodeling, or to take corrective measures to ensure compliance with this ordinance. 745.06 Grounds for Closure. Subd. 1. Violations. If any violation of this Code exist, the operator(s) or technician(s) may be ordered to discontinue all operations of the body art establishment. Body art establishments shall only reopen with permission from the Health Department. Ordinance No. 2002 -11 Page 6 745.07 Standards for Health and Safety. No operator or body art establishment shall engage in body art activities without complying with the following regulations: Subd. 1. Facilities. A. Any new or remodeled establishment shall submit to the Health Department a to -scale establishment plan in sufficient detail to ascertain compliance with conditions in this ordinance. B. There shall be no less than one hundred fifty (150) square feet of floor space for each procedure area. The procedure area(s) must be separated from the bathroom, retail sales area, hair salon area, or any other area that may cause potential contamination of work surfaces. For clients requesting privacy, dividers, curtains, or partitions at a minimum shall separate multiple procedure areas. C. Each establishment shall have a readily accessible handsink that is not in a public restroom and is equipped with: (1) Hot and cold running water under pressure; (2) No touch faucet controls such as wrist or foot operated; (3) Liquid hand soap; (4) Single use paper towels; and (5) A garbage can. D. Every establishment shall have at least one available bathroom equipped with a toilet and a hand lavatory. The hand lavatory shall be supplied with: (1) Hot and cold running water under pressure; (2) Liquid hand soap; (3) Single use paper towels or mechanical hand drier /blower; (4) A garbage can; (5) A door that closes; and (6) Adequate ventilation. E. The establishment shall have an artificial light source equivalent to 20 foot - candles at three feet above the floor. At least 100 foot - candles of light shall be provided at the level where body art procedures are performed, where sterilization takes place, and where instruments and sharps are assembled. F. All procedure surfaces shall be smooth, nonabsorbent and easily cleanable. G. All ceilings shall be in good condition. H. All walls and floors shall be free of open holes or cracks and washable. Ordinance No. 2002 -11 Page 7 I. All facilities shall be maintained in good working order. J. All facilities shall be maintained in a clean and sanitary condition. K. No establishment shall be used or occupied for living or sleeping quarters. L. Only service animals may be allowed in the establishment. No animals shall be allowed in the procedure area(s). M. Effective measures shall be taken by the operator to prevent entrance, breeding, and harborage of insects, vermin, and rodents in the establishment. Subd. 2. Equipment and Instruments. A. All jewelry used as part of a piercing procedure shall be sterilized before use. All reusable instruments shall be thoroughly washed to remove all organic matter, rinsed, and sterilized before and after use. All needles shall be sterilized single use needles. All sterilization shall be conducted using steam heat. Steam heat sterilization units shall be operated according to the manufacturer's specifications. B. Jewelry must be made of surgical implant grade stainless steel, solid 14k or 18k white or yellow gold, niobium, titanium or platinum, and/or a dense low- porosity plastic. Jewelry must be free of nicks, scratches or irregular surfaces and must be properly sterilized prior to use. C. All inks, dyes, and other pigments shall be specifically manufactured for tattoo procedures. The mixing of approved inks, dyes, or pigments, or their dilution with distilled water or alcohol is acceptable. D. Immediately before applying a tattoo, the quantity of the dye used shall be transferred from the dye bottle and placed into single use paper or plastic cups. Upon completion of the tattoo, these single use cups and their contents shall be discarded. E. All tables, chairs, furniture or other procedure surfaces that may be exposed to blood or body fluids during the tattooing or piercing procedure shall be constructed of stainless steel, or other suitable material that will allow complete sanitization, and shall be sanitized between uses with a liquid chemical germicide. F. Single use towels or wipes shall be provided to the client. These towels shall be dispensed in a manner that precludes contamination and disposed of in a cleanable garbage container with a liner. G. All bandages and surgical dressings used shall be sterile or bulk - packaged clean and stored in a clean, closed container. All instruments and supplies shall be stored clean and dry in covered containers. I. All equipment and instruments shall be maintained in a good working order and in a clean and sanitary condition. Subd. 3. Skin Preparation. Ordinance No. 2002 -11 Page 8 A. Whenever it is necessary to shave the skin, a new disposable razor must be used for each client. B. The skin area subject to a body art procedure must be thoroughly cleaned with soap and water, rinsed thoroughly, and swabbed with an antiseptic solution. Only single use towels or wipes shall be used in the skin cleaning process. C. No body art procedure shall be performed on any area of the skin where there is an evident infection, irritation, or open wound. Subd. 4. Hand Washing and Hygiene. A. Each technician shall scrub his or her hands and wrists thoroughly for 20 seconds before and after performing a body art procedure. B. Technicians with skin infections of the hand shall not perform body art procedures. C. The technician must wash his or her hands after contact with the client receiving the procedure or after contact with potentially contaminated articles. D. Technicians shall wear clean clothing and use a disposable barrier such as a lap cloth when performing body art procedures. E. For each client, single use disposable barriers shall be provided on all equipment used as part of the procedure that cannot be sterilized according to 745.07. Subd. 2. A. Examples may include, but not limited to spray bottles, procedure light fixture handles, and tattoo machines. F. Technicians shall not smoke, eat, or drink while performing body art procedures. 745.08 Glove Use. Subd. 1. Whileperfo:ung b °dy art procedures single use gloves of adequate size and quality L_ __ as to preserve dexterity shall be used for touching clients, for handling sterile instruments, or for handling blood or body fluids. Gloves must be changed if: A. They become damaged; B. They come in contact with any non -clean surface or objects; or C. They come in contact with a third person. Subd. 2. At a minimum, gloves shall be discarded after the completion of a procedure on a client. Subd. 3. Hands and wrists must be washed before putting on a clean pair of gloves and after removing a pair of gloves. Gloves shall not be reused. 745.09. Disposal of Contaminated Products. Subd. 1. Contaminated waste that may release liquid blood or body fluids when compressed or that may release dried blood or body fluids when handled, must be placed in. an approved Ordinance No. 2002 -11 Page 9 "red" bag that is marked with the international biohazard symbol. It must be disposed of by a licensed waste hauler at an approved site, or at a minimum, in accordance with the requirements contained in 29 CFR Part 1910.1030, Occupational Exposure to Bloodborne Pathogens. Subd. 2. Contaminated waste that does not release liquid blood or body fluids when compressed or handled may be placed in a covered receptacle and disposed of through normal, approved disposal methods. Subd. 3. Sharps ready for disposal shall be disposed of in an approved sharps container. Subd. 4. Storage of contaminated waste on -site shall not exceed the period specified by 29 CFR Part 1910.1030, Occupational Exposure to Bloodborne Pathogens. 745.10. Technician Requirements and Professional Standards. Subd. 1. Technician Information. The following information shall be kept on file for two years on the premises and available for inspection by the Health Department for each technician: A. Full name; B. Home address; C. Home phone number; D. Date of birth; E. Identification photo, and; F. Exact duties. Subd. 2. Operation Records. The following information shall be kept on file for two years on the premises and available for inspection by the Health Department: A. A description of all body art procedures performed; B. An inventory of instruments, body jewelry, sharps, and inks or pigments used for all procedures including the names of manufacturers, serial and lot numbers. Invoices or orders shall satisfy this requirement; and C. A copy of this ordinance shall be available at all times on premises. Subd. 3. Parental Consenfr No technician shall tattoo oi pierce any person under the age of 18 years unless the person provides written consent from both .the custodial and noncustodial parents where applicable, if required by M. S. 609.2246; and thewritten consent from custodial parent given by the parent in person at the establis1#me91 Subd. 4. Proof of Age ! Technicians shall request proof of age prior to performing procedures on any client. Proof of age is established by one of the following: Ordinance No. 2002 -11 Page 10 A. A valid driver's license or identification card issued by the State of Minnesota, or other state, and including the photograph and date of birth of the person; B. A valid military identification card issued by the United States Department of Defense; C. A valid passport; or D. A resident alien card. Sub�d:5:,:. lienRecor In order to aid in proper healing following the procedure, the technician shall provide a release form to the client and the client may indicate if he or she has: A. Diabetes; B. A history of hemophilia; C. A history of skin diseases, skin lesions, or skin sensitivities to soap, disinfectants, etc.; D. A history of allergies to metals; E. A history of epilepsy, seizures, fainting or narcolepsy; F. A condition where the client takes medications, such as anticoagulants, that thin the blood and /or interferes with blood clotting; or G. Any other information that would aid the technician in body art procedure process evaluation. Sub_6;ie easean Conenn A. The technician shall ask the client to sign and date the release form confirming that the information listed in 745.10. Subd. 5. was obtained or was attempted to be obtained. B. Before administering a body art procedure, the client must sign and date a consent form. The consent form shall disclose: (1) That any tattoo should be considered permanent; it may only be removed with a surgical procedure; and any effective removal may leave scarring; or (2) That any piercing may leave scarring. Sub7:< Grounds >fos; fu s. . Body art procedures shall not be performed on any individual who appears to be under the influence of alcohol; controlled substances as defined in Minnesota Statutes, Section 152.01, subd. 4; or hazardous substances as defined in rules adopted under Minnesota Statutes, Chapter 182. Subd. 8. Client Record Maintenance. The body art establishment operator shall maintain proper records for each client. The records of the procedure shall be kept for two years and shall be available for inspection by the Health Department upon request. The records shall include the following. Ordinance No. 2002 -11 Page 11 A. The date of the procedure; B. Record of information on picture identification showing name, age, and current address of the client; C. Copy of the release form signed and dated by the client; D. The nature of the body art procedure performed; E. The name of the technician performing the procedure; F. A copy of the consent form to perform the body art procedure on a minor with required signatures as defined in 745.10. Subd. 3., if applicable. Subd. 9. Aftercare. Technicians shall provide each client with printed instructions on recommended care of the body art during the healing process. Subd. 10. Notification. Operators and technicians shall notify the Health Department immediately of any reports they receive of a potential bloodborne pathogen transmission. Subd. 11. Industry Self - Survey and Training Responsibility. Every licensee of a body art establishment shall arrange for and maintain a program of sanitation self-inspection conducted by the owner, operator, technician, or apprentice and approved by the Health Department. The self - inspection program shall include written policies, appropriate forms for logging self - inspections, and evidence that routine self - inspection of all aspects of the body art establishment takes place. Records of the body art establishment self- inspection program shall be available for review." Section 2. This ordinance shall be in full force and effect on July 1, 2003. Adopted this 4th day of February 2003. First Reading: December 3, 2002 Second Reading: Published: Attest City Clerk Mayor r� O \mss REPORURECOMMENDATION To: MAYOR AND COUNCIL Agenda Item III.B. From: ERIC ANDERSON Consent El ASSISTANT CITY MANAGER Information Only ❑ ❑ Date: FEBRUARY 18, 2003 Mgr. Recommends To HRA ® To Council Subject: ORDINANCE NO. 2003-2 - ❑ Motion CENTERPOINT ENERGY El Resolution MINNEGASCO FRANCHISE Ordinance RENEWAL ORDINANCE ❑ Discussion RECOMMENDATION: Grant First Reading of the Franchise Ordinance for Centerpoint Energy Minnegasco. INFORMATION /BACKGROUND: Centerpoint Energy Minnegasco has been working throughout the metro area over the last year renewing their franchise agreements with Cities. The existing franchise they have with Edina expires in June of 2003. The attached franchise ordinance is a derivative of the League of Minnesota Cities (LMC) and Suburban Rate Authority (SRA) Model Gas Ordinance that was used with all the cities that have renewed their franchise agreements with Centerpoint. The franchise agreement gives them a nonexclusive right to distribute gas via use of public ground to customers in the City. The term of the agreement would be 20 years. The proposed franchise agreement differs from the LMC /SRA model ordinance in a couple of areas: 1. The previous franchise agreement specified policies and procedures for the disturbing of streets and public right -of -ways. Under the new franchise, we reference Section 421 of the City Code with specifies all the procedures for Right -of Way management. Some Cities do not have 1 _6 REPORT /RECOMMENDATION - Centerpoint Energy Minnegasco Franchise Agreement February 18, 2003 Page two right -of -way management sections in their City Code, and must specify procedures within the franchise ordinance. 2. The model ordinance suggests that if the City elects to require a franchise fee, the City and Centerpoint must negotiate in good faith to reach a mutually acceptable agreement. If unable to come to an agreement, the parties agree to have the State District Court determine the fee. Under the proposed franchise ordinance, the City has the right to adopt a franchise fee under a separate ordinance. The fee must be imposed on all energy providers in the City. It also specifies methods to calculate the fee (percentage of gross revenues, flat meter based fees or combinations thereof). City Staff and the City Attorney felt it was important to have this franchise fee language in the new ordinance. In 1995, the City renewed its franchise agreement with Xcel Energy (at the time Northern States Power.). Their franchise ordinance specifies comparable fee language and indicates that it must be imposed on other energy providers within the City. Staff is not recommending that you impose a franchise fee at this time, but °wanted to reserve the right to charge a fee at some time in the future should economic conditions indicate a need for such a fee. Staff recommends that Council grant first reading of the Franchise ordinance. FRANCHISE ORDINANCE FOR CENTERPOINT ENERGY MINNEGASCO ORDINANCE NO. 2003 -2 CITY OF EDINA, HENNEPIN COUNTY, MINNESOTA AN ORDINANCE GRANTING CENTERPOINT ENERGY MINNEGASCO, A DIVISION OF RELIANT ENERGY RESOURCES CORPORATION, A DELAWARE CORPORATION, ITS SUCCESSORS AND ASSIGNS, A NONEXCLUSIVE FRANCHISE TO CONSTRUCT, OPERATE, REPAIR AND MAINTAIN FACILITIES AND EQUIPMENT FOR THE TRANSPORTATION, DISTRIBUTION, MANUFACTURE AND SALE OF GAS ENERGY FOR PUBLIC AND PRIVATE USE AND TO USE THE PUBLIC WAYS AND GROUNDS OF THE CITY OF EDINA, MINNESOTA, FOR SUCH PURPOSE; AND, PRESCRIBING CERTAIN TERMS AND CONDITIONS THEREOF. THE CITY COUNCIL OF THE CITY OF EDINA, HENNEPIN COUNTY, MINNESOTA, ORDAINS: SECTION 1. DEFINITIONS. For purposes of this Ordinance, the following capitalized terms listed in alphabetical order shall have the following meanings: City. The City of Edina, County of Hennepin, State of Minnesota. City Utility System. Facilities used for providing public utility service owned or operated by City or agency thereof, including sewer, storm sewer, water service, street lighting and traffic signals, but excluding facilities for providing heating, lighting, or other forms of energy. Commission. The Minnesota Public Utilities Commission, or any successor agency or agencies, including an agency of the federal government, which preempts all or part of the authority to regulate gas retail rates now vested in the Minnesota Public Utilities Commission. Company. CenterPoint Energy Minnegasco, a division of Reliant Energy Resources Corporation, a Delaware corporation, its successors and assigns including all successors or assigns that own or operate any part or parts of the Gas Facilities subject to this franchise. Effective Date. The date on which the ordinance becomes effective under Section 2.2. Gas Facilities. Gas transmission and distribution pipes, lines, ducts, fixtures, and all necessary equipment and appurtenances owned or operated by the Company for the purpose of providing gas energy for public or private use. f• Gas. Natural gas, manufactured gas, mixture of natural gas and manufactured gas or other forms of gas energy. Non - Betterment Costs. Costs incurred by Company from relocation, removal or rearrangement of Gas Facilities that do not result in an improvement to the Gas Facilities. Notice. A writing served by any party or parties on any other party or parties. Notice to Company shall be mailed to CenterPoint Energy Minnegasco, V.P., Regulatory & Supply Service, 800 LaSalle Avenue, Minneapolis, MN 55402 -2006. Notice to the City shall be mailed to the City Manager, City of Edina, 4801 West 50`h Street, Edina, Minnesota 55424. Any party may change its respective address for the purpose of this Ordinance by written notice to the other parties. Public Way. Public right -of -way within the.City as defined in Minn. Stat. § 237.162, subd. 3. Public Ground. Land owned or otherwise controlled by the City for park, open space or similar public purpose. SECTION 2. ADOPTION OF FRANCHISE. 2.1. Grant of Franchise. City hereby grants Company, for a period of 20 years from the Effective Date, the right to import, manufacture, distribute and sell gas for public and private use within and through the limits of the City as its boundaries now exist or as they may be extended in the future. This right includes the provision of Gas that is (i) manufactured by the Company or its affiliates and delivered by the Company, (ii) purchased and delivered by the Company or (iii) purchased from another source by the retail customer and delivered by the Company. For these purposes, Company may construct, operate, repair and maintain Gas Facilities in, on, over, under and across the Public Ways and Public Grounds, subject to the provisions of this Ordinance. Company may do all reasonable things necessary or customary to accomplish these purposes, subject however, to such lawful regulations as may be adopted by separate ordinance and as currently exist under Section 421 of the City Code. The City shall give the Company notice 60 days in advance of proposed changes to Section 421 of the City Code. The City and Company shall negotiate in good faith to reach mutually acceptable changes. If the City and Company are unable to agree, disputes will be handled under the terms of Section 2.5 of this Ordinance. If a provision of Section 421 of the City Code conflicts with a provision on the same subject in this Ordinance, this Ordinance will control. 2.2. Effective Date; Written Acceptance. This franchise shall be in force and effect from and after its passage of this Ordinance and publication as required by law and its acceptance by Company. If Company does not file a written acceptance with the City within 90 Days after the date the City Council adopts this Ordinance, or otherwise places the City on written notice, at any time, that the Company does not accept all terms of this franchise, the City Council by resolution may either repeal this ordinance or seek its enforcement in a court of competent jurisdiction. WS- 17809602 2 SH 155 -77 2.3. Service and Gas Rates. The service to be provided and the rates to be charged by Company for gas service in City are subject to the jurisdiction of the Commission 2.4. Publication Expense. The expense of publication of this Ordinance shall be paid by Company. 2.5. Dispute Resolution. If either party asserts that the other party is in default in the performance of any obligation hereunder, the complaining party shall notify the other party of the default and the desired remedy. The notification shall be written. Representatives of the parties must promptly meet and attempt in good faith to negotiate a resolution of the dispute. If the dispute is not resolved within 30 days of the written notice, the parties may jointly select a mediator to facilitate further discussion. The parties will equally share the fees and expenses of this mediator. If a mediator is not used or if the parties are unable to resolve the dispute within 30 days after first meeting with the selected mediator, either party may commence an action in District Court to interpret and enforce this franchise or for such other relief permitted by law. 2.6. Continuation of Franchise. If the City and the Company are unable to agree on the terms of a new franchise by the time this franchise expires, this franchise will remain in effect until a new franchise is agreed upon, or until 90 days after the City or the Company serves written Notice to the other party of its intention to allow the franchise to expire. SECTION 3. LOCATION. OTHER REGULATIONS. 3.1. Location of Facilities. Subject to regulation under Section 421 of the City Code, Gas Facilities in the Public Way shall be located, constructed, and maintained so as not to disrupt normal operation of any City Utility System. Gas Facilities may be located on Public Grounds as determined by the City. 3.2. Restoration of Public Ways and Public Ground. Restoration of the Public Way shall be subject to Section 421 of the City Code. After completing work requiring the opening of Public Ground, the Company shall restore the Public Ground to as good a condition as formerly existed, and shall maintain the surface in good condition for six (6) months thereafter. All work shall be completed as promptly as weather permits. If Company shall not promptly perform and complete the work, remove all dirt, rubbish, equipment and material, and put the Public Ground in the said condition and after demand to Company to cure, City shall, after passage of a reasonable period of time following the demand, but not to exceed five days, have the right to make the restoration of the Public Ground at the expense of Company. Company shall pay to the City the cost of such work done for or performed by the City. This remedy shall be in addition to any other remedy available to the City for noncompliance with this Section. 3.3. Waiver of Performance Security. The City hereby waives any requirement for Company to post a construction performance bond, certificate of insurance, letter of credit or any other form of security or assurance that may be required under Section 421 of the City Code currently or in the future. The City reserves all other rights under Section 421 of the City Code to enforce Company performance requirements for work in the Public Way or Public Ground. 1MS- 178096v12 3 SH 155 -77 3.4. Avoid Damage to Gas Facilities. Nothing in this Ordinance relieves any person from liability arising out of the failure to exercise reasonable care to avoid damaging Gas Facilities while performing any activity. SECTION 4. RELOCATIONS. 4.1. Relocation of Gas Facilities. Relocation of Gas Facilities in Public Ways shall be subject to Section 421 of the City Code. City may require Company at Company's expense to relocate or remove its Gas Facilities from Public Grounds upon .a. finding by City that the Gas Facilities have become or will become a substantial impairment to the existing or proposed public use of the Grounds. Relocation Gas Facilities in Public Ground shall comply with applicable City ordinances consistent with law. 4.2. Proiects with Federal Funding. Relocation, removal, or rearrangement of any Company Gas Facilities made necessary because of the extension into or through City of a federally -aided highway project shall be governed by the provisions of Minnesota Statutes Section 161.46. 4.3. No Waiver. The provisions of Section 4 apply only to Gas Facilities constructed in reliance on a permit or franchise from City and Company does not waive its rights under an easement or prescriptive right or State or County permit. SECTION 5. CHANGE IN FORM OF GOVERNMENT. Any change in the form of government of the City shall not affect the validity of this Ordinance. Any governmental unit succeeding the City shall, without the consent of Company, succeed to all of the rights and obligations of the City provided in this Ordinance. SECTION 6. FRANCHISE FEE. 6.1 Separate Ordinance. During the term of the franchise hereby granted, the City may impose on the Company a franchise fee. In addition to the franchise fee, the Company shall be required to pay only such other fees, charges, costs or taxes, which are generally required to be paid by other businesses or persons in the city. The franchise fee must be imposed by a separate ordinance adopted by the City Council, which ordinance may not be adopted until at least 60 days after Notice enclosing such proposed ordinance has been served upon the Company by certified mail. A fee imposed under this section does not become effective until 60 days after Notice enclosing the adopted ordinance has been served upon the Company by certified mail. 6.2 Condition of Fee. The separate ordinance imposing the fee shall not be effective against the Company unless it lawfully imposes a fee or tax of the same or greater equivalent amount on the sale and/or delivery of energy within the City by.any other energy supplier, provided that, as to such supplier, the City has the authority to require a franchise fee or impose a tax. The Company may petition the City to exempt or reduce the franchise fee applicable to customers who bypass or pose an imminent threat of physically bypassing the Company's distribution system for economic reasons, including the existence of the franchise fee. The City JMS- 178096v 12 4 SH155 -77 I shall not unreasonably withhold such exemption or reduction in franchise fees for such customers. 6.3 Calculation of Fee. The City may impose the franchise fee: (i) as a combination of percentage of gross revenues received from customers in the Residential Customer Class for its utility operations within the City or as a flat meter fee per customer, for customers in non - residential customer classes ( "Combination Fee Method "), or (ii) as a flat meter fee per customer within the City ( "Flat Fee Method "), or (iii) as a fee based on units of gas delivered to any class of retail customers within the corporate limits of the City ( "Unit Fee Method "). The method of imposing the franchise fee: the percent of revenue rate, the flat rate and the per unit rate may differ for each customer class. If prior to the expiration of this franchise, customers in the Company's Residential Customer Class begin to purchase and/or transport gas from companies other than the Company, the City may only impose the Flat Fee Method or the Unit Fee Method, as a way of collecting fees. If the percentage of Combination Fee Method has previously been implemented, it must be changed to the Flat Fee Method or the Unit Fee Method. 6.4 Collection of the Fee. The franchise fee will be payable not less often than quarterly and based on any of the alternative formulas described in Section 6.3 during complete billing months of the period for which payment is to be made. The franchise fee formula may be changed by ordinance from time to time; however, each change must meet the same notice requirements and may not be made more often than annually. Such fee shall not exceed any amount that the Company may legally charge to its customers prior to payment to the City. Such fee is subject to subsequent reductions to account for uncollectibles and customer refunds incurred by the Company. The Company agrees to make available for inspection by the City at reasonable times all records necessary to audit the Company's determination of the franchise fee payments. SECTION 7. LIMITATION ON APPLICABILITY; NO WAIVER. This Ordinance constitutes a franchise agreement between the City and its successors and the Company and its successors and permitted assigns, as the only parties. No provision of this franchise shall in any way inure to the benefit of any third person (including the public at large) so as to constitute any such person as a third party beneficiary of the agreement or of any one or more of the terms hereof, or otherwise give rise to any cause of action in any person not a party hereto. This franchise agreement shall not be interpreted to constitute a waiver by the City of any of its defenses of immunity or limitations on liability under Minnesota Statutes, Chapter 466. SECTION 8. AMENDMENT PROCEDURE. Either party to this franchise agreement may at any time propose that the agreement be amended. This Ordinance may be amended at any time by the City passing a subsequent ordinance declaring the provisions of the amendment, which amendatory ordinance shall become effective upon the filing of Company's written consent thereto with the City Clerk within 60 days after the effective date of the amendatory ordinance. JMS- 178096v12 SH155 -77 9 . SECTION 9. PREVIOUS FRANCHISES SUPERSEDED. This franchise supersedes and replaces previous franchises granted to the Company or its predecessors. Upon Company acceptance of this franchise under Section 2.2, the previous franchise shall terminate. Passed and approved: Mayor of the City of Edina, Minnesota Attest: City Clerk, Edina, Minnesota JMS- 178096v12 6 SH 155 -77 o e cc 5 REQUEST FOR PURCHASE lass 1 TO: Mayor Maetzold and Members of the City Council FROM: John Keprios, Director of Parks and Recreation VIA: Gordon Hughes, City Manager SUBJECT: REQUEST FOR PURCHASE IN EXCESS OF $15,000 DATE: February 18, 2003 AGENDA ITEM IV. A. ITEM DESCRIPTION: Two Greensmowers Braemar Golf Course Compan y _ Amount of Quote or Bid 1. MTI Distributing 1. $33,550.00 plus sales tax 2. Tri State Companies 2. $37,332.00 plus sales tax RECOMMENDED QUOTE OR BID: Account #: 5400.1740 MTI Distributing $33,550.00 plus sales tax GENERAL INFORMATION: This is for purchase of two (2) 2003 Toro Greensmaster Model 3150 greens mowers. The mowers have an 18 horse power motor, 59" width cut with tricycle vehicle main frame that has rear wheel steering. These mowers will routinely cut the grass on the putting surfaces of 36 holes of golf at the Braemar Golf Course (27 championship holes and 9 executive holes). Bids were opened on Friday, February 7, 2003, at 11:00 a.m. This bid includes a $4,100 credit for trade -in of one (1) 1995 Toro Greensmaster model 3100 and one (1) 1996 Toro Greensmaster 3100. The mowers come with a 2 -year standard warranty and is being paid for out of Braemar Golf Course operating budget. T John Vvfios, Director This Recommended bid is X within budget not within Edina Park and Recreation Director City Manager '.:.T, o e 0 TO: FROM: VIA: SUBJECT: DATE: REQUEST FOR PURCHASE Mayor Maetzold and Members of the City Council John Keprios, Director of Parks and Recreation Gordon Hughes, City Manager REQUEST FOR PURCHASE IN EXCESS OF $15,000 February 18, 2003 AGENDA ITEM IV. B. ITEM DESCRIPTION: Fox Meadow Park Improvement No. PK03 -2 Compan y 1. Arrigoni Brothers Company 2. Global Specialty 3. Nadeau 4. Midwest Asphalt 5. Sunram Construction 6. Monette 7. FM Frattalone 8. Bituminous Construction RECOMMENDED QUOTE OR BID: Arrigoni Brothers Company $139,634.00 Amount of Quote or Bid 1. $139,634.00 2. $147,163.50 3. $148,057.00 4. $148,330.00 5. $157,243.10 6. $165,456.00 7. $177,710.60 8. $199,917.00 Account #: 47030.6710 GENERAL INFORMATION: This is for park improvements to Fox Meadow Park. The improvements include significant grading and landscaping, plus installation of playground equipment, 16 foot gazebo structure, and six foot wide pathways around the park. Staff is recommending accepting six of eight add alternates ( #2- #7) and accepting two of two deduct alternates ( #9 & #10) to keep the project within budget (a copy of the alternate results is attached). Staff is recommending not accepting add alternate #1 ($7,000 for 1,000 herbaceous plugs for the woodland area) and add alternate #8 ($9,500 for sod on the open areas instead of seeding). On June 4, 2002, the City Council approved $100,000.00 from the Developer's Fund to used to complete Phase I of the Fox Meadow Park Master Plan. The Fox Meadow Park neighborhood raised an additional $42,550.00 to be applied towards the Fox Meadow Park Master Plan. A copy of the donations is attached. We have had positive experiences with Arrigoni Brothers Company on past park projects. If approved by the Council, construction will begin April 15, 2003, and will be 100% complete on or before June 20, 2003. Edina Park and Recreation John �Ivos, Director Department This Recommended bid is within budget not within budge k nanq! Hughes, FOX MEADOW PARK DONATIONS LIST 1 Peter & Lisa Dahl $ 50 2 Kristi & Robert Brandt $ 100 3 The Komarek Family $ 100 4 Susan & Erik Lundquist $ 100 5 Robert & Michelle Paule $ 100 6 Cynthia McGarvey $ 100 7 Steven Gilmore $ 100 8 Craig & Ann Lagorio $ 100 9 Norman & Edith Garmezy $ 100 10 Michael & Louise Waddick $ 100 11 Karin Wentz $ 100 12 Jeff & Ann Wessels $ 100 13 Dino & Karen Balafas $ 100 14 Paul & Lisa Hartwig $ 125 15 Jan Mowbray $ 125 16 Frank & Toby Berman $ 200 17 Joseph & Amy Senser $ 250 18 Jim Woolsey $ 250 19 Mark & Laura Masuda $ 250 20 Kevin & Pamela Smith $ 250 21 Carlson Companies, Inc. $ 250 22 Charles Gits $ 500 23 Timothy Montgomery $ 500 24 Bruce & Peggy Johnson $ 600 25 Brian Lawton $ 1,000 26 Russell & Jan Michaletz $ 1,000 27 Kurt & Laura Nisi $ 1,000 28 Eugene & Mary Frey $ 5,000 29 Jeffrey & Mary Werbalowsky $ 30,000 $ 42,550 FOX MEADOW PARK PROJECT Company Base bid Alt. 1 Alt. 2 Alt. 3 Alt. 4 Alt. 5 Alt. 6 Alt. 7 Alt. 8 Alt. 9 Alt. 10 Total FW Dodge Reed Construction StTaul Builders Mpls Builders Exchange Monette 153,511.00 2,000.00 400.00 1,650.00 1 1,045.00 8,250.00 1,200.00 600.00 10,800.00 600.00 600.00 178,256.00 Midwest Asphalt 141,186.00 3,400.00 190.00 900.00 684.00 4,400.00 450.00 1,050.00 6,710.00 115.00 (415.00) 158,440.00 Arrigoni 135,620.00 7,000.00 200.00 990.00 874.00 1,650.00 600.00. 1,200.00. 9,500.00 500.00 (1,000.00),- 156,134.00 Bituminous 196,754.00 2,000.00 230.00 1,050.00 1 893.00 950.00 780.00 960.00 11,500.00 1,200.00 500.00 213,417.00 Koolmo Construction Friedges Environmental Assoc. Sunram Construction 155,945.10 2,750.00 180.00 795.00 703.00 1,180.00 540.00 900.00 3,250.00 1,200.00 1,800.00 163,243.10 FM Frattalone 175,366.60 3,140.00 184.00 720.00 798.00 900.00 552.00 990.00 11,150.00 1,000.00 800.00 192,000.60 Global Specialty 144,355.50 6,000.00 300.00 900.00 1,558.00 2,350.00 900.00 900.00 15,500.00 (3,500.00)_I_(600.00) 168.663,50 Nadeau 1 1 144,588.50 3,850.00 425.00 1 1,170.00 1931.00 12,150.00 1,185.00 1 2,107.50 19,500.00 4,500.00) 171,407.00 FOX MEADOW PARK PROJECT Company Base bid Alt. 2 Alt. 3 Alt. 4 Alt. 5 Alt. 6 Alt. 7 Alt. 9 Alt. 10 Total FW Dodge Reed Construction StTaul Builders Mpls Builders Exchange Monette 153,511.00 400.00 1,650.00 1,045.00 8,250.00 1,200.00 600.00 600.00 600.00 165,456.00 Midwest Asphalt 141,186.00 190.00 900.00 684.00 4,400.00 450.00 1,050.00 115.00 415.00 148,330.00 Arrigoni 135,620.00 200.00 990.00 874.00 1,650.00 600.00 1,200.00 500.00 1,000.00 139,634.00 Bituminous 196,754.00 230.00 1,050.00 893.00 950.00 780.00 960.00 1,200.00 (500.00 ) 199,917.00 Koolmo Construction Friedges Environmental Assoc. Sunram Construction 155,945.10 180.00 795.00 703.00 1,180.00 540.00 900.00 1,200.00 1,800.00 157,243.10 FM Frattalone 175,366.60 184.00 720.00 798.00 900.00 552.00 990.00 1,000.00 800.00 177,710.60 Global Specialty 144,355.50 1300.00 1 900.00 1 1,558.00 12,350.00 900.00 900.00 3,500.00 600.00 147,163.50 Nadeau 144,588.50 1 425.00 1 1,170.00 1931.00 2,150.00 1,185.00 2,107.50 4,500.00 148,057.00 o e � 0 REQUEST FOR PURCHASE � TO: FROM: VIA: SUBJECT: DATE: Mayor Maetzold and Members of the City Council John Keprios, Director of Parks and Recreation Gordon Hughes, City Manager REQUEST FOR PURCHASE IN EXCESS OF $15,000 February 18, 2003 AGENDA ITEM IV. C. ITEM DESCRIPTION: Fertilizer for Braemar and Fred Richards Golf Courses. Company Amount of Quote or Bid 1. Simplot Partners 1. $19,438.81 2. Contract Specialty 2. $19,504.00 RECOMMENDED QUOTE OR BID:. Account #5422 -6540 Simplot Partners $19,438.81 $16,671.81 #5431-6540 - $2,767.00 GENERAL INFORMATION: This is for purchase of the annual supply of slow release fertilizers for Braemar and Fred Richards Golf Courses. This order includes 13 tons of 25 -3 -14 82% polyon - polymer coated slow release fertilizer for fairways and tees.. This purchase also includes 2 tons of 15 -0 -30 25% polyon coated slow release fertilizer for greens. John rios, Director This Recommended bid is - - - within budget not wit] Edina Park and Recreation Department o"k f VU I dnk AGENDA ITEM: IV.D. FEBRUARY 18, 2003 DATE: REQUEST FOR PURCHASE TO: MAYOR AND COUNCIL FROM: ERIC ANDERSON, ASSISTANT CITY MANAGER VIA: GORDON L. HUGHES, CITY MANAGER SUBJECT: REQUEST FOR PURCHASE IN EXCESS OF $15,000 ITEM DESCRIPTION: CONCRETE/MASONRY - CITY HALL COMPANY BID AMOUNT 1. 1. 2. 2. 3. 3. 4. 4. RECOMMENDED BID: GENERAL INFORMATION: Bids for concrete /masonry will be opened on Tuesday, February 18, 2003. Results will be presented at the Council meeting. - -- - - -T- - - - -- - — - ADMINISTRATION - =- -- -= - - -- Signature Department The Re omnlended B' is (within budget) (not within budget) Gor n L. Hughes, Ci Manager Alin Wallin, Finance Director .�, AGENDA ITEM: IV.D. DATE: FEBRUARY 18, 2003 �4 co M •f� v • REQUEST FOR PURCHASE TO: MAYOR AND COUNCIL FROM: ERIC ANDERSON, ASSISTANT CITY MANAGER VIA: GORDON L. HUGHES, CITY MANAGER SUBJECT: REQUEST FOR PURCHASE IN EXCESS OF $15,000 ITEM DESCRIPTION: CONCRETE AND MASONRY — CITY HALL COMPANY BID. AMOUNT 1. 1. 2. SEE ATTACHED 2. 3. 3. 4. 4. RECOMMENDED BID: SERICE CONSTRUCTION - $1,560,000 GENERAL INFORMATION: The bid is for concrete, masonry and stonework for City Hall. The Construction Manager's estimate for the bid package was $1,650,000. Signature The Re om e Go'rASn L. Hu © (within budget) Manager ADMINISTRATION Department (not with' budget) hn Wallin, Finance Director Edina City Edina, Minnesota Hall & Police Facility February 18, 2003 at 2:00 p.m. at Edina City Hall BID CATEGORY - Concrete & Masonry Page 1 of 1 2/18/2003 5:00 PM Bidder Bid Security Acknowledge Addendums TOTAL BASE BID TOTAL BASE BID WITH CHOSEN ALTERNATES COMMENTS 1,998,384.00 Alt #2 Apoxy Flooring 3 4 Steller Concrete Yes x x 1,597,400.00 1,597,400.00 A &P Yes x x 1,998,384.00 1,996,984.00 1,400.00 Northland Concrete Yes x x 1,694,700.00 1,694,700.00 Serice Yes x x 1,561,300.00 1,560,000.00 1,300.00 Donald Frantz Yes x x 1,625,000.00 1,625,000.00 George F Cook Yes x x 1,959,000.00 1,955,000.00 4,000.00 No Bid 4,000.00 No Bid No Bid No Bid No Bid No Bid No Bid No Bid No Bid No Bid No Bid No Bid No Bid Serice Yes Ix x 1,561,300.00 AVERAGE T >:.;:. E COS >:<:; »:. >:.;;::. 17 39 297. 33 A &P Yes: IX' X.:.:. 1,998,384.00 A , AGENDA ITEM: W.E. O e DATE: FEBRUARY 18, 2003 V � �O REQUEST FOR PURCHASE TO: MAYOR AND COUNCIL FROM: ERIC ANDERSON, ASSISTANT CITY MANAGER VIA: GORDON L. HUGHES, CITY. MANAGER SUBJECT: REQUEST. FOR PURCHASE IN EXCESS OF $15,000 ITEM DESCRIPTION: STRUCTURAL STEEL — CITY HALL . COMPANY BID AMOUNT 1. SEE ATTACHED 1 2. 2• 3. 3. 4. 4. RECOMMENDED BID: AMERICAN STRUCTURAL METALS - $173,235.00 GENERAL INFORMATION: The bid is for structural steel materials for City Hall. The construction manager's estimate for this bid package was $245,000.00. Sign The Recom ended Bi is ® (within budget) r on L. Hughes, Ci anager ADMINISTRATION VA Department (not within budget) n Wallin, Finance Director Edina City Hall & Police Facility Edina, Minnesota February 13, 2003 @ 2:00 p.m. at the Edina Senior Center BID CATEGORY - Structural Steel Material Bidder Bid Security Acknowledge Addendums TOTAL BASE BID TOTAL BASE BID WITH ALL ALTERNATES TOTAL BASE BID WITH CHOSEN ALTERNATES 3 4 Central MN Fabricating BB X X 193 500.00 193 500.00 193 500.00 Egger Steel BB X X 228 420.00 228 420.00 228 420.00 LL Le'eune Company BB X X 206 000.00 206 000.00 206,000-00 American Structural Metals BB X X 173 235.00 173 235.00 173 235.00 PREMIER CONST SYSTEMS BB X X 196 641.00 196 641.00 196 641.00 No Bid . No Bid No Bid No Bid No Bid No Bid No Bid No Bid r� o g REPORT /RECOMMENDATION ,,p a • fNC'DRroR "r • lase To: Mayor & City Council Agenda Item # V.A. From: Vince Bongaarts Consent Traffic Safety Coordinator Information Only ❑ Date: February 18, 2003 Mgr. Recommends .❑ To HRA ® To Council Subject: Attached Traffic Safety, Minutes Action ® Motion ❑ Resolution ❑ Ordinance ❑ Discussion Recommendation: Review and approve Traffic Safety Minutes of February 10, °2003. Info /Background: r TRAFFIC SAFETY STAFF REVIEW MONDAY, February 10, 2003 The staff review of traffic safety matters occurred on February 10, 2003. Staff present included the City Planner, Chief of Police, City Engineer, Sign Coordinator, Traffic Sergeant, and the Traffic Safety Coordinator. From that review, the below recommendations are provided. On each of the items, persons involved have been contacted and the Staff recommendation has been discussed with them. They have also been informed that if they disagree with the recommendation or have additional facts to present, they can be included on the February 18, 2003 Council Agenda. SECTION A: Requests on which the staff recommends approval. 1. A request for 'no parking anytime' restrictions for the south side of the 5700 block of Benton Ave. The request comes from both Countryside School and the Edina Fire Marshall. The concern is emergency vehicles cannot get through during special events held at the school including Election Day activities. The six residents located on the north side of Benton in the 5700 block have all been contacted and agree with the proposed 'no parking' restrictions for the south side of the street. The staff recommends 'no parking anytime' restrictions for the south side of the 5700 block of Benton Ave. SECTION B: Requests on which the staff recommends denial of request. 1. Request for stop signs on Code Ave. at W. 56th St. Requestor feels that cars are going too fast in this area, especially southbound on Code Ave., and the stop signs are needed to slow them down. The intersection already has stop signs for W. 56th St., which runs east / west. Code is a north / south street. There are no clearview problems at this intersection that would cause problems with seeing approaching traffic from either direction on Code Ave. TRAFFIC SAFETY STAFF REVIEW February 10, 2003 Page 2 of 3 There have been no reported accidents at this intersection from 1/1/97 to 1/31/03. The staff recommends denial of the request for lack of warrant. SECTION C: Requests that are deferred to a later date or referred to others: 1. A complaint was received that the southeast corner of St. Johns at Valley View Rd. is obstructed so drivers wanting to travel northbound on St. Johns have to pull into intersection to see if any traffic is approaching westbound on Valley View before making the left turn to go west themselves. The obstructions are three large utility boxes maintained by various utility companies. South of the utility boxes are four very large pine trees, which also help obscure the view, however, the pine trees are not in violation of the clearview ordnance. If the utility boxes were not in the present location there would not be a problem. There have been no accidents reported at this location from 1/1/07 to 1/31/03. The staff recommends that this be referred to Engineering to communicate with the utility companies involved to determine if there is a conflict with the use of City right -of -way. 2. Several complaints have been received regarding Tracy Ave. over Crosstown 62 and access on and off the Crosstown via Tracy Ave. The complaints have ranged from vehicles traveling too fast on Tracy Ave., to; it is too difficult to get onto Tracy Ave. from the Crosstown via exit ramps. Since 1/1/97 to 1/31/03 there have been 17 accidents in this area. The majority of the accidents have been right angle type accidents resulting from failure to yield. A traffic survey done in August of 2001 showed an ADT of 8,909 vehicles on Tracy Ave. in this area with an 85- percentile speed of 37 mph. Staff recommends that this be referred to Engineering for study and recommendations to Mn DOT. 3. Numerous complaints have been received by the City's Police and Engineering Departments regarding the presently posted speed limit of 30 mph on the new frontage road located in the southwest corner of Edina. It is felt that the posted speed limit should be higher than 30 mph. TRAFFIC SAFETY STAFF REVIEW February 10, 2003 Page 3 of 3 The staff recommends a speed and traffic survey to determine the proper speed limit for the new frontage road. 4. A complaint was received from the resident at 5525 Kellogg that trucks and other vehicles were parking across the street from the resident's driveway causing problems getting the car in and out of the driveway. The house directly across the street has had extensive remodeling going on for the past two years. The resident of that house stated they are aware of the neighbor's complaints. Their contractor has asked the trucks' drivers to not park across from the complainants' driveway. The Police Chief and the Traffic Safety Coordinator have both made several trips down Kellogg but could find no parking or obstruction problems occurring on the street. There have been no reported accidents on this street from 1/1/97 to 1/31/03. There is no further action that can be taken at this time. REPORT /RECOMMENDATION To: Mayor & City Council Agenda Item # V.B. From: Solve! Wilmot Consent Only El Recycling Coordinator Information Date: February 18, 2003 Mgr. Recommends ❑ To HRA ® To Council Subject: Adopt Resolution for Action ❑ Motion, Municipal Recycling Grant ® Resolution Agreement with Hennepin ❑ Ordinance County i ❑Discussion Recommendation: Adopt a resolution authorizing the City of Edina to enter into an agreement with . Hennepin County to accept funding for the Edina Recycling Program. Info /Background: The City of Edina Recycling program applies for Grant money through the Hennepin County SCORE (Select Committee on Recycling and the Environment) fund. In order to be eligible to receive the monies Edina must enter into an agreement to receive the funds and use them for the residential recycling program. The amount of Grant money has not yet been determined. State budget challenges have affected the amount the County receives; which will affect the amount the grant applicants receive. RESOLUTION NO. 2003-17 AUTHORIZING THE CITY OF EDINA TO ENTER INTO A 2003 MUNICIPAL RECYCLING GRANT AGREEMENT WITH HENNEPIN COUNTY City of Edina WHEREAS, the Cit of Edina operates a recycling program consistent with Minnesota Statutes 115A.02 and 115A.03, as amended by the Laws of Minnesota 1992, Chapter, 685, and Minnesota Statutes, 473.8011; and WHEREAS, the Edina Recycling Program is consistent with the Office of Environmental Assistance Solid Waste Management Development Guide/ Policy Plan, the Hennepin County Solid Waste Master Plan; and the Hennepin County's Residential Recycling Funding Policy; and WHEREAS, the Hennepin County Board has adopted a Resolution authorizing funding for Municipal Recycling Programs. NOW, THEREFORE, BE IT RESOLVED, by the Edina City Council that the Mayor and the City Manager to enter into an Agreement with Hennepin County to accept funding for the Edina Recycling Programs. Adopted this 18th day of February 2003. Attest: Debra A. Mangen, City Clerk STATE OF MINNESOTA ) " COUNTY OF HENNEPIN ) SS CITY OF EDINA ) Michael F. Kelly, Mayor Pro Tern CERTIFICATE OF CITY CLERK I, the undersigned duly appointed and acting City Clerk of the City of Edina do hereby certify that the attached and foregoing City Council Minutes is a true and correct copy of the Resolution duly adopted by the Edina City Council at its regular, meeting of February 18th 2003, and as recorded in the Minutes of said regular meeting. WITNESS, my hand and seal of said City this day of City Clerk City Hall (952) 927 -8861 4801 WEST 50TH STREET FAX (952) 826 -0390 EDINA, MINNESOTA 55424 -1394 TDD (952) 826 -0379 REPORT /RECOMMENDATION To: City Council Agenda Item V.C. From: Debra Mangen Consent Fq City Clerk Information Only ❑ Date: February 18, 2003 Mgr. Recommends ❑ To HRA ® To Council Subject: Annual Appointment of Weed Inspector Action ® Motion ° ❑ Resolution ❑ Ordinance ° ❑ . Discussion Recommendation: Appoint Vince Cockriel, Park Superintendent, as Assistant Weed Inspector for calendar year 2003. Info /Background: The duties of the Assistant Weed Inspector- are to carry out the enforcement of the City of Edina's Nuisance. Ordinance regarding Section 1050— Maintenance of Vegetation. Primarily, the Assistant Weed Inspector identifies and eradicates noxious weeds as defined by the State Commission of Agriculture and mandated by Minnesota Statutes. The duties also include identifying and cutting turf grasses and weeds throughout the City of Edina that exceed ten inches in height that are subject to Edina Code Section 1050.05. Edina's Park Superintendent, Vince Cockriel has successfully served as the Assistant Weed Inspector for the past four years. G rhe�11t 4 •'IV v • 18138 '00 REPORURECOMMENDATION To: MAYOR AND COUNCIL From: GORDON L. HUGHES CITY MANAGER Date: FEBRUARY 18, 2003 Subject: GOAL SETTING RETREAT MARCH 22, 2003 Agenda Item V -D- Consent El , Information Only Mgr. Recommends El To HRA ® To Council El Motion El Resolution ❑ Ordinance ® Discussion RECOMMENDATION: Please bring your calendar to the February 18, 2003, Council Meeting to set March 22, 2003, as the date for the Goal Setting Retreat. M IN� REP" EPORTIRECOMMENDATION To: Mayor & City Council From: Cecelia M. Smith Information Only Asst. to the City manager Date: February 17, 2003 Subject: Approval of 2003 Labor Action Contract With Local 49 - Public Works Recommendation: Approve the 2003 contract. Info /Background: Agenda Item # V.E. Consent Information Only ❑ Mgr. Recommends ❑, To HRA ® To Council Action ❑ Motion ❑ Resolution ❑ Ordinance ❑ Discussion W Local 49 and the City have reached an agreement for their labor contract for 2003 which will include the following changes: n 1. Wages — 3% increase. 2. Insurance - $40 per month increase of City contribution. These two items are within budget and the same increases we gave to non -union employees for 2003. U REPO RVRECOM MEN DATION To: Mayor & City Council ° Agenda Item # V. F. From: Wayne D. Houle, PE Consent ❑ City Engineer Information Only ❑ Date: February 18, 2003 Mgr. Recommends ❑ To HRA ® To Council Subject: Municipal State Aid Sidewalk Action ❑ Motion Report ❑ Resolution ❑ Ordinance ® Discussion Info /Background: The Edina City Council requested staff to analyze the "missing sidewalk segments" on the Municipal State Aid roadway system. Attached is the Municipal State Aid Sidewalk Study. J V 0 0 4,91N�11,L MUNICIPAL STATE AID SIDEWALK STUDY N O CITY OF EDINA Municipal State Aid Sidewalk Study February 14, 2003 PURPOSE: This report analyzes the adopted City of Edina Pedestrian / Bicycle Facilities, the existing Municipal State Aid (MSA) Sidewalk System, the missing MSA sidewalk segments, and proposed construction of the missing sidewalk segments. HISTORY: The City of Edina currently has over 32 miles of MSA and County State Aid Highway (CSAH) sidewalks. Many of the sidewalks and pathways in the City were constructed with adjacent developments and are missing critical sidewalk segments. The Edina City Council requested staff to analyze the missing segments along the MSA and CSAH roadways. The Comprehensive Sidewalk / Pathway Plan was updated in 1999 as part of the City of Edina Comprehensive Plan update; see plan below. This plan includes all existing sidewalks along with proposed MSA/CSAH sidewalks and also proposed local roadway sidewalks. ti City of Edina Transportation Plan Figure 10 g March IAN Pedestrian /Bicycle Facilities Z* 5 � 1 mile City of Edina Transportation Plan Figure 10 g March IAN Pedestrian /Bicycle Facilities Municipal State Aid Sidewalk Study February 14, 2003 Page 2 PROPOSED MSA SIDEWALKS: The proposed sidewalks provide safe pedestrian travel along roadways that cannot accommodate the mixing of pedestrian and vehicular movements. The proposed sidewalk system will add approximately 12 miles of sidewalks to the existing system. Many of these segments will require extensive boulevard work to construct the sidewalk or pathway; these sidewalks will also transverse many residential boulevards. The map below indicates the existing system and proposed MSA/CSAH sidewalks. N &carry 6iwmnous Sidewalk .... ftpoud 9taw-Ad Sidewalk W+ E Fz,srry Conaxte Sidewalk kMnidpal State Ad Street S 6xImirg Park PatWay Er 9n<0ag Dept reorr— 21W Figure 2: MISSING MUNICIPAL SIDEWALK SEGMENTS Municipal State Aid Sidewalk Study February 14, 2003 Page 3 PROPOSED CONSTRUCTION SCHEDULE: A portion of the proposed sidewalk system can be constructed with programmed roadway projects as listed in the adopted 2003 -2007 Capital Improvement Program (CIP); see Figure 3 below. The City's adopted Sidewalk Financing Policy requires initiation of sidewalks to be resident petition driven. However, the City Council may want staff to plan construction on some of the MSA/CSAH segments prior to receiving petitions. • t Dg a U.NUtt so.-* N • 09g Ntotet S13—K 3D4 6YDg Pak Pauw 2M5 W E P1W.4 SVl.W7 Gm..R 3116 bggeetog Dept IIPtICi(el Slat AU sl!!t 3IR ftDtla/y. 2ll13 Figure 3: PROGRAMMED MSA SIDEWALKS . . Municipal State Aid Sidewalk Study February 14, 2003 Page 4 COSTS & FEASIBLITY: Staff has prepared a draft CIP for the non - programmed segments of the MSA/CSAH sidewalk system; see attached CIP. Costs to construct all of the proposed MSA sidewalks is approximately $550,000 per year for the next six years; with the current level of MSA funding this is not feasible. The current CIP appropriates $130,000 a year for MSA sidewalks. 2003 -2007 MSA FUNDING: 2003 2004 2005 2006 2007 BEGINNING BALANCE 2,558,540 2,228,540 1,099,540 1,020,540 1,004,540 YEAR EXPENDITURE 1,330,000 2,129,000 1,079,000 1,016,000 603,000 ENDING BALANCE 1,228,540 99,540 20,540 4,540 401,540 MSA FUNDING WITH PROPOSED SIDEWALKS: 2003 2004 2005 2006 2007 BEGINNING BALANCE 2,558,540 2,063,540 484,540 (199,460) (740,460) YEAR EXPENDITURE 1,495,000 2,579,000 1,684,000 1,541,000 1,128,000 ENDING BALANCE 1,063,540 (515,460) (1,199,460) (1,740,460) (1,868,460) Some of the proposed sidewalks such as the Interlachen Boulevard sidewalk / pathway might qualify for Federal funding under the Transportation Enhancement Program. This program is competitive and is administered by the Metropolitan Council. MUNICIPAL STATE -AID SIDEWALK SYSTEM 6 YEAR CAPITAL IMPROVEMENT PLAN Line No. PROJECT DESCRIPTION FY 2003 FY 2004 FY 2005 FY 2006 FY 2007 FY 2008 PUBLIC WORKS: MUNICIPAL STATE AID PROJECTS TOTAL COST TOTAL COST TOTAL COST TOTAL COST TOTAL COST TOTAL COST 1 Sidewalks: Brookside Avenue (West 44th Street to RR Tracks) $ 45,000.00 2 West 50th Street and Eden Avenue $ 120,000.00 3 Valley View Road (Concord to SL Johns) $ 50,000.00 4 West 70th Street (@ Arneson Acres) $ 80,000.00 5 Hansen Road (Benton Ave to RR) $ 75,000.00 6 Wooddale Avenue (Garrison Ln to W 56th St) $ 225,000.00 7 West 62nd Street (W RD to France) $ 100,000.00 8 1 West 58th Street (Concord to France) $ 225,000.00 9 10 Blake Road (Lake Ridge to Intelachen) $ 200,000.00 11 Tracy Avenue (W RD to TH62) $ 60,000.00 12 Interfachen Blvd - Blake Rd (Vemon Ave to Hopkins) $ 200,000.00 $ 325,000.00 13 Valley View Road (Benton to Wooddale) $ 160,000.00 14 1 Benton Ave (Hansen to TH100) $ 150,000.00 15 West 66th Street (RdkJedale to TH100) $ 110,000.00 16 West 54th Street ( Wooddale to France) $ 150,000.00 17 Valley View Road (TH169 to Gleason) $ 375,000.00 $ 80,000.00 18 Lincoln Drive (@ VanValkenburg Park) $ 225,000.00 19 Edina Industrial Boulevard (Bush Lake to Metro) $ 100,000.00 20 Mnnesota Drive (Parklawn to France) $ 825,000.00 21 France Avenue (Mnnesota to W 54th St) TOTAL COSTS $ 295,000 $ 560,000 $ 686,0001$ 686,000 $ 625,0001$ 1,230,000 Page 1 R55CKREG LOG— CITY OF EL Council Check Register 1/31/2003 – 2/6/2003 Check # Date Amount Vendor / Explanation PO # Doc No Inv No Account No Subledger Account Description 243221 113112003 - 100686 CITY OF EDINA PAYROLL ACCOUNT 480,000.00 PAYROLL FUNDING 58356 1/31 PAYROLL 9900.1010 CASH TREASURER'S 480,000.00 243222 216/2003 101833 A.T.O.M. 2/5/20. .46:40 Page - 1 Business Unit PAYROLL CLEARING 800.00 BASIC CERTIFICATION 58377 012903 1400.6104 CONFERENCES & SCHOOLS POLICE DEPT. GENERAL 800.00 243223 2/6/2003 110828 Al WIRELESS & BATTERY 329.47 HEAVY DUTY CASES 58378 4215 1301.6406 GENERAL SUPPLIES GENERAL MAINTENANCE 329.47 243224 216/2003 100613 AAA 9.50 LICENSE TABS 26.199 58227 012803 1553.6260 LICENSES & PERMITS EQUIPMENT OPERATION GEN 103.50 LICENSE TABS 22.164 58228 01/28 1553.6260 LICENSES & PERMITS EQUIPMENT OPERATION GEN 113.00 243225 2/6/2003 100614 ACE SUPPLY CO. INC. 202.91 FLEX INSULATED DUCT 58137 475182 1552.6530 REPAIR PARTS CENT SVC PW BUILDING 202.91 243226 216/2003 100615 ACME WINDOW CLEANING INC 575.10 RAMP WINDOW CLEANING 58138 047508 1375.6103 PROFESSIONAL SERVICES PARKING RAMP 575.10 243227 21612003 102191 ADVANCED GRAPHIC SYSTEMS INC. 361.89 TONER CARTRIDGES 58139 INV00045079 1400.6406 GENERAL SUPPLIES POLICE DEPT. GENERAL 361.89 243228 21612003 101458 ADVANCED STATE SECURITY 1,212.18 NEW CAMERA, REPLACE LENS 58379 22656 5841.6215 EQUIPMENT MAINTENANCE YORK OCCUPANCY 1,212.18 243229 216/2003 100867 ALSTAD, MARIAN 128.21 ART WORK SOLD AT EAC 58277 011603 5101.4413 ART WORK SOLD ART CENTER REVENUES 261.00 INSTRUCTOR AC 58433 012703 5110.6103 PROFESSIONAL SERVICES ART CENTER ADMINISTRATION CITY OF EDINA 21512003 12:46:40 R55CKREG LOG20000 Council Check Register Page - 2 1/31/2003 — 216/2003 Check # Date Amount Vendor / Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 389.21 243230 21612003 103285 AMEM 100.00 2003 DUES 58140 012703 1400.6105 DUES & SUBSCRIPTIONS POLICE DEPT. GENERAL 100.00 243231 216/2003 105086 AMERICAN WATER WORKS ASSOCIATI 124.00 MEMBERSHIP DUES 58141 2000238015 5913.6105 DUES & SUBSCRIPTIONS DISTRIBUTION 124.00 243232 21612003 110811 ANCHOR AUDIO INC 663.28 SOUND SYSTEM REPAIR/UPGRADE 58229 330271 1627.6406 GENERAL SUPPLIES SPECIAL ACTIVITIES 663.28 243233 2/6/2003 100630 ANCHOR PAPER CO. INC. 1,199.69 COPIER PAPER 58380 143354601 1550.6406 GENERAL SUPPLIES CENTRAL SERVICES GENERAL 1,199.69 243234 216/2003 102109 ANCOM TECHNICAL CENTER 432.15 2 -WAY RADIO REPAIRS 58142 52424 1553.6237 RADIO SERVICE EQUIPMENT OPERATION GEN 432.15 243235 21612003 110837 ANDLEA COMPANIES INC 702.90 TONER CARTRIDGES 58434 00350 1550.6406 GENERAL SUPPLIES CENTRAL SERVICES GENERAL 702.90 243236 216/2003 100929 ARCTIC GLACIER INC. 31.50 58322 DB302708 5862.5515 COST OF GOODS SOLD MIX VERNON SELLING 31.50 243237 2/612003 100256 AT &T WIRELESS 22.56 58230 011703 5420.6188 TELEPHONE CLUB HOUSE 22.56 243238 2/612003 104069 B.B. WATSON GRAPHIC DESIGN 862.65 BUSINESS CARDS 58381 405 1550.6406 GENERAL SUPPLIES CENTRAL SERVICES GENERAL R55CKREG LOC.. CITY OF E. 2/5/20 :46:40 Council Check Register Page - 3 1/31/2003 — 216/2003 Check # Date Amount Vendor / Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 862.65 243239 2/6/2003 100638 BACHMAN'S 59.00 FLOWERS 58382 103171137 5410.6406 GENERAL SUPPLIES GOLF ADMINISTRATION 59.00 243240 2/612003 100640 BAKER POOLS 279.15 POOL FILTER PARTS 58383 45773 5620.6406 GENERAL SUPPLIES EDINBOROUGH PARK 732.73 ROPE ANCHORS/HOLDERS 58490 45772 5620.6406 GENERAL SUPPLIES EDINBOROUGH PARK 1,011.88 243241 2/612003 100643 BARR ENGINEERING CO. 45.50 LANDSCAPE ECOLOGY SERV 58315 2327D16 -17 04258.1705.21 CONSULTING INSPECTION T258PAMELA PARK/LAKE STORM WAT 7,874.07 STORMWATER MGMT 58316 2327354 -109 5932.6103 PROFESSIONAL SERVICES GENERAL STORM SEWER 7,919.57 243242 21612003 102195 BATTERIES PLUS 274.77 BATTERIES 58435 18 -54875 1470.6406 GENERAL SUPPLIES FIRE DEPT. GENERAL 274.77 243243 2/6/2003 105111 BATZLI, LAURA 57.85 ART WORK SOLD AT EAC 58278 011603 5101.4413 ART WORK SOLD ART CENTER REVENUES 57.85 243244 21612003 101355 BELLBOY CORPORATION 540.50 58323 25534600 5862.5512 COST OF GOODS SOLD LIQUOR VERNON SELLING 1,225.00 58324 25581400 5822.5513 COST OF GOODS SOLD WINE 50TH ST SELLING 170.00 58325 25556200 5822.5513 COST OF GOODS SOLD WINE 50TH ST SELLING 1,935.50 243245 216/2003 100661 BENN, BRADLEY 136.50 ART WORK SOLD AT EAC 58279 011603 5101.4413 ART WORK SOLD ART CENTER REVENUES 72.25 FOOD FOR RECEPTION 58436 012103 5110.6406 GENERAL SUPPLIES ART CENTER ADMINISTRATION 208.75 243246 216/2003 103406 BENNEROTTE MARKETING AGENCY 139.83 SHOWER PARTS 58384 55411 5620.6530 REPAIR PARTS EDINBOROUGH PARK R55CKREG LOG20000 150.00 CITY OF EDINA 243249 2/612003 Council Check Register 104053 BIOCLEAN MOBILE WASH INC. 1/31/2003 - 2/6/2003 955.84 Check # Date Amount Vendor / Explanation PO # Doc No Inv No Account No Subledger Account Description 955.84 - 139.83 243250 243247 21612003 100648 BERTELSON OFFICE PRODUCTS 1.96 OFFICE SUPPLIES 58143 1562220 1120.6406 GENERAL SUPPLIES EQUIPMENT REPLACEMENT 47.54 OFFICE SUPPLIES 58143 1562220 1550.6406 GENERAL SUPPLIES 4400.6710 67.18 OFFICE SUPPLIES 58143 1562220 1160.6406 GENERAL SUPPLIES 6.01 OFFICE SUPPLIES 58144 1562221 1120.6406 GENERAL SUPPLIES 18.94 FILING BOXES 58145 1559400 1301.6406 GENERAL SUPPLIES POLICE SERVICE 161.25 OFFICE SUPPLIES 58385 1595860 1400.6513 OFFICE SUPPLIES 100.00 182.84 OFFICE SUPPLIES 58386 1576350 1400.6513 OFFICE SUPPLIES 2/612003 89.76 OFFICE SUPPLIES 58437 1565440 1470.6513 OFFICE SUPPLIES 575.48 225.00 SKATING INSTRUCTOR 58388 013003 5620.6103 243248 216/2003 105120 BIGELOW, DEBBIE 225.00 215/2003 12:46:40 Page - 4 Business Unit ADMINISTRATION CENTRAL SERVICES GENERAL FINANCE ADMINISTRATION GENERAL MAINTENANCE POLICE DEPT. GENERAL POLICE DEPT. GENERAL FIRE DEPT. GENERAL 150.00 PERFORMANCE 2/11/03 58387 013103 5610.6136 PROFESSIONAL SVC - OTHER ED ADMINISTRATION EQUIPMENT OPERATION GEN CITY HALL/POLICE BUILDING CITY HALUPOLICE BUILDING RESERVE PROGRAM EDINBOROUGH PARK GOLF DOME PROGRAM 150.00 243249 2/612003 104053 BIOCLEAN MOBILE WASH INC. 955.84 CLEAN VEHICLES 58146 35190 1553.6180 CONTRACTED REPAIRS 955.84 243250 2/612003 104971 BKV GROUP 40,760.67 DESIGN 58231 20409 4400.6710 EQUIPMENT REPLACEMENT 2,800.00 FURNITURE DESIGN 58232 20410 4400.6710 EQUIPMENT REPLACEMENT 43,560.67 243251 2/6/2003 100711 BLOOD, DAVID 100.00 POLICE SERVICE 58269 020603 1419.6102 CONTRACTUAL SERVICES 100.00 243252 2/612003 108552 BOATMAN, KAREN 225.00 SKATING INSTRUCTOR 58388 013003 5620.6103 PROFESSIONAL SERVICES 225.00 243253 2/6/2003 100663 BRAEMAR GOLF COURSE 16.57 PETTY CASH 58233 012903 5210.6406 GENERAL SUPPLIES EQUIPMENT OPERATION GEN CITY HALL/POLICE BUILDING CITY HALUPOLICE BUILDING RESERVE PROGRAM EDINBOROUGH PARK GOLF DOME PROGRAM 2/5/21. .:46:40 Page- 5 Business Unit MAINT OF COURSE & GROUNDS GOLF ADMINISTRATION GOLF ADMINISTRATION ART CENTER REVENUES ART CENTER REVENUES ART CENTER REVENUES ART CENTER REVENUES RESERVE PROGRAM ART CENTER REVENUES ART CENTER REVENUES EQUIPMENT OPERATION GEN EQUIPMENT OPERATION GEN CITY OF E. R55CKREG LOG---,J Council Check Register 1/31/2003 - 2/6/2003 Check # Date Amount Vendor / Explanation PO # Doc No Inv No Account No Subledger Account Description -30.00 PETTY CASH 58233 012903 5422.6180 CONTRACTED REPAIRS 37.00 PETTY CASH 58233 012903 5410.6235 POSTAGE 46.84 PETTY CASH 58233 012903 5410.6513 OFFICE SUPPLIES 130.41 243254 216/2003 110810 BRECKENRIDGE, MICHAEL 137.00 CLASS REFUND 58234 012903 5101.4607 CLASS REGISTRATION 137.00 243255 2/6/2003 101553 BRIGHT, CAROL 21.45 ART WORK SOLD AT EAC 58280 011603 5101.4413 ART WORK SOLD 21.45 243256 2/6/2003 101752 BRISCOE, BOB 360.75 ART WORK SOLD AT EAC 58281 011603 5101.4413 ART WORK SOLD 360.75 243257 216/2003 100873 BROCKWAY, MAUREEN 57.20 ART WORK SOLD AT EAC 58282 011603 5101.4413 ART WORK SOLD 57.20 243258 2/612003 100776 BUTLER, GEORGE 100.00 POLICE SERVICE 58267 020603 1419.6102 CONTRACTUAL SERVICES 100.00 243259 21612003 105315 CALTON, BOB 30.19 ART WORK SOLD AT EAC 58283 011603 5101.4413 ART WORK SOLD 30.19 243260 2/612003 102046 CAMPE, HARRIET 61.75 ART WORK SOLD AT EAC 58284 011603 5101.4413 ART WORK SOLD 61.75 243261 2/6/2003 100681 CATCO 366.52 CYLINDER 58147 3 -10592 1553.6530 REPAIR PARTS 338.82 HYDRAULIC CYLINDER 58148 3 -10911 1553.6530 REPAIR PARTS 2/5/21. .:46:40 Page- 5 Business Unit MAINT OF COURSE & GROUNDS GOLF ADMINISTRATION GOLF ADMINISTRATION ART CENTER REVENUES ART CENTER REVENUES ART CENTER REVENUES ART CENTER REVENUES RESERVE PROGRAM ART CENTER REVENUES ART CENTER REVENUES EQUIPMENT OPERATION GEN EQUIPMENT OPERATION GEN R55CKREG LOG20000 CITY OF EDINA 2/5/2003 12:46:40 Council Check Register Page - 6 1/31/2003 — 2/6/2003 Check # Date Amount Vendor / Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 179.16 HYDRAULIC CYLINDER 58149 3 -10837 1553.6530 REPAIR PARTS EQUIPMENT OPERATION GEN 884.50 243262 216/2003 102372 COW GOVERNMENT INC. 120.63 TONER CARTRIDGE 58150 HNS7416 5510.6513 OFFICE SUPPLIES ARENA ADMINISTRATION 120.63 243263 2/6/2003 102691 CHRISTOFFER, KELLI 42.70 PROGRAM SUPPLIES 58438 013103 1629.6406 GENERAL SUPPLIES ADAPTIVE RECREATION 42.70 243264 2/612003 110838 CINNABON 87.50 LICENSE REFUND (OVERPAYMENT) 58439 013103 1490.4171 FOOD ESTABLISHMENT LICENSE PUBLIC HEALTH 87.50 243265 21612003 105316 CLARK, PENNY 130.98 ART WORK SOLD AT EAC 58285 011603 5101.4413 ART WORK SOLD ART CENTER REVENUES 130.98 243266 216/2003 101323 CONNEY SAFETY PRODUCTS 179.24 MEDICINE, SAFETY GLASSES 58153 01976914 1553.6406 GENERAL SUPPLIES EQUIPMENT OPERATION GEN 179.24 243267 216/2003 105278 CONNORS, TIM 80.60 ART WORK SOLD AT EAC 58286 011603 5101.4413 ART WORK SOLD ART CENTER REVENUES 80.60 243268 21612003 103800 CORPORATE EXPRESS 570.84 SHELF FILES 58151 0050061379 4400.6710 EQUIPMENT REPLACEMENT CITY HALL/POLICE BUILDING 159.75 FREIGHT 58152 0050061462 4406.6710 EQUIPMENT REPLACEMENT CITY HALUPOLICE BUILDING 730.59 243269 2/6/2003 105783 CPS TECHNOLOGY SOLUTIONS 3,228.00 ANNUAL CONTRACT 58389 013103 1400.6230 SERVICE CONTRACTS EQUIPMENT POLICE DEPT. GENERAL 3,228.00 243270 21612003 100700 CURTIS 1000 1,645.43 PERMIT STICKERS 58440 2830025 4090.6406 GENERAL SUPPLIES STREET REVOLVING CITY OF L 2/5/2 2:46:40 R55CKREG LOt—__,j0 Council Check Register Page - 7 1/31/2003 — 2/6/2003 Check # Date Amount Vendor/ Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 1,645.43 243271 2/6/2003 105341 CUSTOM DUCT 634.20 DUCTWORK 58154 030112 1552.6530 REPAIR PARTS CENT SVC PW BUILDING 634.20 243272 2/6/2003 100703 CUSTOM FIRE APPARATUS 87.00 SWIVEL 58491 9070 1470.6406 GENERAL SUPPLIES FIRE DEPT. GENERAL 87.00 243273 2/612003 105762 CYNOR, JAMIE T. 100.80 MILEAGE REIMBURSEMENT 58155 012703 1260.6107 MILEAGE OR ALLOWANCE ENGINEERING GENERAL 100.80 243274 2/6/2003 100706 D.C. ANNIS SEWER INC. 82.00 DRAIN CLEANING 58441 30599 1470.6180 CONTRACTED REPAIRS FIRE DEPT. GENERAL 538.00 ANNUAL SERVICE 58442 30600 1470.6215 EQUIPMENT MAINTENANCE FIRE DEPT. GENERAL 620.00 243275 2/6/2003 110829 DAKOTA COUNTY DEPUTY SHERIFFS 150.00 NATIONAL DETECTOR DRUG TRIALS 58390 012803 1438.6104 CONFERENCES & SCHOOLS K -9 UNIT 150.00 243276 216/2003 103143 DAKOTA MAE DESIGNS 63.70 ART WORK SOLD AT EAC 58287 011603 5101.4413 ART WORK SOLD ART CENTER REVENUES 63.70 243277 2/6/2003 103176 DANICIC, JOHN 56.55 ART WORK SOLD AT EAC 58288 011603 5101.4413 ART WORK SOLD ART CENTER REVENUES 56.55 243278 2/6/2003 100710 DAVE'S DAIRY 88.65 DAIRY 58235 011303 5421.5510 COST OF GOODS SOLD GRILL 88.65 243279 2/612003 100712 DAVIES WATER EQUIPMENT 211.94 DETECTOR CARTRIDGE 58443 3154192 1470.6406 GENERAL SUPPLIES FIRE DEPT. GENERAL CITY OF EDINA 2/5/2003 12:46:40 R55CKREG LOG20000 Council Check Register Page - 8 1/31/2003 — 2/6/2003 Check # Date Amount Vendor/ Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 211.94 243280 2/6@003 102478 DAY DISTRIBUTING 29.00 58198 206591 5842.5515 COST OF GOODS SOLD MIX YORK SELLING 3,313.35 58199 206588 5842.5514 COST OF GOODS SOLD BEER YORK SELLING 56.80 58326 206592 5862.5514 COST OF GOODS SOLD BEER VERNON SELLING 1,120.80 58327 206589 5862.5514 COST OF GOODS SOLD BEER VERNON SELLING 1,041.20 58328 206590 5822.5514 COST OF GOODS SOLD BEER 50TH ST SELLING 5,561.15 243281 2/6/2003 100720 DENNYS 5TH AVE. BAKERY 37.47 BAKERY 58236 141879 5421.5510 COST OF GOODS SOLD GRILL 37.47 243282 2/6/2003 100232 DESQ 2,261.23 DISPATCH OFFICE 58492 5189B 4504.6710 EQUIPMENT REPLACEMENT FIRE DEPT 2,261.23 243283 216/2003 101036 DICKER, TOBIE 120.00 INSTRUCTOR AC 58444 012703 5110.6103 PROFESSIONAL SERVICES ART CENTER ADMINISTRATION 120.00 243284 2/6/2003 100735 E -2 SHARP INC 468.23 GRINDING WHEEL 58237 6758 5511.6406 GENERAL SUPPLIES ARENA BLDG /GROUNDS 468.23 243285 2/612003 100739 EAGLE WINE 352.30 58200 665323 5842.5513 COST OF GOODS SOLD WINE YORK SELLING 10.00- 58201 605978 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING 626.02 58329 665627 5822.5513 COST OF GOODS SOLD WINE 50TH ST SELLING 989.33 58330 665320 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING 5.94- 58331 606484 5822.5513 COST OF GOODS SOLD WINE 50TH ST SELLING 8.02- 58332 606516 5842.5513 COST OF GOODS SOLD WINE YORK SELLING 1,943.69 243286 2/6/2003 100741 EAST SIDE BEVERAGE 1,913.65 58333 354096 5862.5514 COST OF GOODS SOLD BEER VERNON SELLING ' CITY OF E 2/5/2 !:46:40 R55CKREG LOt-_ -4 Council Check Register Page - 9 1/31/2003 - 2/6/2003 Check # Date Amount Vendor I Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 989.05 58334 354094 5822.5514 COST OF GOODS SOLD BEER 50TH ST SELLING 9.80 58335 354097 5822.5515 COST OF GOODS SOLD MIX 50TH ST SELLING 4,140.05 58475 354657 5842.5514 COST OF GOODS SOLD BEER YORK SELLING 17.50 58476 354651 5842.5514 COST OF GOODS SOLD BEER YORK SELLING 7,070.05 243287 21612003 100742 ECOLAB PEST ELIMINATION DIVISI 113.42 PEST CONTROL 58445 9149934 5620.6230 SERVICE CONTRACTS EQUIPMENT EDINBOROUGH PARK 113.42 243288 2/6/2003 100734 EDWARD KRAEMER & SONS INC. 1,241.95 CLASS 11 58156 131481 5913.6517 SAND GRAVEL & ROCK DISTRIBUTION 1,241.95 243289 21612003 100549 ELECTRIC PUMP INC. 2,766.26 PUMP /MODIFICATIONS 58238 0022555 -IN 5911.6530 REPAIR PARTS PUMP & LIFT STATION OPER 2,766.26 243290 2/6@003 106213 EMSAR TWIN CITIES 64.40 COT MAINTENANCE 58446 7126 1470.6215 EQUIPMENT MAINTENANCE FIRE DEPT. GENERAL 523.97 COT MAINTENANCE 58447 7127 1470.6215 EQUIPMENT MAINTENANCE FIRE DEPT. GENERAL 588.37 243291 2/6/2003 106503 ENGEBRETSON, SHIRLEY 30.55 ART WORK SOLD AT EAC 58289 011603 5101.4413 ART WORK SOLD ART CENTER REVENUES 30.55 243292 2/6/2003 105339 ENRGI 400.00 E- COMMERCE 58157 830 2210.6124 WEB DEVELOPMENT COMMUNICATIONS 50.00 WEBSITE GRAPHICS 58158 833 2210.6124 WEB DEVELOPMENT COMMUNICATIONS 450.00 243293 21612003 108548 ERICKSON, BETH 63.00 CLASS REFUND 58239 012903 5101.4607 CLASS REGISTRATION ART CENTER REVENUES 63.00 243294 2/612003 100297 FAST FOTO & DIGITAL 17.15 PHOTO FINISHING 58448 T2- 147975 1470.6408 PHOTOGRAPHIC SUPPLIES FIRE DEPT. GENERAL 215/2003 12:46:40 Page - 10 Business Unit YORK OCCUPANCY ART CENTER REVENUES 50TH ST SELLING ADAPTIVE RECREATION ART CENTER REVENUES ART CENTER ADMINISTRATION ART CENTER ADMINISTRATION 50.00 PERFORMANCE 2109/03 58392 013103 5610.6136 PROFESSIONAL SVC - OTHER ED ADMINISTRATION 50.00 243302 2/6/2003 104115 GOLDMAN, AMY 174.34 WATERBILL REFUND 58393 013003 5900.1211.1 ACCTS RECEIVABLE MANUAL UTILITY BALANCE SHEET 174.34 243303 2/612003 101103 GRAINGER 67.93 BALLAST 58240 498 - 557577 -0 5420.6406 GENERAL SUPPLIES CLUB HOUSE CITY OF EDINA R55CKREG LOG20000 Council Check Register 1/31/2003 — 216/2003 Check # Date Amount Vendor/ Explanation PO # Doc No Inv No Account No Subledger Account Description .17.15 243295 2/6/1003 105420 FIKES HYGIENE SERVICES 34.08 AIR DEODORIZERS 58391 2340 5841.6162 SERVICES CUSTODIANS 34.08 243296 216/2003 106115 FISHMAN, SANDRA 26.00 ART WORK SOLD AT EAC 58290 011603 5101.4413 ART WORK SOLD 26.00 243297 21612003 101603 FLAHERTY'S HAPPY TYME CO. 187.00 58336 14159 5822.5515 COST OF GOODS SOLD MIX 187.00 243298 21612003 105202 FORNER, MARY 240.00 PROGRAM STAFF 58449 013103 1629.6103 PROFESSIONAL SERVICES 240.00 243299 21612003 101022 FRAME, SUSAN 42.25 ART WORK SOLD AT EAC 58291 011603 5101.4413 ART WORK SOLD 42.25 243300 21612003 103039 FREY, MICHAEL 900.00 INSTRUCTOR AC 58488 012703 5110.6103 PROFESSIONAL SERVICES 935.00 INSTRUCTOR AC 58489 1/27 5110.6103 PROFESSIONAL SERVICES 1,835.00 243301 216/2003 102764 GOLDEN VALLEY ORCHESTRA 215/2003 12:46:40 Page - 10 Business Unit YORK OCCUPANCY ART CENTER REVENUES 50TH ST SELLING ADAPTIVE RECREATION ART CENTER REVENUES ART CENTER ADMINISTRATION ART CENTER ADMINISTRATION 50.00 PERFORMANCE 2109/03 58392 013103 5610.6136 PROFESSIONAL SVC - OTHER ED ADMINISTRATION 50.00 243302 2/6/2003 104115 GOLDMAN, AMY 174.34 WATERBILL REFUND 58393 013003 5900.1211.1 ACCTS RECEIVABLE MANUAL UTILITY BALANCE SHEET 174.34 243303 2/612003 101103 GRAINGER 67.93 BALLAST 58240 498 - 557577 -0 5420.6406 GENERAL SUPPLIES CLUB HOUSE ' 6,500.00 FEB. RETAINER CITY OF EL 012903 R55CKREG LOG20u00 PROFESSIONAL SVCS - GOLF GOLF ADMINISTRATION 6,500.00 Council Check Register 243306 2/6/2003 1/31/2003 — 216/2003 Check # Date Amount Vendor/ Explanation PO # Doc No Inv No Account No Subledger Account Description 206.99 67.93 58202 665629 5842.5515 243304 2/6/2003 YORK SELLING 100783 GRAYBAR ELECTRIC CO. INC. 5,218,44 58203 335.22 LIGHTBULBS 58394 1041477933 5620.6406 GENERAL SUPPLIES 335.28 LIGHTBULBS 58395 1041480880 5620.6406 GENERAL SUPPLIES 5842.5512 670.50 YORK SELLING 422,76 243305 21612003 58337 100785 GREUPNER, JOE 5822.5512 COST OF GOODS SOLD LIQUOR 2/5/26 .46:40 Page - 11 Business Unit EDINBOROUGH PARK EDINBOROUGH PARK 6,500.00 FEB. RETAINER 58241 012903 5410.6132 PROFESSIONAL SVCS - GOLF GOLF ADMINISTRATION 6,500.00 243306 2/6/2003 100782 GRIGGS COOPER & CO. 206.99 58202 665629 5842.5515 COST OF GOODS SOLD MIX YORK SELLING 5,218,44 58203 665630 5842.5512 COST OF GOODS SOLD LIQUOR YORK SELLING 2,576.38 58204 665263 5842.5512 COST OF GOODS SOLD LIQUOR YORK SELLING 422,76 58337 665628 5822.5512 COST OF GOODS SOLD LIQUOR 50TH ST SELLING 1,794.57 58338 665626 5862.5512 COST OF GOODS SOLD LIQUOR VERNON SELLING 85.80 58339 666356 5842.5515 COST OF GOODS SOLD MIX YORK SELLING 405.29- 58340 605717 5862.5512 COST OF GOODS SOLD LIQUOR VERNON SELLING 73.42- 58341 606526 5842.5512 COST OF GOODS SOLD LIQUOR YORK SELLING 9,826.23 243307 21612003 102869 GUEST, LISA 57.85 ART WORK SOLD AT EAC 58292 011603 5101.4413 ART WORK SOLD ART CENTER REVENUES 57.85 243308 2/612003 100791 HALLMAN OIL COMPANY 75.56 WINDOW WASH FLUID 58159 81526 1553.6584 LUBRICANTS EQUIPMENT OPERATION GEN 75.56 243309 216/2003 110839 HAMERCHECK COMMUNICATIONS INC 1,092.00 ANALYZER- MOTHERBOARD 58450 02128 1470.6530 REPAIR PARTS FIRE DEPT. GENERAL 1,092.00 243310 2/6/2003 102301 HARTLAND FUEL PRODUCTS LLC 8,896.00 GAS 58242 501011 1553.6581 GASOLINE EQUIPMENT OPERATION GEN CITY OF EDINA 2/5/2003 12:46:40 R55CKREG LOG20000 Council Check Register Page - 12 1/31/2003 — 2/6/2003 Check # - -. Date -- Amount Vendor / Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 8,896.00 243311 2/612003 101097 HEALOW, SHARON 19.44 ART WORK SOLD AT EAC 58293 011603 5101.4413 ART WORK SOLD ART CENTER REVENUES 19.44 243312 2/812003 100801 HENNEPIN COUNTY TREASURER 2,284.91 DEC 2002 58317 000855 1195.6225 BOARD & ROOM PRISONER LEGAL SERVICES 2.284.91 243313 2/612003 102460 HENNEPIN COUNTY TREASURER 9.798.98 TAX OVERPAYMENT 58493 012703 1000.1303 DUE FROM HRA GENERAL FUND BALANCE SHEET 9,798.98 243314 2/8/2003 106371 HENNEPIN FACULTY ASSOCIATES 2,232.00 MEDICAL DIRECTOR SERVICES 58276 020603 1470.6103 PROFESSIONAL SERVICES FIRE DEPT. GENERAL 2,232.00 243315 2/6/2003 103861 HMONG FOLK ART 41.60 ART WORK SOLD AT EAC 58294 011603 5101.4413 ART WORK SOLD ART CENTER REVENUES 41.60 243316 2/612003 102690 HOEL, JUDY 225.00 SKATING INSTRUCTOR 58396 013003 5620.6103 PROFESSIONAL SERVICES EDINBOROUGH PARK 225.00 243317 216/2003 100417 HORIZON COMMERCIAL POOL SUPPLY 125.14 CHLORINE, ACID 58398 3011003 5620.6545 CHEMICALS EDINBOROUGH PARK 167.65 PH PROBE 58399 3010807 5610.6406 GENERAL SUPPLIES ED ADMINISTRATION 292.79 243318 2/6/2003 105682 HOVELAND, KELLY 140.63 SKATING INSTRUCTOR 58397 013003 5620.6103 PROFESSIONAL SERVICES EDINBOROUGH PARK 140.63 243319 2/6/2003 102114 HUEBSCH 15.86 TOWELS/RAGS 58400 763577 5620.6230 SERVICE CONTRACTS EQUIPMENT EDINBOROUGH PARK CITY OF EL 2/5/21 .:46:40 R55CKREG LOGS,,.. Council Check Register Page - 13 1/31/2003 — 2/6/2003 Check # Date Amount Vendor/ Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 15.86 , 243320 21612003 101233 IAAPA 375.00 2003 MEMBERSHIP DUES 58160 012303 5310.6105 DUES & SUBSCRIPTIONS POOL ADMINISTRATION 375.00 243321 216 /2003 101714 IDENTISYS INC. 69.38 CARDS FOR DATACARD 58401 66960 5610.6406 GENERAL SUPPLIES ED ADMINISTRATION 69.38 243322 216/2003 102664 IKON OFFICE SOLUTIONS 175.05 MAINTENANCE AGREEMENT 58161 23584449 1550.6230 SERVICE CONTRACTS EQUIPMENT CENTRAL SERVICES GENERAL 175.05 243323 2/612003 101761 PIERSON, KATHRYN 442.99 OCT - DEC 2002 58318 013003 4201.6406 GENERAL SUPPLIES EDINA CHEMICAL AWARENESS 1,000.00 OCT - DEC 2002 58318 013003 5820.6103 PROFESSIONAL SERVICES 50TH STREET GENERAL 2,000.00 OCT - DEC 2002 58318 013003 5840.6103 - PROFESSIONAL SERVICES LIQUOR YORK GENERAL 2,000.00 OCT - DEC 2002 58318 013003 5860.6103 PROFESSIONAL SERVICES VERNON LIQUOR GENERAL 5.442.99 243324 21612003 101861 J.H. LARSON COMPANY 292.58 FLUORESCENT BULBS 58162 4322560 -01 1552.6530 REPAIR PARTS CENT SVC PW BUILDING 292.58 243325 216 /2003 101400 JAMES, WILLIAM F 100.00 POLICE SERVICE 58273 020603 1419.6102 CONTRACTUAL SERVICES RESERVE PROGRAM 100.00 243326 2/612003 110779 JAUS, STEPHEN 175.00 FIREWOOD 58451 8637 5630.6406 GENERAL SUPPLIES CENTENNIAL LAKES 175.00 243327 2/612003 101179 JEUB, PATTI 244.00 INSTRUCTOR AC 58452 012703 5110.6103 PROFESSIONAL SERVICES ART CENTER ADMINISTRATION 244.00 243328 2/612003 100835 JOHNSON BROTHERS LIQUOR CO. 549.55 58205 1513123 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING R55CKREG LOG20000 CITY OF EDINA 215/2003 12:46:40 Council Check Register Page - 14 1/31/2003 - 2/6/2003 Check # Date Amount Vendor / Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 938.84 58206 1513125 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING 39.50- 58207 212845 5842.5513 COST OF GOODS SOLD WINE YORK SELLING 21.60- 58208 212847 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING 276.57 58342 1513127 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING 996.55 58343 1515523 5862.5512 COST OF GOODS SOLD LIQUOR VERNON SELLING 2,355.45 58344 1515525 5862.5512 COST OF GOODS SOLD LIQUOR VERNON SELLING 94.40 58345 1515527 5862.5515 COST OF GOODS SOLD MIX VERNON SELLING 167.20- 58346 212846 5862.5512 COST OF GOODS SOLD LIQUOR VERNON SELLING 1,907.50 58477 1515516 5842.5512 COST OF GOODS SOLD LIQUOR YORK SELLING 1,366.07 58478 1515518 5842.5512 COST OF GOODS SOLD LIQUOR YORK SELLING 491.43 58479 1515519 5842.5513 COST OF GOODS SOLD WINE YORK SELLING 4,690.55 58480 1515520 5842.5512 COST OF GOODS SOLD LIQUOR YORK SELLING 71.60 58481 1515521 5842.5513 COST OF GOODS SOLD WINE YORK SELLING .20 58482 1515511 5842.5513 COST OF GOODS SOLD WINE YORK SELLING 1,638.00 58483 1515517 5842.5513 COST OF GOODS SOLD WINE YORK SELLING 15,148.41 243329 2/6/2003 103654 JOHNSON, DENISE 61.75 ART WORK SOLD AT EAC 58295 011603 5101.4413 ART WORK SOLD ART CENTER REVENUES 61.75 243330 2/612003 102719 JOHNSON, PHILLIP 279.80 CLASS TEXTBOOKS 58243 012203 5125.6564 CRAFT SUPPLIES MEDIA STUDIO 764.91 SOFTWARE UPGRADE 58243 012203 5125.6710 EQUIPMENT REPLACEMENT MEDIA STUDIO 1,044.71 243331 2/612003 101072 JOHNSON, WALTER 100.00 POLICE SERVICE 58275 020603 1419.6102 CONTRACTUAL SERVICES RESERVE PROGRAM 100.00 243332 2/6/2003 104331 JOYCE EILERS DESIGNS LLC 40.30 ART WORK SOLD AT EAC 58296 011603 5101.4413 ART WORK SOLD ART CENTER REVENUES 40.30 243333 2/6/2003 105318 JOYELLE, PATRICIA 35.10 ART WORK SOLD AT EAC 58297 011603 5101.4413 ART WORK SOLD ART CENTER REVENUES CITY OF L 2/5/2 2:46:40 R55CKREG LOL.__.n10 Council Check Register Page - 15 1/31/2003 — 2/6/2003 Check # Date Amount Vendor/ Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 35.10 243334 2/612003 102760 KLOPPMANN, MAREN 65.00 ART WORK SOLD AT EAC 58298 011603 5101.4413 ART WORK SOLD ART CENTER REVENUES 65.00 243335 21612003 101185 KNUTSON, KAREN 1,600.00 INSTRUCTOR AC 58453 012703 5110.6103 PROFESSIONAL SERVICES ART CENTER ADMINISTRATION 1,600.00 243336 21612003 100846 KUETHER DISTRIBUTING CO 194.25 58209. 409163 5842.5514 COST OF GOODS SOLD BEER YORK SELLING 194.25 243337 21612003 101751 LAB SAFETY SUPPLY INC 175.09 HAZMAT SUPPLIES 58454 1002849449 1470.6550 HAZARDOUS MATERIALS FIRE DEPT. GENERAL 175.09 243338 2/612003 100852 LAWSON PRODUCTS INC. 615.48 WASHERS, NUTS, TY -RAP 58163 0501389 1553.6530 REPAIR PARTS EQUIPMENT OPERATION GEN 615.48 243339 2/6/2003 110830 LGB OF AMERICA 60.00 TRAIN REPAIR 58402 0238670 -IN 5620.6180 CONTRACTED REPAIRS EDINBOROUGH PARK 60.00 243340 2/6/2003 110813 LIND, DAVID 150.00 PERFORMANCE 2/11/03 58244 012103 5610.6136 PROFESSIONAL SVC - OTHER ED ADMINISTRATION 150.00 243341 21612003 100856 LINHOFF PHOTO 15.17 DEV & PRINT 58245 33002 5125.6564 CRAFT SUPPLIES MEDIA STUDIO 15.17 243342 2/6/2003 103526 LOFFLER BUSINESS SYSTEMS 207.68 COPIER USAGE 58246 107058941 1553.6406 GENERAL SUPPLIES EQUIPMENT OPERATION GEN 2/5/2003 12:46:40 Page - 16 Business Unit YORK SELLING 50TH ST SELLING VERNON SELLING STREET CLEANING ART CENTER REVENUES 2,011.37 SKATING INSTRUCTOR 58404 013003 5620.6103 PROFESSIONAL SERVICES EDINBOROUGH PARK 2,011.37 243347 216/2003 105585 MAIRS, TEALINA 150.00 SKATING INSTRUCTOR 58405 013003 5620.6103 PROFESSIONAL SERVICES EDINBOROUGH PARK 150.00 243348 2/6/2003 105586 MALONEY, THERESA 131.25 SKATING INSTRUCTOR 58406 013003 5620.6103 PROFESSIONAL SERVICES EDINBOROUGH PARK 131.25 243349 2/6/2003 100868 MARK VII SALES 3,317.90 58210 503029 5842.5514 COST OF GOODS SOLD BEER CITY OF EDINA 120.20 R55CKREG LOG20000 503030 5842.5515 COST OF GOODS SOLD MIX YORK SELLING 1,365.00 58212 502790 5842.5514 COST OF GOODS SOLD BEER YORK SELLING 2,534.50 Council Check Register 502791 5862.5514 COST OF GOODS SOLD BEER VERNON SELLING 91.80 58348 1/31/2003 - 2/6/2003 COST OF GOODS SOLD BEER Check # Date Amount Vendor/ Explanation PO # Doc No Inv No Account No Subledger Account Description 58350 502945 207.68 COST OF GOODS SOLD BEER VERNON SELLING 243343 2/6/2003 101876 LOYALTY DAY PROGRAM BOOK 41.66 PROGRAM ADVERTISING 58403 012203 5842.6122 ADVERTISING OTHER 41.67 PROGRAM ADVERTISING 58403 012203 5822.6122 ADVERTISING OTHER 41.67 PROGRAM ADVERTISING 58403 012203 5862.6122 ADVERTISING OTHER 125.00 243344 21612003 100864 MAC QUEEN EQUIP INC. 509.13 POLY BROOMS 58164 2031024 1310.6523 BROOMS 509.13 243345 2/6/2003 106336 MAGNUSON, SHARON 21.13 ART WORK SOLD AT EAC 58299 011603 5101.4413 ART WORK SOLD 21.13 243346 2/612003 102790 MAIRS, CANDYCE 2/5/2003 12:46:40 Page - 16 Business Unit YORK SELLING 50TH ST SELLING VERNON SELLING STREET CLEANING ART CENTER REVENUES 2,011.37 SKATING INSTRUCTOR 58404 013003 5620.6103 PROFESSIONAL SERVICES EDINBOROUGH PARK 2,011.37 243347 216/2003 105585 MAIRS, TEALINA 150.00 SKATING INSTRUCTOR 58405 013003 5620.6103 PROFESSIONAL SERVICES EDINBOROUGH PARK 150.00 243348 2/6/2003 105586 MALONEY, THERESA 131.25 SKATING INSTRUCTOR 58406 013003 5620.6103 PROFESSIONAL SERVICES EDINBOROUGH PARK 131.25 243349 2/6/2003 100868 MARK VII SALES 3,317.90 58210 503029 5842.5514 COST OF GOODS SOLD BEER YORK SELLING 120.20 58211 503030 5842.5515 COST OF GOODS SOLD MIX YORK SELLING 1,365.00 58212 502790 5842.5514 COST OF GOODS SOLD BEER YORK SELLING 2,534.50 58347 502791 5862.5514 COST OF GOODS SOLD BEER VERNON SELLING 91.80 58348 502792 5862.5514 COST OF GOODS SOLD BEER VERNON SELLING 67.20 58349 502793 5862.5515 COST OF GOODS SOLD MIX VERNON SELLING 2,447.85 58350 502945 5862.5514 COST OF GOODS SOLD BEER VERNON SELLING ' CITY OF L 2/5/2 2:46:40 R55CKREG LOt__ „j0 Council Check Register Page - 17 1/31/2003 - 2/612003 Check # Date Amount Vendor/ Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 9,944.45 243350 216/2003 110795 MASON- CUTTERS 1,224.00 CUT CONCRETE LIFT PIPE 58165 M -20566 5932.6180 CONTRACTED REPAIRS GENERAL STORM SEWER 1,224.00 243351 2/6/2003 100870 MATRX 175.07 NITRILE GLOVES 58407 803100 1400.6510 FIRST AID SUPPLIES POLICE DEPT. GENERAL 294.50 AMBULANCE SUPPLIES 58455 802543 1470.6510 FIRST AID SUPPLIES FIRE DEPT. GENERAL 227.08 AMBULANCE SUPPLIES 58456 803167 1470.6510 FIRST AID SUPPLIES FIRE DEPT. GENERAL 2.92 AMBULANCE SUPPLIES 58457 802565 1470.6510 FIRST AID SUPPLIES FIRE DEPT. GENERAL 257.10 AMBULANCE SUPPLIES 58458 803277 1470.6510 FIRST AID SUPPLIES FIRE DEPT. GENERAL 221.26 AMBULANCE SUPPLIES 58459 803539 1470.6510 FIRST AID SUPPLIES FIRE DEPT. GENERAL 3,251.15 AMBULANCE SUPPLIES 58494 801039 1470.6510 FIRST AID SUPPLIES FIRE DEPT. GENERAL 4,429.08 243352 216/2003 100875 MCCAREN DESIGNS INC. 665.63 PLANTS 58408 22543 5620.6620 TREES, FLOWERS, SHRUBS EDINBOROUGH PARK 1,447.34 PLANTS 58409 22544 5620.6620 TREES, FLOWERS, SHRUBS EDINBOROUGH PARK 2,112.97 243353 2/6/2003 101254 MCCORMICK, CAROL 100.00 PERFORMANCE 2113103 58410 013103 5610.6136 PROFESSIONAL SVC - OTHER ED ADMINISTRATION 100.00 243354 21612003 100515 MCM ELECTRONICS 168.68 PATCH CABLE, SUPPLIES 58247 937513 5125.6406 GENERAL SUPPLIES MEDIA STUDIO 168.68 243355 216/2003 105757 MCPHERSON, KAREN 8.45 ART WORK SOLD AT EAC 58300 011603 5101.4413 ART WORK SOLD ART CENTER REVENUES 8.45 243356 2/6/2003 100953 MEDTRONIC PHYSIO CONTROL CORP. 72.85 LIFEPAK CABLE 58460 PC168424 1470.6510 FIRST AID SUPPLIES FIRE DEPT. GENERAL 72.85 243357 2/6/2003 108622 MEHTA, ADELE 143.00 ART WORK SOLD AT EAC 58301 011603 5101.4413 ART WORK SOLD ART CENTER REVENUES CITY OF EDINA 2/5 /2003 12:46:40 R55CKREG LOG20000 Council Check Register Page - 18 1/31/2003 -- 2/612003 Check # Date Amount Vendor/ Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 143.00 243358 2/6/2003 101483 MENARDS 29.45 SCREWDRIVER, TOOL BOX 58166 1197 5913.6556 TOOLS DISTRIBUTION 138.72 PAINT SUPPLIES 58248 2928 5431.6406 GENERAL SUPPLIES RICHARDS GC MAINTENANCE 37.00 POLY CLEAR 58319 81029 5420.6406 GENERAL SUPPLIES CLUB HOUSE 12.27 HINGES, BRASS CLIPS 58412 2693 5911.6406 GENERAL SUPPLIES PUMP & LIFT STATION OPER 48.09 HINGES, BRASS CLIPS 58412 2693 1470.6406 GENERAL SUPPLIES FIRE DEPT. GENERAL _ 26.45 POWERLOCKS, SQUARES 58413 2702 1301.6556 TOOLS GENERAL MAINTENANCE 291.98 243359 216/2003 100881 MERFELD, BURT 100.00 POLICE SERVICE 58268 020603 1419.6102 CONTRACTUAL SERVICES RESERVE PROGRAM 100.00 243360 216/2003 100882 MERIT SUPPLY 1,310.40 CLEANING SUPPLIES 58167 61037 5511.6511 CLEANING SUPPLIES ARENA BLDG /GROUNDS 273.12 CLEANERS 58414 61057 5620.6511 CLEANING SUPPLIES EDINBOROUGH PARK 1,583.52 243361 2/6/2003 101390 MES INC. 23.50 RADIO POCKET 56461 118379 1470.6180 CONTRACTED REPAIRS FIRE DEPT. GENERAL 23.50 243362 21612003 102507 METRO VOLLEYBALL OFFICIALS 110.00 OFFICIATING FEES 58249 2328 4077.6103 PROFESSIONAL SERVICES EDINA ATHLETIC ASSOCIATION 110.00 243363 216/2003 102508 METZGER, MAURE ANN 32.18 ART WORK SOLD AT EAC 58302 011603 5101.4413 ART WORK SOLD ART CENTER REVENUES 32.18 243364 21612003 104650 MICRO CENTER 63.19 SUPPLIES 58250 362168 5125.6406 GENERAL SUPPLIES MEDIA STUDIO 63.19 243365 2/6/2003 101161 MIDWEST CHEMICAL SUPPLY 23.32 FILTERS 58462 21576 1470.6406 GENERAL SUPPLIES FIRE DEPT. GENERAL 2/5/20L .46:40 Page - 19 Business Unit YORK SELLING ART CENTER REVENUES ADAPTIVE RECREATION CLUB HOUSE CIVILIAN DEFENSE 83.77 JAN. SERVICE 58416 CD10387 5620.6230 CITY OF ED. EDINBOROUGH PARK R55CKREG LOG2u,.,,v 243372 2/6/2003 102552 MINNESOTA TRANSPORTATION ALLIA Council Check Register 605.00 2003 MEMBERSHIP DUES 58168 2015 1260.6105 DUES & SUBSCRIPTIONS 1/31/2003 — 216/2003 Check # Date _ Amount Vendor/ Explanation PO # Doc No Inv No Account No Subledger Account Description 23.32 55.00 AGM LUNCHEON 58252 2707 243366 216/2003 PARK ADMIN. GENERAL 100692 MIDWEST COCA -COLA BOTTLING COM 386.00 101606 MSSA 58213 60840119 5842.5515 COST OF GOODS SOLD MIX 25.00 386.00 58169 012803 5913.6105 DUES & SUBSCRIPTIONS DISTRIBUTION 243367 21612003 104968 MILLER, ERNEST 48.75 ART WORK SOLD AT EAC 58303 011603 5101.4413 ART WORK SOLD 48.75 243368 21612003 102873 MILLER, SUSAN 100.00 PETTY CASH 58463 013103 1629.6406 GENERAL SUPPLIES 100.00 243369 216/2003 100522 MINNESOTA AIR INC. 15.55 TEMPERATURE SWITCHES 58251 3007958 -01 5420.6406 GENERAL SUPPLIES 15.55 243370 2/6/2003 101899 MINNESOTA DEPARTMENT OF PUBLIC 200.00 REGISTRATION 58415 013103 1460.6104 CONFERENCES & SCHOOLS 200.00 243371 2/6/2003 100903 MINNESOTA ELEVATOR INC 2/5/20L .46:40 Page - 19 Business Unit YORK SELLING ART CENTER REVENUES ADAPTIVE RECREATION CLUB HOUSE CIVILIAN DEFENSE 83.77 JAN. SERVICE 58416 CD10387 5620.6230 SERVICE CONTRACTS EQUIPMENT EDINBOROUGH PARK 83.77 243372 2/6/2003 102552 MINNESOTA TRANSPORTATION ALLIA 605.00 2003 MEMBERSHIP DUES 58168 2015 1260.6105 DUES & SUBSCRIPTIONS ENGINEERING GENERAL 605.00 243373 21612003 102776 MRPA 55.00 AGM LUNCHEON 58252 2707 1600.6106 MEETING EXPENSE PARK ADMIN. GENERAL 55.00 243374 2/6/2003 101606 MSSA 25.00 2003 MEMBERSHIP DUES 58169 012803 5913.6105 DUES & SUBSCRIPTIONS DISTRIBUTION CITY OF EDINA 2/5/2003 12:46:40 R55CKREG LOG20000 Council Check Register Page - 20 1/31/2003 - 2/6/2003 Check # Date Amount Vendor / Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 25.00 243375 216/2003 106111 NELSON, NEVIN 28.60 ART WORK SOLD AT EAC 58304 011603 5101.4413 ART WORK SOLD ART CENTER REVENUES 28.60 243376 216/2003 104672 NEXTEL COMMUNICATIONS 70.78 58170 556767025 -005 5913.6188 TELEPHONE DISTRIBUTION 30.45 58253 679000121 -003 1120.6188 TELEPHONE ADMINISTRATION 396.48 58495 909583317 -014 1400.6188 TELEPHONE POLICE DEPT. GENERAL 497.71 243377 2/6/2003 100724 NISSEN, DICK 100.00 POLICE SERVICE 58272 020603 1419.6102 CONTRACTUAL SERVICES RESERVE PROGRAM 100.00 243378 2/6/2003 102199 NORTHERN SAFETY CO. INC. 112.25 DISPOSABLE CAN 58464 1002384500010 1470.6406 GENERAL SUPPLIES FIRE DEPT. GENERAL 112.25 243379 2/612003 100933 NORTHWEST GRAPHIC SUPPLY 40.05 CANVASETTES 58254 28074001 5120.5510 COST OF GOODS SOLD ART SUPPLY GIFT GALLERY SHOP 59.85 CRAYOLA MAGIC WHITE 58255 28089300 5110.6564 CRAFT SUPPLIES ART CENTER ADMINISTRATION 99.90 243380 2/6/2003 100930 NORTHWESTERN TIRE CO. 184.00 SCRAP TIRE DISPOSAL 58171 NW -82042 1280.6271 HAZ. WASTE DISPOSAL SUPERVISION & OVERHEAD 184.00 243381 216/2003 110814 OGLEBAY 1,350.04 CONFERENCE FEES 58256 31B4ZW 5410.6104 CONFERENCES & SCHOOLS GOLF ADMINISTRATION 1,350.04 243382 216/2003 100939 OTIS SPUNKMEYER INC. 176.86 COOKIES 58257 97844031 5421.5510 COST OF GOODS SOLD GRILL 176.86 243383 216/2003 104916 PAINTERS GEAR INC. 594.47 PARTS & LABOR 58172 49805 1335.6532 PAINT PAVEMENT MARKINGS R55CKREG LOG20UU0 Check # Date Amount Vendor/ Explanation 0209423 -IN 5862.5513 594.47 02080394N 243384 2/6/2003 0209160 -CM 101530 PANCAKE, CHAR 5862.5513 COST OF GOODS SOLD WINE 35.75 ART WORK SOLD AT EAC 3273463 5862.5513 35.75 VERNON SELLING 243385 21612003 5862.5512 100347 PAUSTIS & SONS VERNON SELLING 58357 339.00 5862.5515 COST OF GOODS SOLD MIX VERNON SELLING 1,289.00 916625 5842.5512 COST OF GOODS SOLD LIQUOR 1,032.00 58485 916627 5842.5515 18.48- YORK SELLING 58486 916626 2,641.52 COST OF GOODS SOLD WINE 243386 2/6/2003 8884 110832 PC2 SOLUTIONS COST OF GOODS SOLD MIX YORK SELLING 1,260.00 NETWORK SUPPORT SERVICES 5862.5515 COST OF GOODS SOLD MIX 1,260.00 243387 2/612003 110809 PELOWSKI, SERENA 35.00 CLASS REFUND 35.00 243388 2/6@003 100743 PHILLIPS WINE & SPIRITS 449.65 569.95 3.79 - 14.41- 2,076.15 141.90 2,236.31 47.30 4,936.45 10,439.51 243389 2/612003 102156 PINNACLE DISTRIBUTING 78.00 74.65- CITY OF ED. Council Check Register 1/31/2003 - 216/2003 PO # Doc No Inv No Account No Subledger Account Description 58305 011603 5101.4413 58351 0209424 -IN 5822.5513 58352 0209423 -IN 5862.5513 58353 02080394N 5822.5513 58354 0209160 -CM 5822.5513 ART WORK SOLD 215/20 .46:40 Page - 21 Business Unit ART CENTER REVENUES COST OF GOODS SOLD WINE 50TH ST SELLING COST OF GOODS SOLD WINE VERNON SELLING COST OF GOODS SOLD WINE 50TH ST SELLING COST OF GOODS SOLD WINE 50TH ST SELLING 58417 11603008 1554.6103 PROFESSIONAL SERVICES CENT SERV GEN - MIS 58258 012903 5101.4607 CLASS REGISTRATION ART CENTER REVENUES 58214 914797 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING 58215 914798 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING 58216 3273462 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING 58217 3273463 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING 58355 916628 5862.5512 COST OF GOODS SOLD LIQUOR VERNON SELLING 58357 916631 5862.5515 COST OF GOODS SOLD MIX VERNON SELLING 58484 916625 5842.5512 COST OF GOODS SOLD LIQUOR YORK SELLING 58485 916627 5842.5515 COST OF GOODS SOLD MIX YORK SELLING 58486 916626 5842.5513 COST OF GOODS SOLD WINE YORK SELLING 58218 8884 5842.5515 COST OF GOODS SOLD MIX YORK SELLING 58358 9014 5862.5515 COST OF GOODS SOLD MIX VERNON SELLING R55CKREG LOG20000 CITY OF EDINA Council Check Register 1/31/2003 — 2/6/2003 Check # Date Amount Vendor/ Explanation PO # Doc No Inv No Account No Subledger Account Description 2/5/2003 12:46:40 Page - 22 Business Unit ACCTS RECEIVABLE MANUAL UTILITY BALANCE SHEET REPAIR PARTS REPAIR PARTS PUMP & LIFT STATION OPER PUMP & LIFT STATION OPER MAGAZINEINEWSLETTER EXPENSE COMMUNICATIONS POSTAGE SENIOR CITIZENS PROFESSIONAL SERVICES EDINBOROUGH PARK PRINTING SENIOR CITIZENS COST OF GOODS SOLD WINE YORK SELLING 3.35 50TH ST SELLING COST OF GOODS SOLD WINE 50TH ST SELLING COST OF GOODS SOLD WINE 243390 2/612003 110783 PITTS, JOHN 42.15 WATERBILL OVERPAYMENT 58259 012903 5900.1211.1 42.15 243391 21612003 100957 PLANT & FLANGED EQUIPMENT 1,469.70 WATERMAIN PIPE 58173 0033817 -IN 5911.6530 553.43 WATERMAIN PIPE 58174 0033816 -IN 5911.6530 2,023.13 243392 2/6/2003 101110 POLLY NORMAN PHOTOGRAPHY 150.00 ABOUT TOWN PHOTOS 58175 012303 2210.6123 150.00 243393 2/6/2003 100961 POSTMASTER 350.00 NEWSLETTER POSTAGE 58418 013003 1628.6235 350.00 243394 21612003 110834 PRICE, TODD 168.75 SKATING INSTRUCTOR 58419 013003 5620.6103 168.75 243395 2162003 101032 PRINT SHOP, THE 619.83 NEWSLETTER PRINTING 58420 17364 1628.6575 619.83 243396 2/62003 100968 PRIOR WINE COMPANY 1,464.65 58219 665322 5842.5513 184.60 58359 665321 5822.5513 64.95 58360 665275 5822.5513 1,378.72 58361 665319 5862.5513 3,092.92 243397 2162003 102354 PRO GUARD 42.22 TAPE, LACES 58176 227209 5510.5510 2/5/2003 12:46:40 Page - 22 Business Unit ACCTS RECEIVABLE MANUAL UTILITY BALANCE SHEET REPAIR PARTS REPAIR PARTS PUMP & LIFT STATION OPER PUMP & LIFT STATION OPER MAGAZINEINEWSLETTER EXPENSE COMMUNICATIONS POSTAGE SENIOR CITIZENS PROFESSIONAL SERVICES EDINBOROUGH PARK PRINTING SENIOR CITIZENS COST OF GOODS SOLD WINE YORK SELLING COST OF GOODS SOLD WINE 50TH ST SELLING COST OF GOODS SOLD WINE 50TH ST SELLING COST OF GOODS SOLD WINE VERNON SELLING COST OF GOODS SOLD ARENA ADMINISTRATION CITY OF EL 2/5/2( :46:40 R55CKREG LOG,.-,4 Council Check Register Page - 23 1/31/2003 - 2/6/2003 Check # Date Amount Vendor/ Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit -42.22 243398 2/6/2003 106322 PROSOURCE SUPPLY 274.59 ROLLTOWELS, TISSUE 58421 1035 5620.6511 CLEANING SUPPLIES EDINBOROUGH PARK 274.59 243399 2/6/2003 100970 QUALITY REFRIGERATION INC 279.00 FAN GUARDS/LABOR 58260 154916 5511.6180 CONTRACTED REPAIRS ARENA BLDG /GROUNDS 279.00 243400 2/6/2003 100971 QUALITY WINE 4.40- 58220 220595 -00 5840.4408 TRADE DISCOUNTS LIQUOR YORK GENERAL 445.52 58220 220595 -00 5842.5513 COST OF GOODS SOLD WINE YORK SELLING 2,75- 58221 220852 -00 5840.4408 TRADE DISCOUNTS LIQUOR YORK GENERAL 287.80 58221 220852 -00 5842.5513 COST OF GOODS SOLD WINE YORK SELLING 90.40- 58222 220722 -00 5840.4408 TRADE DISCOUNTS LIQUOR YORK GENERAL 4,554.56 58222 220722 -00 5842.5512 COST OF GOODS SOLD LIQUOR YORK SELLING 14.51 - 58362 220334-00 5860.4408 TRADE DISCOUNTS VERNON LIQUOR GENERAL 1,466.89 58362 220334 -00 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING 8.17- 58363 220596 -00 5860.4408 TRADE DISCOUNTS VERNON LIQUOR GENERAL 827.08 58363 220596 -00 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING 59.97- 58364 220723 -00 5860.4408 TRADE DISCOUNTS VERNON LIQUOR GENERAL 3,031.47 58364 220723 -00 5862.5512 COST OF GOODS SOLD LIQUOR VERNON SELLING 3.11 - 58365 220851 -00 5820.4408 TRADE DISCOUNTS 50TH STREET GENERAL 311.09 58365 220851 -00 5822.5513 COST OF GOODS SOLD WINE 50TH ST SELLING 2.40- 58366 220544 -00 5820.4408 TRADE DISCOUNTS 50TH STREET GENERAL 243.36 58366 220544 -00 5822.5513 COST OF GOODS SOLD WINE 50TH ST SELLING 19.03- 58367 220724 -00 5820.4408 TRADE DISCOUNTS 50TH STREET GENERAL 957.24 58367 220724 -00 5822.5512 COST OF GOODS SOLD LIQUOR 50TH ST SELLING - 11,920.27 243401 2/612003 110835 QUAST AMOCO 100.00 TOWING CHARGE 58422 11357 1400.6103 PROFESSIONAL SERVICES POLICE DEPT. GENERAL 100.00 243402 21612003 100972 R&R SPECIALTIES INC 765.06 REPAIR RESURFACER 58177 00018308 5521.6180 CONTRACTED REPAIRS ARENA ICE MAINT CITY OF EDINA 2/5 /2003 12:46:40 R55CKREG LOG20000 Council Check Register Page - 24 1/31/2003 — 2/6/2003 Check # Date Amount Vendor/ Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 254.10 REPAIR RESURFACER 58178 00018307 5521.6180 CONTRACTED REPAIRS ARENA ICE MAINT 274.24 ICE BLADE, BATTERY 58179 00018322 5521.6180 CONTRACTED REPAIRS ARENA ICE MAINT 1,293.40 243403 216/2003 105587 RAHIMI, RENEE 180.00 SKATING INSTRUCTOR 58423 013003 5620.6103 PROFESSIONAL SERVICES EDINBOROUGH PARK 180.00 243404 21612003 100287 RAMSEY COUNTY SHERIFF'S DEPART 200.00 OUT OF COUNTY WARRANT 58424 013103 1000.2055 DUE TO OTHER GOVERNMENTS GENERAL FUND BALANCE SHEET 200.00 243405 2/612003 100974 RAYMOND HAEG PLUMBING 157.00 PLUMBING REPAIRS 58180 011503 1551.6180 CONTRACTED REPAIRS CITY HALL GENERAL 157.00 243406 216/2003 101698 RECREONICS 4,830.60 DIVING BOARDS 58425 279596 5311.6406 GENERAL SUPPLIES POOL OPERATION 4,830.60 243407 216/2003 100977 RICHFIELD PLUMBING COMPANY 1,282.80 REEL INSTALLATION 58465 31349 1470.6180 CONTRACTED REPAIRS FIRE DEPT. GENERAL 1,282.80 243408 2/6/2003 100980 ROBERT B. HILL CO. 8.52 SALT 58466 00130829 1470.6406 GENERAL SUPPLIES FIRE DEPT. GENERAL 51.12 SALT 58467 00130864 1470.6406 GENERAL SUPPLIES FIRE DEPT. GENERAL 59.64 243409 21612003 105534 ROTARY CLUB OF EDINA/MORNINGSI 195.00 ROTARY DUES 58468 226 1120.6105 DUES & SUBSCRIPTIONS ADMINISTRATION 195.00 243410 21612003 100985 RUFFRIDGE JOHNSON EQ CO INC 488.35 REPAIR KITS, SOLENOIDS 58181 C29473 1553.6530 REPAIR PARTS EQUIPMENT OPERATION GEN 488.35 243411 21612003 100987 SA -AG INC 126.54 FILL SAND 58182 27728 5913.6517 SAND GRAVEL & ROCK DISTRIBUTION CITY OF EL 215/20. A6:40 R55CKREG LOGa,.... d Council Check Register Page - 25 1/31/2003 - 2/6/2003 Check # Date Amount Vendor/ Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 149.25 FILL SAND 58183 27688 5913.6517 SAND GRAVEL & ROCK DISTRIBUTION 275.79 243412 216/2003 100988 SAFETY KLEEN 200.00 INSTALL SYSTEMI 58184 P000817354 1280.6271 HAZ. WASTE DISPOSAL SUPERVISION & OVERHEAD 105.44 SYSTEM ONE MODEL 58185 MB00657768 1280.6271 HAM WASTE DISPOSAL SUPERVISION & OVERHEAD 305.44 243413 216/2003 102921 SAMPSON MILLER ADVERTISING INC 228.50 PLAQUE 58261 56661 5410.6406 GENERAL SUPPLIES GOLF ADMINISTRATION 228.50 243414 216/2003 105442 SCHERER BROS. LUMBER CO. 67.95 FOAM INSTALLATION 58186 407384 5913.6406 GENERAL SUPPLIES DISTRIBUTION 84.05 LUMBER 58187 414168 5913.6406 GENERAL SUPPLIES DISTRIBUTION 152.00 243415 216/2003 100563 SEVERSON, JO 13.65 ART WORK SOLD AT EAC 58306 011603 5101.4413 ART WORK SOLD ART CENTER REVENUES 13.65 243416 216/2003 101380 SHAUGHNESY, SANDRA 64.35 ART WORK SOLD AT EAC 58307 011603 5101.4413 ART WORK SOLD ART CENTER REVENUES 64.35 243417 21612003 103149 SMITH, PAM 9.72 ART WORK SOLD AT EAC 58308 011603 5101.4413 ART WORK SOLD ART CENTER REVENUES 9.72 243418 216/2003 101002 SOUTHSIDE DISTRIBUTORS INC 6,723.35 58223 137547 5842.5514 COST OF GOODS SOLD BEER YORK SELLING . 12.95 58368 137541 5822.5515 COST OF GOODS SOLD MIX 50TH ST SELLING 1,395.55 58369 137540 5822.5514 COST OF GOODS SOLD BEER 50TH ST SELLING 8,131.85 243419 216/2003 101004 SPS COMPANIES 93.27 PVC, BALL VALVES 58188 4117122 5911.6530 REPAIR PARTS PUMP & LIFT STATION OPER R55CKREG LOG20000 CITY OF EDINA Council Check Register 1/31/2003 - 216/2003 Check # Date Amount Vendor/ Explanation PO # Doc No Inv No Account No Subledger Account Description 59 81 HOSE CONNECTORS 58320 4117121 5913.6406 GENERAL SUPPLIES Business Unit DISTRIBUTION 1495.6104 CONFERENCES & SCHOOLS INSPECTIONS 2/5/2003 12:46:40 Page - 26 1400.6215 EQUIPMENT MAINTENANCE 153.08 1400.6203 UNIFORM ALLOWANCE POLICE DEPT. GENERAL 243420 21612003 POLICE DEPT. GENERAL 101009 STATE TREASURER GENERAL SUPPLIES POLICE DEPT. GENERAL 35.00 BOILER CODE SEMINAR 58469 013103 35.00 243421 216/2003 101015 STREICHERS 27.50 SQUAD REPAIR 58189 343936.1 36.21 ERT 58190 344326.1 21.25 RADIO HOLDER 58426 346300.1 21.25- CREDIT 58427 346375.1 63.71 243422 21612003 100900 SUN NEWSPAPERS 982.80 WANT AD 58262 570605 982.80 243423 21612003 100925 SUN TURF 29.60 WASHERS 58263 471528 74.07 MOWER PARTS 58264 471369 103.67 243424 2/6/2003 101171 SUPERIOR SHORES CONFERENCE CEN 519.60 WORKSHOP FEES 58470 012703 519.60 243425 216/2003 100794 SWANSON, HAROLD 100.00 POLICE SERVICE 58271. 020603 100.00 243426 216/2003 110793 TAFT, CHARLIE 60.00 PHOTO SHOOT 58191 012703 60.00 243427 21612003 110794 TAFT, JENNY 30.00 PHOTO SHOOT 58192 012703 Business Unit DISTRIBUTION 1495.6104 CONFERENCES & SCHOOLS INSPECTIONS 2/5/2003 12:46:40 Page - 26 1400.6215 EQUIPMENT MAINTENANCE POLICE DEPT. GENERAL 1400.6203 UNIFORM ALLOWANCE POLICE DEPT. GENERAL 1400.6406 GENERAL SUPPLIES POLICE DEPT. GENERAL 1400.6406 GENERAL SUPPLIES POLICE DEPT. GENERAL 1550.6121 ADVERTISING PERSONNEL CENTRAL SERVICES GENERAL 5431.6530 5431.6530 5110.6103 1419.6102 1600.6103 1600.6103 REPAIR PARTS REPAIR PARTS RICHARDS GC MAINTENANCE RICHARDS GC MAINTENANCE PROFESSIONAL SERVICES ART CENTER ADMINISTRATION CONTRACTUAL SERVICES RESERVE PROGRAM PROFESSIONAL SERVICES PARK ADMIN. GENERAL PROFESSIONAL SERVICES PARK ADMIN. GENERAL CITY OF EL. 2/5/20(. 46:40 R55CKREG LOG2�__., Council Check Register Page - 27 1/31/2003 — 2/6/2003 Check # Date Amount Vendor/ Explana0on PO # Doc No Inv No Account No Subledger Account Description Business Unit 30.00 243426 216/2003 100278 TAPE COMPANY, THE 332.82 AUDIO CASSETTES 58193 48946201 -000 1400.6406 GENERAL SUPPLIES POLICE DEPT. GENERAL 332.82 243429 216/2003 102299 TAPPER, ELIZABETH 31.20 ART WORK SOLD AT EAC 58309 011603 5101.4413 ART WORK SOLD ART CENTER REVENUES 31.20 243430 216/2003 101035 THORPE DISTRIBUTING COMPANY 100.20 58370 287006 5862.5514 COST OF GOODS SOLD BEER VERNON SELLING _ 2,518.95 58371 287005 5862.5514 COST OF GOODS SOLD BEER VERNON SELLING 2,619.15 243431 2/612003 105422 THURY, BERNE 17.55 ART WORK SOLD AT EAC 58310 011603 5101.4413 ART WORK SOLD ART CENTER REVENUES 17.55 243432 21612003 102742 TKDA ENGINEERS ARCHITECTS PLAN 214.60 LEAK LOCATION /SURVEY 58321 060321 5913.6103 PROFESSIONAL SERVICES DISTRIBUTION 214.60 243433 21612003 101038 TOLL GAS & WELDING SUPPLY 77.07 WELDING GASES 58194 227643 5913.6580 WELDING SUPPLIES DISTRIBUTION 77.07 243434 2/612003 101047 TWIN CITY GARAGE DOOR CO 198.86 DOOR REPAIRS 58471 159351 1470.6180 CONTRACTED REPAIRS FIRE DEPT. GENERAL 198.86 243435 216/2003 103981 TWIN CITY OFFICE SUPPLY INC. 21.28 PAPER 58265 371175 -1 5110.6513 OFFICE SUPPLIES ART CENTER ADMINISTRATION 21.28 243436 21612003 100363 U.S. BANK 3.50 58472 013103 1470.6406 GENERAL SUPPLIES FIRE DEPT. GENERAL CITY OF EDINA 2/5 /2003 12:46:40 R55CKREG LOG20000 Council Check Register Page - 28 1/31/2003 - 2/6/2003 Check # Date Amount Vendor/ Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 250.00 58472 013103 1470.6579 TRAINING AIDS FIRE DEPT. GENERAL 253.50 243437 2/612003 102104 UNDIS, PAT 1.600.00 INSTRUCTOR AC 58473 012703 5110.6103 PROFESSIONAL SERVICES ART CENTER ADMINISTRATION 1,600.00 243438 2/6/2003 101073 UNITED RENTALS 95.08 BATTERIES 58195 592638 1335.6406 GENERAL SUPPLIES PAVEMENT MARKINGS 95.08 243439 216/2003 108526 VALPAK OF MINNEAPOLIS /ST. PAUL 616.66 COUPON ADVERTISING 58428 12973 5862.6122 ADVERTISING OTHER VERNON SELLING 616.67 COUPON ADVERTISING 58428 12973 5822.6122 ADVERTISING OTHER 50TH ST SELLING 616.67 COUPON ADVERTISING 58428 12973 5842.6122 ADVERTISING OTHER YORK SELLING 1,850.00 243440 216/2003 101058 VAN PAPER CO. 468.07 TISSUE, TOWELS, CUPS 58196 460784 1551.6512 PAPER SUPPLIES CITY HALL GENERAL 610.78 BAGS 58429 460681 5862.6512 PAPER SUPPLIES VERNON SELLING 437.18 BAGS 58430 461023 5842.6512 PAPER SUPPLIES YORK SELLING 319.50 BAGS 58431 458685 5822.6512 PAPER SUPPLIES 50TH ST SELLING 1,835.53 243441 2/612003 101069 VOSS LIGHTING 223.33 FLUORESCENT BULBS 58197 2142856 -00 1552.6530 REPAIR PARTS CENT SVC PW BUILDING 223.33 243442 2/6/2003 105320 WADE, SHELLEY 18.20 ART WORK SOLD AT EAC 58311 011603 5101.4413 ART WORK SOLD ART CENTER REVENUES 18.20 243443 2/612003 101080 WALSH, WILLIAM 100.00 POLICE SERVICE 58270 020603 1419.6102 CONTRACTUAL SERVICES RESERVE PROGRAM 100.00 243444 2/612003 102457 WALTON, DANIEL 13.65 ART WORK SOLD AT EAC 58312 011603 5101.4413 ART WORK SOLD ART CENTER REVENUES R55CKREG LOGk.__j Check # Date 243445 216/2003 243446 21612003 243447 216/2003 243448 21612003 243449 2/6/2003 58313 011603 5101.4413 ART WORK SOLD 2/5120k 46:40 Page - 29 Business Unit 50TH ST OCCUPANCY MAINT OF COURSE & GROUNDS GOLF DOME PROGRAM ART CENTER BLDG/MAINT YORK FIRE STATION YORK OCCUPANCY VERNON OCCUPANCY FIRE DEPT. GENERAL SENIOR CITIZENS CITY HALL GENERAL CLUB HOUSE ARENA BLDG /GROUNDS EDINBOROUGH PARK CENT SVC PW BUILDING GENERAL MAINTENANCE ART CENTER REVENUES 58474 024212 1470.6406 GENERAL SUPPLIES FIRE DEPT. GENERAL 58224 103862 WERDIEN, COLLEEN CITY OF EL ART WORK SOLD AT EAC 31.20 58225 Council Check Register 103196 WHEELER HARDWARE CO 258.28 LITE KITS, GLASS WIRE 1/31/2003 - 2/6/2003 5862.5513 Amount Vendor / Explanation PO # Doc No Inv No Account No Subledger Account Description 13.65 50TH ST SELLING 236.05 094209 660.75 COST OF GOODS SOLD WINE 103466 WASTE MANAGEMENT - SAVAGE MN 58375 1,465.89 5842.5513 25.00 58432 1998358 5821.6182 RUBBISH REMOVAL 31,72 58432 1998358 5422.6182 RUBBISH REMOVAL 53.99 58432 1998358 5210.6182 RUBBISH REMOVAL 53.99 58432 1998358 5111.6182 RUBBISH REMOVAL 55.61 58432 1998358 1481.6182 RUBBISH REMOVAL 78,99 58432 1998358 5841.6182 RUBBISH REMOVAL 79.57 58432 1998358 5861.6182 RUBBISH REMOVAL 82.99 58432 1998358 1470.6182 RUBBISH REMOVAL 125.97 58432 1998358 1628.6182 RUBBISH REMOVAL 170.71 58432 1998358 1551.6182 RUBBISH REMOVAL 202.03 58432 1998358 5420.6182 RUBBISH REMOVAL 288.00 58432 1998358 5511.6182 RUBBISH REMOVAL 342.59 58432 1998358 5620.6182 RUBBISH REMOVAL 415.04 58432 1998358 1552.6182 RUBBISH REMOVAL 415.05 58432 1998358 1301.6182 RUBBISH REMOVAL 58313 011603 5101.4413 ART WORK SOLD 2/5120k 46:40 Page - 29 Business Unit 50TH ST OCCUPANCY MAINT OF COURSE & GROUNDS GOLF DOME PROGRAM ART CENTER BLDG/MAINT YORK FIRE STATION YORK OCCUPANCY VERNON OCCUPANCY FIRE DEPT. GENERAL SENIOR CITIZENS CITY HALL GENERAL CLUB HOUSE ARENA BLDG /GROUNDS EDINBOROUGH PARK CENT SVC PW BUILDING GENERAL MAINTENANCE ART CENTER REVENUES 58474 024212 1470.6406 GENERAL SUPPLIES FIRE DEPT. GENERAL 58224 103862 WERDIEN, COLLEEN 31.20 ART WORK SOLD AT EAC 31.20 58225 093637 103196 WHEELER HARDWARE CO 258.28 LITE KITS, GLASS WIRE 258.28 094210 5862.5513 101033 WINE COMPANY, THE 19.99 - 58373 16.67- 5822.5513 568.75 50TH ST SELLING 236.05 094209 660.75 COST OF GOODS SOLD WINE 37.00 58375 1,465.89 5842.5513 COST OF GOODS SOLD WINE 101312 WINE MERCHANTS 259.90 58313 011603 5101.4413 ART WORK SOLD 2/5120k 46:40 Page - 29 Business Unit 50TH ST OCCUPANCY MAINT OF COURSE & GROUNDS GOLF DOME PROGRAM ART CENTER BLDG/MAINT YORK FIRE STATION YORK OCCUPANCY VERNON OCCUPANCY FIRE DEPT. GENERAL SENIOR CITIZENS CITY HALL GENERAL CLUB HOUSE ARENA BLDG /GROUNDS EDINBOROUGH PARK CENT SVC PW BUILDING GENERAL MAINTENANCE ART CENTER REVENUES 58474 024212 1470.6406 GENERAL SUPPLIES FIRE DEPT. GENERAL 58224 093337 5842.5513 COST OF GOODS SOLD WINE YORK SELLING 58225 093637 5842.5513 COST OF GOODS SOLD WINE YORK SELLING 58372 094210 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING 58373 094280 5822.5513 COST OF GOODS SOLD WINE 50TH ST SELLING 58374 094209 5842.5513 COST OF GOODS SOLD WINE YORK SELLING 58375 093249 5842.5513 COST OF GOODS SOLD WINE YORK SELLING 58226 68156 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING R55CKREG LOG20000 Check # Date Amount Vendor / Explanation 1,322.80 1,582.70 243450 2/6/2003 100591 WITTSTRUCK, MARTHA 19.50 ART WORK SOLD AT EAC 19.50 243451 21612003 101086 WORLD CLASS WINES INC 852.00 852.00 243452 21612003 101087 WROBLESKI, HENRY 100.00 POLICE SERVICE 100.00 243453 2/6/2003 101089 ZEE MEDICAL SERVICE 102.02 FIRST AID SUPPLIES 102.02 747,054.35 Grand Total CITY OF EDINA 215 /2003 12:46:40 Council Check Register Page - 30 1/31/2003 — 2/6/2003 PO # Doc No Inv No Account No Subledger Account Description Business Unit 58487 68458 5842.5513 COST OF GOODS SOLD WINE YORK SELLING 58314 011603 58376 130759 58274 020603 58266 54060741 5101.4413 5822.5513 1419.6102 ART WORK SOLD ART CENTER REVENUES COST OF GOODS SOLD WINE 50TH ST SELLING CONTRACTUAL SERVICES 5510.6610 SAFETY EQUIPMENT Payment Instrument Totals Check Total 747,054.35 Total Payments 747,054.35 RESERVE PROGRAM ARENA ADMINISTRATION CITY OF E, 215/2( :50:52 R55CKSUM LOG2�_ Council Check Summary Page • 1 1/3112003 - 216/2003 Company Amount 01000 GENERAL FUND 58,660.81 02200 COMMUNICATIONS FUND 600.00 04000 WORKING CAPITAL FUND 48,750.91 05100 ART CENTER FUND 10,096.22 05200 GOLF DOME FUND 70.56 05300 AQUATIC CENTER FUND 5,205.60 05400 GOLF COURSE FUND 9,173.54 05500 ICE ARENA FUND 3,903.90 05600 EDINBOROUGH/CENT LAKES FUND 9,317.70 05800 LIQUOR FUND 104,749.67 05900 UTILITY FUND 7,381.87 05930 STORM SEWER FUND 9,143.57 09900 PAYROLL FUND 480,000.00 Report Totals 747,054.35 We confirm to the best of ow knowledte and belief, that these claims comply in all material rlespects with the requirements of the City of Edina purchasing licies and procedur�at� w ,00_3 Fina 2/13/2003 8:23:19 Page - 1 Business Unit MEDIA STUDIO STREET NAME SIGNS STREET NAME SIGNS BUILDINGS STREET LIGHTING ORNAMENTAL YORK SELLING 50TH ST SELLING CENTRAL SERVICES GENERAL CENTRAL SERVICES GENERAL 100.00 PERFORMANCE 2/25/03 58626 020703 5610.6136 PROFESSIONAL SVC - OTHER ED ADMINISTRATION 100.00 CITY OF EDINA R55CKREG LOG20000 243461 211312003 101977 ARCH WIRELESS 8.16 PAGER 58742 M6096083B 1551.6406 GENERAL SUPPLIES CITY HALL GENERAL 8.16 Council Check Register 243462 211312003 105838 BAUDVILLE 158.20 FOLDERS 2/10/2003 — 2/13/2003 CENTRAL SERVICES GENERAL Check # Date Amount Vendor/ Explanation PO # Doc No Inv No Account No Subledger Account Description 243454 211012003 102510 SUNDIN, ROSALIE 252.00 MEDIA INSTRUCTOR 58811 020703 5125.6103 PROFESSIONAL SERVICES 252.00 243455 211312003 100608 3M CO HGF0878 355.26 SIGN LETTERING 58625 TP77253 1325.6531 SIGNS & POSTS 59.43 LETTERING 58738 TP77254 1325.6531 SIGNS & POSTS 414.69 243456 2/13/2003 100614 ACE SUPPLY CO. INC. 186.40 FAN TIMER 58741 474893 5912.6530 REPAIR PARTS 186.40 243457 211312003 100621 ALBINSON REPROGRAPHICS 12.10 BONDING, LAMINATING 58579 C221711 1322.6406 GENERAL SUPPLIES 12.10 243458 2/13/2003 102609 ALL SAINTS BRANDS 1,638.80 58667 00009606 5842.5514 COST OF GOODS SOLD BEER 270.00 58827 00009632 5822.5514 COST OF GOODS SOLD BEER 1,908.80 243459 211312003 102470 AON RISK SERVICES INC. OF MN 7,814.00 PREMIUM 58739 6100000043495 1550.6200 INSURANCE 7,814.00 PREMIUM 58740 6100000044115 1550.6200 INSURANCE 15,628.00 243460 2113/2003 104235 APPLIED MEDIA 2/13/2003 8:23:19 Page - 1 Business Unit MEDIA STUDIO STREET NAME SIGNS STREET NAME SIGNS BUILDINGS STREET LIGHTING ORNAMENTAL YORK SELLING 50TH ST SELLING CENTRAL SERVICES GENERAL CENTRAL SERVICES GENERAL 100.00 PERFORMANCE 2/25/03 58626 020703 5610.6136 PROFESSIONAL SVC - OTHER ED ADMINISTRATION 100.00 243461 211312003 101977 ARCH WIRELESS 8.16 PAGER 58742 M6096083B 1551.6406 GENERAL SUPPLIES CITY HALL GENERAL 8.16 243462 211312003 105838 BAUDVILLE 158.20 FOLDERS 58496 1009359 1550.6406 GENERAL SUPPLIES CENTRAL SERVICES GENERAL R55CKREG LOG20000 CITY OF EDINA Council Check Register 2/10/2003 - 2113/2003 Check # Date Amount Vendor/ Explanation PO # Doc No Inv No Account No Subledger Account Description 2/13/2003 8:23:19 Page - 2 Business Unit PROFESSIONAL SVC - OTHER ED ADMINISTRATION COST OF GOODS SOLD MIX VERNON SELLING COST OF GOODS SOLD WINE 50TH ST SELLING GENERAL SUPPLIES GENERAL SUPPLIES GENERAL SUPPLIES GENERAL SUPPLIES GENERAL SUPPLIES GENERAL SUPPLIES GENERAL SUPPLIES GENERAL SUPPLIES GENERAL SUPPLIES GENERAL SUPPLIES GENERAL SUPPLIES ADMINISTRATION FINANCE PARK ADMIN. GENERAL INSPECTIONS CENTRAL SERVICES GENERAL GENERAL (BILLING) ENGINEERING GENERAL CENTRAL SERVICES GENERAL GENERAL MAINTENANCE GENERAL MAINTENANCE GENERAL MAINTENANCE REPAIR PARTS EQUIPMENT OPERATION GEN RECYCLING CHARGES RECYCLING CONTRACTED REPAIRS MEDIA STUDIO PROFESSIONAL SVC - OTHER ED ADMINISTRATION 158.20 243463 211312003 101245 BELL, BRUCE 125.00 PERFORMANCE 2/20/03 58627 020703 5610.6136 125.00 243464 211312003 101355 BELLBOY CORPORATION 104.91 58668 36672100 5862.5515 1,225.00 58669 25634000 5822.5513 1,329.91 243465 2113/2003 100648 BERTELSON OFFICE PRODUCTS 9.57 OFFICE SUPPLIES 58580 1605900 1120.6406 3.40 OFFICE SUPPLIES 58581 1605170 1160.6406 40.11 OFFICE SUPPLIES 58581 1605170 1600.6406 60.96 OFFICE SUPPLIES 58581 1605170 1495.6406 105.51 OFFICE SUPPLIES 58581 1605170 1550.6406 34.59 OFFICE SUPPLIES 58582 1595330 5910.6406 40.24 OFFICE SUPPLIES 58582 1595330 1260.6406 218.28 OFFICE SUPPLIES 58582 1595330 1550.6406 70.91 INK CARTRIDGES, GLUE 58743 1602830 1301.6406 7.47 CLIPBOARD FOLDER 58744 1617220 1301.6406 43.92 MARKERS, BADGE PINS 58745 1616650 1301.6406 634.96 243466 2113/2003 100659 BOYER TRUCK PARTS 32.84 FUEL CONDITIONER 58583 474298 1553.6530 32.84 243467 2113/2003 100058 BROWNING FERRIS INDUSTRIES OF 31,218.70 RECYCLING 58746 1- 0500 - 7000078 5952.6183 31,218.70 243468 2113/2003 102398 BUDGET PROJECTOR REPAIR 62.00 REPAIRS 58628 1978 5125.6180 62.00 243469 2/13/2003 103244 BURTIS, ROBERT 150.00 PERFORMANCE 2/18/03 58629 020703 5610.6136 2/13/2003 8:23:19 Page - 2 Business Unit PROFESSIONAL SVC - OTHER ED ADMINISTRATION COST OF GOODS SOLD MIX VERNON SELLING COST OF GOODS SOLD WINE 50TH ST SELLING GENERAL SUPPLIES GENERAL SUPPLIES GENERAL SUPPLIES GENERAL SUPPLIES GENERAL SUPPLIES GENERAL SUPPLIES GENERAL SUPPLIES GENERAL SUPPLIES GENERAL SUPPLIES GENERAL SUPPLIES GENERAL SUPPLIES ADMINISTRATION FINANCE PARK ADMIN. GENERAL INSPECTIONS CENTRAL SERVICES GENERAL GENERAL (BILLING) ENGINEERING GENERAL CENTRAL SERVICES GENERAL GENERAL MAINTENANCE GENERAL MAINTENANCE GENERAL MAINTENANCE REPAIR PARTS EQUIPMENT OPERATION GEN RECYCLING CHARGES RECYCLING CONTRACTED REPAIRS MEDIA STUDIO PROFESSIONAL SVC - OTHER ED ADMINISTRATION R55CKREG LOG20000 Check # Date 243470 21132003 243471 21132003 243472 2/132003 243473 21132003 243474 21132003 CITY OF EDINA Council Check Register 2/10/2003 - 2/132003 Amount Vendor/ Explanation PO # Doc No Inv No Account No Subledger Account Description 150.00 100678 CARLSON PRINTING 59.64 BUSINESS CARDS 58497 00080906 1550.6406 59.64 100681 CATCO 11.68 FITTINGS 58584 1 -02425 1553.6530 11.20 FITTINGS 58585 10 -68978 1553.6530 22.88 100897 CENTERPOINT ENERGY MINNEGASCO 27.32 58498 013003 5821.6186 78.71 58498 013003 5430.6186 193.93 58498 013003 5841.6186 375.14 58498 013003 5861.6186 427.79 58498 013003 5422.6186 564.25 58498 013003 1481.6186 1,035.68 58498 013003 5111.6186 1,110.05 58498 013003 5911.6186 1,173.46 58498 013003 1552.6186 1,180.54 58498 013003 5630.6186 1,347.63 58498 013003 5420.6186 1,519.29 58498 013003 1551.6186 1,789.91 58498 013003 1628.6186 1,842.35 58498 013003 1470.6186 4,033.35 58498 013003 5913.6186 4,909.58 58498 013003 1646.6186 5,332.38 58498 013003 5210.6186 9,648.68 58498 013003 5511.6186 36,590.04 101157 CHECKPOINT SYSTEMS 410.97 ANTI THEFT TAGS 58499 1114014 5842.6406 410.97 105693 CITYSPRINT 10.61 COURIER 58586 10543 -1916 1180.6103 GENERAL SUPPLIES REPAIR PARTS REPAIR PARTS HEAT HEAT HEAT HEAT HEAT HEAT HEAT HEAT HEAT HEAT HEAT HEAT HEAT HEAT HEAT HEAT HEAT HEAT GENERAL SUPPLIES PROFESSIONAL SERVICES 2/1312003 8:23:19 Page - 3 Business Unit CENTRAL SERVICES GENERAL EQUIPMENT OPERATION GEN EQUIPMENT OPERATION GEN 50TH ST OCCUPANCY RICHARDS GOLF COURSE YORK OCCUPANCY VERNON OCCUPANCY MAINT OF COURSE & GROUNDS YORK FIRE STATION ART CENTER BLDG/MAINT PUMP & LIFT STATION OPER CENT SVC PW BUILDING CENTENNIAL LAKES CLUB HOUSE CITY HALL GENERAL SENIOR CITIZENS FIRE DEPT. GENERAL DISTRIBUTION BUILDING MAINTENANCE GOLF DOME PROGRAM ARENA BLDG /GROUNDS YORK SELLING ELECTION R55CKREG LOG20000 CITY OF EDINA Council Check Register 2/1012003 - 2/13/2003 Check # Date Amount Vendor / Explanation PO # Doc No Inv No Account No Subledger Account Description 16.22 COURIER 58586 10543 -1916 1260.6406 GENERAL SUPPLIES 1553.6180 26.83 1553.6530 REPAIR PARTS 1553.6530 243475 2/13/2003 1553.6530 100689 CLAREYS SAFETY EQUIP. 1553.6530 REPAIR PARTS 1553.6530 159.75 RECONDITION CYLINDER 58572 44782 REPAIR PARTS 40.95 PROXIMITY SWITCH 58573 35851 134.37 BULBS 58574 35819 81.58 RECONDITION GAUGE 58575 44783 68.88 DOOR LATCH, STRIKER 58587 35792 101.06 DOOR STRIKER 58588 36003 148.02 DOOR LATCH 58630 33516 442.50 CODE 3 SPEAKER 58748 36109 1,177.11 243476 2/13/2003 100691 CMI REFRIGERATION 126.41 ICE MACHINE FILTERS 58631 R69440 126.41 243477 2113/2003 101227 COFFEE MILL INC. 232.00 COCOA 58747 71269 -IN 232.00 243478 2/13/2003 110885 COMPEER ENTERPRISES 11.49 WATERBILL OVERPAYMENT 58632 020403 11.49 243479 211312003 101323 CONNEY SAFETY PRODUCTS 349.32 GLOVES, EARMUFFS 58589 01983454 8.71 ASPIRIN 58590 01981784 358.03 243480 211312003 101590 CORNERSTONE 3,775.00 4TH QTR 2002 58576 013003 3,775.00 243481 2113/2003 101495 CREATIVE IMAGES ON RIBBON INC. 268.60 RIBBON PRINTING 58633 6364 1553.6180 CONTRACTED REPAIRS 1553.6530 REPAIR PARTS 1553.6530 REPAIR PARTS 1553.6530 REPAIR PARTS 1553.6530 REPAIR PARTS 1553.6530 REPAIR PARTS 1553.6180 CONTRACTED REPAIRS 1553.6530 REPAIR PARTS 5511.6406 GENERAL SUPPLIES 5630.5510 5900.1211.1 1553.6610 1301.6610 1504.6103 5510.6575 COST OF GOODS SOLD 2/13/2003 8:23:19 Page - 4 Business Unit ENGINEERING GENERAL EQUIPMENT OPERATION GEN EQUIPMENT OPERATION GEN EQUIPMENT OPERATION GEN EQUIPMENT OPERATION GEN EQUIPMENT OPERATION GEN EQUIPMENT OPERATION GEN EQUIPMENT OPERATION GEN EQUIPMENT OPERATION GEN ARENA BLDG /GROUNDS CENTENNIAL LAKES ACCTS RECEIVABLE MANUAL UTILITY BALANCE SHEET SAFETY EQUIPMENT SAFETY EQUIPMENT PROFESSIONAL SERVICES PRINTING EQUIPMENT OPERATION GEN GENERAL MAINTENANCE HUMAN RELATION COMMISSION ARENA ADMINISTRATION 2/13/2003 8:23:19 Page - 5 Business Unit GRANDVIEW REVOLVING ART CENTER BLDG/MAINT YORK SELLING VERNON SELLING 50TH ST SELLING CLUB HOUSE BUILDING MAINTENANCE SENIOR CITIZENS COMMUNICATIONS BUILDING MAINTENANCE BUILDING MAINTENANCE POOL OPERATION GOLF DOME PROGRAM 50TH ST OCCUPANCY YORK FIRE STATION CENTRAL SERVICES GENERAL BUILDING MAINTENANCE VERNON OCCUPANCY ART CENTER BLDG/MAINT YORK OCCUPANCY SKATING & HOCKEY ED ADMINISTRATION 2,071.80 CAPTAIN'S OFFICE 58842 5189A 4504.6710 EQUIPMENT REPLACEMENT FIRE DEPT CITY OF EDINA R55CKREG LOG20000 Council Check Register 2110/2003 -2/13/2003 Check # Date Amount Vendor / Explanation PO # Doc No Inv No Account No Subledger Account Description 268.60 243482 2!13/2003 103799 CURBSIDE LAWN CARE & IRRIGATIO 1,800.00 LANDSCAPE SERVICE 58591 13098 4091.6406 GENERAL SUPPLIES 1,800.00 243483 2/13/2003 104020 DALCO 91.00 BLADES 58634 1398488 5111.6530 REPAIR PARTS 91.00 243484 2/13/2003 102478 DAY DISTRIBUTING 1,184.25 58670 207364 5842.5514 COST OF GOODS SOLD BEER 946.65 58828 207365 5862.5514 COST OF GOODS SOLD BEER 473.74 58829 207366 5822,5514 COST OF GOODS SOLD BEER 2,604.64 243485 211312003 102712 DEPARTMENT OF ADMINISTRATION 78.51 58500 W02120653 5420.6188 TELEPHONE 15.14 GREENHOUSE 58501 W02120646 1646.6188 TELEPHONE 15.20 58501 W02120646 1628.6188 TELEPHONE 32.95 58501 W02120646 2210.6188 TELEPHONE 45.60 ARNESON 58501 W02120646 1646.6188 TELEPHONE 46.18 HISTORICAL 58501 W02120646 1646.6188 TELEPHONE 46.88 58501 W02120646 5311.6188 TELEPHONE 51.29 58501 W02120646 5210.6188 TELEPHONE 60.62 58501 W02120646 5821.6188 TELEPHONE 76.06 58501 W02120646 1481.6188 TELEPHONE 76.06 58501 W02120646 1550.6188 TELEPHONE 76.42 CARD ACCESS -PARKS 58501 W02120646 1646.6188 TELEPHONE 76.48 58501 W02120646 5861.6188 TELEPHONE 95,18 58501 W02120646 5111.6188 TELEPHONE 121,47 58501 W02120646 5841.6188 TELEPHONE 168.02 58501 W02120646 1622.6188 TELEPHONE 249.81 58501 W02120646 5610.6188 TELEPHONE 1,331.87 243486 2/13/2003 100232 DESO 2/13/2003 8:23:19 Page - 5 Business Unit GRANDVIEW REVOLVING ART CENTER BLDG/MAINT YORK SELLING VERNON SELLING 50TH ST SELLING CLUB HOUSE BUILDING MAINTENANCE SENIOR CITIZENS COMMUNICATIONS BUILDING MAINTENANCE BUILDING MAINTENANCE POOL OPERATION GOLF DOME PROGRAM 50TH ST OCCUPANCY YORK FIRE STATION CENTRAL SERVICES GENERAL BUILDING MAINTENANCE VERNON OCCUPANCY ART CENTER BLDG/MAINT YORK OCCUPANCY SKATING & HOCKEY ED ADMINISTRATION 2,071.80 CAPTAIN'S OFFICE 58842 5189A 4504.6710 EQUIPMENT REPLACEMENT FIRE DEPT R55CKREG LOG20000 4,704.68 CITY OF EDINA 58577 1024930 1195.6131 PROFESSIONAL SERV - LEGAL LEGAL SERVICES Council Check Register 4,704.68 2/10/2003 —2/13/2003 Check # Date Amount Vendor / Explanation PO # Doc No Inv No Account No Subledger Account Description 2,071.80 243487 211312003 58502 101894 DIAMOND ART & CRAFT DISTRIBUTO 5422.6530 REPAIR PARTS MAINT OF COURSE & GROUNDS 283.54 POTTERY TOOL KITS 58635 206588 5120.5510 COST OF GOODS SOLD 283.54 243491 2/13/2003 243488 2113/2003 101766 DISPLAY SALES 71.89 FLAG, HARDWARE 58592 INV0011610 1551.6406 GENERAL SUPPLIES 03 -004 1400.6104 71.89 POLICE DEPT. GENERAL 243489 2113/2003 100730 DORSEY & WHITNEY LLP 2113/2003 8:23:19 Page - 6 Business Unit ART SUPPLY GIFT GALLERY SHOP CITY HALL GENERAL 4,704.68 LEGAL 58577 1024930 1195.6131 PROFESSIONAL SERV - LEGAL LEGAL SERVICES 4,704.68 243490 211312003 100736 E -Z -GO TEXTRON 9.00 CART PART 58502 1196465 5422.6530 REPAIR PARTS MAINT OF COURSE & GROUNDS 9.00 243491 2/13/2003 104734 EAGLE TRAINING LLC 850.00 CRISIS NEGOTIATION TRAINING 58749 03 -004 1400.6104 CONFERENCES & SCHOOLS POLICE DEPT. GENERAL 850.00 243492 2113/2003 100739 EAGLE WINE 907.80 58671 668417 5822.5513 COST OF GOODS SOLD WINE 50TH ST SELLING 923.25 58672 667190 5822.5513 COST OF GOODS SOLD WINE 50TH ST SELLING 713.00 58673 668413 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING 3,319.69 58674 668420 5842.5513 COST OF GOODS SOLD WINE YORK SELLING 5,863.74 243493 2/13/2003 100741 EAST SIDE BEVERAGE 65.00 58675 042304 5842.5514 COST OF GOODS SOLD BEER YORK SELLING 1,217.20 58676 356945 5822.5514 COST OF GOODS SOLD BEER 50TH ST SELLING 2,244.30 58830 356947 5862.5514 COST OF GOODS SOLD BEER VERNON SELLING 3,908.90 58831 357509 5842.5514 COST OF GOODS SOLD BEER YORK SELLING 7,435.40 243494 2113/2003 106340 EDINA CAR WASH 332.28 SQUAD CAR WASHES 58750 1125 1553.6238 CAR WASH EQUIPMENT OPERATION GEN R55CKREG LOG20000 CITY OF EDINA 2113/2003 8:23:19 Council Check Register Page - 7 2/10/2003 — 2/13/2003 B i Unft Check # Date Amount Vendor / Explanation PO # Doc No Inv No Account No Subledger Account Description us ness 332.28 243495 211312003 101667 EDINA HIGH SCHOOL 609.00 GATE RECEIPTS 58636 020503 5511.6136 PROFESSIONAL SVC - OTHER ARENA BLDG /GROUNDS 609.00 243496 211312003 100593 EFFECTIVE MARKETING COMMUNICAT 300.00 ABOUT TOWN COLUMN 58751 255 2210.6123 MAGAZINE/NEWSLETTER EXPENSE COMMUNICATIONS 300.00 243497 2113/2003 105339 ENRGI 131.25 WEBSITE GRAPHICS 58503 840 2210.6124 WEB DEVELOPMENT COMMUNICATIONS 520.00 E- COMMERCE 58504 843 2210.6124 WEB DEVELOPMENT COMMUNICATIONS 387.50 E- COMMERCE 58505 844 2210.6124 WEB DEVELOPMENT COMMUNICATIONS 1,038.75 243498 2113/2003 102122 EXEMPLAR INTERNATIONAL INC. 38.00 DRUG TESTING 58752 710113 1550.6121 ADVERTISING PERSONNEL CENTRAL SERVICES GENERAL 38.00 243499 2113/2003 100018 EXPERT T BILLING 4,209.00 JAN BILLS 58812 020403 1470.6103 PROFESSIONAL SERVICES FIRE DEPT. GENERAL 4,209.00 243500 211312003 101557 FMAM 300.00 TRAINING FEES 58754 020703 1470.6104 CONFERENCES & SCHOOLS FIRE DEPT. GENERAL 300.00 243501 211312003 102727 FORCE AMERICA 53.10 PIPE, HOSE END 58593 1042885 1553.6530 REPAIR PARTS EQUIPMENT OPERATION GEN 53.10 243502 211312003 105599 FORTIS BENEFITS INSURANCE CO. 7,381.50 DENTAL PREMIUM 58753 012103 1550.6040 HOSPITALIZATION CENTRAL SERVICES GENERAL 7,381.50 243503 2113/2003 100920 GENUINE PARTS COMPANY - MINNEA 1,340.64 PARTS 58637 013103 1553.6530 REPAIR PARTS EQUIPMENT OPERATION GEN R55CKREG LOG20000 Check # Date Amount Vendor/ Explanation 495 - 868912 -9 1553.6406 1,340.64 495- 645866 -7 243504 211312003 970 - 109036 -8 104119 GILBERTSON, BRIAN 5862.5515 COST OF GOODS SOLD MIX 150.00 PERFORMANCE 2/27/03 666645 5862.5512 150.00 VERNON SELLING 243505 2/13/2003 5822.5512 103316 GOETSCH, SAM L. 50TH ST SELLING 58684 480.00 INTERPRETER COST OF GOODS SOLD LIQUOR YORK SELLING 480.00 668423 243506 2/13/2003 YORK SELLING 101103 GRAINGER 670114 5862.5515 128.44 BATTERIES 97.21 BATTERIES 160.52 VIBRATION ISOLATORS 102.31 MOTOR 488.48 243507 2/13/2003 102670 GRAND PERE WINES INC 171.00 171.00 243508 2/13/2003 102217 GRAPE BEGINNINGS INC 914.00 526.00 467.00 1,907.00 243509 2/13/2003 100782 GRIGGS COOPER & CO. 474.59 1,446.58 225.05 2,528.69 232.39 9,038.71 26.99 85.80 CITY OF EDINA 2/13 /2003 8:23:19 Council Check Register Page - 8 2/10/2003 - 2/13/2003 PO # Doc No Inv No Account No Subledger Account Description Business Unit 58638 020703 5610.6136 PROFESSIONAL SVC - OTHER ED ADMINISTRATION 58813 020603 1629.6103 58594 495 - 234723 -7 1301.6406 58595 495 - 868912 -9 1553.6406 58755 495- 645866 -7 1325.6406 58756 970 - 109036 -8 5912.6530 PROFESSIONAL SERVICES GENERAL SUPPLIES GENERAL SUPPLIES GENERAL SUPPLIES REPAIR PARTS ADAPTIVE RECREATION GENERAL MAINTENANCE EQUIPMENT OPERATION GEN STREET NAME SIGNS BUILDINGS 58677 00010035 5822.5513 COST OF GOODS SOLD WINE 50TH ST SELLING 58519 52679 5842.5513 COST OF GOODS SOLD WINE YORK SELLING 58520 52678 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING 58678 52827 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING 58679 668357 5842.5512 COST OF GOODS SOLD LIQUOR YORK SELLING 58680 668416 5862.5512 COST OF GOODS SOLD LIQUOR VERNON SELLING 58681 668415 5862.5515 COST OF GOODS SOLD MIX VERNON SELLING 58682 666645 5862.5512 COST OF GOODS SOLD LIQUOR VERNON SELLING 58683 668419 5822.5512 COST OF GOODS SOLD LIQUOR 50TH ST SELLING 58684 668422 5842.5512 COST OF GOODS SOLD LIQUOR YORK SELLING 58685 668423 5842.5515 COST OF GOODS SOLD MIX YORK SELLING 58832 670114 5862.5515 COST OF GOODS SOLD MIX VERNON SELLING R55CKREG LOG20000 CITY OF EDINA 2/13 12003 8:23:19 Council Check Register Page - 9 2/10/2003 - 2/13/2003 Check # Date Amount Vendor/ Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 14,058.80 243510 211312003 106431 HALL, MARY 150.00 PERFORMANCE 2/18/03 58639 020703 5610.6136 PROFESSIONAL SVC - OTHER ED ADMINISTRATION 150.00 243511 211312003 102460 HENNEPIN COUNTY TREASURER 4,495.59 TIF ADMIN FEE 58843 020303 1000.1303 DUE FROM HRA GENERAL FUND BALANCE SHEET 9,968.24 TIF ADMIN FEE 58843 020303 1503.6915 SPECIAL ASSESSMENTS SPECIAL ASSESSMENTS 14,463.83 243512 211312003 100805 HIRSHFIELDS 124.20 PAINT /SUNDRIES 58640 003790184 1552.6406 GENERAL SUPPLIES CENT SVC PW BUILDING 124.20 243513 21132003 100808 HORWATH, THOMAS 135.67 MILEAGE REIMBURSEMENT 58814 021003 1644.6107 MILEAGE OR ALLOWANCE TREES & MAINTENANCE 135.67 243514 2/132003 101767 INTERLACHEN TRAVEL 546.00 NATL LEAGUE OF CITIES 58506 145091 1100.6106 MEETING EXPENSE CITY COUNCIL 546.00 NATL LEAGUE OF CITIES 58507 145090 1120.6106 MEETING EXPENSE ADMINISTRATION 1,092.00 243515 21132003 101861 J.H. LARSON COMPANY 161.40 ELECTRICAL SUPPLIES 58596 4323606 -01 1322.6406 GENERAL SUPPLIES STREET LIGHTING ORNAMENTAL 179.34 ELECTRICAL SUPPLIES 58596 4323606 -01 1552.6406 GENERAL SUPPLIES CENT SVC PW BUILDING 46.15 ELECTRICAL SUPPLIES 58597 4324160 -01 1646.6406 GENERAL SUPPLIES BUILDING MAINTENANCE 146.54 ELECTRICAL SUPPLIES 58597 4324160 -01 1552.6406 GENERAL SUPPLIES CENT SVC PW BUILDING 4.12 GFI PLATE 58598 4322368 -01 1552.6530 REPAIR PARTS CENT SVC PW BUILDING 74.96 WIRE, ANCHORS, BITS 58599 4324618-01 1552.6530 REPAIR PARTS CENT SVC PW BUILDING 612.51 243516 21132003 110925 J.M. STEWART CORPORATION 4,717.00 OUTDOOR SIGN 58844 012605 4501.6710 EQUIPMENT REPLACEMENT FIRE DEPARTMENT 4,717.00 243517 2/132003 100828 JERRY S FOODS 1.97 58641 990 1400.6406 GENERAL SUPPLIES POLICE DEPT. GENERAL R55CKREG LOG20000 Check # Date 243518 2113/2003 243519 2/1312003 Amount Vendor / Explanation 7.12 58.63 76.42 105.28 512.53 761.95 100829 JERRY'S HARDWARE 3.29 11.07 12.69 13.59 13.79 20.38 51.55 56.52 59.25 61.61 62.05 78.13 116.52 149.36 160.49 162.35 173.62 178.14 399.94 480.36 2,264.70 100830 JERRY S PRINTING 145.91 REGISTRATION FORMS 145.91 PO # Doc No 58641 58641 58641 58641 58641 CITY OF EDINA Council Check Register 2110/2003 - 2113/2003 Inv No Account No 990 1629.6406 990 1628.6406 990 5421.5510 990 1470.6106 990 5911.6406 58642 013103 58642 013103 58642 013103 58642 013103 58642 013103 58642 013103 58642 013103 58642 013103 58642 013103 58642 013103 58642 013103 58642 013103 58642 013103 58642 013103 58642 013103 58642 013103 58642 013103 58642 013103 58642 013103 58642 013103 58600 A -24834 1490.6406 1551.6406 4090.6406 5840.6406 1322.6406 5860.6406 5422.6406 1552.6406 5210.6406 1470.6406 1553.6406 5511.6406 5911.6406 1400.6406 5630.6406 5420.6406 1325.6406 5620.6406 1301.6406 1646.6406 1600.6406 243521 211312003 100835 JOHNSON BROTHERS LIQUOR CO. 9.25- 58521 213491 5862.5513 Subledger Account Description GENERAL SUPPLIES GENERAL SUPPLIES COST OF GOODS SOLD MEETING EXPENSE GENERAL SUPPLIES GENERAL SUPPLIES GENERAL SUPPLIES GENERAL SUPPLIES GENERAL SUPPLIES GENERAL SUPPLIES GENERAL SUPPLIES GENERAL SUPPLIES GENERAL SUPPLIES GENERAL SUPPLIES GENERAL SUPPLIES GENERAL SUPPLIES GENERAL SUPPLIES GENERAL SUPPLIES GENERAL SUPPLIES GENERAL SUPPLIES GENERAL SUPPLIES GENERAL SUPPLIES GENERAL SUPPLIES GENERAL SUPPLIES GENERAL SUPPLIES GENERAL SUPPLIES 2113/2003 8:23:19 Page - 10 Business Unit ADAPTIVE RECREATION SENIOR CITIZENS GRILL FIRE DEPT. GENERAL PUMP & LIFT STATION OPER PUBLIC HEALTH CITY HALL GENERAL STREET REVOLVING LIQUOR YORK GENERAL STREET LIGHTING ORNAMENTAL VERNON LIQUOR GENERAL MAINT OF COURSE & GROUNDS CENT SVC PW BUILDING GOLF DOME PROGRAM FIRE DEPT. GENERAL EQUIPMENT OPERATION GEN ARENA BLDG /GROUNDS PUMP & LIFT STATION OPER POLICE DEPT. GENERAL CENTENNIAL LAKES CLUB HOUSE STREET NAME SIGNS EDINBOROUGH PARK GENERAL MAINTENANCE BUILDING MAINTENANCE PARK ADMIN. GENERAL COST OF GOODS SOLD WINE VERNON SELLING R55CKREG LOG20000 Check # Date Amount Vendor / Explanation 10.20 - 3.47- 15.18- 7.83- 10.00- 8.38- 21.55- 43.75- 54.55- 78.40- 9.25- 9.49- 60.00 345.35 1,271.16 117.40 59.57 631.71 104.75 595.53 281.69 911.10 1,280.99 6,165.40 26.05- 754.36 374.79 167.84 586.85 163.50 3,789.12 1,247.25 90.61 18,691.62 243522 211312003 100919 JOHNSON, NAOMI 7.80 PETTY CASH CITY OF EDINA Council Check Register 2/10/2003 - 2/13/2003 2/13/2003 8:23:19 Page - 11 PO # Doc No Inv No Account No Subledger Account Description Business Unit 58522 213488 5862.5512 COST OF GOODS SOLD LIQUOR VERNON SELLING 58523 213828 5842.5513 COST OF GOODS SOLD WINE YORK SELLING 58524 213827 5842.5513 COST OF GOODS SOLD WINE YORK SELLING 58525 213826 5842.5512 COST OF GOODS SOLD LIQUOR YORK SELLING 58526 213825 5842.5513 COST OF GOODS SOLD WINE YORK SELLING 58527 213824 5842.5513 COST OF GOODS SOLD WINE YORK SELLING 58528 213823 5842.5513 COST OF GOODS SOLD WINE YORK SELLING 58529 213822 5842.5513 COST OF GOODS SOLD WINE YORK SELLING 58530 213487 5842.5513 COST OF GOODS SOLD WINE YORK SELLING 58531 213486 5842.5513 COST OF GOODS SOLD WINE YORK SELLING 58532 213490 5842.5513 COST OF GOODS SOLD WINE YORK SELLING 58533 213489 5842.5512 COST OF GOODS SOLD LIQUOR YORK SELLING 58534 1516063 5842.5512 COST OF GOODS SOLD LIQUOR YORK SELLING 58535 1515522 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING 58536 1515524 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING 58537 1515526 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING 58538 1515515 5822.5513 COST OF GOODS SOLD WINE 50TH ST SELLING 58539 1515512 5822.5513 COST OF GOODS SOLD WINE 50TH ST SELLING 58540 1515510 5822.5513 COST OF GOODS SOLD WINE 50TH ST SELLING 58541 1515514 5822.5512 COST OF GOODS SOLD LIQUOR 50TH ST SELLING 58542 1515513 5822.5512 COST OF GOODS SOLD LIQUOR 50TH ST SELLING 58686 1518578 5842.5512 COST OF GOODS SOLD LIQUOR YORK SELLING 58687 1518580 5842.5512 COST OF GOODS SOLD LIQUOR YORK SELLING 58688 1518582 5842.5512 COST OF GOODS SOLD LIQUOR YORK SELLING 58689 213485 5822.5513 COST OF GOODS SOLD WINE 50TH ST SELLING 58690 1518576 5822.5512 COST OF GOODS SOLD LIQUOR 50TH ST SELLING 58691 1518575 5822.5512 COST OF GOODS SOLD LIQUOR 50TH ST SELLING 58692 1518577 5822.5513 COST OF GOODS SOLD WINE 50TH ST SELLING 58693 1518574 5822.5513 COST OF GOODS SOLD WINE 50TH ST SELLING 58694 1518573 5822.5513 COST OF GOODS SOLD WINE 50TH ST SELLING 58833 1518588 5862.5512 COST OF GOODS SOLD LIQUOR VERNON SELLING 58834 1518586 5862.5512 COST OF GOODS SOLD LIQUOR VERNON SELLING 58835 1518584 5862.5512 COST OF GOODS SOLD LIQUOR VERNON SELLING 58643 013103 5120.6107 MILEAGE OR ALLOWANCE ART SUPPLY GIFT GALLERY SHOP CITY OF EDINA 2/1312003 8:23:19 R55CKREG LOG20000 Council Check Register Page - 12 2/10/2003 - 2/13/2003 Check # Date Amount Vendor/ Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 19.98 PETTY CASH 58643 013103 5110.6406 GENERAL SUPPLIES ART CENTER ADMINISTRATION 50.57 PETTY CASH 58643 013103 5101.4413 ART WORK SOLD ART CENTER REVENUES 51.64 PETTY CASH 58643 013103 5125.6564 CRAFT SUPPLIES MEDIA STUDIO 146.13 PETTY CASH 58643 013103 5110.6564 CRAFT SUPPLIES ART CENTER ADMINISTRATION 276.12 243523 2/13/2003 102719 JOHNSON, PHILLIP 19.17 REIMBURSEMENT 58644 012703 5125.6406 GENERAL SUPPLIES MEDIA STUDIO 95.83 REIMBURSEMENT 58644 012703 5125.6710 EQUIPMENT REPLACEMENT MEDIA STUDIO 309.41 REIMBURSEMENT 58757 013103 5125.6710 EQUIPMENT REPLACEMENT MEDIA STUDIO 424.41 243524 2113/2003 106186 KAEDING & ASSOCIATES INC. 515.00 ELECTRICAL ENGINEERING 58759 250299C 05408.1705.20 CONSULTING DESIGN MINNEHAHA WATERMAIN 240.33 ELECTRICAL ENGINEERING 58760 250207C 05397.1705.20 CONSULTING DESIGN WM397 REHAB WELL #15 240.33 ELECTRICAL ENGINEERING 58760 250207C 05398.1705.20 CONSULTING DESIGN WM398 REHAB WELL #5 240.34 ELECTRICAL ENGINEERING 58760 250207C 05396.1705.20 CONSULTING DESIGN WM396 REHAB WELL #18 1,236.00 243525 2/13/2003 101514 KASPRICK, JOHN 4.26 PETTY CASH 58508 013103 5860.6513 OFFICE SUPPLIES VERNON LIQUOR GENERAL 18.75 PETTY CASH 58508 013103 5860.6107 MILEAGE OR ALLOWANCE VERNON LIQUOR GENERAL 23.01 243526 2/1312003 100224 KATH FUEL OIL SERVICE 16.25 GREASE 58509 132834 1553.6406 GENERAL SUPPLIES EQUIPMENT OPERATION GEN 16.25 243527 2/13/2003 105606 KELLINGTON CONSTRUCTION INC. 14,685.46 VERNON REMODEL 58569 APPL #7 5800.1705 CONSTR. IN PROGRESS LIQUOR BALANCE SHEET 2,887.45 VERNON REMODEL 58570 02 REV 5800.1705 CONSTR. IN PROGRESS LIQUOR BALANCE SHEET 1,083.55 VERNON REMODEL 58571 03 REV 5800.1705 CONSTR. IN PROGRESS LIQUOR BALANCE SHEET 18,656.46 243528 2113/2003 100198 KIRCHMAN, STEVE A. 51.00 CELL PHONE CHARGES 58510 020303 1495.6188 TELEPHONE INSPECTIONS CITY OF EDINA 2113/2003 8:23:19 R55CKREG LOG20000 Council Check Register Page - 13 2/10/2003 - 2113/2003 Check # Date Amount Vendor/ Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 51.00 243529 2113/2003 105887 KOESSLER, JOE 129.00 JAN. SERVICE 58758 013103 1628.6103 PROFESSIONAL SERVICES SENIOR CITIZENS 129.00 243530 211312003 100846 KUETHER DISTRIBUTING CO 39.00 58543 354294 5822.5514 COST OF GOODS SOLD BEER 50TH ST SELLING 71.50 58544 354295 5822.5515 COST OF GOODS SOLD MIX 50TH ST SELLING 928.20 58545 354506 5842.5514 COST OF GOODS SOLD BEER YORK SELLING 3,064.15 58546 354576 5842.5514 COST OF GOODS SOLD BEER YORK SELLING 856.00 58836 355065 5822.5514 COST OF GOODS SOLD BEER 50TH ST SELLING 4,958.85 243531 211312003 106065 KUSSKE CONSTRUCTION CO. INC. 2,437.05 02 -2 (ENG) FINAL 58761 022103 05403.1705.30 CONTRACTOR PAYMENTS WM403 BRAEMAR PW TRAIN FACIL 7,411.82 02 -2 (ENG) FINAL 58761 022103 04272.1705.30 CONTRACTOR PAYMENTS T272 BRAEMAR PUBLIC WORKS AREA 9,848.87 243532 2113/2003 102229 LAKE SUPERIOR COLLEGE 300.00 GRADING & BASE 1 58645 7913 1260.6104 CONFERENCES & SCHOOLS ENGINEERING GENERAL 300.00 243533 2/13/2003 100852 LAWSON PRODUCTS INC. 121.45 HEX NUTS, TY -RAP 58646 0518677 1553.6530 REPAIR PARTS EQUIPMENT OPERATION GEN 463.07 WASHERS, NUTS, TY -RAP 58762 0541616 1553.6530 REPAIR PARTS EQUIPMENT OPERATION GEN 387.44 SCREWS, NUTS 58763 0541618 1325.6406 GENERAL SUPPLIES STREET NAME SIGNS 293.05 WASHERS, SCREWS, NUTS 58764 0541619 1553.6585 ACCESSORIES EQUIPMENT OPERATION GEN 252.25 DRILLS, SCREWS, FITTINGS 58765 0541617 5923.6406 GENERAL SUPPLIES COLLECTION SYSTEMS 344.46 DRILL BITS 58766 0518678 5913.6406 GENERAL SUPPLIES DISTRIBUTION 1,861.72 243534 2/13/2003 101887 LEAGUE OF MINN HUMAN RIGHTS CO 246.66 2003 DUES 58768 013103 1504.6105 DUES & SUBSCRIPTIONS HUMAN RELATION COMMISSION 246.66 243535 211312003 101552 LEAGUE OF MINNESOTA CITIES 65.00 CONFERENCE FEES 58767 1- 000012516 1100.6106 MEETING EXPENSE CITY COUNCIL CITY OF EDINA 2/13/2003 8:23:19 R55CKREG LOG20000 Council Check Register Page - 14 2/10/2003 — 2/13/2003 Check # Date Amount Vendor / Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 65.00 243536 2113/2003 106235 LITTLE, LAURA 59.50 PROGRAM STAFF 58647 020403 1629.6103 PROFESSIONAL SERVICES ADAPTIVE RECREATION 59.50 243537 2/13/2003 110888 LOPEZ, LIZ 20.00 CLASS EXPENSES 58648 020303 1190.6104 CONFERENCES & SCHOOLS ASSESSING 89.99 CLASS EXPENSES 58648 020303 1190.6107 MILEAGE OR ALLOWANCE ASSESSING 109.99 243538 2/13/2003 102129 LOVEGREEN INDUSTRIAL SERVICES 1,020.98 CONVEYOR REPAIRS 58769 68198 5821.6180 CONTRACTED REPAIRS 50TH ST OCCUPANCY 1,020.98 243539 211312003 100864 MAC QUEEN EQUIP INC. 1,784.97 BROOMS, TOW BARS, DIRT SHOES 58511 2030952 1553.6530 REPAIR PARTS EQUIPMENT OPERATION GEN 1,410.54 ROLLER WELDS, ACTUATOR 58601 2031181 1553.6530 REPAIR PARTS EQUIPMENT OPERATION GEN 493.51 DIRT SHOE RUNNERS 58602 2031231 1553.6530 REPAIR PARTS EQUIPMENT OPERATION GEN 369.69 BEARING ASSEMBLIES 58603 2031075 1553.6530 REPAIR PARTS EQUIPMENT OPERATION GEN 1,810.63 FILL HOSE, FILTERS, BELTS 58649 2031180 1553.6530 REPAIR PARTS EQUIPMENT OPERATION GEN 5,869.34 243540 2113/2003 101226 MAIL BOXES ETC. 120.00 FAXING SERVICE 58770 POS1547 2210.6103 PROFESSIONAL SERVICES COMMUNICATIONS 120.00 243541 211312003 110656 MARGO'S SIGNATURE BAKING INC. 50.52 BAKERY 58650 36450 5111.5510 COST OF GOODS SOLD ART CENTER BLDG/MAINT 50.52 243542 2113/2003 100868 MARK VII SALES 550.95 58547 504829 5822.5514 COST OF GOODS SOLD BEER 50TH ST SELLING 420.16 58548 504967 5842.5514 COST OF GOODS SOLD BEER YORK SELLING 1,396.90 58549 504968 5862.5514 COST OF GOODS SOLD BEER VERNON SELLING 32.70 58550 504969 5862.5514 COST OF GOODS SOLD BEER VERNON SELLING CITY OF EDINA 2/13 /2003 8:23:19 R55CKREG LOG20000 Council Check Register Page - 15 2/10/2003 — 2/13/2003 Check # Date Amount Vendor/ Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 2,954.45 58551 505179 5842.5514 COST OF GOODS SOLD BEER YORK SELLING 24.60 58552 505180 5842.5515 COST OF GOODS SOLD MIX YORK SELLING 777.90 58837 505153 5862.5514 COST OF GOODS SOLD BEER VERNON SELLING 6,157.66 243543 211312003 103280 MARLIN COMPANY, THE 562.80 COMMUNICATIONS PROGRAM 58604 249683 1552.6103 PROFESSIONAL SERVICES CENT SVC PW BUILDING 562.80 243544 2113/2003 102093 MCC 225.00 FIREARMS INSTRUCTION 58771 013103 1400.6104 CONFERENCES & SCHOOLS POLICE DEPT. GENERAL 225.00 243545 211312003 100882 MERIT SUPPLY 825.64 TABLE, TISSUE, BAGS 58605 61067 1552.6710 EQUIPMENT REPLACEMENT CENT SVC PW BUILDING 825.64 243546 2113/2003 101390 MES INC. 160.72 LABOR ON VALVE & PARTS 58651 118231 1553.6180 CONTRACTED REPAIRS EQUIPMENT OPERATION GEN 1,760.00 NOZZLES 58846 119620 1470.6406 GENERAL SUPPLIES FIRE DEPT. GENERAL 1,920.72 243547 2113/2003 110920 MESENBURG, MATT 165.00 REPLACEMENT CLUB 58815 020603 5210.6406 GENERAL SUPPLIES GOLF DOME PROGRAM 165.00 243548 2/13/2003 102507 METRO VOLLEYBALL OFFICIALS 110.00 OFFICIATING FEES 58652 2336 4077.6103 PROFESSIONAL SERVICES EDINA ATHLETIC ASSOCIATION 110.00 243549 211312003 100886 METROPOLITAN COUNCIL 3,786.75 JAN 2003 58653 013103 1495.4307 SAC CHARGES INSPECTIONS 3,786.75 243550 2113/2003 105771 METROPOLITAN COUNCIL 100,000.00 301 VAN BUREN AVE S 58845 6338 -40 XERXES 2127.6103 PROFESSIONAL SERVICES COMM DEV BLK GRANT R55CKREG LOG20000 CITY OF EDINA 58695 62556053 5822.5513 COST OF GOODS SOLD WINE 50TH ST SELLING Council Check Register 96.40 2/1012003 — 2/13/2003 Check # Date Amount Vendor / Explanation PO # Doc No Inv No Account No Subledger Account Description 100,000.00 17,159.56 WATER PURCHASED 58772 243551 2113/2003 WATER PURCHASED 100887 METROPOLITAN COUNCIL ENVIRONME 17,159.56 298,666.33 SEWER SERVICE 58816 0000750963 5922.6302 SEWER SERVICE METRO 243555 2113/2003 298,666.33 101722 MINNESOTA BRIDE MAGAZINE 243552 211312003 101471 MGCSA 647.00 SPRING /SUMMER 2003 58773 9157 5610.6122 200.00 MINI-SEMINAR 58606 020403 5410.6104 CONFERENCES & SCHOOLS 647.00 450.00 TRAINING CLASS 58606 020403 5410.6104 CONFERENCES & SCHOOLS 243556 2/13/2003. 650.00 102288 MINNESOTA COUNTIES INSURANCE T 243553 2/1312003 100692 MIDWEST COCA -COLA BOTTLING COM 250.00 2003 DUES 58774 2/13/2003 8:23:19 Page- 16 Business Unit SEWER TREATMENT GOLF ADMINISTRATION GOLF ADMINISTRATION 96.40 58695 62556053 5822.5513 COST OF GOODS SOLD WINE 50TH ST SELLING 96.40 243554 211312003 103216 MINNEAPOLIS FINANCE DEPARTMENT 17,159.56 WATER PURCHASED 58772 020503 5913.6601 WATER PURCHASED DISTRIBUTION 17,159.56 243555 2113/2003 101722 MINNESOTA BRIDE MAGAZINE 647.00 SPRING /SUMMER 2003 58773 9157 5610.6122 ADVERTISING OTHER ED ADMINISTRATION 647.00 243556 2/13/2003. 102288 MINNESOTA COUNTIES INSURANCE T 250.00 2003 DUES 58774 002503 1550.6121 ADVERTISING PERSONNEL CENTRAL SERVICES GENERAL 250.00 243557 211312003 102137 MINNESOTA ELECTRICAL ASSOCIATI 275.00 COST. NO. 12456 58607 MCMAHON 1281.6104 CONFERENCES & SCHOOLS TRAINING 275.00 243558 2113/2003 100905 MINNESOTA GOLF ASSOCIATION 360.00 2003 DUES 58817 013103 5410.6105 DUES & SUBSCRIPTIONS GOLF ADMINISTRATION 360.00 243559 2113/2003 101537 MINNESOTA POLLUTION CONTROL AG 1,440.00 WASTEWATER CONFERENCE 58776 020703 5919.6104 CONFERENCES & SCHOOLS TRAINING CITY OF EDINA 2/1312003 8:23:19 R55CKREG LOG20000 Council Check Register Page - 17 2110/2003 — 2/13/2003 Check # Date Amount Vendor I Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 1,440.00 243560 2/13/2003 101779 MINNESOTA STATE BAR ASSOCIATIO 235.00 FEE 58775 INV086660 1120.6104 CONFERENCES & SCHOOLS ADMINISTRATION 235.00 243561 2/13/2003 100899 MINNESOTA STATE TREASURER 5,268.00 JAN 2003 58654 013103 1495.4380 SURCHARGE INSPECTIONS 5,268.00 243562 2/13/2003 105430 MINNESOTA SUPPLY COMPANY 327.95 RACKS, STEP BEAMS 58608 M51706 1553.6530 REPAIR PARTS EQUIPMENT OPERATION GEN 327.95 243563 2113/2003 103413 MORI STUDIO INC. 21.30 2003 PARADE LOGO 58655 00025586 1627.6103 PROFESSIONAL SERVICES SPECIAL ACTIVITIES 21.30 243564 2/13/2003 102215 MSES 30.00 DUES -DON JOHNSON 58777 020703 1260.6105 DUES & SUBSCRIPTIONS ENGINEERING GENERAL 30.00 243565 2/1312003 105595 MTI UNIVERSITY 130.00 REGISTRATION FEES 58778 020503 5610.6104 CONFERENCES & SCHOOLS ED ADMINISTRATION 130.00 243566 2/13/2003 100076 NEW FRANCE WINE CO. 440.00 58696 19311 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING 982.00 58697 19313 5842.5513 COST OF GOODS SOLD WINE YORK SELLING 440.00 58698 19312 5822.5513 COST OF GOODS SOLD WINE 50TH ST SELLING 1,862.00 243567 2113/2003 100922 NEWMAN TRAFFIC SIGNS 812.60 SIGN BLADES 58609 TI- 0099965 1325.6406 GENERAL SUPPLIES STREET NAME SIGNS 812.60 243568 2113/2003 104672 NEXTEL COMMUNICATIONS 958.31 58818 757391129 -002 1470.6151 EQUIPMENT RENTAL FIRE DEPT. GENERAL R55CKREG LOG20000 CONSULTING SERVICES 58779 013003 CITY OF EDINA EQUIPMENT REPLACEMENT PICNIC SHELTER SHERWOOD PK 542.50 Council Check Register 243575 2/132003 101439 OLSEN FIRE INSPECTION 2110/2003 —2/13/2003 Check # Date Amount Vendor / Explanation PO # Doc No Inv No Account No Subledger Account Description 958.31 243576 2/132003 100940 OWENS COMPANIES INC. 243569 211312003 102199 NORTHERN SAFETY CO. INC. 123.22 FILTER HOUSING 58780 64289 5420.6406 105.92 FLASHLIGHTS 58610 P056883901015 1301.6610 SAFETY EQUIPMENT 105.92 243577 2/132003 110662 PANINI CATERING 243570 2/13/2003 36.08 102652 NORTHLAND CHEMICAL CORP. 58658 1889 5111.5510 COST OF GOODS SOLD ART CENTER BLDG/MAINT 168.08 CLEANING PRODUCTS 58656 067808 1552.6511 CLEANING SUPPLIES 168.08 243571 2/13/2003 105607 NORTHLAND CONCRETE & MASONRY C 2,459.62 VERNON REMODEL 58567 APPL #7 5800.1705 CONSTR. IN PROGRESS 7,046.67 VERNON REMODEL 58568 APPL #8 5800.1705 CONSTR. IN PROGRESS 9,506.29 243572 211312003 100933 NORTHWEST GRAPHIC SUPPLY 159.45 ART SUPPLIES 58657 28145800 5120.5510 COST OF GOODS SOLD 114.68 CANVAS, PENCILS 58847 27839100 5120.5510 COST OF GOODS SOLD 274.13 243573 2/132003 100930 NORTHWESTERN TIRE CO. 37.42 TIRES 58611 NW -82086 1553.6583 TIRES & TUBES 37.42 243574 21132003 105901 OERTEL ARCHITECTS 2113/2003 8:23:19 Page - 18 Business Unit GENERAL MAINTENANCE CENT SVC PW BUILDING LIQUOR BALANCE SHEET LIQUOR BALANCE SHEET ART SUPPLY GIFT GALLERY SHOP ART SUPPLY GIFT GALLERY SHOP EQUIPMENT OPERATION GEN 542.50 CONSULTING SERVICES 58779 013003 47023.6710 EQUIPMENT REPLACEMENT PICNIC SHELTER SHERWOOD PK 542.50 243575 2/132003 101439 OLSEN FIRE INSPECTION 165.00 SPRINKLER INSPECTION 58819 2301075 5210.6180 CONTRACTED REPAIRS GOLF DOME PROGRAM 165.00 243576 2/132003 100940 OWENS COMPANIES INC. 123.22 FILTER HOUSING 58780 64289 5420.6406 GENERAL SUPPLIES CLUB HOUSE 123.22 243577 2/132003 110662 PANINI CATERING 36.08 SANDWICHES 58658 1889 5111.5510 COST OF GOODS SOLD ART CENTER BLDG/MAINT R55CKREG LOG20000 Check # Date Amount Vendor / Explanation Council Check Register P 36.08 SANDWICHES 2/10/2003 — 23.71 SANDWICHES PO # Doc No I 95.87 Account No S 243578 2113/2003 58659 1 101353 PARK VACUUM CENTER 5111.5510 C COST OF GOODS SOLD A 478.18 VACUUM 2221 5 5111.5510 C 478.18 ART CENTER BLDG/MAINT 243579 2/13/2003 5210.6511 C 101718 PARTS PLUS GOLF DOME PROGRAM 58512 0 140.00 1281.6104 C CONFERENCES & SCHOOLS T TRAINING 2,204.46 012603 1 1553.6530 R REPAIR PARTS E 2,344.46 58553 0 243580 2113/2003 COST OF GOODS SOLD WINE Y 100347 PAUSTIS & SONS 58554 0 0209607 -CM 5 1,244.80 COST OF GOODS SOLD WINE V VERNON SELLING 58699 0 96.00- 5842.5513 C COST OF GOODS SOLD WINE Y YORK SELLING 2,868.40 0209972 -IN 5 5862.5513 C COST OF GOODS SOLD WINE V 1,710.60 58701 0 0209973 -IN 5 5822.5513 C 671.60 50TH ST SELLING 58781 4 41874077 5 6,399.40 COST OF GOODS SOLD G 243581 2/13/2003 41874215 5 100945 PEPSI -COLA COMPANY COST OF GOODS SOLD G GRILL 471.25 020603 1 1000.2023 P P.E.R.A. PAYABLE G 128.00 58783 0 02 /06 1 1000.2023 P 599.25 GENERAL FUND BALANCE SHEET 243582 2/13/2003 100946 PERA 71,685.88 PPEND 1/28/03 71,685.88 243583 2113/2003 100946 PERA 39.24 PPEND 1/28/03 39.24 243584 2/1312003 100743 PHILLIPS WINE & SPIRIT 756.45 S 58555 916630 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING CITY OF EDINA 2 211312003 8:23:19 Council Check Register P Page - 19 2/10/2003 — — 2113/2003 PO # Doc No I Inv No A Account No S Subledger Account Description B Business Unit 58659 1 1977 5 5111.5510 C COST OF GOODS SOLD A ART CENTER BLDG/MAINT 58660 2 2221 5 5111.5510 C COST OF GOODS SOLD A ART CENTER BLDG/MAINT 58820 2 28158 5 5210.6511 C CLEANING SUPPLIES G GOLF DOME PROGRAM 58512 0 012603 1 1281.6104 C CONFERENCES & SCHOOLS T TRAINING 58512 0 012603 1 1553.6530 R REPAIR PARTS E EQUIPMENT OPERATION GEN 58553 0 0209425 -IN 5 5842.5513 C COST OF GOODS SOLD WINE Y YORK SELLING 58554 0 0209607 -CM 5 5862.5513 C COST OF GOODS SOLD WINE V VERNON SELLING 58699 0 0209974 -IN 5 5842.5513 C COST OF GOODS SOLD WINE Y YORK SELLING 58700 0 0209972 -IN 5 5862.5513 C COST OF GOODS SOLD WINE V VERNON SELLING 58701 0 0209973 -IN 5 5822.5513 C COST OF GOODS SOLD WINE 5 50TH ST SELLING 58781 4 41874077 5 5210.5510 C COST OF GOODS SOLD G GOLF DOME PROGRAM 58821 4 41874215 5 5421.5510 C COST OF GOODS SOLD G GRILL 58782 0 020603 1 1000.2023 P P.E.R.A. PAYABLE G GENERAL FUND BALANCE SHEET 58783 0 02 /06 1 1000.2023 P P.E.R.A. PAYABLE G GENERAL FUND BALANCE SHEET i CITY OF EDINA 2/13 /2003 8:23:19 R55CKREG LOG20000 Council Check Register Page - 20 2110/2003 - 2/13/2003 Check # Date Amount Vendor / Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 207.35 58556 916629 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING 56.90 58557 916623 5822.5512 COST OF GOODS SOLD LIQUOR 50TH ST SELLING 635.20 58558 916624 5822.5513 COST OF GOODS SOLD WINE 50TH ST SELLING 514.59 58702 918979 5842.5512 COST OF GOODS SOLD LIQUOR YORK SELLING 69.81 58703 918977 5822.5512 COST OF GOODS SOLD LIQUOR 50TH ST SELLING 365.51 58704 918978 5822.5513 COST OF GOODS SOLD WINE 50TH ST SELLING 1,085.69 58838 918981 5862.5512 COST OF GOODS SOLD LIQUOR VERNON SELLING 3,691.50 243585 211312003 105875 PICKERMAN'S SOUP AND SANDWICHE 97.00 SANDWICHES 58784 020403 1100.6106 MEETING EXPENSE CITY COUNCIL 97.00 243586 2/1312003 100119 PING 609.73 GOLF CLUBS 58785 6075074 5440.5511 COST OF GOODS - PRO SHOP PRO SHOP RETAIL SALES 609.73 243587 2/1312003 102156 PINNACLE DISTRIBUTING 92.35 58559 9308 5862.5515 COST OF GOODS SOLD MIX VERNON SELLING 433.56 58560 9159 5862.5515 COST OF GOODS SOLD MIX VERNON SELLING 307.85 58705 9263 5822.5515 COST OF GOODS SOLD MIX 50TH ST SELLING 111.68 58706 9305 5822.5515 COST OF GOODS SOLD MIX 50TH ST SELLING 148.00 58839 9770 5862.5515 COST OF GOODS SOLD MIX VERNON SELLING 1,093.44 243588 2/13/2003 100968 PRIOR WINE COMPANY 1,679.10 58707 667215 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING 1,194.87 58708 668414 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING 316.25 58709 668355 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING 215.30 58710 668354 5842.5513 COST OF GOODS SOLD WINE YORK SELLING 1,162.09 58711 668421 5842.5513 COST OF GOODS SOLD WINE YORK SELLING 1,702.60 58712 667216 5822.5513 COST OF GOODS SOLD WINE 50TH ST SELLING 6,270.21 243589 2113/2003 102564 PROGRESSIVE CONTRACTORS INC 92,710.03 PARTIAL PAYMENT NO.5 58786 020703 01323.1705.30 CONTRACTOR PAYMENTS BA -323 VALLEY VIEW & CROSSTOWN R55CKREG LOG20000 CITY OF EDINA 2/13/2003 8:23:19 Council Check Register Page - 21 2/10/2003 - 2113/2003 Check # Date Amount Vendor I Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 92,710.03 243590 2113/2003 101877 PRUDENTIAL INSURANCE COMPANY 1.95 COBRA 1 -2 -03 58787 013003 1550.6040 HOSPITALIZATION CENTRAL SERVICES GENERAL 96.20 G. HUGHES 2 -1 -03 58787 013003 1550.6040 HOSPITALIZATION CENTRAL SERVICES GENERAL 507.00 BASIC LIFE 2 -1 -03 58787 013003 1550.6040 HOSPITALIZATION CENTRAL SERVICES GENERAL 605.15 243592 2/13/2003 100971 QUALITY WINE 104.92- 58561 218349-00 5842.5513 COST OF GOODS SOLD WINE YORK SELLING 5.74- 58562 217095-00 5842.5512 COST OF GOODS SOLD LIQUOR YORK SELLING 15.37- 58563 218410-00 5842.5512 COST OF GOODS SOLD LIQUOR YORK SELLING 16.82- 58713 222967 -00 5860.4408 TRADE DISCOUNTS VERNON LIQUOR GENERAL 1,705.96 58713 222967 -00 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING 15.09- 58714 223258-00 5860.4408 TRADE DISCOUNTS VERNON LIQUOR GENERAL 1,525.32 58714 223258-00 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING .80- 58715 220607 -00 5860.4408 TRADE DISCOUNTS VERNON LIQUOR GENERAL 80.65 58715 220607 -00 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING 16.87- 58716 223533-00 5840.4408 TRADE DISCOUNTS LIQUOR YORK GENERAL 1,710.49 58716 223533 -00 5842.5513 COST OF GOODS SOLD WINE YORK SELLING 27.76- 58717 223362 -00 5840.4408 TRADE DISCOUNTS LIQUOR YORK GENERAL 2,814.96 58717 223362 -00 5842.5513 COST OF GOODS SOLD WINE YORK SELLING 105.60- 58718 223534 -00 5860A408 TRADE DISCOUNTS VERNON LIQUOR GENERAL 5,323.84 58718 223534 -00 5862.5512 COST OF GOODS SOLD LIQUOR VERNON SELLING 14.15- 58719 223363 -00 5820.4408 TRADE DISCOUNTS 50TH STREET GENERAL 1,432.64 58719 223363-00 5822.5513 COST OF GOODS SOLD WINE 50TH ST SELLING 1.31- 58720 223477 -00 5820.4408 TRADE DISCOUNTS 50TH STREET GENERAL 132.44 58720 223477 -00 5822.5513 COST OF GOODS SOLD WINE 50TH ST SELLING 38.30- 58721 223284 -00 5820.4408 TRADE DISCOUNTS 50TH STREET GENERAL 1,930.94 58721 223284 -00 5822.5512 COST OF GOODS SOLD LIQUOR 50TH ST SELLING 99.80- 58722 223532 -00 5840.4408 TRADE DISCOUNTS LIQUOR YORK GENERAL 5,032.02 58722 223532 -00 5842.5512 COST OF GOODS SOLD LIQUOR YORK SELLING .51- 58723 223247 -00 5840.4408 TRADE DISCOUNTS LIQUOR YORK GENERAL 53.34 58723 223247 -00 5842.5515 COST OF GOODS SOLD MIX YORK SELLING 103.95 - 58724 218345-00 5822.5513 COST OF GOODS SOLD WINE 50TH ST SELLING 32.90 - 58725 222147 -00 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING CITY OF EDINA 2/1312003 8:23:19 R55CKREG LOG20000 Council Check Register Page - 22 2/10/2003 - 2/13/2003 Check # Date Amount Vendor / Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 80.65- 58726 222232 -00 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING 21,062.06 243593 211312003 101965 QWEST 54.95 58513 012503 4090.6188 TELEPHONE STREET REVOLVING 54.95 243594 2113/2003 103478 QWEST 81.48 58614 012503 1481.6188 TELEPHONE YORK FIRE STATION 91.56 58614 012503 5861.6188 TELEPHONE VERNON OCCUPANCY 136.85 58614 012503 5821.6188 TELEPHONE 50TH ST OCCUPANCY 166.93 58614 012503 1622.6188 TELEPHONE SKATING & HOCKEY 177.95 58614 012503 5841.6188 TELEPHONE YORK OCCUPANCY 218.71 58614 012503 5610.6188 TELEPHONE ED ADMINISTRATION 257.52 58614 012503 5511.6188 TELEPHONE ARENA BLDG /GROUNDS 270.37 58614 012503 5420.6188 TELEPHONE CLUB HOUSE 272.97 58614 012503 1646.6188 TELEPHONE BUILDING MAINTENANCE 351.75 58614 012503 5911.6188 TELEPHONE PUMP & LIFT STATION OPER 686.47 58614 012503 1470.6188 TELEPHONE FIRE DEPT. GENERAL 1,161.60 58614 012503 5932.6188 TELEPHONE GENERAL STORM SEWER 5,312.96 58614 012503 1550.6188 TELEPHONE CENTRAL SERVICES GENERAL 9,187.12 243595 2/1312003 104299 QWEST 95.35 LINE REPAIRS 58848 A769244 1322.6406 GENERAL SUPPLIES STREET LIGHTING ORNAMENTAL 95.35 243596 2113/2003 102327 RECREATION SPORTS OFFICIALS AS 1,836.00 OFFICIATING FEES 58514 020303 4077.6102 CONTRACTUAL SERVICES EDINA ATHLETIC ASSOCIATION 1,836.00 243597 2113/2003 102986 RECYCOOL 99.00 RECYCLE ANTIFREEZE 58661 3301282 1280.6271 HAZ. WASTE DISPOSAL SUPERVISION & OVERHEAD 99.00 243598 2/13/2003 100149 RED ROOSTER AUTO STORES 180.47 SHOP SUPPLIES 58788 013103 5422.6406 GENERAL SUPPLIES MAINT OF COURSE & GROUNDS CITY OF EDINA 2/13/2003 8:23:19 R55CKREG LOG20000 Council Check Register Page - 23 2110/2003 — 2113/2003 Check # Date Amount Vendor / Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 180.47 243599 211312003 101869 REDWOOD SIGNS 559.13 HANDICAP MARKERS 58515 9659 5422.6406 GENERAL SUPPLIES MAINT OF COURSE & GROUNDS 559.13 243600 211312003 105542 REIKES, PATTY 50.00 PERFORMANCE 2116/03 58516 020303 5610.6136 PROFESSIONAL SVC - OTHER ED ADMINISTRATION 50.00 243601 2113/2003 101121 RITZ CAMERA CENTERS 53.24 VIDEO BAG 58789 375008020 1646.6556 TOOLS BUILDING MAINTENANCE 53.24 243602 2113/2003 110909 RONCOR CONSTRUCTION INC. 8,945.00 ROOF & GUTTERS 58790 4111 2127.6103 PROFESSIONAL SERVICES COMM DEV BILK GRANT 8,945.00 243603 2/1312003 102614 ROTARY CLUB OF EDINA 255.00 3RD QTR DUES 58849 263 1120.6105 DUES & SUBSCRIPTIONS ADMINISTRATION 255.00 243604 2113/2003 100015 RUMPCA COMPANIES INC. 3,204.00 BRUSH DISPOSAL 58850 1489 1644.6182 RUBBISH REMOVAL TREES & MAINTENANCE 3,204.00 243605 211312003 101963 S & S TREE AND HORTICULTURAL S 2,343.00 TREE PRUNING 58791 39102 1644.6180 CONTRACTED REPAIRS TREES & MAINTENANCE 2,343.00 243606 2113/2003 103269 S.H. BARTLETT CO INC 220.00 SENSOR REPAIR KIT 58792 10387 1646.6530 REPAIR PARTS BUILDING MAINTENANCE 220.00 243607 2113/2003 100987 SA -AG INC 2,178.29 ICE CONTROL SAND 58612 27696 1318.6517 SAND GRAVEL & ROCK SNOW &ICE REMOVAL 2/13/2003 8:23:19 Page - 24 Business Unit ENGINEERING GENERAL 50TH ST SELLING YORK SELLING VERNON SELLING CENT SVC PW BUILDING BUILDING MAINTENANCE 80.00 SKATING CLASS REFUND 58794 020703 CITY OF EDINA PROFESSIONAL SVC - OTHER R55CKREG LOG20000 80.00 243612 2/13/2003 Council Check Register 2110/2003 - 2/13/2003 27837 Check # Date Amount Vendor / Explanation PO # Doc No Inv No Account No Subledger Account Description 2,178.29 243613 2/13/2003 104098 SOFTWARE HOUSE INTERNATIONAL 243608 2/13/2003 110796 SAGE PUBLICATIONS INC. 141.24 MICROSOFT LICENSE 58615 B965A 1553.6160 DATA PROCESSING 25.00 2138840-1424 58613 012203 1260.6105 DUES 8 SUBSCRIPTIONS 25.00 243614 211312003 101002 SOUTHSIDE DISTRIBUTORS INC 243609 211312003 114788 SANDY'S PROMOTIONAL STUFF 2,501.50 58727 137755 5842.5514 COST OF GOODS SOLD BEER 93.23 WINE LABELS 58517 SH3002 5822.6122 ADVERTISING OTHER 5842.5515 COST OF GOODS SOLD MIX 93.23 WINE LABELS 58517 SH3002 5842.6122 ADVERTISING OTHER 5822.5514 COST OF GOODS SOLD BEER 93.23 WINE LABELS 58517 SH3002 5862.6122 ADVERTISING OTHER 279.69 243615 2/13/2003 101004 SPS COMPANIES 243610 2/13/2003 105442 SCHERER BROS. LUMBER CO. 137.47 FITTINGS, RINGS 58616 4124228 1552.6530 REPAIR PARTS 157.99 LUMBER 58662 419748 1552.6530 REPAIR PARTS 6.62 LUMBER 58793 416636 1646.6577 LUMBER 164.61 243611 211312003 110908 SCHLECK, DAN 2/13/2003 8:23:19 Page - 24 Business Unit ENGINEERING GENERAL 50TH ST SELLING YORK SELLING VERNON SELLING CENT SVC PW BUILDING BUILDING MAINTENANCE 80.00 SKATING CLASS REFUND 58794 020703 5511.6136 PROFESSIONAL SVC - OTHER ARENA BLDG /GROUNDS 80.00 243612 2/13/2003 100333 SIGNCRAFTERS OUTDOOR DISPLAY 1 59.91 FLAGPOLE REPAIRS 58795 27837 5630.6180 CONTRACTED REPAIRS CENTENNIAL LAKES 59.91 243613 2/13/2003 104098 SOFTWARE HOUSE INTERNATIONAL 141.24 MICROSOFT LICENSE 58615 B965A 1553.6160 DATA PROCESSING EQUIPMENT OPERATION GEN 141.24 243614 211312003 101002 SOUTHSIDE DISTRIBUTORS INC 2,501.50 58727 137755 5842.5514 COST OF GOODS SOLD BEER YORK SELLING 66.10 58728 137756 5842.5515 COST OF GOODS SOLD MIX YORK SELLING 615.55 58840 137748 5822.5514 COST OF GOODS SOLD BEER 50TH ST SELLING 3,183.15 243615 2/13/2003 101004 SPS COMPANIES 137.47 FITTINGS, RINGS 58616 4124228 1552.6530 REPAIR PARTS CENT SVC PW BUILDING CITY OF EDINA 2/13/2003 8:23:19 R55CKREG LOG20000 Council Check Register Page - 25 2/10/2003 — 2/13/2003 Check # Date Amount Vendor / Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 155.03 CAP SCREWS, SAW KIT 58796 4122662 5913.6406 GENERAL SUPPLIES DISTRIBUTION 51.58 HEX NUTS, CAP SCREWS 58797 4120780 5913.6406 GENERAL SUPPLIES DISTRIBUTION 344.08 243616 211312003 103277 ST. JOSEPH EQUIPMENT CO INC 180.19 HANDLE KIT 58617 S115629 1553.6530 REPAIR PARTS EQUIPMENT OPERATION GEN 253.62 HOSES 58798 S116314 1553.6530 REPAIR PARTS EQUIPMENT OPERATION GEN 887.34 BOLT ON EDGE 58799 S116081 1553.6530 REPAIR PARTS EQUIPMENT OPERATION GEN 1,321.15 243617 2113/2003 106328 ST. PAUL COMPANIES, THE 1,000.00 DEDUCTIBLE 58800 013103 1550.6200 INSURANCE CENTRAL SERVICES GENERAL 1,990.56 DEDUCTIBLE 58822 020703 1550.6200 INSURANCE CENTRAL SERVICES GENERAL 2,990.56 243618 2/13/2003 100715 STANTON GROUP 1,077.90 FEE FOR SERVICE 58801 333029 1550.6040 HOSPITALIZATION CENTRAL SERVICES GENERAL 821.50 FEE FOR SERVICE 58851 332206 1550.6040 HOSPITALIZATION CENTRAL SERVICES GENERAL 1,899.40 243619 211312003 101007 STAR TRIBUNE 1,827.40 WANT ADS 58663 013103 1550.6121 ADVERTISING PERSONNEL CENTRAL SERVICES GENERAL 1,827.40 243620 2/13/2003 101013 STOREFRONT GROUP, THE 4,643.75 4TH QTR 2002 58578 012703 1504.6103 PROFESSIONAL SERVICES HUMAN RELATION COMMISSION 4,643.75 243621 211312003 102639 STROHMYER, TOM 125.00 PERFORMANCE 2125/03 58664 020703 5610.6136 PROFESSIONAL SVC - OTHER ED ADMINISTRATION 125.00 243622 2/13/2003 101017 SUBURBAN CHEVROLET 10.93 GASKET KITS 58665 264645CVW 1553.6530 REPAIR PARTS EQUIPMENT OPERATION GEN 132.85 REARVIEW MIRROR 58666 264897CVW 1553.6530 REPAIR PARTS EQUIPMENT OPERATION GEN 143.78 243623 2/13/2003 103632 SUPERIOR PRODUCTS 644.77 MICROWAVES 58618 6008263 1552.6710 EQUIPMENT REPLACEMENT CENT SVC PW BUILDING R55CKREG LOG20000 30.34 CITY OF EDINA 58852 06241924 5440.5511 Council Check Register PRO SHOP RETAIL SALES 2/10/2003 — 2/13/2003 Check # Date Amount Vendor / Explanation PO # Doc No Inv No Account No Subledger Account Description 644.77 243626 2113/2003 243624 2/1312003 102742 TKDA ENGINEERS ARCHITECTS PLAN 110921 TACKETT, COURTNEY 90.00 PROGRAM REFUND 58823 020703 1600.4390.16 ADAPTIVE SWIMMING 2,225.36 90.00 58802 060618 243625 2/13/2003 PROFESSIONAL SERVICES 104932 TAYLOR MADE 2/13/2003 8:23:19 Page - 26 Business Unit PARK ADMIN. GENERAL 30.34 VEST 58852 06241924 5440.5511 COST OF GOODS - PRO SHOP PRO SHOP RETAIL SALES 30.34 243626 2113/2003 102742 TKDA ENGINEERS ARCHITECTS PLAN 2,225.36 INSPECTION, SPECIFICATION 58802 060618 5912.6103 PROFESSIONAL SERVICES BUILDINGS 2,225.36 243627 2/13/2003 101038 TOLL GAS & WELDING SUPPLY 123.25 WELDING GASES 58619 229781 1553.6580 WELDING SUPPLIES EQUIPMENT OPERATION GEN 56.65 WELDING GASES 58620 230225 1325.6406 GENERAL SUPPLIES STREET NAME SIGNS 179.90 243628 2/1312003 101374 TOWN & COUNTRY FENCE 6,250.00 CONSTRUCTION FENCE 58853 9480 4400.6710 EQUIPMENT REPLACEMENT CITY HALL/POLICE BUILDING 6,250.00 243629 2/13/2003 101048 TRI- COUNTY BEVERAGE INC. 52.15 58729 131971 5862.5515 COST OF GOODS SOLD MIX VERNON SELLING 52.15 243630 2113/2003 103121 TURTLE BAY BUILDING SERVICE IN 985.13 FEB SERVICE 58803 1861 5620.6103 PROFESSIONAL SERVICES EDINBOROUGH PARK 985.13 243631 211312003 101916 TWIN CITIES ROSE CLUB 300.00 COCOA BEAN MULCH 58824 020703 5422.6275 COURSE BEAUTIFICATION MAINT OF COURSE & GROUNDS 300.00 243632 211312003 100363 U.S. BANK 89.15 58804 020503 1470.6406 GENERAL SUPPLIES FIRE DEPT. GENERAL CITY OF EDINA 2/13/2003 8:23:19 R55CKREG LOG20000 Council Check Register Page - 27 2110/2003 - 2/13/2003 Check # Date Amount Vendor I Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 143.95 58804 020503 1470.6558 DEPT UNIFORMS FIRE DEPT. GENERAL 19.69 58805 020603 1470.6103 PROFESSIONAL SERVICES FIRE DEPT. GENERAL 25.62 58805 020603 1470.6513 OFFICE SUPPLIES FIRE DEPT. GENERAL 278.41 243633 2113/2003 101053 UNITED ELECTRIC COMPANY 296.79 RELAY ASSEMBLIES 58621 184684 1552.6530 REPAIR PARTS CENT SVC PW BUILDING 86.90 ELECTRICAL SUPPLIES 58622 181526 1322.6406 GENERAL SUPPLIES STREET LIGHTING ORNAMENTAL 724.53 ELECTRICAL SUPPLIES 58622 181526 1552.6406 GENERAL SUPPLIES CENT SVC PW BUILDING 413.05- CREDIT 58623 185794 1552.6530 REPAIR PARTS CENT SVC PW BUILDING 695.17 243634 211312003 101055 UNIVERSITY OF MINNESOTA 56.00 WOMENS BASKETBALL 58825 020703 1629.6406 GENERAL SUPPLIES ADAPTIVE RECREATION 56.00 243635 2113/2003 101908 US FOODSERVICE INC 275.60 FOOD 58806 595926 5630.5510 COST OF GOODS SOLD CENTENNIAL LAKES 275.60 243636 2113/2003 110889 USPCA REGION 18 25.00 CANINE DRUG CERTIFICATION 58807 013103 1438.6104 CONFERENCES & SCHOOLS K -9 UNIT 25.00 243637 2/13/2003 103590 VALLEY -RICH CO. INC. 1,011.00 WATER MAIN REPAIR 58808 6649 5913.6180 CONTRACTED REPAIRS DISTRIBUTION 1,011.00 243638 2/1312003 102734 VEIT & COMPANY INC 83,770.53 PARTIAL PAYMENT NO.4 58809 022103 04271.1705.30 CONTRACTOR PAYMENTS T271 PAMELA LAKE DREDGING 83,770.53 243639 211312003 102970 VERIZON WIRELESS BELLEVUE 37.93 58810 1/20 5610.6188 TELEPHONE ED ADMINISTRATION 37.93 243640 2113/2003 101078 WESTSIDE EQUIPMENT 176.11 GAS PUMP SERVICE 58624 00189584N 1552.6530 REPAIR PARTS CENT SVC PW BUILDING R55CKREG LOG20000 CITY OF EDINA Council Check Register 2/10/2003 — 2/132003 Check # Date Amount Vendor / Explanation PO # Doc No Inv No Account No Subledger Account Description 243645 211312003 103226 YEADON FABRIC DOMES 769.45 REPAIR FABRIC 769.45 1,055,788.79 Grand Total 2/1312003 8:23:19 Page - 28 Business Unit 58730 094605 176.11 COST OF GOODS SOLD WINE 243641 2/132003 094658 101033 WINE COMPANY, THE COST OF GOODS SOLD WINE YORK SELLING 637.70 094704 5822.5513 COST OF GOODS SOLD WINE 178.70 58733 094756 5822.5515 927.40 50TH ST SELLING 58564 68457 60.00 COST OF GOODS SOLD WINE 50TH ST SELLING 58565 1,803.80 5862.5513 243642 21132003 58734 101312 WINE MERCHANTS 5822.5513 COST OF GOODS SOLD WINE 678.10 58735 17141 5822.5513 286.50 50TH ST SELLING 58736 67822 937.52 COST OF GOODS SOLD WINE 50TH ST SELLING 83.55- 1,132.25 2,950.82 243643 211312003 101086 WORLD CLASS WINES INC 555.00 613.00 1,168.00 243644 21132003 101726 XCEL ENERGY 138.13 CONSTRUCTION METER 243645 211312003 103226 YEADON FABRIC DOMES 769.45 REPAIR FABRIC 769.45 1,055,788.79 Grand Total 2/1312003 8:23:19 Page - 28 Business Unit 58730 094605 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING 58731 094658 5842.5513 COST OF GOODS SOLD WINE YORK SELLING 58732 094704 5822.5513 COST OF GOODS SOLD WINE 50TH ST SELLING 58733 094756 5822.5515 COST OF GOODS SOLD MIX 50TH ST SELLING 58564 68457 5822.5513 COST OF GOODS SOLD WINE 50TH ST SELLING 58565 68498 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING 58734 68860 5822.5513 COST OF GOODS SOLD WINE 50TH ST SELLING 58735 17141 5822.5513 COST OF GOODS SOLD WINE 50TH ST SELLING 58736 67822 5822.5513 COST OF GOODS SOLD WINE 50TH ST SELLING 58566 130750 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING 58737 130960 5862.5513 COST OF GOODS SOLD WINE VERNON SELLING 58518 0322 - 363. 655-02 1551.6185 6 58826 US12536 -IN 5210.6180 Payment Instrument Totals Check Total 1,055,788.79 Total Payments 1,055,788.79 LIGHT & POWER CONTRACTED REPAIRS CITY HALL GENERAL GOLF DOME PROGRAM R55CKSUM LOG20000 CITY OF EDINA Council Check Summary 2/1012003 - 2/13/2003 Company Amount 01000 GENERAL FUND 202,137.87 02100 CDBG FUND 108,945.00 02200 COMMUNICATIONS FUND 1,491.70 04000 WORKING CAPITAL FUND 17,394.94 04800 CONSTRUCTION FUND 92,710.03 05100 ART CENTER FUND 2,940.45 05200 GOLF DOME FUND 7,491.80 05300 AQUATIC CENTER FUND 46.88 05400 GOLF COURSE FUND 5,443.22 05500 ICE ARENA FUND 11,068.34 05600 EDINBOROUGH/CENT LAKES FUND 5,205.26 05800 LIQUOR FUND 145,913.04 05900 UTILITY FUND 331,437.61 05930 STORM SEWER FUND 92,343.95 05950 RECYCLING FUND 31,218.70 Report Totals 1,055,788.79 i i We confirm to the best of our knowledge and belief, that these claims comply in all material respects with the requirements of the City of Edina purchasing pglicies and procedures City Manager 2/13/2003 8:27:47 Page - 1 To: Mayor & City Council From: John Wallin Finance Director Date: February 18 2003 Subject: General Obligation. Refunding and Utility Bonds, and Equipment Certificates REPORURECOMMENDATION Agenda Item # VI_B Consent ❑ Information Only ❑ Mgr. Recommends ❑ To HRA ® To Council Action ❑ Motion ® Resolution ❑ Ordinance ❑ Discussion Recommendation: Approve the attached resolutions for the $1,540,000 General Obligation Equipment Certificates of Indebtedness, Series 2003A; $6,640,000 General Obligation Tax Increment Refunding Bonds, Series 200313; $3,200,000 General Obligation Water and Sewer Revenue Bonds, Series 2003C. Info /Background: The attached Resolutions for the Bonds are as follows: $1,540,000 General Obligation Equipment Certificates of Indebtedness, Series 2003A; $6,640,000 General Obligation Tax Increment Refunding Bonds, Series 200313; $3,200,000 General Obligation Water and Sewer Revenue Bonds, Series 2003C as drafted by Dorsey & Whitney. The bids will be received and tabulated by the City's financial advisor Ehlers & Associates, Inc. on Tuesday, February 18. The bids and Ehlers & Associates' analysis will be presented to the City Council at the February 18 Council meeting. 0 t CERTIFICATION OF MINUTES RELATING TO $1,540,000 GENERAL OBLIGATION EQUIPMENT CERTIFICATES, SERIES 2003A Issuer: City of Edina, Minnesota Governing body: City Council Kind, date, time and place of meeting: A regular meeting held on February 18, 2003, at 7:00 o'clock P.M., at the Edina City Hall. Members present: Members absent: Documents attached: Minutes of said meeting including (pages) 1 through 18: RESOLUTION NO. 2003-20 RESOLUTION RELATING TO $1,540,000 GENERAL OBLIGATION EQUIPMENT CERTIFICATES, SERIES 2003A; AUTHORIZING THE ISSUANCE, AWARDING THE SALE, FIXING THE FORM AND DETAILS, AND PROVIDING FOR THE EXECUTION AND DELIVERY THEREOF AND LEVYING AD VALOREM TAXES FOR THE PAYMENT THEREOF I, the undersigned, being the duly qualified and acting recording officer of the public corporation issuing the obligations referred to in the title of this certificate, certify that the documents attached hereto, as described above, have been carefully compared with the original records of the corporation in my legal custody, from which they have been transcribed; that the documents are a correct and complete transcript of the minutes of a meeting of the governing body of the corporation, and correct and complete copies of all resolutions and other actions taken and of all documents approved by the governing body at the meeting, insofar as they relate to the obligations; and that the meeting was duly held by the governing body at the time and place and was attended throughout by the members indicated above, pursuant to call and notice given as required by law. WITNESS my hand officially as such recording officer this day of February, 2003. Debra Mangen, City Clerk R It was reported that (_) proposals had been received prior to 12:00 Noon, Central Time today for the purchase of $1,540,000 General Obligation Equipment Certificates, Series 2003A in accordance with the Official Statement distributed by the City to potential purchasers of the Certificates. The proposals have been read and tabulated, and the terms of each have been determined to be as follows: Name of Interest Bidder Bid for Principal Rates Net Interest Cost [See Attached] f its adoption: Councilmember then introduced the following resolution and moved RESOLUTION NO. 2003-20 RESOLUTION RELATING TO $1,540,000 GENERAL OBLIGATION EQUIPMENT CERTIFICATES, SERIES 2003A; AUTHORIZING THE ISSUANCE, AWARDING THE SALE, FIXING THE FORM AND DETAILS, AND PROVIDING FOR THE EXECUTION AND DELIVERY THEREOF AND LEVYING AD VALOREM TAXES FOR THE PAYMENT THEREOF BE IT RESOLVED by the City Council (the "Council ") of the City of Edina, Minnesota (the City), as follows: Section 1. Authorization and Sale. 1.01. Authorization. This Council has heretofore determined that it is necessary and expedient for the City to issue and sell its General Obligation Equipment Certificates, Series 2003A in the principal amount of $1,540,000, $ of such amount representing interest as provided in Minnesota Statutes, Section 475.56, to finance the purchase of equipment for installation in the City's new municipal facilities and other capital equipment having at least a 5 -year useful life pursuant to Minnesota Statutes, Section 412.301. The obligations shall be general obligation negotiable securities denominated General Obligation Equipment Certificates, Series 2003A, issued in the aggregate principal amount of $1,540,000 (the "Certificates "). The principal amount of the Certificates does not exceed 0.25 percent of the market value of taxable property in the City. 1.02. Sale of the Certificates. The City has retained Ehlers & Associates, Inc., an independent financial advisor, to assist the City in connection with the sale of the Certificates. The Certificates are being sold pursuant to Minnesota Statutes, Section 475.60, Subdivision 2, paragraph (9), without meeting the requirements for public sale under Minnesota Statutes, Section 475.60, Subdivision 1. Pursuant to the Terms and Conditions of Sale for the Certificates, (� proposals for the purchase of the Certificates were received at or before the time specified for receipt of bids. The proposals have been publicly read and considered, and the purchase price, interest rates and net interest cost under the terms of each bid have been determined. The most favorable proposal received is that of of (the "Purchaser "), to purchase the Certificates at a price of $ , the Certificates to bear interest at the rates set forth in Section 3.01. The proposal is hereby accepted, and the Mayor and the City Manager are hereby authorized and directed to execute a contract on the part of the City for the sale of the Certificates with the Purchaser. The good faith checks of the unsuccessful bidders shall be returned forthwith. 1.03. Issuance of Certificates. 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 Certificates having been done, existing, having happened and having been performed, it is now necessary for this Council to establish the form and terms of the Certificates, to provide security therefor and to issue the Certificates forthwith. Section 2. Form of Certificates. The Certificates shall be prepared in substantially the following form: R-_ UNITED STATES OF AMERICA STATE OF MINNESOTA COUNTY OF HENNEPIN CITY OF EDINA GENERAL OBLIGATION EQUIPMENT CERTIFICATE, SERIES 2003A Date of Rate Maturi Original Issue February 1, March 1, 2003 REGISTERED OWNER: CEDE & CO. PRINCIPAL AMOUNT: CUSIP DOLLARS THE CITY OF EDINA, Hennepin County, Minnesota (the "City"), acknowledges itself to be indebted and, for value received, hereby promises to pay to the registered owner named above, the principal amount specified above, on the maturity date set forth above, without option of prior payment, with interest thereon from the date of original issue set forth above, at the annual rate set forth above computed on the basis of a 360 -day year consisting of twelve 30- day months, on February 1 and August 1 in each year, commencing August 1, 2003, to the person in whose name this Certificate is registered at the close of business on the 15th day (whether or not a business day) of the immediately preceding month. The interest hereon and, upon presentation and surrender hereof, the principal hereof, are payable in lawful money of the United States of America by check or draft drawn on the office of the City Finance Director, in Edina, Minnesota, as Registrar, Transfer Agent and Paying Agent (the "Certificate Registrar "), or its successor designated under the Resolution described herein, the principal hereof, are payable in lawful money of the United States of America by check or draft of the City or the Certificate Registrar if a successor to the City Finance Director as Certificate Registrar has been designated under the Resolution described herein. -2- This Certificate is one of an issue in the aggregate principal amount of $1,540,000 (the "Certificates'), issued pursuant to a resolution adopted by the City Council on February 18, 2003 (the "Resolution ") to finance the purchase of equipment for installation in the City's new municipal facilities and other capital equipment by the City, and is issued pursuant to and in full conformity with the provisions of the Constitution and laws of the State of Minnesota thereunto enabling, including Minnesota Statutes, Section 412.301 and Chapter 475. For the full and prompt payment of the principal and interest on the Certificates as the same become due, the full faith, credit and taxing power of the City have been and are irrevocably pledged. The Certificates are issuable only as fully registered certificates, in denominations of $5,000 or any multiple thereof, of single maturities. The Certificates are payable on their respective stated maturity dates without option of prior payment. The Certificates have been designated by the City as "qualified tax- exempt obligations" pursuant to Section 265(b) of the Internal Revenue Code of 1986, as amended. As provided in the Resolution and subject to certain limitations set forth therein, this Certificate is transferable upon the books of the City at the principal office of the Certificate Registrar, by the registered owner hereof in person or by his attorney duly authorized in writing upon surrender hereof together with a written instrument of transfer satisfactory to the Certificate Registrar, duly executed by the registered owner or his attorney; and may also be surrendered in exchange for Certificates of other authorized denominations. Upon such transfer or exchange, the City will cause a new Certificate or Certificates to be issued in the name of the transferee or registered owner, of the same aggregate principal amount, bearing interest at the same rate and maturing on the same date, subject to reimbursement for any tax, fee or governmental charge required to be paid with respect to such transfer or exchange. The City and the Certificate Registrar may deem and treat the person in whose name this Certificate is registered as the absolute owner hereof, whether this Certificate is overdue or not, for the purpose of receiving payment and for all other purposes, and neither the City nor the Certificate Registrar shall be affected by any notice to the contrary. IT IS HEREBY CERTIFIED, RECITED, COVENANTED AND AGREED that all acts, conditions and things required by the Constitution and laws of the State of Minnesota to be done, to exist, to happen and to be performed precedent to and in the issuance of this Certificate in order to make it a valid and binding general obligation of the City according to its terms have been done, do exist, have happened and have been performed in regular and due form as so required; that prior to the issuance hereof, the City has levied ad valorem taxes upon all taxable property within the City collectible in the years and amounts required to produce sums not less than five percent in excess of the principal of and interest on the Certificates as such principal and interest respectively become due, and has appropriated the same to the sinking fund in the manner specified in Minnesota Statutes, Section 475.61; that, in the event of any accumulated or anticipated deficiency in the sinking fund, additional ad valorem taxes are required by law to be levied upon all taxable property in the City without limitation as to rate or amount; and that the issuance of this Certificate does not cause the indebtedness of the City to exceed any constitutional or statutory limitation. -3- This Certificate shall not be valid or become obligatory for any purpose or be entitled to any security or benefit under the Resolution until the Certificate of Authentication hereon shall have been executed by the Certificate Registrar by manual signature of one of the authorized representatives of the Certificate Registrar. IN WITNESS WHEREOF, the City of Edina, Hennepin County, State of Minnesota, by its City Council, has caused this Certificate to be executed by the Mayor and the City Manager and has caused this Certificate to be dated as of the date set forth below. City Manager CITY OF EDINA Mayor CERTIFICATE OF AUTHENTICATION This is one of the Certificates delivered pursuant to the Resolution mentioned within. Date of Authentication: Lo City Finance Director, as Certificate Registrar The following abbreviations, when used in the inscription on the face of this Certificate, shall be construed as though they were written out in full according to the 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 UNIF TRANS MIN ACT....... Custodian ...... (Cust) (Minor) under Uniform Transfers to Minors Act ............... (State) Additional abbreviations may also be used. -4- ASSIGNMENT FOR VALUE RECEIVED the undersigned hereby sells, assigns and transfers unto the within Certificate and all rights thereunder, and hereby irrevocably constitutes and appoints to transfer the within Certificate on the books kept for registration thereof, substitution in the premises. Dated: PLEASE INSERT SOCIAL SECURITY OR OTHER IDENTIFYING NUMBER OF ASSIGNEE: attorney with full power of NOTICE: The signature to this assignment must correspond with the name as it appears upon the face of the within Certificate in every particular, without alteration or enlargement or any change whatsoever. Signature(s) must be guaranteed by an "eligible guarantor institution" meeting the requirements of the Certificate Registrar, which requirements include membership or participation in the Securities Transfer Association Medalion Program (STAMP) or such other "signature guaranty program" as may be determined by the Certificate Registrar in addition to or in substitution for STAMP, all in accordance with the Securities Exchange Act of 1934, as amended. [End of Bond Form] Section 3. Terms Execution and Delivery. 3.01. Maturities Interest Rates Denominations Payment, Dating of Certificates. The City shall forthwith issue and deliver the Certificates, which shall be denominated "General Obligation Equipment Certificates, Series 2003A" and shall be payable primarily from the Sinking Fund created in Section 4.01 hereof. The Certificates shall be dated initially as of March 1, 2003, shall be issuable in the denomination of $5,000 each or any integral multiple thereof, shall mature on February 1 in the years and amounts set forth below, without option of prior payment, and Certificates maturing in such years and amounts shall bear interest from date of issue until paid at the rates per annum shown opposite such years and amounts as follows: Ws Year Amount Rate 2004 $545,000 % 2005 555,000 2006 145,000 2007 150,000 2008 150,000 The Certificates shall be issuable only in fully registered form of single maturities. The interest thereon and, upon surrender of each Certificate at the principal office of the Registrar described herein, the principal amount thereof, shall be payable by check or draft issued by the Registrar. Each Certificate shall be dated by the Registrar as of the date of authentication 3.02. Interest Payment Dates. Interest on the Certificates shall be payable on February 1 and August 1 in each year, commencing August 1, 2003 to the owners thereof as such appear of record as of the close of business on the fifteenth day of the immediately preceding month, whether or not such day is a business day. Interest on the Certificates shall be computed on the basis of a 360 -day year consisting of twelve 30 -day months and will be rounded pursuant to the rules of the Municipal Securities Rulemaking Board. 3.03. Registration. The City shall appoint, and shall maintain, a bond registrar, transfer agent and paying agent (the Registrar). The effect of registration and the rights and duties of the City and the Registrar with respect thereto shall be as follows: (a) Register. The Registrar shall keep at its principal corporate trust office a bond register in which the Registrar shall provide for the registration of ownership of Certificates and the registration of transfers and exchanges of Certificates entitled to be registered, transferred or exchanged. (b) Transfer of Certificates. Upon surrender to the Registrar for transfer of any Certificate duly endorsed by the registered owner thereof or accompanied by a written instrument of transfer, in form satisfactory to the Registrar, duly executed by the registered owner thereof or by an attorney duly authorized by the registered owner in writing, the Registrar shall authenticate and deliver, in the name of the designated transferee or transferees, one or more new Certificates of a like aggregate principal amount and maturity, as requested by the transferor. The Registrar may, however, close the books for registration of any transfer after the fifteenth day of the month preceding each interest payment date and until such interest payment date. (c) Exchange of Certificates. Whenever any Certificate is surrendered by the registered owner for exchange, the Registrar shall authenticate and deliver one or more new Certificates of a like aggregate principal amount and maturity, as requested by the registered owner or the owner's attorney duly authorized in writing. !roll (d) Cancellation. All Certificates surrendered upon any transfer or exchange shall be promptly canceled by the Registrar and thereafter disposed of as directed by the City. (e) Improper or Unauthorized Transfer. When any Certificate is presented to the Registrar for transfer, the Registrar may refuse to transfer the same until it is satisfied that the endorsement on such Certificate or separate instrument of transfer is legally authorized. The Registrar shall incur no liability for its refusal, in good faith, to make transfers which it, in its judgment, deems improper or unauthorized. (f) Persons Deemed Owners. The City and the Registrar may treat the person in whose name any Certificate is at any time registered in the bond register as the absolute owner of such Certificate, whether such Certificate shall be overdue or not, for the purpose of receiving payment of, or on account of, the principal of and interest on such Certificate and for all other purposes, and all such payments so made to any such registered owner or upon the owner's order shall be valid and effectual to satisfy and discharge the liability of the City upon such Certificate to the extent of the sum or sums so paid. (g) Taxes, Fees and Charges. For every transfer or exchange of Certificates, the Registrar may impose a charge upon the owner thereof sufficient to reimburse the Registrar for any tax, fee or other governmental charge required to be paid with respect to such transfer or exchange. (h) Mutilated Lost Stolen or Destroyed Certificates. In case any Certificate shall become mutilated or be lost, stolen or destroyed, the Registrar shall deliver a new Certificate of like amount, number, maturity date and tenor in exchange and substitution for and upon cancellation of any such mutilated Certificate or in lieu of and in substitution for any such Certificate lost, stolen or destroyed, upon the payment of the reasonable expenses and charges of the Registrar in connection therewith; and, in the case of a Certificate lost, stolen or destroyed, upon filing with the Registrar of evidence satisfactory to it that such Certificate was lost, stolen or destroyed, and of the ownership thereof, and upon furnishing to the Registrar of an appropriate bond or indemnity in form, substance and amount satisfactory to it, in which both the City and the Registrar shall be named as obligees. All Certificates so surrendered to the Registrar shall be canceled by it and evidence of such cancellation shall be given to the City. If the mutilated, lost, stolen or destroyed Certificate has already matured or been called for redemption in accordance with its terms, it shall not be necessary to issue a new Certificate prior to payment. 3.04. Appointment of Initial Re ig stray. The City hereby appoints the City Finance Director, as the initial Registrar. In the event that the City determines to discontinue the book entry-only system for the Certificates as described in paragraph (c) of Section 3.07, or DTC, as defined in Section 3.07, determines to discontinue providing its services with respect to the Certificates and a new securities depository is not appointed for the Bonds, the City will designate a suitable bank or trust company to act as successor Registrar if the City Finance Director is then acting as Registrar. The City reserves the right to remove any Registrar upon -7- thirty (30) days' notice and upon the appointment of a successor Registrar, in which event the predecessor Registrar shall deliver all cash and Certificates in its possession to the successor Registrar. 3.05. Redemption. The Certificates are not subject to redemption prior to maturity. 3.06. Preparation and Delivery. The Certificates shall be prepared under the direction of the City Manager and shall be executed on behalf of the City by the signatures of the Mayor and the City Manager. In case any officer whose signature, or a facsimile of whose signature, shall appear on the Certificates shall cease to be such officer before the delivery of any Certificate, such signature or facsimile shall nevertheless be valid and sufficient for all purposes, the same as if such officer had remained in office until delivery. Notwithstanding such execution, no Certificate shall be valid or obligatory for any purpose or entitled to any security or benefit under this resolution unless and until a certificate of authentication on such Certificate has been duly executed by the manual signature of the Registrar, or in the event the City Finance Director is no longer acting as Registrar, an authorized representative of the Registrar.. Certificates of authentication on different Certificates need not be signed by the same representative. The executed certificate of authentication .on each Certificate shall be conclusive evidence that it has been authenticated and delivered under this resolution. When the Certificates have been so executed and authenticated, they shall be delivered by the City Finance Director to the Purchaser upon payment of the purchase price in accordance with the contract of sale heretofore made and,executed, and the Purchaser shall not be obligated to see to the application of the purchase price. 3.07. Securities Depository. (a) For purposes of this Section the following terms shall have the following meanings: "Beneficial Owner" shall mean, whenever used with respect to a Certificate, the person in whose name such Certificate is recorded as the beneficial owner of such Certificate by a Participant on the records of such Participant, or such person's subrogee. "Cede & Co." shall mean Cede & Co., the nominee of DTC, and any successor nominee of DTC with respect to the Certificates. "DTC" shall mean The Depository Trust Company of New York, New York. "Participant" shall mean any broker - dealer, bank or other financial institution for which DTC holds Certificates as securities depository. "Representation Letter" shall mean the Representation Letter from the City to DTC previously executed by the City and on file with DTC. (b) The Certificates shall be initially issued as separately authenticated fully registered bonds, and one Certificate shall be issued in the principal amount of each stated maturity of the Certificates. Upon initial issuance, the ownership of such Certificates shall be registered in the bond register in the name of Cede & Co., as nominee of DTC. The Registrar -8- and the City may treat DTC (or its nominee) as the sole and exclusive owner of the Certificates registered in its name for the purposes of payment of the principal of or interest on the Certificates, selecting the Certificates or portions thereof to be redeemed, if any, giving any notice permitted or required to be given to registered owners of Certificates under this resolution, registering the transfer of Certificates, and for all other purposes whatsoever; and neither the Registrar nor the City shall be affected by any notice to the contrary. Neither the Registrar nor the City shall have any responsibility or obligation to any Participant, any person claiming a beneficial ownership interest in the Certificates under or through DTC or any Participant, or any other person which is not shown on the bond register as being a registered owner of any Certificates, with respect to the accuracy of any records maintained by DTC or any Participant, with respect to the payment by DTC or any Participant of any amount with respect to the principal of or interest on the Certificates, with respect to any notice which is permitted or required to be given to owners of Certificates under this resolution, with respect to the selection by DTC or any Participant of any person to receive payment in the event of a partial redemption of the Certificates, or with respect to any consent given or other action taken by DTC as registered owner of the Certificates. So long as any Certificate is registered in the name of Cede & Co., as nominee of DTC, the Registrar shall pay all principal of and interest on such Certificate, and shall give all notices with respect to such Certificate, only to Cede & Co. in accordance with the Representation Letter, and all such payments shall be valid and effective to fully satisfy and discharge the City's obligations with respect to the principal of and interest on the Certificates to the extent of the sum or sums so paid. No person other than DTC shall receive an authenticated Certificate for each separate stated maturity evidencing the obligation of the City to make payments of principal and interest. Upon delivery by DTC to the Registrar of written notice to the effect that DTC has determined to substitute a new nominee in place of Cede & Co., the Certificates will be transferable to such new nominee in accordance with paragraph (d) hereof. (c) In the event the City determines that it is in the best interest of the Beneficial Owners that they be able to obtain Certificates in the form of certificates, the City may notify DTC and the Registrar, whereupon DTC shall notify the Participants of the availability through DTC of Certificates in the form of certificates. In such event, the Certificates will be transferable in accordance with paragraph (d) hereof. DTC may determine to discontinue providing its services with respect to the Certificates at any time by giving notice to the City and the Registrar and discharging its responsibilities with respect thereto under applicable law. In such event the Certificates will be transferable in accordance with paragraph (d) hereof. (d) In the event that any transfer or exchange of Certificates is permitted under paragraph (b) or (c) hereof, such transfer or exchange shall be accomplished upon receipt by the Registrar of the Certificates to be transferred or exchanged and appropriate instruments of transfer to the permitted transferee in accordance with the provisions of this resolution. In the event Certificates in the form of certificates are issued to owners other than Cede & Co., its successor as nominee for DTC as owner of all the Certificates, or another securities depository as owner of all the Certificates, the provisions of this resolution shall also apply to all matters relating thereto, including, without limitation,'the printing of such Certificates in the form of certificates and the method of payment of principal of and interest on such Certificates in the form of certificates. -9- Section 4. Security Provisions. 4.01. Sinking Fund. So long as any of the Certificates are outstanding and any principal thereof or interest thereon unpaid, the City Finance Director shall-maintain a separate and special bookkeeping account designated as the "2003 Certificates of Indebtedness Sinking. Fund" (the "Sinking Fund ") to be used for no purpose other than the payment of the principal of and interest on the Certificates and on such other certificates of indebtedness of the City as have been or may be directed to be paid therefrom. The City irrevocably appropriates to the Sinking Fund (a) any taxes levied in accordance with this resolution, and (b) such other moneys as shall be received and appropriated to the Sinking Fund from time to time. If the balance in the Sinking Fund is at any time insufficient to pay all interest and principal then due on all bonds payable therefrom, the payment shall be made from any fund of the City which is available for that purpose, subject to reimbursement from the Sinking Fund when the balance therein is sufficient. There are hereby established two accounts in the Sinking Fund, designated as the "Debt Service Account" and the "Surplus Account." All money appropriated or to be deposited in the Bond Fund shall be deposited as received into the Debt Service Account. On each February 1, the City Finance Director shall determine the amount on hand in the Debt Service Account. If such amount is in excess of one - twelfth of the debt service payable from the Sinking Fund in the immediately preceding 12 months, the City Finance Director shall promptly transfer the amount in excess to the Surplus Account. The City appropriates to the Surplus Account any amounts to be transferred thereto from the Debt Service Account as herein provided and all income derived from the investment of amounts on hand in the Surplus Account. If at any time the amount on hand in the Debt Service Account is insufficient to meet the requirements of the Sinking Fund, the City Finance Director shall transfer to the Debt Service Account amounts on hand in the Surplus Account to the extent necessary to cure such deficiency. 4.02. Full Faith and Credit. For the prompt and full payment of the principal of and interest on the Certificates as the same respectively become due, the full faith, credit and taxing powers of the City shall be and are hereby irrevocably pledged. To provide moneys for the payment of principal and interest, on the Certificates, there. is hereby levied upon all of the taxable property. in the City, a direct, general, ad valorem tax which shall be spread upon the tax rolls collectible in the years and in the amounts as follows, together with and as a part of other general taxes of the City: -10- Levy Collection Year Year Amount 2003 2004 2004 2005 2005 2006 2006 2007 The foregoing tax levies together with amounts previously levied by the City for payment of the Certificates in 2002 for collection in 2003 are such that if collected in full they will produce amounts at least 5% in excess of the sums needed to pay when due the principal of and interest on the Certificates. Said tax shall be irrepealable as long as any of the Certificates are outstanding and unpaid; provided, that the City reserves the right and power to reduce the levies in the manner and to the extent permitted by Minnesota Statutes, Section 475.61. If the money on hand in the Sinking Fund should at any time be insufficient to pay principal and interest due on the Certificates, such amounts shall be paid from any other fund of the City and such other fund shall be reimbursed from the proceeds of all taxes levied pursuant to this resolution and all other moneys received for or appropriated to the payment of the Certificates and interest thereon. Section 5. County Auditor Certification of Proceedings, Investment of Moneys and Arbitrage. 5.01. County Auditor Registration. The City Clerk is hereby authorized and directed to file a certified copy of this resolution with the County Auditor of Hennepin County, together with such other information as the County Auditor shall require, and to obtain from said County Auditor a certificate that the Certificates have been entered on his bond register and the taxes described in Section 4.02 hereof have been levied as required by law. 5.02. Certification of Proceedings. The officers of the City and the County Auditor of Hennepin County are hereby authorized and directed to prepare and furnish to the purchaser of the Certificates and to Dorsey & Whitney LLP, Bond Counsel, certified copies of all proceedings and records of the City, and such other affidavits, certificates and information as may be required to show the facts relating to the legality and marketability of the Certificates as the same appear from the books and records under their custody and control or as otherwise known to them, and all such certified copies, certificates and affidavits, including any heretofore furnished, shall be deemed representations of the City as to the facts recited therein. 5.03. Tax Covenant. The City covenants and agrees with the holders from time to time of the Certificates 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 Certificates 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 Certificates will not become subject to taxation under the Code and the Regulations. The. City represents and covenants that the City will be the owner of all equipment financed by the Certificates and equipment is available for use by all members of the general public on a substantially equal basis. So long as the Certificates -11- are outstanding, the City will not enter into any lease, use agreement or other contract or agreement respecting said equipment which would cause the Certificates to be considered "private activity bonds" or "private loan bonds" pursuant to the provisions of Section 141 of the Code. 5.04 Exemption from Rebate Requirement. For purposes of complying with the requirements of Section 148(f)(4)(D) of the Code relating to the exemption of certain small governmental units from the rebate requirements of the Code, the City represents that: (i) the City is a governmental unit with general taxing powers; (ii) the Certificates are not "private activity bonds" as defined in Section 141 of the Code ( "Private Activity Bonds "); (iii) ninety -five percent of the net proceeds of the Certificates are to be used for the local governmental purposes of the City; and (iv) the aggregate face amount of all tax- exempt bonds (other than Private Activity Bonds and refunding bonds not taken into account under Section 148(f)(4)(D)(i)(IV) of the Code pursuant to Section 148(f)(4)(D)(iii) of the Code) issued by the City in 2003 is not reasonably expected to exceed $5,000,000 with respect to the Certificates. Therefore, pursuant to the provisions of Section 148(f)(4)(D) of the Code, the City shall not be required to comply with the arbitrage rebate requirements of paragraphs (2) and (3) of Section 148(f) of the Code. 5.05. Interest Disallowance. The City hereby designates the Certificates as "qualified tax- exempt obligations" for purpose of Section 265(b) of the Code relating to the disallowance of interest expenses for financial institutions. The City represents that in calendar year 2003 it does not reasonably expect to issue tax- exempt obligations which are not private activity bonds (not treating qualified 501(c)(3) bonds under Section 145 of the Code as private activity bonds for purposes of this representation) or refunding bonds not taken into account under Section 265(b)(3)(C)(ii)(III) in an amount in excess of $10,000,000. 5.06. Arbitrage Certification. The Mayor and City Manager, being the officers of the City charged with the responsibility for issuing the Certificates 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 Section 1.148 of the Regulations, stating the facts, estimates and circumstances in existence on the date of issue and delivery of the Certificates which make it reasonable to expect that the proceeds of the Certificates will not be used in a manner that would cause the Certificates to be arbitrage bonds within the meaning of the Code and Regulations. Section 6. Official Statement. The Official Statement relating to the Certificates, dated February _, 2003, prepared and distributed on behalf of the City by Evensen Dodge Inc., is hereby approved. Ehlers & Associates, Inc. is hereby authorized on behalf of the City to -12- prepare and distribute to the Purchaser 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 Certificates 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 City shall deliver to the Purchaser a reasonable number of copies of the Official Statement and such supplement. The officers of the City are hereby authorized and directed to execute such certificates as may be appropriate concerning the accuracy, completeness and sufficiency of the Official Statement. Section 7. Continuing_ Disclosure. (a) Purpose and Beneficiaries. To provide for the public availability of certain information relating to the Certificates and the security therefor and to permit the original purchaser and other participating underwriters in the primary offering of the Certificates to comply with amendments to Rule 15c2 -12 promulgated by the Securities and Exchange Commission (the "SEC ") under the Securities Exchange Act of 1934 (17 C.F.R. § 240.15c2 -12), relating to continuing disclosure (as in effect and interpreted from time to time, the "Rule "), which will enhance the marketability of the Certificates, the City hereby makes the following covenants and agreements for the benefit of the Owners (as hereinafter defined) from time to time of the Outstanding Certificates. The City is the only "obligated person" in respect of the Certificates within the meaning of the Rule for purposes of identifying the entities in respect of which continuing disclosure must be made. If the City fails to comply with any provisions of this Section 7, any person aggrieved thereby, including the Owners of any Outstanding Certificates, may take whatever action at law or in equity may appear necessary or appropriate to enforce performance and observance of any agreement or covenant contained in this Section 7, including an action for a writ of mandamus or specific performance. Direct, indirect, consequential and punitive damages shall not be recoverable for any default hereunder to the extent permitted by law. Notwithstanding anything to the contrary contained herein, in no event shall a default under this Section 7 constitute a default under the Certificates or under any other provision of this resolution. As used in this Section 7, "owner" means, in respect of a Certificate, the registered owner or owners thereof appearing in the bond register maintained by the Registrar or any `Beneficial Owner" (as hereinafter defined) thereof, if such Beneficial Owner provides to the Registrar evidence of such beneficial ownership in form and substance reasonably satisfactory to the Registrar. As used herein, "Beneficial Owner" means, in respect of a Certificate, any person or entity which (i) has the power, directly or indirectly, to vote or consent with respect to, or to dispose of ownership of, such Certificate (including persons or entities holding Certificates through nominees, depositories or other intermediaries), or (b) is treated as the owner of the Certificate for federal income tax purposes. As used herein, "Outstanding" when used as of any particular time with reference to Certificates means all Certificates theretofore, or thereupon being, authenticated and delivered by the Registrar under this Resolution except (i) Certificates theretofore canceled by the Registrar or surrendered to the Registrar for cancellation; (ii) Certificates with respect to which the liability of the City has been -13- discharged in accordance with Section 8 hereof; and (iii) Certificates for the transfer or exchange or in lieu of or in substitution for which other Certificates shall have been authenticated and delivered by the Registrar pursuant to this Resolution. (b) Information To Be Disclosed. The City will provide, in the manner set forth in subsection (c) hereof, either directly or indirectly through an agent designated by the City, the following information at the following times: (1) on or before 365 days after the end of each fiscal year of the City, commencing with the fiscal year ending December 31, 2002 the following financial information and operating data in respect of the City (the "Disclosure Information "): (A) the audited financial statements of the City for such fiscal year, accompanied by the audit report and opinion of the accountant or government auditor relating thereto, as permitted or required by the laws of the State of Minnesota, containing balance sheets as of the end of such fiscal year and a statement of operations, changes in fund balances and cash flows for the fiscal year then ended, showing in comparative form such figures for the preceding fiscal year of the City, prepared in accordance with generally accepted accounting principles promulgated by the Financial Accounting Standards Board as modified in accordance with the governmental accounting standards promulgated by the Governmental Accounting Standards Board or as otherwise provided under Minnesota law, as in effect from time to time, or, if and to the extent such financial statements have not been prepared in accordance with such generally accepted accounting principles for reasons beyond the reasonable control of the City, noting the discrepancies therefrom and the effect thereof, and certified as to accuracy and completeness in all material respects by the fiscal officer of the City; and (B) To the extent not included in the financial statements referred to in paragraph (A) hereof, the information for such fiscal year or for the period most recently available of the type set forth below, which information may be unaudited, but is to be certified as to accuracy and completeness in all material respects by the City's financial officer to the best of his or her knowledge, which certification may be based on the reliability of information obtained from governmental or third party sources: Current Property Valuations; Direct Debt; Tax Levies and Collections; Population Trend; Employment/Unemployment. Notwithstanding the foregoing paragraph, if the audited financial statements are not available by the date specified, the City shall provide on or before such date unaudited financial statements in the format required for the audited financial statements as part of the Disclosure Information and, within 10 days after the receipt thereof, the City shall provide the audited financial statements. -14- Any or all of the Disclosure Information may be incorporated by reference, if it is updated as required hereby, from other documents, including official statements, which have been submitted to each of the repositories hereinafter referred to under subsection (b) or the SEC. If the document incorporated by reference is a final official statement, it must be available from the Municipal Securities Rulemaking Board. The City shall clearly identify in the Disclosure Information each document so incorporated by reference. If any part of the Disclosure Information can no longer be generated because the operations of the City have materially changed or been discontinued, such Disclosure Information need no longer be provided if the City includes in the Disclosure Information a statement to such effect; provided, however, if such operations have been replaced by other City operations in respect of which data is not included in the Disclosure Information and the City determines that certain specified data regarding such replacement operations would be a Material Fact (as defined in paragraph (2) hereof), then, from and after such determination, the Disclosure Information shall include such additional specified data regarding the replacement operations. If the Disclosure Information is changed or this Section 7 is amended as permitted by this paragraph (b)(1) or subsection (d), then the City shall include in the next Disclosure Information to be delivered hereunder, to the extent necessary, an explanation of the reasons for the amendment and the effect of any change in the type of financial information or operating data provided. (2) In a timely manner, notice of the occurrence of any of the following events which is a Material Fact (as hereinafter defined): (A) Principal and interest payment delinquencies; (B) Non - payment related defaults; (C) Unscheduled draws on debt service reserves reflecting financial difficulties; (D) Unscheduled draws on credit enhancements reflecting financial difficulties; (E) Substitution of credit or liquidity providers, or their failure to perform; (F) Adverse tax opinions or events affecting the tax- exempt status of the security; (G) Modifications to rights of security holders; (H) Bond calls; (I) Defeasances; (J) Release, substitution, or sale of property securing repayment of the securities; and (K) Rating changes. As used herein, a "Material Fact" is a fact as to which a substantial likelihood exists that a reasonably prudent investor would attach importance thereto in deciding to buy, hold or sell a Certificate or, if not disclosed, would significantly alter the total information otherwise available to an investor from the Official Statement, information disclosed hereunder or information generally available to the public. Notwithstanding the foregoing sentence, a "Material Fact" is -15- also an event that would be deemed "material" for purposes of the purchase, holding or sale of a Certificate within the meaning of applicable federal securities laws, as interpreted at the time of discovery of the occurrence of the event. (3) In a timely manner, notice of the occurrence of any of the following events or conditions: (A) the failure of the City to provide the Disclosure Information required under paragraph (b)(1) at the time specified thereunder; (B) the amendment or supplementing of this Section 7 pursuant to subsection (d), together with a copy of such amendment or supplement and any explanation provided by the City under subsection (d)(2); (C) the termination of the obligations of the City under this Section 7 pursuant to subsection (d); (D) any change in the accounting principles pursuant to which the financial statements constituting a portion of the Disclosure Information are prepared; and (E) any change in the fiscal year of the City. (c) Manner of Disclosure. The City agrees to make available the information described in subsection (b) to the following entities by telecopy, overnight delivery, mail or other means, as appropriate: (1) the information described in paragraph (1) of subsection (b), to each then nationally recognized municipal securities information repository under the Rule and to any state information depository then designated or operated by the State of Minnesota as contemplated by the Rule (the "State Depository"), if any; (2) the information described in paragraphs (2) and (3) of subsection (b), to the Municipal Securities Rulemaking Board and to the State Depository, if any; and (3) the information described in subsection (b), to any rating agency then maintaining a rating of the Certificates and, at the expense of such Bondowner, to any Bondowner who requests in writing such information, at the time of transmission under paragraphs (1) or (2) of this subsection (c), as the case may be, or, if such information is transmitted with a subsequent time of release, at the time such information is to be released. (d) Term, Interpretation. (1) The covenants of the City in this Section 7 shall remain in effect so long as any Certificates are Outstanding. Notwithstanding the preceding sentence, however, the obligations of the City under this Section 7 shall terminate and be without further effect as of any date on which the City delivers to the Registrar an opinion of Bond Counsel to the effect that, because of legislative action or final judicial or administrative actions or proceedings, the failure -16- of the City to comply with the requirements of this Section 7 will not cause participating underwriters in the primary offering of the Certificates to be in violation of the Rule or other applicable requirements of the Securities Exchange Act of 1934, as amended, or any statutes or laws successory thereto or amendatory thereof. (2) This Section 7 (and the form and requirements of the Disclosure Information) may be amended or supplemented by the City from time to time, without notice to (except as provided in paragraph (c)(3) hereof) or the consent of the Owners of any Certificates, by a resolution of the City Council filed in the office of the City Clerk of the City accompanied by an opinion of Bond Counsel, who may rely on certificates of the City and others and the opinion may be subject to customary qualifications, to the effect that: (i) such amendment or supplement (a) is made in connection with a change in circumstances that arises from a change in law or regulation or a change in the identity, nature or status of the City or the type of operations conducted by the City, or (b) is required by, or better complies with, the provisions of paragraph (b)(5) of the Rule; (ii) this Section 7 as so amended or supplemented would have complied with the requirements of paragraph (b)(5) of the Rule at the time of the primary offering of the Certificates, giving effect to any change in circumstances applicable under clause (i)(a) and assuming that the Rule as in effect and interpreted at the time of the amendment or supplement was in effect at the time of the primary offering; and (iii) such amendment or supplement does not materially impair the interests of the Owners under the Rule. If the Disclosure Information is so amended, the City agrees to provide, contemporaneously with the effectiveness of such amendment, an explanation of the reasons for the amendment and the effect, if any, of the change in the type of financial information or operating data being provided hereunder. (3) This Section 7 is entered into to comply with the continuing disclosure provisions of the Rule and should be construed so as to satisfy the requirements of paragraph (b)(5) of the Rule. Section 8. Defeasance. When all of the Certificates have been discharged as provided in this section, all pledges, covenants and other rights granted by this resolution to the holders of the Certificates shall cease. The City may discharge its obligations with respect to any Certificates which are due on any date by depositing with the paying agent on or before that date a sum sufficient for the payment thereof in full; or, if any Certificate should not be paid when due, it may nevertheless be discharged by depositing with the paying agent a sum sufficient for the payment thereof in full with interest accrued to the date of such deposit. The City may also at any time discharge its obligations with respect to any Certificates, subject to the provisions of law now or hereafter authorizing and regulating such action, by depositing irrevocably in escrow, with a bank qualified by law as an escrow agent for this purpose, cash or securities which are general obligations of the United States or securities of United States agencies which are authorized by law to be so deposited, bearing interest payable at such time and at such rates and maturing on such dates as shall be required, without reinvestment, to pay all principal and interest to become due thereon to maturity. -17- Attest: Mayor City Clerk The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Collier and upon vote being taken thereon, the following voted in favor thereof. and the following voted against the same: whereupon said resolution was declared duly passed and adopted, and was signed by the Mayor, whose signature was attested by the City Clerk. SEE COUNTY AUDITOR'S CERTIFICATE AS TO REGISTRATION OF EQUIPMENT CERTIFICATES AND TAX LEVY CITY OF EDINA, MINNESOTA I, the undersigned, being the duly qualified and acting County Auditor of Hennepin County, Minnesota, hereby certify that there has been filed in my office a certified copy of Resolution No. 2003 -20 of the City Council of the City of Edina, in said County, adopted February 18, 2003, authorizing the issuance, awarding the sale, fixing the form and details and providing for the execution, delivery and levying ad valorem taxes for the payment of $1,540,000 General Obligation Equipment Certificates, Series 2003A, of the City, dated, as originally issued, as of March 1, 2003. I further certify that said Certificates have been entered on my bond register and the tax required by law for payment of the Certificates has been levied and filed, as required by Minnesota Statutes, Sections 475.61 to 475.63. WITNESS my hand and official seal this day of March, 2003. Hennepin County Auditor (SEAL) CERTIFICATION OF MINUTES RELATING TO $6,640,000 GENERAL OBLIGATION TAX INCREMENT REFUNDING BONDS, SERIES 2003B Issuer: City of Edina, Minnesota Governing body: City Council Kind, date, time and place of meeting: A regular meeting held on February 18, 2003, at 7:00 o'clock P.M., at the Edina City Hall. Members present: Members absent: Documents attached: Minutes of said meeting including (pages): 1 through 18 RESOLUTION NO. 2003-21 RESOLUTION RELATING TO $6,640,000 GENERAL OBLIGATION TAX INCREMENT REFUNDING BONDS, SERIES 2003B; AWARDING THE SALE, FIXING THE FORM AND DETAILS AND PROVIDING FOR THE EXECUTION AND DELIVERY THEREOF AND SECURITY THEREFOR I, the undersigned, being the duly qualified and acting recording officer of the public corporation issuing the obligations referred to in the title of this certificate, certify that the documents attached hereto, as described above, have been carefully compared with the original records of the corporation in my legal custody, from which they have been transcribed; that the documents are a correct and complete transcript of the minutes of a meeting of the governing body of the corporation, and correct and complete copies of all resolutions and other actions taken and of all documents approved by the governing body at the meeting, insofar as they relate to the obligations; and that the meeting was duly held by the governing body at the time and place and was attended throughout by the members indicated above, pursuant to call and notice given as required by law. WITNESS my hand officially as such recording officer this day of 2003. Debra Mangen, City Clerk It was reported that (.—) proposals had been received prior to 12:00 Noon, Central Time today for the purchase of the $ General Obligation Tax Increment Refunding Bonds, Series 2003B of the City in accordance with the Official Statement distributed by the City to potential purchasers of the Bonds. The proposals have been read and tabulated, and the terms of each have been determined to be as follows: Bid for Interest Net Interest Name of Bidder Principal Rates Cost [See attached] Councilmember then introduced the following resolution and moved its adoption: RESOLUTION RELATING TO $6,640,000 GENERAL OBLIGATION TAX INCREMENT REFUNDING BONDS, SERIES 2003B; AWARDING THE SALE, FIXING THE FORM AND DETAILS AND PROVIDING FOR THE EXECUTION AND DELIVERY THEREOF AND SECURITY THEREFOR BE IT RESOLVED by the City Council (the "Council') of the City of Edina, Minnesota (the "City"), as follows: Section 1. Recitals Authorization and Sale of Bonds. 1.01. Authorization and Outstanding Bonds. The City has presently outstanding its General Obligation Tax Increment Refunding Bonds, Series 1993, initially dated as of May 1, 1993 (the "Prior Bonds "). This Council, by a resolution adopted on January 21, 2003, authorized the sale of General Obligation Refunding Bonds, Series 2003B (the "Bonds "), of the City, the proceeds of which would be used, together with any additional funds of the City which might be required, to refund the Prior Bonds maturing on or after February 1, 2004 ( the "Refunded Bonds "). 1.02. Sale of Bonds. The City has retained Ehlers & Associates, Inc., an independent financial advisor, to assist the City in connection with the sale of the Bonds. The Bonds are being sold pursuant to Minnesota Statutes, Section 475.60, Subdivision 2, paragraph (9), without meeting the requirements for public sale under Minnesota Statutes, Section 475.60, Subdivision 1. Pursuant to the Terms and Conditions of Sale for the Bonds, (__) proposals for the purchase of the Bonds were received at or before the time specified for receipt of proposals. The proposals have been publicly read and considered, and the purchase price, interest rates and net interest cost under the terms of each proposal have been determined. The most favorable proposal received is that of of (the "Purchaser "), to purchase the Bonds at a price of $ , the Bonds to bear interest at the rates set forth in Section 3.01. The proposal is hereby accepted, and the Mayor and the City Manager are hereby authorized and directed to execute a contract on the part of the City for the sale of the Bonds with the Purchaser. The good faith checks of the unsuccessful bidders shall be returned forthwith. 1.03. Performance of Requirements. The City is authorized by the Act to issue and sell the Bonds 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 this Council to establish the form and terms of the Bonds, to provide security therefor and to issue the Bonds forthwith. Section 2. Form of Bonds. The Bonds shall be prepared in substantially the following form: UNITED STATES OF AMERICA STATE OF MINNESOTA COUNTY OF HENNEPIN CITY OF EDINA GENERAL OBLIGATION TAX INCREMENT REFUNDING BOND, SERIES 2003B Date of Interest Rate Maturi Original Issue CUSIP February 1, March 1, 2003 REGISTERED OWNER: CEDE & CO. PRINCIPAL AMOUNT: DOLLARS THE CITY OF EDINA, Hennepin County, Minnesota (the "City"), acknowledges itself to be indebted and, for value received, hereby promises to pay to the registered owner named above, or registered assigns, the principal amount specified above, on the maturity date specified above, without option of prior payment, with interest thereon from the date of original issue specified above, or from the most recent interest payment date to which interest has been paid or duly provided for, at the annual rate specified above. Interest hereon is payable on February 1 and August 1 in each year, commencing August 1, 2003, to the person in whose name this Bond is registered at the close of business on the 15th day (whether or not a business day) of the immediately preceding month. The interest hereon and, upon presentation and surrender hereof at the office of the City Finance Director, in Edina, Minnesota, as Registrar, Transfer Agent and Paying Agent (the "Bond Registrar "), or its successor designated under the Resolution described herein, the principal hereof, are payable in lawful money of the United States of America by check or draft of the City or the Bond Registrar if a successor to the City Finance Director as Bond Registrar has been designated under the Resolution described herein. This Bond is one of an issue in the aggregate principal amount of $6,640,000 (the "Bonds ") all of like date and tenor except as to serial number, interest rate and maturity date, issued pursuant to a resolution adopted by the City Council on February 18, 2003 (the "Resolution "), for the purpose of refunding certain of the City's outstanding general obligation bonds and is issued pursuant to and in full conformity with the provisions of the Constitution and laws of the State of Minnesota thereunto enabling, including Minnesota Statutes, Section 469.178 and Chapter 475. This Bond is payable primarily from tax increments to be derived -2- from tax increment financing districts established by the Housing and Redevelopment Authority in and for the City of Edina (the "Districts ") which have been pledged to the payment of the Bonds by the Resolution. In addition, for the full and prompt payment of the principal and interest on the Bonds as the same become due, the full faith, credit and taxing power of the City have not been and are irrevocably pledged. The Bonds are issuable only as fully registered bonds in denominations of $5,000 or any multiple thereof, of single maturities.The Bonds are payable on their respective stated maturity dates without option of prior payment. As provided in the Resolution and subject to certain limitations set forth therein, this Bond is transferable upon the books of the City at the principal office of the Bond Registrar, by the registered owner hereof in person or by his attorney duly authorized in writing upon surrender hereof together with a written instrument of transfer satisfactory to the Bond Registrar, duly executed by the registered owner or his attorney; and may also be surrendered in exchange for Bonds of other authorized denominations. Upon such transfer or exchange, the City will cause a new Bond or Bonds to be issued in the name of the transferee or registered owner, of the same aggregate principal amount, bearing interest at the same rate and maturing on the same date, subject to reimbursement for any tax, fee or governmental charge required to be paid with respect to such transfer or exchange. The City and the Bond Registrar may deem and treat the person in whose name this Bond is registered as the absolute owner hereof, whether this Bond is overdue or not, for the purpose of receiving payment and for all other purposes, and neither the City nor the Bond Registrar shall be affected by any notice to the contrary. IT IS HEREBY CERTIFIED, RECITED, COVENANTED AND AGREED that all acts, conditions and things required by the Constitution and laws of the State of Minnesota to be done, to exist, to happen and to be performed precedent to and in the issuance of this Bond in order to make this Bond a valid and binding general obligation of the City according to its terms, have been done, do exist, have happened and have been performed in regular and due form as so required;. that prior to the issuance hereof the City has pledged and appropriated to a sinking fund established for the payment of the Bonds tax increments to be derived by the City from the Districts; that, if necessary for the payment of principal and interest on the Bonds, ad valorem taxes are required to be levied upon all taxable property in the City, which levy is not limited as to rate or amount; and that the issuance of this Bond does not cause the indebtedness of the City to exceed any constitutional or statutory limitation. This Bond shall not be valid or become obligatory for any purpose or be entitled to any security or benefit under the Resolution until the Certificate of Authentication hereon shall have been executed by the Bond Registrar by the manual signature of the Bond Registrar, or in the event the City Finance Director is no longer acting as Bond Registrar, one of the authorized representatives of the Bond Registrar. IN WITNESS WHEREOF, the City of Edina, Hennepin County, Minnesota, by its City Council, has caused this Bond to be executed by the facsimile signatures of the Mayor and the City Manager and has caused this Bond to be dated as of the date set forth below. -3- Date of Authentication: City Manager CITY OF EDINA Mayor CERTIFICATE OF AUTHENTICATION This is one of the Bonds delivered pursuant to the Resolution mentioned within. ON City Finance Director, as Bond Registrar 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 UNIF TRANS MIN ACT....... Custodian ....... . (Cust) (Minor) under Uniform Transfers to Minors Act...................... (State) Additional abbreviations may also be used. ASSIGNMENT FOR VALUE RECEIVED the undersigned hereby sells, assigns and transfers unto the within Bond and all rights thereunder, and hereby irrevocably constitutes and appoints -4- attorney to transfer the within Bond on the books kept for registration thereof, with full power of substitution in the premises. Dated: PLEASE INSERT SOCIAL SECURITY OR OTHER IDENTIFYING NUMBER OF ASSIGNEE: Signature(s) must be guaranteed by an "eligible guarantor institution" meeting the requirements of the Bond Registrar, which requirements include membership or participation in the Securities Transfer Association Medalion Program (STAMP) or such other "signature guaranty program" as may be determined by the Bond Registrar in addition to or in substitution for STAMP, all in accordance with the Securities Exchange Act of 1934, as amended. NOTICE: The signature(s) to this assignment must correspond with the name as it appears upon the face of the within Bond in every particular, without alteration, enlargement or any change whatsoever. [End of Bond Form] Section 3. Bond Terms Execution and Delivery. 3.01. Maturities Interest Rates Denominations Payment, Dating of Bonds. The City shall forthwith issue and deliver the Bonds, which shall be denominated "General Obligation Tax Increment Refunding Bonds, Series 2003B." The Bonds shall be dated as of March 1, 2003, shall be issuable in the denominations of $5,000 or any integral multiple thereof, shall mature on February 1 in the years and amounts set forth below, without option of prior payment, and Bonds maturing in such years and amounts shall bear interest from date of issue until paid at the rates per annum set forth opposite such years and amounts as follows: Year Amount Rate 2004 $2,345,000 2005 2,590,000 2006 1,705,000 -5- The Bonds shall be issuable only in fully registered form, of single maturities. The interest thereon and, upon surrender of each Bond at the principal office of the Registrar described herein, the principal amount thereof, shall be payable by check or draft issued by the Registrar. Each Bond shall be dated by the Registrar as of the date of its authentication. 3.02. Interest Payment Dates. Interest on the Bonds shall be payable on February 1 and August 1 in each year, commencing August 1, 2003, to the owners thereof as such appear of record in the bond register as of the close of business on the fifteenth day of the immediately preceding month, whether or not such day is a business day. Interest on the Bonds will be computed on the basis of a 360 -day year consisting of twelve 30 -day months and will be rounded pursuant to the rules of the Municipal Securities Rulemaking Board. 3.03. Registration. The City shall appoint, and shall maintain, a bond registrar, transfer agent and paying agent (the Registrar). The effect of registration and the rights and duties of the City and the Registrar with respect thereto shall be as follows: (a) Re ister. The Registrar shall keep at its principal office a bond register in which the Registrar shall provide for the registration of ownership of Bonds and the registration of transfers and exchanges of Bonds entitled to be registered, transferred or exchanged. (b) Transfer of Bonds. Upon surrender to the Registrar for transfer of any Bond duly endorsed by the registered owner thereof or accompanied by a written. instrument of transfer, in form satisfactory to the Registrar, duly executed by the registered owner thereof or by an attorney duly authorized by the registered owner in writing, the Registrar shall authenticate and deliver, in the name of the designated transferee or transferees, one or more new Bonds of a like aggregate principal amount and maturity, as requested by the transferor. The Registrar may, however, close the books for registration of any transfer after the fifteenth day of the month preceding each interest payment date and until such interest payment date. (c) Exchange of Bonds. Whenever any Bond is surrendered by the registered owner for exchange, the Registrar shall authenticate and deliver one or more new Bonds of a like aggregate principal amount, interest rate and maturity, as requested by the registered owner or the owner's attorney duly authorized in writing. (d) Cancellation. All Bonds surrendered upon any transfer or exchange shall be promptly cancelled by the Registrar and thereafter disposed of as directed by the City. (e) Improper or Unauthorized Transfer. When any Bond is presented to the Registrar for transfer, the Registrar may refuse to transfer the same until it is satisfied that the endorsement on such Bond or separate instrument of transfer is valid and genuine and that the requested transfer is legally authorized. The Registrar shall incur no liability for its refusal, in good faith, to make transfers which it, in its judgment, deems improper or unauthorized. 0 (f) Persons Deemed Owners. The City and the Registrar may treat the person in whose name any Bond is at any time registered in the bond register as the absolute owner of such Bond, whether such Bond shall be overdue or not, for the purpose of receiving payment of, or on account of, the principal of and interest on such Bond and for all other purposes, and all such payments so made to any such registered owner or upon the owner's order shall be valid and effectual to satisfy and discharge the liability of the City upon such Bond to the extent of the sum or sums so paid. (g) Taxes, Fees and Charges. For every transfer or exchange of Bonds, the Registrar may impose a charge upon the owner thereof sufficient to reimburse the Registrar for any tax, fee or other governmental charge required to be paid with respect to such transfer or exchange. (h) Mutilated Lost Stolen or Destroyed Bonds. In case any Bond shall become mutilated or be lost, stolen or destroyed, the Registrar shall deliver a new Bond of like amount, number, interest rate, maturity date and tenor in exchange and substitution for and upon cancellation of any such mutilated Bond or in lieu of and in substitution for any such Bond lost, stolen or destroyed, upon the payment of the reasonable expenses and charges of the Registrar in connection therewith; and, in the case of a Bond lost, stolen or destroyed, upon receipt by the Registrar of evidence satisfactory to it that such Bond was lost, stolen or destroyed, and of the ownership thereof, and upon receipt by the Registrar of an appropriate bond or indemnity in form, substance and amount satisfactory to it, in which both the City and the Registrar shall be named as obligees. All Bonds so surrendered to the Registrar shall be cancelled by it and evidence of such cancellation shall be given to the City. If the mutilated, lost, stolen or destroyed Bond has already matured in accordance with its terms, it shall not be necessary to issue a new Bond prior to payment. 3.04. Appointment of Initial Registrar. The City hereby appoints the City Finance Director, as the initial Registrar. In the event that the City determines to discontinue the book entry-only system for the Bonds as described in paragraph (c) of Section 3.07, or DTC, as defined in Section 3.07, determines to discontinue providing its services with respect to the Bonds and a new securities depository is not appointed for the Bonds, the City will designate a suitable bank or trust company to act as successor Registrar if the City Finance Director is then acting as Registrar. The City reserves the right to remove any Registrar upon thirty (30) days' notice and upon the appointment of a successor Registrar, in which event the predecessor Registrar shall deliver all cash and Bonds in its possession to the successor Registrar. 3.05. Redemption. The Bonds are not subject to redemption prior to maturity. 3.06. Preparation and Delivery. The Bonds shall be prepared under the direction of the City Manager and shall be executed on behalf of the City by the signatures of the Mayor and the City Manager; provided that said signatures may be printed, engraved, or lithographed facsimiles thereof. In case any officer whose signature, or a facsimile of whose signature, shall appear on the Bonds shall cease to be such officer before the delivery of any Bond, such -7- signature or facsimile shall nevertheless be valid and sufficient for all purposes, the same as if such officer had remained in office until delivery. Notwithstanding such execution, no Bond shall be valid or obligatory for any purpose or entitled to any security or benefit under this Resolution unless and until a certificate of authentication on such Bond has been duly executed by the manual signature of the Registrar, or in the event the City Finance Director is no longer acting as Registrar, an authorized representative of the Registrar. Certificates of authentication on different Bonds need not be signed by the same representative. The executed certificate of authentication on each Bond shall be conclusive evidence that it has been authenticated and delivered under this Resolution. When the Bonds have been so executed and authenticated, they shall be delivered by the City Manager to the Purchaser upon payment of the purchase price in accordance with the contract of sale heretofore made and executed, and the Purchaser shall not be obligated to see to the application of the purchase price. 3.07. Securities Depository. (a) For purposes of this Section the following terms shall have the following meanings: "Beneficial Owner" shall mean, whenever used with respect to a Bond, the person in whose name such Bond is recorded as the beneficial owner of such Bond by a Participant on the records of such Participant, or such person's subrogee. "Cede & Co." shall mean Cede & Co., the nominee of DTC, and any successor nominee of DTC with respect to the Bonds. "DTC" shall mean The Depository Trust Company of New York, New York. "Participant" shall mean any broker - dealer, bank or other financial institution for which DTC holds Bonds as securities depository. "Representation Letter" shall mean the Representation Letter from the City to DTC previously executed by the City and on file with DTC. (b) The Bonds shall be initially issued as separately authenticated fully registered bonds, and one Bond shall be issued in the principal amount of each stated maturity of the Bonds. Upon initial issuance, the ownership of such Bonds shall be registered in the bond register in the name of Cede & Co., as nominee of DTC. The Registrar and the City may treat DTC (or its nominee) as the sole and exclusive owner of the Bonds registered in its name for the purposes of payment of the principal of or interest on the Bonds, selecting the Bonds or portions thereof to be redeemed, if any, giving any notice permitted or required to be given to registered owners of Bonds under this resolution, registering the transfer of Bonds, and for all other purposes whatsoever; and neither the Registrar nor the City shall be affected by any notice to the contrary. Neither the Registrar nor the City shall have any responsibility or obligation to any Participant, any person claiming a beneficial ownership interest in the Bonds under or through DTC or any Participant, or any other person which is not shown on the bond register as being a registered owner of any Bonds, with respect to the accuracy of any records maintained by DTC or any Participant, with respect to the payment by DTC or any Participant of any amount with respect to the principal of or interest on the Bonds, with respect to any notice which is permitted 10 or required to be given to owners of Bonds under this resolution, with respect to the selection by DTC or any Participant of any person to receive payment in the event of a partial redemption of the Bonds, or with respect to any consent given or other action taken by DTC as registered owner of the Bonds. So long as any Bond is registered in the name of Cede & Co., as nominee of DTC, the Registrar shall pay all principal of and interest on such Bond, and shall give all notices with respect to such Bond, only to Cede & Co. in accordance with the Representation Letter, and all such payments shall be valid and effective to fully satisfy and discharge the City's obligations with respect to the principal of and interest on the Bonds to the extent of the sum or sums so paid. No person other than DTC shall receive an authenticated Bond for each separate stated maturity evidencing the obligation of the City to make payments of principal and interest. Upon delivery by DTC to the Registrar of written notice to the effect that DTC has determined to substitute anew nominee in place of Cede & Co., the Bonds will be transferable to such new nominee in accordance with paragraph (d) hereof. (c) In the event the City determines that it is in the best interest of the Beneficial Owners that they be able to obtain Bonds in the form of bond certificates, the City may notify DTC and the Registrar, whereupon DTC shall notify the Participants of the availability through DTC of Bonds in the form of certificates. In such event, the Bonds will be transferable in accordance with paragraph (d) hereof. DTC may determine to discontinue providing its services with respect to the Bonds at any time by giving notice to the City and the Registrar and discharging its responsibilities with respect thereto under applicable law. In such event the Bonds will be transferable in accordance with paragraph (d) hereof. (d) In the event that any transfer or exchange of Bonds is permitted under paragraph (b) or (c) hereof, such transfer or exchange shall be accomplished upon receipt by the Registrar of the Bonds to be transferred or exchanged and appropriate instruments of transfer to the permitted transferee in accordance with the provisions of this resolution. In the event Bonds in the form of certificates are issued to owners other than Cede & Co., its successor as nominee for DTC as owner of all the Bonds, or another securities depository as owner of all the Bonds, the provisions of this resolution shall also apply to all matters relating thereto, including, without limitation, the printing of such Bonds in the form of bond certificates and the method of payment of principal of and interest on such Bonds in the form of bond certificates. Section 4. Security Provisions. 4.01. Use of Proceeds. The proceeds of the Bonds in the amount of $ , are irrevocably appropriated to pay and redeem all of the Refunded Bonds. Any accrued interest on the Bonds shall be deposited in the Bond Fund created pursuant to Section 4.02 hereof. 4.02. General Obligation Tax Increment Refunding Bond Fund. The Bonds shall be payable from a separate "2003B General Obligation Tax Increment Refunding Bond Fund" (the "Bond Fund ") which shall be created and maintained on the books of the City as a separate debt service fund until the Bonds, and all interest thereon, are fully paid. There shall be credited to the Bond Fund the following: 0 (a) Any amount initially deposited therein pursuant to Section 4.01 hereof. (b) All proceeds of all taxes levied and all other money which may at any time be received for or appropriated to the payment of such bonds and interest, including the tax increment herein pledged and appropriated to the Bond Fund, all collections of any ad valorem taxes levied for the payment of the Bonds, and all other moneys received for or appropriated to the payment-of the_Bondsand interest thereon. (c) Any other funds appropriated by the Council for the payment of the Bonds. 4.03. Pledge of Tax Increment. The City hereby irrevocably pledges to the Bond Fund tax increments derived from tax increment financing districts of the Housing and Redevelopment Authority of Edina (the "HRA ") designated by Hennepin County as Nos. 1203 (Centennial Lakes), 1201 (Edinborough) and 1200 (501h and France), which are received by the City from the HRA to pay the Bonds. Such tax increments shall be deposited in the Bond Fund in an amount sufficient to pay all principal and interest when due on the Bonds. Nothing herein shall preclude the City or the HRA from hereafter making further pledges and appropriations of the tax increments pledged for the payment of the Bonds or for the payment of other obligations of the Issuer or the HRA. 4.04. Full Faith and Credit Pledged. The full faith and credit of the City are irrevocably pledged for the prompt and full payment of the principal of and the interest on the Bonds, as such principal and interest comes due. If the money on hand in the Bond Fund should at any time be insufficient for the payment of principal and interest then due, this City shall pay the principal and interest out of any fund of the City, and such other fund or funds shall be reimbursed therefor when sufficient money is available to the Bond Fund. If on October 1 in any year the sum of the balance in the Bond Fund plus the available tax increment on hand and estimated to be received or before the end of the following calendar year is not sufficient with any ad valorem taxes heretofore levied in accordance with the provisions of this resolution, to pay when due all principal and interest become due on all Bonds payable therefrom in said following calendar year, or the Bond Fund has incurred a deficiency in the manner provided in this Section 4.04, a direct, irrepealable, ad valorem tax shall be levied on all taxable property within the corporate limits of the City for the purpose of restoring such accumulated or anticipated deficiency in an amount at least 5% in excess of amount needed to make good the deficiency. Section 5. Defeasance. When any Bond has been discharged as provided in this Section 5, all pledges, covenants and other rights granted by this resolution to the holders of such Bonds shall cease, and such Bonds shall no longer be deemed outstanding under this Resolution. The City may discharge its obligations with respect to any Bond which is due on any date by irrevocably depositing with the Registrar on or before that date a sum sufficient for the payment thereof in full; or, if any Bond should not be paid when due, the City may nevertheless discharge its obligations with respect thereto by depositing with the Registrar a sum sufficient for the payment thereof in full with interest accrued to the date of such deposit. The City may also 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, -10- with a bank qualified by law as an escrow agent for this purpose, cash or securities which are authorized by law to be so deposited, bearing interest payable at such times and at such rates and maturing on such dates as shall be required, without reinvestment, to pay all principal and interest to become due thereon to maturity. Section 6. County Auditor Registration Certification of Proceedings, Investment of Monet/ Arbitrage, Official Statement and Fees. 6.01. County Auditor Registration. The City Manager is hereby authorized and directed to file a certified copy of this Resolution with the County Auditor of Hennepin County, together with such other information as the County Auditor shall require, and to obtain from said County Auditor a certificate that the Bonds have been entered on his bond register as required by law. 6.02. Certification of Proceedings. The officers of the City and the County Auditor of Hennepin County are hereby authorized and directed to prepare and furnish to the Purchaser and to Dorsey & Whitney LLP, Bond Counsel to the City, certified copies of all proceedings and records of the City, and such other affidavits, certificates and information as may be required to show the facts relating to the legality and marketability of the Bonds as the same appear from the books and records under their custody and control or as otherwise known to them, and all such certified copies, certificates and affidavits, including any heretofore furnished, shall be deemed representations of the City as to the facts recited therein. 6.03. Covenant. The City covenants and agrees with the holders from time to time of the Bonds that it will not take or permit to be taken by any of its officers, employees or agents any action which would cause the interest on the Bonds to become subject to taxation under the Internal Revenue Code of 1986, as amended (the "Code "), and Regulations promulgated thereunder (the Regulations), as such are enacted or promulgated and in effect on the date of issue of the Bonds, and covenants to take any and all actions within its powers to ensure that the interest on the Bonds will not become subject to taxation under such Code and Regulations. The project financed by the bonds refunded by the Prior Bonds is available for use by members of the general public on a substantially equal basis. The City will not enter into any lease, use agreement or other contract respecting the project financed by the bonds refunded by the Prior Bonds or security for the payment of the Bonds which would cause the Bonds to be considered "private activity bonds" or "private loan bonds" pursuant to Section 141 of the Code. 6.04. Arbitrage Rebate. The City shall take such actions as are required to comply with the arbitrage rebate requirements of paragraphs (2) and (3) of Section 148(f) of the Code. 6.05. Arbitrage Certification. The Mayor and the City Manager, being the officers of the City charged with the responsibility for issuing the Bonds pursuant to this resolution, are authorized and directed to execute and deliver to the Purchaser a certification in accordance with the provisions of Section 148 of the Code, and the Regulations, stating the facts, estimates and circumstances in existence on the date of issue and delivery of the Bonds which -11- make it reasonable to expect that the proceeds of the Bonds will not be used in a manner that would cause the Bonds to be arbitrage bonds within the meaning of the Code and Regulations. 6.06. Official Statement. The Official Statement relating to the Bonds, dated February _, 2003, prepared and distributed on behalf of the City by Ehlers & Associates, Inc., is hereby approved. Ehlers & Associates, Inc. is hereby authorized on behalf of the City to prepare and distribute to the Purchaser 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 Certificates 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 City shall deliver to the Purchaser a reasonable number of copies of the Official Statement and such supplement. The officers of the City are hereby authorized and directed to execute such certificates as may be appropriate concerning the accuracy, completeness and sufficiency of the Official Statement. Section 7. Continuing Disclosure. (a) Purpose and Beneficiaries. To provide for the public availability of certain information relating to the Bonds and the security therefor and to permit the original purchaser and other participating underwriters in the primary offering of the Bonds to comply with amendments to Rule 15c2 -12 promulgated by the Securities and Exchange Commission (the "SEC ") under the Securities Exchange Act of 1934 (17 C.F.R. § 240.15c2 -12), relating to continuing disclosure (as in effect and interpreted from time to time, the "Rule "), which will enhance the marketability of the Bonds, the City hereby makes the following covenants and agreements for the benefit of the Owners (as hereinafter defined) from time to time of the Outstanding Bonds. The City is the only "obligated person" in respect of the Bonds within the meaning of the Rule for purposes of identifying the entities in respect of which continuing disclosure must be made. If the City fails to comply with any provisions of this Section 7, any person aggrieved thereby, including the Owners of any Outstanding Bonds, may take whatever action at law or in equity may appear necessary or appropriate to enforce performance and observance of any'agreement or covenant contained in this Section 7, including an action for a writ of mandamus or specific performance. Direct, indirect, consequential and punitive damages shall not be recoverable for any default hereunder to the extent permitted by law. Notwithstanding anything to the contrary contained herein, in no event shall a default under this Section 7 constitute a default under the Bonds or under any other provision of this resolution. As used in this Section 7, "Owner" or `Bondowner" means, in respect of a Bond, the registered owner or owners thereof appearing in the bond register maintained by the Registrar or any `Beneficial Owner" (as hereinafter defined) thereof, if such Beneficial Owner provides to the Registrar evidence of such beneficial ownership in form and substance reasonably satisfactory to the Registrar. As used herein, "Beneficial Owner" means, in respect of a Bond, any person or entity which (i) has the power, directly or indirectly, to vote or consent with respect to, or to dispose of ownership of, such Bond (including persons or entities holding Bonds through nominees, depositories or other intermediaries), or (b) is treated as the owner of the -12- Bond for federal income tax purposes. As used herein, "Outstanding" when used as of any particular time with reference to Bonds means all Bonds theretofore, or thereupon being, authenticated and delivered by the Registrar under this Resolution except (i) Bonds theretofore canceled by the Registrar or surrendered to the Registrar for cancellation; (ii) Bonds with respect to which the liability of the City has been discharged in accordance with Section 5 hereof; and (iii) Bonds for the transfer or exchange or in lieu of or in substitution for which other Bonds shall have been authenticated and delivered by the Registrar pursuant to this Resolution. (b) Information To Be Disclosed. The City will provide, in the manner set forth in subsection (c) hereof, either directly or indirectly through an agent designated by the City, the following information at the following times: (1) on or before 365 days after the end of each fiscal year of the City, commencing with the fiscal year ending December 31, 2002 the following financial information and operating data in respect of the City (the "Disclosure Information "): (A) the audited financial statements of the City for such fiscal year, accompanied by the audit report and opinion of the accountant or government auditor relating thereto, as permitted or required by the laws of the State of Minnesota, containing balance sheets as of the end of such fiscal year and a statement of operations, changes in fund balances and cash flows for the fiscal year then ended, showing in comparative form such figures for the preceding fiscal year of the City, prepared in accordance with generally accepted accounting principles promulgated by the Financial Accounting Standards Board as modified in accordance with the governmental accounting standards promulgated by the Governmental Accounting Standards Board or as otherwise provided under Minnesota law, as in effect from time to time, or, if and to the extent such financial statements have not been prepared in accordance with such generally accepted accounting principles for reasons beyond.the reasonable control of the City, noting the discrepancies therefrom and the effect thereof, and certified as to accuracy and completeness in all material respects by the fiscal officer of the City; and (B) To the extent not included in the financial statements referred to in paragraph (A) hereof, the information for such fiscal year or for the period most recently available of the type set forth below, which information may be unaudited, but is to be certified as to accuracy and completeness in all material respects by the City's financial officer to the best of his or her knowledge, which certification may be based on the reliability of information obtained from governmental or third party sources: Current Property Valuations; Direct Debt; Tax Levies and Collections; Population Trend; Employment/Unemployment Notwithstanding the foregoing paragraph, if the audited financial statements are not available by the date specified, the City shall provide on or before such date unaudited -13- financial statements in the format required for the audited financial statements as part of the Disclosure Information and, within 10 days after the receipt thereof, the City shall provide the audited financial statements. Any or all of the Disclosure Information may be incorporated by reference, if it is updated as required hereby, from other documents, including official statements, which have been submitted to each of the repositories hereinafter referred to under subsection (b) or the SEC. If the document incorporated by reference is a final official statement, it must be available from the Municipal Securities Rulemaking Board. The City shall clearly identify in the Disclosure Information each document so incorporated by reference. If any part of the Disclosure Information can no longer be generated because the operations of the City have materially changed or been discontinued, such Disclosure Information need no longer be provided if the City includes in the Disclosure Information a statement to such effect; provided, however, if such operations have been replaced by other City operations in respect of which data is not included in the Disclosure Information and the City determines that certain specified data regarding such replacement operations would be a Material Fact (as defined in paragraph (2) hereof), then, from and after such determination, the Disclosure Information shall include such additional specified data regarding the replacement operations. If the Disclosure Information is changed or this Section 7 is amended as permitted by this paragraph (b)(1) or subsection (d), then the City shall include in the next Disclosure Information to be delivered hereunder, to the extent necessary, an explanation of the reasons for the amendment and the effect of any change in the type of financial information or operating data provided. (2) In a timely manner, notice of the occurrence of any of the following events which is a Material Fact (as hereinafter defined): (A) Principal and interest payment delinquencies; (B) Non - payment related defaults; (C) Unscheduled draws on debt service reserves reflecting financial difficulties; (D) Unscheduled draws on credit enhancements reflecting financial difficulties; (E) Substitution of credit or liquidity providers, or their failure to perform; (F) Adverse tax opinions or events affecting the tax- exempt status of the security; (G) Modifications to rights of security holders; (H) Bond calls; (I) Defeasances; (J) Release, substitution, or sale of property securing repayment of the securities; and (K) Rating changes. -14- As used herein, a "Material Fact" is a fact as to which a substantial likelihood exists that a reasonably prudent investor would attach importance thereto in deciding to buy, hold or sell a Bond or, if not disclosed, would significantly alter the total information otherwise available to an investor from the Official Statement, information disclosed hereunder or information generally available to the public. Notwithstanding the foregoing sentence, a "Material Fact" is also' an event that would be deemed "material" for purposes of the purchase, holding or sale of a Bond within the meaning of applicable federal securities laws, as interpreted at the time of discovery of the occurrence of the event. (3) In a timely manner, notice of the occurrence of any of the following events or conditions: (A) the failure of the City to provide the Disclosure Information required under paragraph (b)(1) at the time specified thereunder; (B) the amendment or supplementing of this Section 7 pursuant to subsection (d), together with a copy of such amendment or supplement and any explanation provided by the City under subsection (d)(2); (C) the termination of the obligations of the City under this Section 7 pursuant to subsection (d); (D) any change in the accounting principles pursuant to which the financial statements constituting a portion of the Disclosure Information are prepared; and (E) any change in the fiscal year of the City. (c) Manner of Disclosure. The City agrees to make available the information described in subsection (b) to the following entities by telecopy, overnight delivery, mail or other means, as appropriate: (1) the information described in paragraph (1) of subsection (b), to each then nationally recognized municipal securities information repository under the Rule and to any state information depository then designated or operated by the State of Minnesota as contemplated by the Rule (the "State Depository"), if any; (2) the infonmation described in paragraphs (2) and (3) of subsection (b), to the Municipal Securities Rulemaking Board and to the State Depository, if any; and (3) the information described in subsection (b), to any rating agency then maintaining a rating of the Bonds and, at the expense of such Bondowner, to any Bondowner who requests in writing such information, at the time of transmission under paragraphs (1) or (2) of this subsection (c), as the case may be, or, if such information is transmitted with a subsequent time of release, at the time such information is to be released. (d) Term; Amendments; Interpretation. -15- (1) The covenants of the City in this Section 7 shall remain in effect so long as any Bonds are Outstanding. Notwithstanding the preceding sentence, however, the obligations of the City under this Section 7 shall terminate and be without further effect as of any date on which the City delivers to the Registrar an opinion of Bond Counsel to the effect that, because of legislative action or final judicial or administrative actions or proceedings, the failure of the City to comply with the requirements of this Section 7 will not cause participating underwriters in the primary offering of the Bonds to be in violation of the Rule or other applicable requirements of the Securities Exchange Act of 1934, as amended, or any statutes or laws successory thereto or amendatory thereof. (2) This Section 7 (and the form and requirements of the Disclosure Information) may be amended or supplemented by the City from time to time, without notice to (except as provided in paragraph (c)(3) hereof) or the consent of the Owners of any Bonds, by a resolution of the City Council filed in the office of the City Clerk of the City accompanied by an opinion of Bond Counsel, who may rely on certificates of the City and others and the opinion may be subject to customary qualifications, to the effect that: (i) such amendment or supplement (a) is made in connection with a change in circumstances that arises from a change in law or regulation or a change in the identity, nature or status of the City or the type of operations conducted by the City, or (b) is required by, or better complies with, the provisions of paragraph (b)(5) of the Rule; (ii) this Section 7 as so amended or supplemented would have complied with the requirements of paragraph (b)(5) of the Rule at the time of the primary offering of the Bonds, giving effect to any change in circumstances applicable under clause (i)(a) and assuming that the Rule as in effect and interpreted at the time of the amendment or supplement was in effect at the time of the primary offering; and (iii) such amendment or supplement does not materially impair the interests of the Bondowners under the Rule. If the Disclosure Information is so amended, the City agrees to provide, contemporaneously with the effectiveness of such amendment, an explanation of the reasons for the amendment and the effect, if any, of the change in the type of financial information or operating data being provided hereunder. (3) This Section 7 is entered into to comply with the continuing disclosure provisions of the Rule and should be construed so as to satisfy the requirements of paragraph (b)(5) of the Rule. Section 8. Redemption of Refunded Bonds. The City hereby calls the Refunded Bonds for redemption as soon as practicable. 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. Attest: Mayor 'iG11 City Clerk The motion for the adoption of the foregoing resolution was duly seconded by Councilmember , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted, and was signed by the Mayor which signature was attested by the City Clerk. -17- COUNTY AUDITOR'S CERTIFICATE AS TO REGISTRATION OF BONDS CITY OF EDINA, MINNESOTA I, the undersigned, being the duly qualified and acting County Auditor of Hennepin County, Minnesota, hereby certify that there has been filed in my office a certified copy of a Resolution of the City Council of the City of Edina, in said County, adopted February 18, 2003, awarding the sale, fixing the form and details and providing for the execution, delivery and security of $6,640,000 General Obligation Tax Increment Refunding Bonds, Series 2003B, of the City, to be dated, as of March 1, 2003. I further certify that said Bonds have been entered on my bond register as required by Minnesota Statutes, Sections 475.62. WITNESS my hand and official seal this day of , 2003. Hennepin County Auditor (SEAL) CERTIFICATION OF MINUTES RELATING TO $3,200,000 GENERAL OBLIGATION WATER AND SEWER REVENUE BONDS, SERIES 2003C Issuer: City of Edina, Minnesota Governing body: City Council Kind, date, time and place of meeting: A regular meeting held on February 18, 2003, at 7:00 o'clock P.M., at the Edina City Hall. Members present: Members absent: Documents attached: Minutes of said meeting including (pages): 1 through 20 RESOLUTION NO. 2003-22 RELATING TO $3,200,000 GENERAL OBLIGATION WATER AND SEWER REVENUE BONDS, SERIES 2003C; AWARDING THE SALE, FIXING THE FORM AND DETAILS AND PROVIDING FOR THE EXECUTION AND DELIVERY THEREOF AND SECURITY THEREFOR I, the undersigned, being the duly qualified and acting recording officer of the public corporation issuing the obligations referred to in the title of this certificate, certify that the documents attached hereto, as described above, have been carefully compared with the original records of the corporation in my legal custody, from which they have been transcribed; that the documents are a correct and complete transcript of the minutes of a meeting of the governing body of the corporation, and correct and complete copies of all resolutions and other actions taken and of all documents approved by the governing body at the meeting, insofar as they relate to the obligations; and that the meeting was duly held by the governing body at the time and place and was attended throughout by the members indicated above, pursuant to call and notice given as required by law. WITNESS my hand officially as such recording officer this day of 2003. Debra Mangen, City Clerk It was reported that U proposals had been received prior to 12:00 Noon, Central Time today for the purchase of the $3,200,000 General Obligation Water and Sewer Revenue Bonds, Series 2003C of the City in accordance with the Official Statement distributed by the City to potential purchasers of the Bonds. The proposals have been read and tabulated, and the terms of each have been determined to be as follows: Bid for Interest Net Interest Name of Bidder Principal Rates Cost [See attached] u , Councilmember then introduced the following resolution and moved its adoption: RESOLUTION RELATING TO $3,200,000 GENERAL OBLIGATION WATER AND SEWER REVENUE BONDS, SERIES 2003C; AWARDING THE SALE, FIXING THE FORM AND DETAILS AND PROVIDING FOR THE EXECUTION AND DELIVERY THEREOF AND SECURITY THEREFOR BE IT RESOLVED by the City Council (the "Council ") of the City of Edina, Minnesota (the "City"), as follows: Section 1. Recitals, Authorization and Sale of Bonds. 1.01. Authorization. The City owns and operates a municipal sanitary sewer and water utility (the "Utility "). This Council has heretofore ordered construction of improvements to the Utility. This Council hereby determines to issue and sell $3,200,000 principal amount of General Obligation Water and Sewer Revenue Bonds, Series 2003C, of the City (the "Bonds ") to defray the expense incurred and estimated to be incurred by the City in making the Improvements, including every item of cost of the kinds authorized in Minnesota Statutes, Section 475.65, and $ representing interest as provided in Minnesota Statutes, Section 475.56. 1.02. Sale of Bonds. The City has retained Ehlers & Associates, Inc., an independent financial advisor, to assist the City in connection with the sale of the Bonds. The Bonds are being sold pursuant to Minnesota Statutes, Section 475.60, Subdivision 2, paragraph (9), without meeting the requirements for public sale under Minnesota Statutes, Section 475.60, Subdivision 1. Pursuant to the Terms and Conditions of Sale for the Bonds, (—) proposals for the purchase of the Bonds were received at or before the time specified for receipt of proposals. The proposals have been publicly read and considered, and the purchase price, interest rates and net interest cost under the terms of each proposal have been determined. The most favorable proposal received is that of ' of (the "Purchaser "), to purchase the Bonds at a price of $ , the Bonds to bear interest at the rates set forth in Section 3.01. The proposal is hereby accepted, and the Mayor and the City Manager are hereby authorized and directed to execute a contract on the part of the City for the sale of the Bonds with the Purchaser. The good faith checks of the unsuccessful bidders shall be returned forthwith. 1.03. Performance of Requirements. The City is authorized by Minnesota Statutes, Section 444.075, to issue and sell the Bonds to pay the costs of the Improvements, and to pledge to the payment of the Bonds net revenues to be derived from charges for the service, use and availability of the Utility. The City presently has certain outstanding obligations which constitute a lien on the net revenues of the Utility. Such obligations permit further pledges and appropriations of net revenues of the Utility to be made superior or subordinate to or on a parity with the pledge and appropriation of net revenues of the Utility to pay such obligations. The City Council hereby determines that the estimated net revenues of the Utility will be sufficient, -3- I J together with any other sources pledged to or projected to be used, for the payment of the principal of and interest on the Bonds and such outstanding obligations which constitute a lien on the net revenues of the Utility. All acts, conditions and things which are required by the Constitution and laws of the State of Minnesota to be done, to exist, to happen and to be performed precedent to and in the valid issuance of the Bonds having been done, existing; having happened and having been performed, it is now necessary for this Council to establish the form and terms of the Bonds, to provide security therefor and to issue the Bonds forthwith. Section 2. Form of Bonds. The Bonds shall be prepared in substantially the following form: UNITED STATES OF AMERICA STATE OF MINNESOTA COUNTY OF HENNEPIN CITY OF EDINA GENERAL OBLIGATION WATER AND SEWER REVENUE BOND, SERIES 2003C Date of Interest Rate Maturity Original Issue CUSIP February 1, March 1, 2003 REGISTERED OWNER: CEDE & CO. PRINCIPAL AMOUNT: DOLLARS THE CITY OF EDINA, Hennepin County, Minnesota (the "City "), acknowledges itself to be indebted and, for value received, hereby promises to pay to the registered owner named above, or registered assigns, the principal amount specified above, on the maturity date specified above, with interest thereon from the date of original issue specified above, or from the most recent interest payment date to which interest has'been paid or duly provided for, at the annual rate specified above. Interest hereon is payable on February 1 and August 1 in each year, commencing August 1, 2003, to the person in whose name this Bond is registered at the close of business on the 15th day (whether or not a business day) of the immediately preceding month, all subject to the provisions referred to herein with respect to the redemption of the principal of this Bond before maturity. The interest hereon and, upon presentation and surrender hereof at the office of the City Finance Director, in Edina, Minnesota, as Registrar, Transfer Agent and Paying Agent (the "Bond Registrar "), or its successor designated under the Resolution described herein, the principal hereof, are payable in lawful money of the United States of America by check or draft of the City or the Bond Registrar if a successor to the City Finance Director as Bond Registrar has been designated under the Resolution described herein. -4- This Bond is one of an issue in the aggregate principal amount of $3,200,000 (the "Bonds ") all of like date and tenor except as to serial number, interest rate, redemption privilege and maturity date, issued pursuant to a resolution adopted by the City Council on February 18, 2003 (the "Resolution "), for the purpose of financing the costs of improvements to the sanitary sewer and water utility of the City and is issued pursuant to and in full conformity with the provisions of the Constitution and laws of the State of Minnesota thereunto enabling, including Minnesota Statutes, Section 444.075 and Chapter 475. For the full and prompt payment of the principal and interest on the Bonds as the same become due, the full faith, credit and taxing power of the City have been and are hereby irrevocably pledged. The Bonds are issuable only as fully registered bonds in denominations of $5,000 or any multiple thereof, of single maturities. Bonds maturing in the years 2004 through 2010 are payable on their respective stated maturity dates without option of prior payment, but Bonds having stated maturity dates in the years 2011 and thereafter are each subject to redemption and prepayment, at the option of the City and in whole or in part, and if in part, in the maturities selected by the City and, within any maturity, in $5,000 principal amounts selected by lot, on February 1, 2010 and on any date thereafter, at a price equal to the principal amount thereof to be redeemed plus accrued interest to the date of redemption. At least thirty days prior to the date set for redemption of any Bond, notice of the call for redemption will be mailed to the Bond Registrar and to the registered owner of each Bond to be redeemed at his address appearing in the Bond Register, but no defect in or failure to give such mailed notice of redemption shall affect the validity of the proceedings for the redemption of any Bond not affected by such defect or failure. Official notice of redemption having been given as aforesaid, the Bonds or portions of the Bonds so to be redeemed shall, on the redemption date, become due and payable at the redemption price herein specified and from and after such date (unless the City shall default in the payment of the redemption price) such Bond or portions of Bonds shall cease to bear interest. Upon the partial redemption of any Bond, a new Bond or Bonds will be delivered to the registered owner without charge, representing the remaining principal amount outstanding. As provided in the Resolution and subject to certain limitations set forth therein, this Bond is transferable upon the books of the City at the principal office of the Bond Registrar, by the registered owner hereof in person or by his attorney duly authorized in writing upon surrender hereof together with a written instrument of transfer satisfactory to the Bond Registrar, duly executed by the registered owner or his attorney; and may also be surrendered in exchange for Bonds of other authorized denominations. Upon such transfer or exchange, the City will cause a new Bond or Bonds to be issued in the name of the transferee or registered owner, of the same aggregate principal amount, bearing interest at the same rate and maturing on the same date, subject to reimbursement for any tax, fee or governmental charge required to be paid with respect to such transfer or exchange. The City and the Bond Registrar may deem and treat the person in whose name this Bond is registered as the absolute owner hereof, whether this Bond is overdue or not, for the purpose of receiving payment and for all other purposes, and neither the City nor the Bond Registrar shall be affected by any notice to the contrary. -5- IT IS HEREBY CERTIFIED, RECITED, COVENANTED AND AGREED that all acts, conditions and things required by the Constitution and laws of the State of Minnesota to be done, to exist, to happen and to be performed precedent to and in the issuance of this Bond in order to make this Bond a valid and binding general obligation of the City according to its terms, have been done, do exist, have happened and have been performed in regular and due form as so required; that in and by the Resolution, the City has pledged to the payment of the principal of and interest on the Bonds net revenues of the sanitary sewer and water utility of the City; that in and by the Resolution, the City has covenanted and agreed with the owner of the Bonds that it will impose and collect charges for the service, use and availability of its sanitary sewer and water utility at the time and in the amounts required to produce net revenues adequate to pay all principal of and interest on the Bonds and on all other bonds payable from net revenues of the sanitary sewer and water utility as such principal and interest respectively become due; that if needed to pay the principal and interest on this Bond, ad valorem taxes will be levied upon all taxable property in the City without limitation as to rate or amount; and that the issuance of this Bond does not cause the indebtedness of the City to exceed any constitutional or statutory limitation. This Bond shall not be valid or become obligatory for any purpose or be entitled to any security or benefit under the Resolution until the Certificate of Authentication hereon shall have been executed by the Bond Registrar by the manual signature of the Bond Registrar, or in the event the City Finance Director is no longer acting as Bond Registrar, one of the authorized representatives of the Bond Registrar. IN WITNESS WHEREOF, the City of Edina, Hennepin County, Minnesota, by its City Council, has caused this Bond to be executed by the facsimile signatures of the Mayor and the City Manager and has caused this Bond to be dated as of the date set forth below. City Manager CITY OF EDINA Mayor CERTIFICATE OF AUTHENTICATION This is one of the Bonds delivered pursuant to the Resolution mentioned within. Date of Authentication: City Finance Director, as Bond Registrar IM 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 UNIF TRANS MIN ACT....... Custodian ....... . (Cust) (Minor) under Uniform Transfers to Minors Act...................... (State) Additional abbreviations may also be used. ASSIGNMENT FOR VALUE RECEIVED the undersigned hereby sells, assigns and transfers unto the within Bond and all rights thereunder, and hereby irrevocably constitutes and appoints attorney to transfer the within Bond on the books kept for registration thereof, with full power of substitution in the premises. Dated: PLEASE INSERT SOCIAL SECURITY OR OTHER IDENTIFYING NUMBER OF ASSIGNEE: Signature(s) must be guaranteed by an "eligible guarantor institution" meeting the requirements of the Bond Registrar, which requirements include membership or participation in the Securities Transfer Association NOTICE: The signature(s) to this assignment must correspond with the name as it appears upon the face of the within Bond in every particular, without alteration, enlargement or any change whatsoever. -7- Medalion Program (STAMP) or such other "signature guaranty program" as may be determined by the Bond Registrar in addition to or in substitution for STAMP, all in accordance with the Securities Exchange Act of 1934, as amended. [End of Bond Form] Section 3. Bond Terms, Execution and Delivery. 3.01. Maturities Interest Rates Denominations Payment, Dating of Bonds. The City shall forthwith issue and deliver the Bonds, which shall be denominated "General Obligation Water and Sewer Revenue Bonds, Series 2003C." The Bonds shall be dated as of March 1, 2003, shall be issuable in the denominations of $5;000 or any integral multiple thereof, shall mature on February 1 in the years and amounts set forth below, and Bonds maturing in such years and amounts shall bear interest from date of issue until paid or duly called for redemption at the rates per annum set forth opposite such years and amounts as follows: Year Amount Rate Year Amount Rate 2004 $290,000 % 2009 $320,000: % 2005 285,000 2010 330,000 2006 290,000 2011 345,000 2007 300,000 2012 360,000 2008 310,000 2013 370,000 The Bonds shall be issuable only in fully registered form, of single maturities. The interest thereon and, upon surrender of each Bond at the principal office of the Registrar. described herein, the principal amount thereof, shall be payable by check or draft issued by the Registrar. Each Bond shall be dated by the Registrar as of the date of its authentication. 3.02. Interest Payment Dates. Interest on the Bonds shall be payable on February 1 and August 1 in each year, commencing August 1, 2003, to the owners thereof as such appear of record in the bond register as of the close of business on the fifteenth day of the immediately preceding month, whether or not such day is a business day. Interest on the Bonds will be computed on the basis of a 360 -day year consisting of twelve 30 -day months and will be rounded pursuant to the rules of the Municipal Securities Rulemaking Board. 3.03. Registration. The City shall appoint, and shall maintain, a bond registrar, transfer agent and paying agent (the Registrar). The effect of registration and the rights and duties of the City and the Registrar with respect thereto shall be as follows: (a) Re ister. The Registrar shall keep at its principal office a bond register in which the Registrar shall provide for the registration of ownership of Bonds and the Im registration of transfers and exchanges of Bonds entitled to be registered, transferred or exchanged. (b) Transfer of Bonds. Upon surrender to the Registrar for transfer of any Bond duly endorsed by the registered owner thereof or accompanied by a written instrument of transfer, in form satisfactory to the Registrar, duly executed by the registered owner thereof or by an attorney duly authorized by the registered owner in writing, the Registrar shall authenticate and deliver, in the name of the designated transferee or transferees, one or more new Bonds of a like aggregate principal amount and maturity, as requested by the transferor. The Registrar may, however, close the books for registration of any transfer after the fifteenth day of the month preceding each interest payment date and until such interest payment date. (c) Exchange of Bonds. Whenever any Bond is surrendered by the registered owner for exchange, the Registrar shall authenticate and deliver one or more new Bonds of a like aggregate principal amount, interest rate and maturity, as requested by the registered owner or the owner's attorney duly authorized in writing. (d) Cancellation. All Bonds surrendered upon any transfer or exchange shall be promptly cancelled by the Registrar and thereafter disposed of as directed by the City. (e) Improper or Unauthorized Transfer. When any Bond is presented to the Registrar for transfer, the Registrar may refuse to transfer the same until it is satisfied that the endorsement on such Bond or separate instrument of transfer is valid and genuine and that the requested transfer is legally authorized. The Registrar shall incur no liability for its refusal, in good faith, to make transfers which it, in its judgment, deems improper or unauthorized. (f) Persons Deemed Owners. The City and the Registrar may treat the person in whose name any Bond is at any time registered in the bond register as the absolute owner of such Bond, whether such Bond shall be overdue or not, for the purpose of receiving payment of, or on account of, the principal of and interest on such Bond and for all other purposes, and all such payments so made to any such registered owner or upon the owner's order shall be valid and effectual to satisfy and discharge the liability of the City upon such Bond to the extent of the sum or sums so paid. (g) Taxes Fees and Charges. For every transfer or exchange of Bonds (except for an exchange upon a partial redemption of a Bond), the Registrar may impose a charge upon the owner thereof sufficient to reimburse the Registrar for any tax, fee or other governmental charge required to be paid with respect to such transfer or exchange. (h) Mutilated Lost Stolen or Destroyed Bonds. In case any Bond shall become mutilated or be lost, stolen or destroyed, the Registrar shall deliver a new Bond of like amount, number, interest rate, maturity date and tenor in exchange and substitution for and upon cancellation of any such mutilated Bond or in lieu of and in substitution for any such Bond lost, stolen or destroyed, upon the payment of the reasonable expenses and charges of the Registrar in connection therewith; and, in the case of a Bond lost, stolen or WE destroyed, upon receipt by the Registrar of evidence satisfactory to it that such Bond was lost, stolen or destroyed, and of the ownership thereof, and upon receipt by the Registrar of an appropriate bond or indemnity in form, substance and amount satisfactory to it, in which both the City and the Registrar shall be named as obligees. All Bonds so surrendered to the Registrar shall be cancelled by it and evidence of such cancellation shall be given to the City. If the mutilated, lost, stolen or destroyed Bond has already matured or been called for redemption in accordance with its terms, it shall not be necessary to issue a new Bond prior to payment. 3.04. Appointment of Initial Reig stray. The City hereby appoints the City Finance Director, as the initial Registrar. In the event that the City determines to discontinue the book entry-only system for the Bonds as described in paragraph (c) of Section 3.07, or DTC, as defined in Section 3.07, determines to discontinue providing its services with respect to the Bonds and a new securities depository is not appointed for the Bonds, the City will designate a suitable bank or trust company to act as successor Registrar if the City Finance Director is then acting as Registrar. The City reserves the right to remove any Registrar upon thirty (30) days' notice and.upon the appointment of a successor Registrar, in which event the predecessor Registrar shall deliver all cash and Bonds in its possession to the successor Registrar. 3.05. Redemption. Bonds maturing in the years 2004 through 2010 are payable on their respective stated maturity dates without option of prior payment, but Bonds maturing in 2011 and thereafter are each subject to redemption, at the option of the City and in whole or in part, and if in part; in the maturities selected by the City and, within any maturity, in $5,000 principal amounts selected by the Registrar by lot, on February 1, 2010, and on any date thereafter, at a redemption price equal to the principal amount thereof to be redeemed plus accrued interest to the date of redemption. At least thirty days prior to the date set for redemption of any Bond, the City shall cause notice of the call for redemption to be mailed to the Registrar and to the registered owner of each Bond to be redeemed, but no defect in or failure to give such mailed notice of redemption shall affect the validity of proceedings for the redemption of any Bond not affected by such defect or failure. The notice of redemption. shall specify the redemption date, redemption price, the numbers, interest rates and CUSIP numbers of the Bonds to be redeemed and the place at which the Bonds are to be surrendered for payment, which is the principal office of the Registrar. Official notice of redemption having been given as aforesaid, the Bonds or portions thereof so to be redeemed shall, on the redemption date, become due and payable at the redemption price therein specified and from and after such date (unless the City shall default in the payment of the redemption price) such Bonds or portions thereof shall cease to bear interest. Bonds in a denomination larger than $5,000 may be redeemed in part in any integral multiple of $5,000. The owner of any Bond redeemed in part shall receive without charge, upon surrender of such Bond to the Registrar, one or more new Bonds in authorized denominations equal in principal amount to be unredeemed portion of the Bond so surrendered. 3.06. Preparation and Delivery. The Bonds shall be prepared under the direction of the City Manager and shall be executed on behalf of the City by the signatures of the Mayor and the City Manager; provided that said signatures may be printed, engraved, or lithographed _10- facsimiles thereof. In case any officer whose signature, or a facsimile of whose signature, shall appear on the Bonds shall cease to be such officer before the delivery of any Bond, such signature or facsimile shall nevertheless be valid and sufficient for all purposes, the same as if such officer had remained in office until delivery. Notwithstanding such execution, no Bond shall be valid or obligatory for any purpose or entitled to any security or benefit under this Resolution unless and until a certificate of authentication on such Bond has been duly executed by the manual signature of the Registrar, or in the event the City Finance Director is no longer acting as Registrar, an authorized representative of the Registrar. Certificates of authentication on different Bonds need not be signed by the same representative. The executed certificate of authentication on each Bond shall be conclusive evidence that it has been authenticated and delivered under this Resolution. When the Bonds have been so executed and authenticated, they shall be delivered by the City Manager to the Purchaser upon payment of the purchase price in accordance with the contract of sale heretofore made and executed, and the Purchaser shall not be obligated to see to the application of the purchase price. 3.07. Securities Depository. (a) For purposes of this Section the following terms shall have the following meanings: "Beneficial Owner" shall mean, whenever used with respect to a Bond, the person in whose name such Bond is recorded as the beneficial owner of such Bond by a Participant on the records of such Participant, or such person's subrogee. ".Cede & Co." shall mean Cede & Co., the nominee of DTC, and any successor nominee of DTC with respect to the Bonds. "DTC" shall mean The Depository Trust Company of New York, New York. "Participant" shall mean any broker - dealer, bank or other financial institution for which DTC holds Bonds as securities depository. "Representation Letter" shall mean the Representation Letter from the City to DTC previously executed by the City and on file with DTC. (b) The Bonds shall be initially issued as separately authenticated fully registered bonds, and one Bond shall be issued in the principal amount of each stated maturity of the Bonds. Upon initial issuance, the ownership of such Bonds shall be registered in the bond register in the name of Cede & Co., as nominee of DTC. The Registrar and the City may treat DTC (or its nominee) as the sole and exclusive owner of the Bonds registered in its name for the purposes of payment of the principal of or interest on the Bonds, selecting the Bonds or portions thereof to be redeemed, if any, giving any notice permitted or required to be given to registered owners of Bonds under this resolution, registering the transfer of Bonds, and for all other purposes whatsoever; and neither the Registrar nor the City shall be affected by any notice to the contrary. Neither the Registrar nor the City shall have any responsibility or obligation to any Participant, any person claiming a beneficial ownership, interest in the Bonds under or through DTC or any Participant, or any other person which is not shown on the bond register as being a registered owner of any Bonds, with respect to the accuracy of any records maintained by DTC or any Participant, with respect to the payment by DTC or any Participant of any amount with -11- respect to the principal of or interest on the Bonds, with respect to any notice which is permitted or required to be given to owners of Bonds under this resolution, with respect to the selection by DTC or any Participant of any person to receive payment in the event of a.partial redemption of the Bonds, or with respect to any consent given or other action taken by DTC as registered owner of the Bonds. So long as any Bond is registered in the name of Cede & Co., as- nominee of DTC, the Registrar shall pay all principal of and interest on such Bond, and shall give all notices with respect to such Bond, only to Cede & Co. in accordance with the Representation Letter, and all such payments shall be valid and effective to fully satisfy and discharge the City's obligations with respect to the principal of and interest on the Bonds to the extent of the sum or sums so paid. No person other than DTC shall receive an authenticated Bond for each separate stated maturity evidencing the obligation of the'City to make payments of principal and interest. Upon delivery by DTC to the Registrar of written notice to the effect that DTC has determined to substitute a new nominee in place of Cede & Co., the Bonds will be transferable to such new nominee in accordance with paragraph (d) hereof. (c) In the event the City determines that it is in the best interest of the Beneficial Owners that they be able to obtain Bonds in the form of bond certificates, the City may notify DTC and the Registrar, whereupon DTC shall notify the Participants of the availability through DTC of Bonds in the form of certificates. In such event, the Bonds will be transferable in accordance with paragraph (d) hereof. DTC may determine to discontinue providing its services with respect to the Bonds at any time by giving notice to the City and the Registrar and discharging its responsibilities with respect thereto under applicable law. In such event the Bonds will be transferable in accordance with paragraph (d) hereof. (d) In the event that any transfer or exchange of Bonds is permitted under paragraph (b) or (c) hereof, such transfer or exchange shall be accomplished upon receipt by the Registrar of the Bonds to be transferred or exchanged and appropriate instruments of transfer to the permitted transferee in accordance with the provisions of this resolution. In the event Bonds in the form of certificates are issued to owners other than Cede & Co., its successor as nominee for DTC as owner of all the Bonds, or another securities depository as owner of all the Bonds, the provisions of this resolution shall also apply to all matters relating thereto, including, without limitation, the printing of such Bonds in the form of bond certificates and the method of payment of principal of and interest on such Bonds in the form of bond certificates. Section 4. Security Provisions. 4.01. 2003 Utility Construction Fund. There is hereby created a special bookkeeping fund to be designated as the "2003 Utility Construction Fund" (the "Construction Fund "), to be held and administered by the City Finance Director separate and apart from all other funds of the City. The City appropriates to the Construction Fund $ of the proceeds of the sale of the Bonds. The Construction Fund shall be used solely to defray expenses of the Improvements, including but not limited to the transfer to the Bond Fund, created in Section 4.02 hereof, of amounts sufficient for the payment of interest, due upon the Bonds prior to the completion of the Improvements and the payment of the expenses incurred by the City in connection with the issuance of the Bonds. Upon completion and payment of all costs of the Improvements, any balance of the proceeds of Bonds remaining in the Construction Fund may be used to pay the cost, in whole or in part, of any other improvements to the Utility, =12 - as directed by the City Council, but any balance of such proceeds not so used shall be credited and paid to the Bond Fund. 4.02. 2003 Utility Bond Fund. So long as any of the Bonds are outstanding and any principal of or interest thereon unpaid, the City Finance Director shall maintain on its books and records a separate and special bookkeeping fund designated "2003 Utility Bond Fund" (the "Bond Fund ") to be used for no purpose other than the payment of the principal of and interest on the Bonds and any additional obligations of the City payable therefrom pursuant to Section 4.03 hereof. If the balance in the Bond Fund is ever insufficient to pay all principal and interest then due on bonds payable therefrom, the City Finance Director shall nevertheless provide sufficient money from any other funds of the City which are available for that purpose, and such other funds shall be reimbursed from subsequent receipts of net revenues of the Utility appropriated to the Bond Fund and, if necessary, from the proceeds of the taxes levied for the Bond Fund. The City hereby appropriates to the Bond Fund the accrued interest on the Bonds and any amount in excess of $ received from the Purchaser upon delivery of the Bonds and any amounts transferred to the Bond Fund pursuant to Section 4.01 hereof. The City Finance Director shall deposit in the Bond Fund the proceeds of all taxes levied and all other money which may at any time be received for or appropriated to the payment of such bonds and interest, including the net revenues of the Utility herein pledged and appropriated to the Bond Fund, all collections of any ad valorem taxes levied for the payment of the Bonds, and all other moneys received for or appropriated to the payment of the Bonds and interest thereon. There are hereby established two accounts in the Bond Fund, designated as the "Debt Service Account" and the "Surplus Account." All money appropriated or to be deposited in the Bond Fund shall be deposited as received into the Debt Service Account. On each February 1, the City Finance Director shall determine the amount on hand in the Debt Service Account. If such amount is in excess of one - twelfth of the debt service payable from the Bond Fund in the immediately preceding 12 months, the City Finance Director shall promptly transfer the amount in excess to the Surplus Account. The City appropriates to the Surplus Account any amounts to be transferred thereto from the Debt Service Account as herein provided and all income derived from the investment of amounts on hand in the Surplus Account. If at any time the amount on hand in the Debt Service Account is insufficient to meet the requirements of the Bond Fund, the City Finance Director shall transfer to the Debt Service Account amounts on hand in the Surplus Account to the extent necessary to cure such deficiency. 4.03. Imposition of Charges. Bonds. The City hereby covenants and agrees with the holders from time to time of the Bonds that so long as any of the Bonds are outstanding, the City will impose and collect reasonable charges for the service, use and availability of the Utility to the City and its inhabitants according to schedules calculated to produce net revenues which, will be sufficient to pay all principal and interest when due on the Bonds and all other obligations payable from the net revenues of the Utility, and said net revenues, to the extent necessary, are hereby irrevocably pledged and appropriated to the payment of the Bonds and interest thereon. The pledge and appropriation of net revenues of the Utility herein made is on a parity with the pledge and appropriation of such net revenues to pay the outstanding obligations of the City payable from the net revenues of the Utility. Nothing herein shall preclude the City from hereafter making further pledges and appropriations of net revenues of the Utility for the payment of additional obligations of the City hereafter authorized -13 - if the City Council determines before the authorization of such additional obligations that the estimated net revenues of the Utility will be sufficient, together with any other sources pledged to or projected to be used, for the payment of the principal of and interest on the Bonds and paid therefrom and such additional obligations. Such further pledges and appropriations of said net revenues may be made superior or subordinate to or on a panty with the pledge and appropriation herein made, as to the application of net revenues received from time to time. 4.04. Full Faith and Credit Pledged. The full faith and credit of the City are irrevocably pledged for, the prompt and full payment of the principal of and the interest on the Bonds and any other obligations payable from the Bond Fund, as such :principal and interest comes due. If the money on hand in the Bond Fund should at any time be insufficient for the payment of principal and interest then due, this City shall pay the principal and interest out of any fund of the City, and such other fund or funds shall be reimbursed therefor when sufficient money is available to the Bond Fund. If on October 1 in any year the sum of the balance in the Bond Fund plus the available net revenues of the Utility on hand and estimated to be received or before the end of the following calendar year is not sufficient with any.ad valorem taxes heretofore levied in accordance with the provisions of this resolution, to pay when due all principal and interest become due on all Bonds payable therefrom in said following calendar year, or the Bond Fund has incurred a deficiency in the manner provided in this Section 4.04, a direct, irrepealable, ad valorem tax shall be levied on all taxable property within the corporate limits of the City for the purpose of restoring such accumulated or anticipated deficiency in an amount at least 5% in excess of amount needed to make good the deficiency. Section 5. Defeasance. When any Bond has been discharged as provided in this Section 5,.all pledges, covenants and other rights granted by this resolution to the holders of such Bonds shall cease, and such Bonds shall no longer be deemed outstanding under this Resolution. The City may discharge its obligations with respect to any Bond which is due on any date by irrevocably depositing with the Registrar on or before that date a sum sufficient for the payment thereof in full; or, if any Bond should not be paid when due, the City may nevertheless discharge its obligations with respect thereto by depositing with the Registrar a sum sufficient for the payment thereof in full with interest accrued to the date of such deposit. The City may also at any time discharge its obligations with respect to any Bonds, subject to the provisions of law now or hereafter authorizing and regulating such action, by depositing irrevocably in escrow, with a bank qualified by law as an escrow agent for this purpose, cash or securities which are authorized by law to be so deposited, bearing interest payable at such times and at such rates and maturing on such dates as shall be required, without reinvestment, to pay all principal and interest to become due thereon to maturity or, if notice of redemption as herein required has been duly provided for, to such earlier redemption date. Section 6. County Auditor Registration Certification of Proceedings, Investment of Money Arbitrage Official Statement and Fees. 6.01. County Auditor Registration. The City Manager is hereby authorized and directed to file a certified copy of this Resolution with the County Auditor of Hennepin County, together with such other information as the County Auditor shall require, and to obtain from said County Auditor a certificate that the Bonds have been entered on his bond register as required by law. -14- 6.02. Certification of Proceedings. The officers of the City and the County Auditor of Hennepin County are hereby authorized and directed to prepare and furnish to the Purchaser and to Dorsey & Whitney LLP, Bond Counsel to the City, certified copies of all proceedings and records of the City, and such other affidavits, certificates and information as may be required to show the facts relating to the legality and marketability of the Bonds as the same appear from the books and records under their custody and control or as otherwise known to them, and all such certified copies, certificates and affidavits, including any heretofore furnished, shall be deemed representations of the City as to the facts recited therein. 6.03. Covenant. The City covenants and agrees with the holders from time to time of the Bonds that it will not take or permit to be taken by any of its officers, employees or agents any action which would cause the interest on the Bonds to become subject to taxation under the Internal Revenue Code of 1986, as amended (the "Code "), and Regulations promulgated thereunder (the Regulations), as such are enacted or promulgated and in effect on the date of issue of the Bonds, and covenants to take any and all actions within its powers to ensure that the interest on the Bonds will not become subject to taxation under such Code and Regulations. The Improvements are public improvements available for use by members of the general public on a substantially equal basis. The City will not enter into any lease, use agreement or other contract respecting the Improvements or security for the payment of the Bonds which would cause the Bonds to be considered "private activity bonds" or "private loan bonds" pursuant to Section 141 of the Code. 6.04 Exemption from Rebate Requirement. For purposes of complying with the requirements of Section 148(f)(4)(D) of the Code relating to the exemption of certain small governmental units from the rebate requirements of the Code, the City represents that: (i) the City is a governmental unit with general taxing powers; (ii) the Bonds are not "private activity bonds" as defined in Section 141 of the Code ( "Private Activity Bonds "); (iii) ninety -five percent of the net proceeds of the Bonds are to be used for the local governmental purposes of the City; and (iv) the aggregate face amount of all tax- exempt bonds (other than Private Activity Bonds and refunding bonds not taken into account under Section 148(f)(4)(D)(i)(IV) of the Code pursuant to Section 148(f)(4)(D)(iii) of the Code) issued by the City in 2003 is not reasonably expected to exceed $5,000,000. Therefore, pursuant to the provisions of Section 148(f)(4)(D) of the Code, the City shall not be required to comply with the arbitrage rebate requirements of paragraphs (2) and (3) of Section 148(f) of the Code with respect to the Bonds. 6.05. Interest Disallowance. The City hereby designates the Bonds as "qualified tax- exempt obligations" for purpose of Section 265(b) of the Code relating to the disallowance of interest expenses for financial institutions. The City represents that in calendar year 2003 it does not reasonably expect to issue tax- exempt obligations which are not private activity bonds (not _15- treating qualified 501(c)(3) bonds under Section 145 of the Code as private activity bonds for purposes of this representation) or refunding bonds not taken into account under Section 265(b)(3)(C)(ii)(III) in an amount in excess of $10,000,000. 6.06. Arbitrage Certification. The Mayor and the City Manager, being the officers of the City charged with the responsibility for issuing the Bonds pursuant to this resolution, are authorized and directed to execute and deliver to the Purchaser a certification in accordance with the provisions of Section 148 of the Code, and the Regulations, stating the facts, estimates and circumstances in existence on the date of issue and delivery of the Bonds which make it reasonable to expect that the proceeds,of the Bonds will not be used in a manner that would cause the Bonds to be arbitrage bonds within the meaning of the Code and Regulations. 6.07. Official Statement. The Official Statement relating to the Bonds, dated February _, 2003, prepared and distributed on behalf of the City by Ehlers & Associates, Inc., is hereby approved., Ehlers & Associates, Inc. is hereby authorized on behalf of the City to prepare and distribute to the Purchaser 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 Certificates 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 City shall deliver to the Purchaser a reasonable number of copies of the Official Statement and such supplement. The officers of the City are hereby authorized and directed to execute such certificates as may be appropriate concerning the accuracy, completeness and sufficiency of the Official Statement. Section 7. Continuing Disclosure. (a) Purpose and Beneficiaries. To provide for the public availability of certain information relating to the Bonds and the security therefor and to permit the original purchaser and other participating underwriters in the primary offering of the Bonds to comply with amendments to Rule 15c2 -12 promulgated by the Securities and Exchange Commission (the "SEC ") under the Securities Exchange Act of 1934 (17 C.F.R. § 240.15c2 -12), relating to continuing disclosure (as in effect and interpreted from time to time, the "Rule "), which will enhance the marketability of the Bonds, the City hereby makes the following covenants and agreements for the benefit of the Owners (as hereinafter defined) from time to time of the Outstanding Bonds. The City is the only "obligated person ".in respect of the Bonds within the meaning of the Rule for purposes of identifying the entities in respect of which continuing disclosure must be made. If the City fails to comply with any provisions of this Section 7, any person aggrieved thereby, including the Owners of any Outstanding Bonds, may take whatever action at law or in equity may appear necessary or appropriate to enforce performance and observance of any agreement or covenant contained in this Section 7, including an action for a writ of mandamus or specific performance. Direct, indirect, consequential and punitive damages shall not be recoverable for any default hereunder to the extent permitted by law. Notwithstanding anything to the contrary contained herein, in no event shall a default under this Section 7 constitute a default under the Bonds or under any other provision of this resolution. -16 - As used in this Section 7, "Owner" or `Bondowner" means, in respect of a Bond, the registered owner or owners thereof appearing in the bond register maintained by the Registrar or any `Beneficial Owner" (as hereinafter defined) thereof, if such Beneficial Owner provides to the Registrar evidence of such beneficial ownership in form and substance reasonably satisfactory to the Registrar. As used herein, "Beneficial Owner" means, in respect of a Bond, any person or entity which (i) has the power, directly or indirectly, to vote or consent with respect to, or to dispose of ownership of, such Bond (including persons or entities holding Bonds through nominees, depositories or other intermediaries), or (b) is treated as the owner of the Bond for federal income tax purposes. As used herein, "Outstanding" when used as of any particular time with reference to Bonds means all Bonds theretofore, or thereupon being, authenticated and delivered by the Registrar under this Resolution except (i) Bonds theretofore canceled by the Registrar or surrendered to the Registrar for cancellation; (ii) Bonds with respect to which the liability of the City has been discharged in accordance with Section 5 hereof, and (iii) Bonds for the transfer or exchange or in lieu of or in substitution for which other Bonds shall have been authenticated and delivered by the Registrar pursuant to this Resolution. (b) Information To Be Disclosed. The City will provide, in the manner set forth in subsection (c) hereof, either directly or indirectly through an agent designated by the City, the following information at the following times: (1) on or before 365 days after the end of each fiscal year of the City, commencing with the fiscal year ending December 31, 2002 the following financial information and operating data in respect of the City (the "Disclosure Information"): (A) the audited financial statements of the City for such fiscal year, accompanied by the audit report and opinion of the accountant or government auditor relating thereto, as permitted or required by the laws of the State of Minnesota, containing balance sheets as of the end of such fiscal year and a statement of operations, changes in fund balances and cash flows for the fiscal year then ended, showing in comparative form such figures for the preceding fiscal year of the City, prepared in accordance with generally accepted accounting principles promulgated by the Financial Accounting Standards Board as modified in accordance with the governmental accounting standards promulgated by the Governmental Accounting Standards Board or as otherwise provided under Minnesota law, as in effect from time to time, or, if and to the extent such financial statements have not been prepared in accordance with such generally accepted accounting principles for reasons beyond the reasonable control of the City, noting the discrepancies therefrom and the effect thereof, and certified as to accuracy and completeness in all material respects by the fiscal officer of the City; and (B) To the extent not included in the financial statements referred to in paragraph (A) hereof, the information for such fiscal year or for the period most recently available of the type set forth below, which information may be unaudited, but is to be certified as to accuracy and completeness in all material respects by the City's financial officer to the best of his or her knowledge, which -17- certification may be based on the reliability of information obtained from governmental or third party sources: Current Property Valuations; Direct Debt; Tax Levies and Collections; Population Trend; Employment/Unemployment Notwithstanding the foregoing paragraph, if the audited financial statements are not available by the date specified, the City shall provide on or before such date unaudited financial statements in the format required for the audited financial statements as part of the Disclosure Information and ,'within 10 days after the receipt thereof, the City shall provide the audited financial. statements. Any or all of the Disclosure Information may be incorporated by reference, if it is updated as required hereby, from other documents, including official statements, which have been submitted to each of the repositories hereinafter referred to under subsection (b) or, the SEC. If the document incorporated by reference is a final official statement, it must be available from the Municipal Securities Rulemaking Board. The City shall clearly identify in the Disclosure Information each document so incorporated by reference. If any part of the Disclosure Information can no longer be generated because the operations of the City have materially changed or been discontinued, such Disclosure Information need'no longer be pfovided if the City includes in the Disclosure Information a statement to such effect; provided, however, if such operations have been replaced by other City operations in respect of which data is not included in the Disclosure Information and the City determines that certain specified data regarding such replacement operations would be a Material Fact (as defined in paragraph (2) hereof), then, from and after such determination, the Disclosure Information shall include such additional specified data regarding the replacement operations. If the Disclosure Information is changed or this Section 7 is amended as permitted by this paragraph (b)(1) or subsection (d), then the City shall include in the next Disclosure Information to be delivered hereunder, to the extent necessary, an explanation of the reasons for the amendment and the effect of any change in the type of financial information or operating data provided. (2) In a timely manner, notice of the occurrence of any of the following events which is a Material Fact (as hereinafter defined): (A) Principal and interest payment delinquencies; (B) Non- payment related defaults; (C) Unscheduled draws on debt service reserves reflecting financial difficulties; (D) Unscheduled draws on credit enhancements reflecting financial difficulties; (E) Substitution of credit or liquidity providers, or their failure to perform; (F) Adverse tax opinions or events affecting the tax - exempt status of the security; (G) Modifications to rights of security holders; go (H) Bond calls; (I) Defeasances; (J) Release, substitution, or sale of property securing repayment of the securities; and (K) Rating changes. As used herein, a "Material Fact" is a fact as to which a substantial likelihood exists that a reasonably prudent investor would attach importance thereto in deciding to buy, hold or sell a Bond or, if not disclosed, would significantly alter the total information otherwise available to an investor from the Official Statement, information disclosed hereunder or information generally available to the public. Notwithstanding the foregoing sentence, a "Material Fact" is also an event that would be deemed "material" for purposes of the purchase, holding or sale of a Bond within the meaning of applicable federal securities laws, as interpreted at the time of discovery of the occurrence of the event. (3) In a timely manner, notice of the occurrence of any of the following events or conditions: (A) the failure of the City to provide the Disclosure Information required under paragraph (b)(1) at the time specified thereunder; (B) the amendment or supplementing of this Section 7 pursuant to subsection (d), together with a copy of such amendment or supplement and any explanation provided by the City under subsection (d)(2); (C) the termination of the obligations of the City under this Section 7 pursuant to subsection (d); (D) any change in the accounting principles pursuant to which the financial statements constituting a portion of the Disclosure Information are prepared; and (E) any change in the fiscal year of the City. (c) Manner of Disclosure. The City agrees to make available the information described in subsection (b) to the following entities by telecopy, overnight delivery, mail or other means, as appropriate: (1) the information described in paragraph (1) of subsection (b), to each then nationally recognized municipal securities information repository under the Rule and to any state information depository then designated or operated by the State of Minnesota as contemplated by the Rule (the "State Depository"), if any; (2) the information described in paragraphs (2) and (3) of subsection (b), to the Municipal Securities Rulemaking Board and to the State Depository, if any; and (3) the information described in subsection (b), to any rating agency then maintaining a rating of the Bonds and, at the expense of such Bondowner, to any Bondowner who requests in writing such information, at the time of transmission under paragraphs (1) or (2) of this -19- subsection (c), as the case may be, or, if such information is transmitted with a subsequent time of release, at the time such information is to be released. (d) Term; Amendments; Interpretation. (1) The covenants of the City in this Section 7 shall remain in effect so long as any Bonds are Outstanding. Notwithstanding the preceding sentence, however, the obligations of the City under this Section 7 shall terminate and be without further effect as of any date on which the City delivers to the Registrar an opinion of Bond Counsel to the effect that, because of legislative action or final judicial or administrative actions or proceedings, the failure of the City to comply with the requirements of this Section 7 will not cause participating underwriters in the primary offering of the Bonds to be in violation of the Rule or other applicable requirements of the Securities Exchange Act of 1934, as amended, or any statutes or laws successory thereto or amendatory thereof. (2) This Section 7 (and the form and requirements of the Disclosure Information) may be amended or supplemented by the City from time to time, without notice to (except as provided in paragraph (c)(3) hereof) or the consent of the Owners of any Bonds, by a resolution of the City Council filed in the office of the City Clerk of the City accompanied by an opinion of Bond Counsel, who may rely on certificates of the City and others and the opinion may be subject to customary qualifications, to the effect that: (i) such amendment or supplement (a) is made in connection with a change in circumstances that arises from a change in law or regulation or a change in the identity, nature or status of the City or the type of operations conducted by the City, or (b) is required by, or better complies with, the provisions of paragraph (b)(5) of the Rule; (ii) this Section 7 as so.amended or supplemented would have complied with the requirements of paragraph (b)(5) of the Rule at the time of the primary offering of the Bonds, giving effect to any change in circumstances applicable under clause (i)(a) and assuming that the Rule as in effect and interpreted at the time of the amendment or supplement was in effect at the time of the primary offering; and (iii) such amendment or supplement does not materially impair the interests of the Bondowners under the Rule. If the Disclosure Information is so amended, the City agrees to provide, contemporaneously with the effectiveness of such amendment, an explanation of the reasons for the amendment and the effect, if any, of the change in the type of financial information or operating data being provided hereunder. (3) This Section 7 is entered into to comply with the continuing disclosure provisions of the Rule and should be construed so as to satisfy the requirements of paragraph (b)(5) of the Rule. Attest: -20- Mayor City Clerk The motion for the adoption of the foregoing resolution was duly seconded by Councilmember , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted, and was signed by the Mayor which signature was attested by the City Clerk. -21- COUNTY AUDITOR'S CERTIFICATE AS TO REGISTRATION OF BONDS CITY OF EDINA, MINNESOTA I, the undersigned, being the duly qualified and acting County Auditor of Hennepin County, Minnesota, hereby certify that there has been filed in my office a certified copy of a resolution of the City Council of the City of Edina, in said County, adopted February 18, 2003, awarding the sale, fixing the form and details and providing for the execution, delivery and security of $3,200,000 General Obligation Water and Sewer Revenue Bonds, Series 2003C, of the City, to be dated, as of March 1, 2003. I further certify that said Bonds have been entered on my bond register as required by Minnesota Statutes, Sections 475.62. WITNESS my hand and official seal this day of 92003. Hennepin County Auditor (SEAL) BID TABULATION $1,540,000 General Obligation Equipment Certificates of Indebtedness, Series 2003A CITY OF EDINA, MINNESOTA SALE: February 18, 2003 AWARD: U.S. BANCORP PIPER JAFFRAY RATING: Moody's Investors Service "Aaa" BBI: 4.83% Standard & Poor's "AAA" NET TRUE NAME OF BIDDER MATURITY RATE REOFFERING PRICE INTEREST INTEREST (February 1) YIELD COST RATE U.S. BANCORP PIPER JAFFRAY 2004 2.000% 1.050% $1,550,302.60 $58,480.73 1.7659% Minneapolis, Minnesota 2005 2.000% 1.150% WELLS FARGO BROKERAGE SERVICES LLC 2006 2.000% 1.550% Minneapolis, Minnesota 2007 2.000% 2.000% The Bankers Bank 2008 2.400% 2.400% CRONIN & COMPANY, INC. 2004 2.000% $1,555,642.10 $60,405.82 1.8158% Minneapolis, Minnesota 2005 2.000% $1,547,564.95 $62,523.80 1.8900% Minneapolis, Minnesota 2006 2.000% 2007 2.500% 2008 3.000% HARRIS TRUST & SAVINGS BANK 2004 1.300% $1,535,460.00 $61,821.11 1.8768% Chicago, Illinois 2005 1.300% First Tennessee Capital Markets 2006 1.700% Isaak Bond Investments Inc. 2007 2.125% The Bankers Bank 2008 2.400% Axelrod Associates, Inc. LEGG MASON WOOD WALKER, INC. 2004 2.000% $1,547,564.95 $62,523.80 1.8900% Minneapolis, Minnesota 2005 2.000% 2006 2.000% 2007 2.100% 2008 2.500% COMMERCE BANK, N.A. 2004 2.000% $1,546,505.35 $63,214.65 1.9122% Kansas City, Missouri 2005 2.000% 2006 2.000% 2007 2.100% 2008 2.450% UMB BANK, N.A. 2004 1.200% $1,536,211.60 $63,099.23 1.9148% Kansas City, Missouri 2005 1.450% 2006 1.800% 2007 2.150% 2008 2.450% L E A D E R S I N P U B L I C F I N A N C E E H L E R S 3060 Centre Point Drive, Roseville, MN 55113 -1105 651.697.8500 fax 651.697.8555 www.ehlers - inc.com & A S S O C I A T E S I N C Offices in Roseville, MN, Brookfield, WI and Naperville, IL $1,540,000 General Obligation Equipment Certificates of Indebtedness, Series 2003A City of Edina, Minnesota Page 2 RBC DAIN RAUSCHER INC. 2004 1.500% NET TRUE NAME OF BIDDER MATURITY RATE REOFFERING PRICE INTEREST INTEREST 2007 (February 1) YIELD COST RATE MILLER JOHNSON STEICHEN KINNARD 2004 2.000% $1,546,184.00 $63,336.83 1.9162% INVESTMENT SECURITIES, INC. 2005 2.000% 2.000% Minneapolis, Minnesota 2006 2.000% 2008 3.000% GRIFFIN, KUBIK, STEPHENS & THOMPSON, 2007 2.000% INC. 2005 2.000% 2008 2.500% 2.250% RBC DAIN RAUSCHER INC. 2004 1.500% Minneapolis, Minnesota 2005 1.750% 2006 2.000% 2007 2.100% 2008 2.500% WACHOVIA BANK, NATIONAL ASSOCIATION 2004 2.000% Charlotte, North Carolina 2005 2.000% 2006 2.000% 2007 2.500% 2008 3.000% GRIFFIN, KUBIK, STEPHENS & THOMPSON, 2004 2.000% INC. 2005 2.000% Chicago, Illinois 2006 2.250% 2007 2.250% 2008 2.500% $1,541,136.40 $63,795.06 1.9327% $1,551,485.20 $64,562.72 1.9450% $1,546,655.60 $65,342.32 1.9759% BID TABULATION $6,640,000* General Obligation Tax Increment Refunding Bonds, Series 2003B CITY OF EDINA, MINNESOTA SALE: February 18, 2003 AWARD: ADVEST INC. RATING: Moody's Investors Service "Aaa" BBI: 4.83% Standard & Poor's "AAA" NET TRUE NAME OF BIDDER MATURITY RATE REOFFERING PRICE INTEREST INTEREST (February 1) YIELD COST RATE ADVEST INC. 2004 2.000% 1.128% $6,719,461.90 $187,136.02 1.5339% New York, New York 2005 2.000% 1.374% 2006 2.500% 1.749% U.S. BANCORP PIPER JAFFRAY 2004 2.500% $6,754,340.80 $187,825.87 1.5350% Minneapolis, Minnesota 2005 2.500% WELLS FARGO BROKERAGE SERVICES LLC 2006 2.500% Minneapolis, Minnesota CRONIN & COMPANY, INC. 2004 2.000% $6,691,745.50 $189,987.83 1.5632% Minneapolis, Minnesota 2005 2.000% 2006 2.000% RBC DAIN RAUSCHER INC. 2004 1.500% $6,676,146.20 $194,839.22 1.6050% Minneapolis, Minnesota 2005 2.000% 2006 2.000% MILLER JOHNSON STEICHEN KINNARD 2004 2.000% $6,674,646.00 $207,087.33 1.7071% INVESTMENT SECURITIES, INC. 2005 2.000% Minneapolis, Minnesota 2006 2.000% 'Subsequent to bid opening the issue size was decreased to $6,570,000 with the 2004 maturity decreased $20,000 to $2,325,000, the 2005 maturity decreased $20,000 to $2,570,000, and the 2006 maturity decreased $30,000 to $1,675,000 in maturity value. Adjusted Price - $6,648,492.20 Adjusted Net Interest Cost - $184,784.88 Adjusted TIC - 1.5330% L E A D E R S I N P U B L I C F I N A N C E E H L E R S 3060 Centre Point Drive, Roseville, MN 55113 -1105 651.697.8500 fax 651.697.8555 www.ehlers - inc.com & A S S O C I A T E S I N C Offices in Roseville, MN, Brookfield, WI and Naperville, IL BID TABULATION $3,200,000 General Obligation Water and Sewer Revenue Bonds, Series 2003C CITY OF EDINA, MINNESOTA SALE: February 18, 2003 AWARD: UNITED BANKERS BANK RATING: Moody's Investors Service "Aaa ", Standard & Poor's "AAA" BBI: 4.83% NET TRUE NAME OF BIDDER MATURITY RATE REOFFERING PRICE INTEREST INTEREST (February 1) YIELD COST RATE UNITED BANKERS BANK Bloomington, Minnesota U.S. BANCORP PIPER JAFFRAY Minneapolis, Minnesota CRONIN & COMPANY, INC. Minneapolis, Minnesota 2004 1.100% 1.100% 2005 1.300% 1.300% 2006 1.650% 1.650% 2007 2.050% 2.050% 2008 2.450% 2.450% 2009 2.850% 2.850% 2010 3.050% 3.050% 2011 3.300% 3.300% 2012 3.450% 3.450% 2013 3.550% 3.550% 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2.000% 2.000% 2.000% 2.000% 2.550% 2.800% 3.100% 3.300% 3.400% 3.500% 2.000% 2.000% 2.000% 2.500% 3.000% 3.000% 3.100% 3.300% 3.400% 3.500% $3,187,040.00 $553,079.17 3.0347% $3,190,683.70 $556,303.80 3.0546% $3,203,661.55 $559,846.37 3.0687% L E A D E R S I N P U B L I C F I N A N C E E H L E R S 3060 Centre Point Drive, Roseville, MN 55113 1105 651.697.8500 fax 651.697.8555 www.ehiers- inc.com & A S S O C I A T E S I N C Offices in Roseville, MN, Brookfield, WI and Naperville, IL $3,200,000 General Obligation Water and Sewer Revenue Bonds, Series 2003C City of Edina, Minnesota Page 2 NET TRUE NAME OF BIDDER MATURITY RATE REOFFERING PRICE INTEREST INTEREST (February 1) YIELD COST RATE LEGG MASON WOOD WALKER, INC Minneapolis, Minnesota RBC DAIN RAUSCHER INC. Minneapolis, Minnesota GRIFFIN, KUBIK, STEPHENS & THOMPSON, INC. Chicago, Illinois LIMB BANK, N.A. Kansas City, Missouri 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2.000% 2.000% 2.250% 2.500% 2.875% 2.900% 3.000% 3.300% 3.400% 3.500% 1.250% 1.500% 1.550% 2.000% 2.375% 2.750% 3.000% 3.250% 3.500% 3.600% 2.000% 2.000% 2.000% 2.250% 2.750% 3.000% 3.250% 3.250% 3.500% 3.500% 1.200% 1.450% 1.800% 2.150% 2.450% 2.850% 3.100% 3.350% 3.500% 3.600% $3,198,830.30 $560,711.16 3.0768% $3,178,059.20 $560,014.13 3.0780% $3,196,897.85 $565,130.28 3.1003% $3,182,560.00 $567,034.58 3.1148% $3,200,000 General Obligation Water and Sewer Revenue Bonds, Series 2003C City of Edina, Minnesota Page 3 MILLER JOHNSON STEICHEN KINNARD INVESTMENT SECURITIES, INC. Minneapolis, Minnesota STEPHENS, INC. Nashville, Tennessee WACHOVIA BANK, NATIONAL ASSOCIATION Charlotte, North Carolina 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2.000% 2.000% 2.000% 2.000% 2.400% 2.800% 3.100% 3.400% 3.500% 3.600% 3.000% 3.000% 3.000% 3.000% 3.000% 3.250% 3.250% 3.400% 3.500% 3.600% 2.000% 2.000% 2.000% 2.500% 3.000% 3.250% 3.500% 3.500% 3.600% 3.700% $3,186,418.00 $567,893.67 3.1193% $3,231,075.80 $572,653.78 3.1280% $3,207,324.50 $589,267.58 3.2250% NET TRUE NAME OF BIDDER MATURITY RATE REOFFERING PRICE INTEREST INTEREST (February 1) YIELD COST RATE HARRIS TRUST & SAVINGS BANK 2004 1.500% $3,178,131.00 $566,275.04 3.1157% Chicago, Illinois 2005 1.500% 2006 1.800% 2007 2.125% 2008 2.500% 2009 2.900% 2010 3.125% 2011 3.300% 2012 3.400% 2013 3.500% MILLER JOHNSON STEICHEN KINNARD INVESTMENT SECURITIES, INC. Minneapolis, Minnesota STEPHENS, INC. Nashville, Tennessee WACHOVIA BANK, NATIONAL ASSOCIATION Charlotte, North Carolina 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2.000% 2.000% 2.000% 2.000% 2.400% 2.800% 3.100% 3.400% 3.500% 3.600% 3.000% 3.000% 3.000% 3.000% 3.000% 3.250% 3.250% 3.400% 3.500% 3.600% 2.000% 2.000% 2.000% 2.500% 3.000% 3.250% 3.500% 3.500% 3.600% 3.700% $3,186,418.00 $567,893.67 3.1193% $3,231,075.80 $572,653.78 3.1280% $3,207,324.50 $589,267.58 3.2250% AGENDA ITEM: VIII.A. � f� Metro Transit Service: '(� C 01� (' l I am writing to tell you of my concerns regarding the proposed discontinuation of the Metro Service plans for routes 587 & 588 serving the Edina area. I have attended meetings at Southdale to discuss this Metro Transit bus situation, and I feel it will cause hardships for many people, including the elderly and people who depend on this bus service to get to work. Many people who don't have vehicles to drive to a park& ride will have no transportation in getting to work. This situation, I feel needs to be more thoroughly studied before the bus routes are discontinued. Thankyou for your time. Sincerely, Tom Carey ts), P�eq5c wee Pia e 12d� �OtV�° �I+ -5�vC(ude� on � nevi o�c bo� -�A' Our rue n, D� . Lft� COOTO r,' C CGO Customers not using the express portion of the route pay only the local fare. St Louis N ark Minnetonka W E S iii 1 ntedachen Edina Pa 501,'n Eden Normandale I Minneapolis Downtown Zone Ride in the Downtown Zone for 504 c. 3❑ nmepolnt on schedule Find the timepoint newest your stop, and use that ootumn of the schedule. Your stop may be between tinnepolnts. iiiiiiiiin Regular Bus Route Bus will pick up or drop off customers at any bus stop along this route. Ellis Express Route Bus does not pick up or drop OR customers on these route segments. iM Route Ending Point Bus trips from downtown wAth the Indicated letter end at this polyd. Letter Is found In schedules and on bus destination signs. 9D m Connecting Routes toiransfertortran See those route schedules for details. Park d Ride Lot Hospital Park free at these lots while you commute. AGENDA ITEM: VIII.A. Jerry A. Sherman 6813 Hillside Lane Edina, MN 55439 (952) 941 -5522 February 7, 2003 Mayor Dennis Maetzold 5110 Arden Avenue Edina, MN 55424 Re: Proposal to eliminate Metro Transit route 588 bus service Dear Mayor Maetzold: There is an urgent need to reverse the planned elimination of the existing Metro Transit route 588 bus service. This is an express route with three buses scheduled in the morning to bring workers downtown from Edina, and three buses scheduled in the evening to bring them home. Riders are picked up on neighborhood through - streets, and the bus then proceeds downtown via Highways 100 and 394. In conjunction with eliminating this service, it is proposed that Park & Ride service be established that is expected to be a mile or more north of the nothernmost point presently served by this route. The elimination of route 588 presents a hardship for it's riders, and is otherwise ill conceived, for the following reasons: • Because of space limitations in Edina, to make the Park & Ride concept work, we've been told at informational meetings that a parking ramp has to be built wherever space is ultimately found to put it. 1. How much is that going to cost? 2. What is the payback period? 3. Is that economical relative to running three buses 12 miles or so to downtown in the morning and three back in the evening? 4. With the serious financial problems facing every. level of government in this state, how can something like this possibly be justified? Answers to these questions were not provided at the informational sessions. How can any government employee or elected official allow this proposal to proceed without this information? Page 2 The Park & Ride concept may be appropriate for more remote suburban locations, but the area served by route 588 is only ten to twelve miles from downtown. Most of the present riders would have to drive two to four miles to get to the Park & Ride, then park their car, wait for the bus, and then pay $2.25 to be taken the remaining seven miles or so downtown. Then in the evening do the reverse and pay another $2.25. With 21 business days a month, that comes to $94.50 for monthly bus fare. For these short distances, once you're in your car, why spend the money and take the time to fool around with the bus? It's hard on your car, too, especially in the winter, to drive it a short distance and then leave it parked outside all day. It makes better sense, since you're in your car already, to just drive downtown and use the $94.50 not spent on bus fare to almost cover the cost of a surface parking spot. There are riders on the route who don't drive or are from single car families and don't have access to a car. They are dependent on the bus, and will have to walk many miles under this proposal, in some cases on streets without sidewalks, to get to bus service. These people are very worried about this proposal. • Neighborhood bus service is provided for all areas within the Minneapolis city limits, usually all day, seven days a week. Some areas of Minneapolis are farther from downtown than the area served by route 588's more limited service. Why should the 588 riders be penalized, by losing their more limited bus service, because they live in an inner ring suburb rather than Minneapolis? I believe in mass transit. I want to take the bus. I want to keep cars off the highway. But under this proposal, my car and many others will be added to those parked downtown every day. I urge you to take action so that the current bus service provided by route 588 is maintained. Metro Transit has established a February 14, 2003 deadline to receive feedback on this proposal. Please let me know how you intend to respond to this situation. Thank you very much. Sincerely, erry A. Sherman 02/18/2003 10:26 612 - 683 -3478 OWEST AGENDA ITEM: VIII.A. February 18, 2003 Scot Housh Edina City Council PAGE 01/01 Dear Mr. Housh: I was told that there is a City Council meeting tonight and that revamping bus routes is part of the agenda. I am writing to express my conccros. I've been riding the bus to work for 32 years. 12 of those years have been in Edina. My husband and I purchased our home on toe bus line because I don't drive. I am against cutting the Vernon Avenue bus routes west of Eden. Too many people depend on that line to get to their jobs. Many either don't drive, don't want to drive, or share 1 car with their spouse. If you cut the route and force riders who do drive into their cars, the bus will lose business and there will be more vehicles on Vernon Avenue (that's not a good thing). Options: Cut 2 buses from the 4 buses that serve the 146E line. Provide a shuttle to the Park & Ride at Garden Park Extend the 588 route down Vernon Ave (West). Extend some 46 buses down Vernon Ave (west). Better Option: Leave as is. Thank you for including'my. opinion in your meeting tonight. Sincerely, Susan Van Putten (A 0 YroRPOPA�_ \ lees 'r1A. NAGENDA ITEM: VIII. B. Richard Olson No packet data [—] Oral presentation F1 Information coming MINUTES OF THE REGULAR MEETING OF THE EDINA HERITAGE PRESERVATION BOARD TUESDAY, JANUARY 14, 2003, AT 7:00 P.M. EDINA CITY HALL COUNCIL CHAMBERS MEMEBERS PRESENT: Chairman, Gary Nyberg, Peggy Jennings, Herman Ratelle, Ann Swenson, Lois Wilder and Don Wray MEMBERS ABSENT: Bill Crawford and John McCauley STAFF PRESENT: Joyce Repya, Associate Planner OTHERS PRESENT: Robert Vogel, Preservation Planning Consultant I. CALL TO ORDER: Chairman Nyberg called the meeting to order at 7:00 p.m. II. APPROVAL OF THE MINUTES: Member Swenson moved approval of the minutes from the December 10, 2002 regular meeting. Member Wilder seconded the motion. All voted aye. The motion carried. III. ANNUAL MEETING: • REVIEW 2002 ACCOMPLISHMENTS: Board members reviewed the following list of accomplishments for 2002: • Amended the city's heritage preservation ordinances ( #'s 801 and 850.20) • Established a registry of Edina Heritage Landmarks (replacing the heritage preservation overlay district) • Retained an historic preservation consultant to help implement the new ordinance • Adopted a preliminary list of properties eligible for designation as heritage landmarks and districts • Nominated the Cahill School and Minnehaha Grange Hall for designation as Edina Heritage Landmarks • Initiated the Heritage Landmark District designation process for the Edina Country Club District • Appointed a member of the Planning Commissions to the Heritage Preservation Board • Adopted revised Heritage Preservation Board Rules of Procedures Planner Repya asked if for corrections and/or additions to the listing of accomplishments. Board members agreed that the listing was complete and offered no additions. • GOALS & OBJECTIVES FOR 2003: Consultant Vogel suggested the following goals and objectives for 2003: • Designate the Edina Country Club Heritage Landmark District • Observe Historic Preservation Week (May 5 -12) • Develop a preservation concept plan for the Edina Theater Marquee • Conduct a survey of heritage resources in the Morningside neighborhood • Revise the historic preservation element of the city's Comprehensive Plan • Recruit a student member to serve on the Heritage Preservation Board • Develop a website devoted to the city's historic preservation program • Maintain the city's Certified Local Government (CLG) status Board members agreed that the aforementioned goals and objectives were consistent with their vision. They also added the following activities to consider: • 50th and France building inventory survey to be done in conjunction with the Edina theater marquee • Consider individual homes already identified in the 1980 survey for HLD designation • EDINA HERITAGE AWARD: Consultant Vogel presented the following proposal for an Edina Heritage Award Program: Concg t It is proposed that the Edina HPB sponsor an annual "Edina Heritage Award" to showcase local historic preservation activity. The award will be presented during National Preservation Week, May 5 -12, 2003. the National Trust for Historic Preservation sponsors Preservation Week in partnership the Minnesota Historical society, the Preservation Alliance of Minnesota and other state and local organizations. Rules 1. the Edina Heritage Award will be given to the individual, family, company or organization that has made an outstanding contribution to the preservation, rehabilitation, restoration and use of Edina's heritage resource. 2 2. Any individual, company or organization is eligible to be nominated for the award, including non - residents, but in order to be considered, the heritage resource must be located in the City of Edina. 3. Current members of the Edina HPB are not eligible. 4. One award will be given each year. Procedures 1. The Edina HPB will issue a call for written nominations in February 2. Nominations will be sent to the Edina HPB at City Hall. 3. The deadline for nominations will be the first day of April. 4. A committee appointed by the HPB will select and notify the award winner. 5. A commemorative plaque will be presented to the award winner at a Regular meeting of the Edina City Council during Preservation Week. Discussion ensued regarding the proposed award program. Member Jennings asked if nominations had to be properties designated heritage landmarks. Mr. Vogel stated that the nominated properties did not have to be designated. He added that in other cities where an award system is currently in place, the honors have gone to developers, however the majority are private homeowners. Addressing the appointment of a committee, Mr. Vogel indicated that the selection committee should be small, with probably no more than four members. He added that he would be happy to serve on the first committee. Planner Repya, members Swenson and Nyberg agreed to round out the committee. Planner Repya indicated that she would arrange with the city's Communications Coordinator, Jennifer Wilkinson to advertise the call for nominations as well as the rules and procedures. No formal Action was taken. • REVIEW RULES OF PROCEDURES: Consultant Vogel explained that the review of the Bylaws and Rules of Procedures is a standard agenda item at an annual meeting of most Heritage Preservation Boards. The purpose being that if a board desires any procedural changes, they should only be addressed once a year at the annual meeting. However, in light of the fact that Edina's Rules of Procedures were amended in the past year, it is unlikely that any changes will be required at this time. Board members agreed with Mr. Vogel. No formal action was taken. 2003 MEETING SCHEDULE Planner Repya presented the Board with the schedule for their regular meetings to be held on the second Tuesday of every month at 7:00 p.m. in the K3 Lower Level Conference Room, at Edina City Hall. The Board accepted the schedule with no changes. IV. COUNTRY CLUB DISTRICT: • MORATORIUM ON DEMOLITIONS: Planner Repya explained that although at the December meeting the HPB was under the assumption that the moratorium on demolitions of principal structures in the Country Club District expired on December 19`h and could not be extended, the City Attorney, Jerry Gilligan determined that indeed the moratorium could be extended. That being the case, the City Council held two special meetings, one on December 23rd and the other on December 26`h, at which time they imposed a six- month extension to the moratorium with an expiration date of June 26, 2003. Planner Repya went on to explain that the City Council is very eager to complete the Heritage Landmark designation of the Country Club District, thus, Staff has scheduled the designation request go before the Planning Commission on January 29, 2003 and on to the City Council with the Planning Commission's recommendations on February 4, 2003. Following a brief discussion, Member Wilder introduced the following resolution recommending the Edina Country Club District be designated as an Edina Heritage Landmark: RESOLUTION HPB — 005 NOMINATION OF EDINA'S COUNTRY CLUB DISTRICT FOR DESIGNATION AS AN EDINA HERITAGE LANDMARK RESOLVED: Pursuant to 850.20, subd. 4 of the City Code, the Heritage Preservation Board (HPB) nominates the Edina Country Club District for designation as an Edina Heritage Landmark. Resolution moved by: Member Wilder Resolution seconded by: Member Jennings Board members voting in favor of the resolution: Nyberg, Ratelle, Swenson, and Wray Board members voting against the resolutions: None • LANDMARK NOMINATION STUDY: Consultant Vogel presented the proposed Landmark Nomination Study for the Country Club application package: The study was broken down into the following elements: • Introduction • Description of the District 4 • Historical and Architectural Significance • Evaluation of Landmark Eligibility • Plan of Treatment • National Register of Historic Places Inventory including each address in the district with year built and architectural style, and • Guidelines for New Home Construction in Edina's Country Club District Board members closely reviewed the proposed Guidelines for New Home Construction pointing out that they liked the categories being broken down into recommended vs. not recommended treatments. The following additions were made to the proposal: Exterior finishes: Roofing Material: Architectural Styles: Recommended Wood Shakes Not Recommended Vinyl Recommended Slate Wood Shingles Not Recommended Split Entry Following a brief discussion, Member Swenson moved approval of the proposed Guidelines for New Home Construction with the additions recommended by the Board. Member Jennings seconded the motion. All voted aye. The motion carried. V. HISTORIC PRESERVATION PROCEDURES: Planner Repya asked Mr. Vogel to walk the Board through the procedures an applicant would go through when requesting a Certificate of Appropriateness from the HPB. Mr. Vogel explained that in order to demolish a structure, build a new structure, move a structure, or conduct an excavation on a landmark designated property, the following procedures should be followed: 1. The property owner will begin the process by completing a Building Permit Application. 2. The Building Department, determining that the subject property is designated Heritage Landmark, will forward the application to the Planning Department that will require in addition to the building permit requirements, a plan showing the roof and eave line elevations of adjacent properties. Applications must be received at least 10 working days before the next scheduled Heritage Preservation Board meeting in order to be heard at said meeting. 3. The Planning Staff will write a report to be presented at the next meeting of the Heritage Preservation Board. The report will explain the nature of the request and recommend a course of action for the Board, either approval of denial. If a proposal is approved, a Certificate of 5 Appropriateness will be issued authorizing the building official to release the building permit if all other requirements are met. The decision of the Board will be final, however appeals may be made to the City Council within 10 days of the meeting. Member Wray asked how property owners would be advised of the landmark designation, particularly if a property sells. Planner Repya explained that the historic designation of a property should be disclosed to a buyer prior to the purchase. She added that once the district is designated, a letter can be sent to the managers of the major real estate offices in town explaining the landmark designation and its ramifications. She also indicated that an article in the City's "About Business" publication might be another vehicle to get the word out about the designation. Board members agreed that would be a good idea. Discussion ensued regarding the procedures. Board members agreed that they appeared straight- forward and easy to comprehend. Mr. Vogel interjected that he did not foresee a great number of permits for demolitions and new construction in the district. V. OTHER BUSINESS: None VI. NEXT MEETING DATE: February 11, 2003 VII. ADJOURNMENT: 8:35 p.m. Respectfully submitted, T UL /U! /UJ CKL 10:10 rAA ULZ J4U 00UU UUmbbi WULT EY LLY DORSEY & WHITNEY LLP VIA FACSIMILE Michael Siitari Chief of Police City of Edina Police Department 4801 West 50th Street Edina, MN 55424 Re: Metzger vs. City of Edina, et al. Dear Chief Siitari: Enclosed please find a copy of Judge Duffy's Findings of Fact, Conclusions of Law and Order for Judgment upholding your decision to deny Dr. Metzger a permit to carry. Very ly yours, Step en P. Lucke SPL:sew Enclosure cc: Shari Jerde, Esq. Jerome P. Gilligan, Esq. LO 002 CONTA MESA MINNF.AI�C�4IR SUM. M.10 UII.I,IN(iS Nagy W. "tK ,511 SC1Ul'H SIXTH $1'KF,.P.T r•AKOC> S, MIIVN¢SOTA 55402.1498 sm,rr1.K MINNPAPO HONG KCYN(i LIENVfIC TELCPHUI�ffl: (012) 340- 2()U(1 cnQAT MLEs WASHINCrTON, C>.(•. FAX: 61Z 34021468 ( � - R0(:IYCS76R H(l14TI461%N VIUCINIA www. Iowylaw.Con, TOKYO VIII MOINVI MIS\OUI.A LOMMIN 9TEPMR P. LUCKS vANanuvelt A N(; H611 %A(' E punt ur (6]2) 343.7947 ToNa7NTY) SAL.N I.AKP. CITY F'AX (612( 340 -2777 s►(ANCnAI MWIAMl,s lncke.4tev4doweylaay.eom February 7, 2003 VIA FACSIMILE Michael Siitari Chief of Police City of Edina Police Department 4801 West 50th Street Edina, MN 55424 Re: Metzger vs. City of Edina, et al. Dear Chief Siitari: Enclosed please find a copy of Judge Duffy's Findings of Fact, Conclusions of Law and Order for Judgment upholding your decision to deny Dr. Metzger a permit to carry. Very ly yours, Step en P. Lucke SPL:sew Enclosure cc: Shari Jerde, Esq. Jerome P. Gilligan, Esq. LO 002 v uL/uI/uo rKL 10:1f rAA O1L 49u oouu LVKbbx MILL rIx LLY STATE OF MINNESOTA COUNTY OF HENNEPIN Franz Josef Metzger, Plaintiff, VS. Michael Siitari, Chief of Police, Edina Police Department, Defendants. DISTRICT COURT FOURTH JUDICIAL DISTRICT CASE TYPE:. CIVIL I O'T'HER File No. 01 -15009 FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER FOR MGMENI' The above - entitled matter came duly on for trial, pursuant to Minn. Stat. § 624.714, before the Honorable David M. Duffy on September 23, 2002. The trial continued on September 24, 25,26, and September 30, concluding on October 1, 2002. Elizabeth F. Carlson, Esq., appeared for and on behalf of Plaintiff. Stephen P. Lucke, Esq., and Shari L. Jerde, Esq., appeared for and on behalf of Defendant. Plaintiff and Defendant Siitari both appeared personally. Thereafter, the parties submitted final arguments in writing and on November 15, 2002, this matter was taken under advisement. Based upon the evidence adduced, the argument of counsel, and all of the files, records, and proceedings herein, THE COURT FINDS: 1. Dr. Franz Josef Metzger, the Plaintiff in this actim resides at 5021 Schafer Road, Edina, Minnesota. He is a dentist and his practice located at 6600 Excelsior 1 �p.J.UU3 I 02/07/03 FRI 15:17 FAX 612 340 8800 DORSEY WHITNEY LLP 0004 Boulevard, St. Louis Park, Minnesota, is approximately two to three miles from his home. The Plaintiff and his brother own and operate a tree fans in Itasca County, Minnesota. Dr. Metzger is a collector of vintage machine guns. 2. In 1999, Michael Siitari was appointed to be the Chief of Police in Edina where Plaintiff resides. By statute, the Edina Chief of Police has the authority to issue a permit to carry a concealed weapon to an Edina resident pursuant to an application process. Minn. Stat. § 634.741. Subdivision 4 of the statute describes the investigation process required of the Chief of Police and subdivision 5 sets forth the criteria for the Chief s decision to grant or deny a permit. Subdivision 7 provides that a permit will expire in one year and provides for renewal in the same manner as the original permit was obtained. 3. Commencing in 1994 and continuing through 1999, Plaintiff applied annually for a permit to carry a pistol. Each year, the former Police Chief; William BerWhelm issued a permit to Plaintiff. The permits bore the restriction "Valid for traps to dental office 6600 Excelsior Blvd. and trips to tree farm in Itasca County." 4. On March 23, 2000, Plaintiff submitted a renewal application for his permit to carry a concealed weapon. As was the case in prior years, pursuant to statute, Plaintiffs application was made to the Edina Police Chief. Plaintiff s 2000 application for renewal did not set forth any occupation or personal safety hazard requiring that he carry a concealed weapon. 5. In 1999, Michael Siitari, a Defendant in this action, had become the Police Chief for the City of Edina. In March of 2000, Chief Siitari received Plaintiff s application for renewal of his permit. Chief Siitari testified that he reviewed Plaintiffs 2 02/07/03 FRI 15:18 FAX 612 340 8800 DORSEY WHITNEY LLP prior permit applications and, based upon that review, denied Plaintiff s March 2000 renewal application. 6. Chief Siitari testified that his -review of the file (prior applications) failed to provide evidence justifyiuig the issuance of a permit. However, Chief Siitari did not Know whether or not Former Chief Bemhjelm's decision to issue a permit was the result of consideration of additional information not set forth in those earlier applications. ,Chief Siitari's denial of renewal was based upon the grounds that "dentist and tree farm owner do not qualify as occupations or personal safety hazards that require a permit to carry. 7. Plaintiff requested reconsideration of the decision denying his application for renewal. On April 12, 2000, in a letter to Chief Siitari, Plaintiff set forth the following list of reason favoring, renewal of his permit: 7 . Necessary to work In office at night after normal business hours (lab work, eta) 2. Methodist Hospital Emergency Staff Member, requires treating patients In personal office 24 hrslday, most often at night. 3. Federal Narcotics Ucense, -drugs and controlled substances in office Wong with gold, silver, platinum, computers, video cams, and other hi -tech equipment make my ofte a real target. 4. No other security other than door locks. 5. Office located in high -crime area adjacent to large government housing project. 6. Suspicious individuals hanging out In office complex and in vehicles in parking lot. 7. History of break -Ins In building with the most recent police report fled not even a month ago on 3/24!00. a. History of break -ins in my own office. On one night, I missed being ambushed by felons by mere hours. 9. I have been personally threatened on more than one occasion. 10. 1 have fear for my own safety and fear that my very life is at risk. B. Plaintiff failed to support the allegations in this list with documentation. Plaintiff did not produce copies of police reports docnmen ing the alleged break -ins at his office. 3 10005 02/07/03 FRI 15:18 FAX 612 340 8800 DORSEY WHITNEY LLP 10006 9. In his letter of April 12, 2000, in addition to requesting reconsideration, Dr. Metzger requested that the permit to carry be expanded to allow him, to carry `,when transporting fully automatic firearms." 10. Chief Siitari responded to Plaintiff's request for reconsideration on April 26, 2000, requesting documentation to support Plaintiff s claimed basis for needing a permit to carry a concealed weapon. 11. On June 21, 2000, Plaintiff provided information intended to support his allegations to Chief SWari. This information included documentation concerning police service calls to Meadowbrook housing complex and to Plaintiff's office building. Plaintiff also submitted a document he titled a "sworn statement" wherein he claimed his office safety had been breached at least three times by thieves and threats to "keep awa)?' and "stand back" 12. Plaintiff's June 21, 2000 submissions included no police reports documenting these alleged breaches of office security. The submissions provided no documentation demonstrating how Plaintiff's occupation as a dentist required a permit to carry a concealed weapon. Plaintiff produced no information concerning his family tree farm in Itasca County . Plaintiff provided no information regarding transportation of automatic firearms. 13. On June 27, 2000, Chief Siitad reaffirmed his decision to deny Plaintiffs renewal permit application. Based upon the record and his independent inquiry, the Chief concluded that Plaintiff had not demonstrated a need to carry a concealed weapon. Chief Siitari testified that he considered the information provided by Plaintiff in April and June 4 02/07/03 FRI 15:19 FAX 612 340 8800 DORSEY WHITNEY LLP 0007 2000, after his renewal application was initially denied, and found the statutory requirements were not met. 14. At trial, Chief Siitari testified that he makes decisions regarding gun permit applications on a common- sense, case -by -case basis, following the statutory requirements. He testified that he followed the statute in making the decision to deny Plaintiffs renewal application and did not impose any stricter or different requirements on Plaintiff beyond those set forth in the statute. 15. Chief Siitari testified that he had received on-the-job training and did on- going research concerning the issuing of permits. Chief Siitari testified that he refers to the City of Minneapolis guidelines as one point of reference in considering a permit application. He testified that he considers whether circumstances may require the use of deadly force. He does not however, require applicants to show that they will be required to use deadly force in public. 16. A year after the renewal of Plaintiff's permit application was. first denied, Plaintiff, through his attorney, sought further reconsideration. He asserted that his dental practice is located near a low - income housing project and in a building where there have been break -inns. He Anther stated that his office contains narcotics, precious metals, and computer equipment. Plaintiff Rather asserted that he collects and deals. in fully automatic vintage weapons, involving his attendance at gun shows and "shoots" to display, buy, sell and shoot his weapons. Plaintiff claimed that family tree farm is located remote from law enforcement and that it had been burglarized in the past. Plaintiff submitted documentation he claimed supported his request. 5 02/07/03 FRI 15:20 FAX 812 340 8800 DORSEY WHITNEY LLP Q 008 17. Chief Siitari reviewed the additional information provided by Plaintiff and responded on March 27, 2001, that the denial decision would stand. He concluded that the additional information did not establish that Plaintiffs occupation or a personal safety hazard resulted in a need for Plaintiff to carry a concealed weapon. 18. On August 9, 2001, Plaintiff, again seeldng reconsideration, asserted for the first time that has "primary occupational safety hazard ... stems from his lawful possession and regular transportation of controlled substances and precious metals in connection with his dental practice." He further claimed that his primary safety hazard stems from his possession and transportation of the vintage fully automatic weapons in his gun collection. 19. Chief Si itari again affirmed his decision to deny renewal of Plaintiff's permit on August 14, 2001, findingno evidence to support Plaintiff's claim that dentists or. vintage gun collectors are at greater risk for harm than the general population. 20. At trial, the entire record, submitted to Chief Siitad by Plaintiff in connection with his repeated requests for reconsideration, was placed in evidence. These documents were not admitted for truth of the matter asserted therein, but as evidence of the record upon which the Chief relied in making his decision. 21. At trial, Plaintiff testified that he has a personal safety hazard in relation to his dentistry practice, because he has access to and possesses narcotics and precious metals and has expensive equipment in his office. Plaintiff testified this safety hazard is exacerbated by the location of his office building in an area he describes as "high crime." 22. Plaintiff's office building is located in St. Louis Park adjacent to another professional building. It is in very close proximity to Methodist Hospital. The building UZ /U!!UJ rKL 1a: Z1 rAA O1Z 44U OODU UUKbbX WtIIIN X L.LY located on a comer is across the street from a golf course and from the Meadowbrook . housing complex. Plaintiff failed to provide evidence establishing that his office,is located in a "high crime" area. Plaintiff s testimony established that his sole basis for this claim was the office building's proximity to the Meadowbrook housing complex. 23. Chief Siitari testified concenirlg Iris consideration of Dr. Metzger's allegation that his office is located in a "high crime area." The Chief stated that he does not require a "high -crime area" as a factor in granting or denying a permit, but he considers the area as a factor. 24. Chief Siitari testified that he is familiar with the Meadowbrook complex. Chief Siitari testified that he drove past Plaintiffs office building and into the parking lot. In addition, Chief SUtari consulted with the St. Louis Park Police Chief concerning the area in which Dr. Metzger's office is located. The Chief was informed that earlier problems at Meadowbrook had been addressed with community- oriented policing and that the housing project is at this point a "success story." Based on his familiarity with the area, as well as his investigation, the Chief testified that be had concluded that Plaintiff did not face any greater danger than the general population. 25. At trial, the sole evidence of reported crime in the building where Plaintiff offices was the police report from a burglary that occurred in 1994 where four office suites were entered and $1504200 was reported stolen. The perpetrator did not enter Plaintiff s office suite and Plaintiff presented no evidence that he was even in the building at the time of this burglary. 7 WI UUa 02/07/03 FRI 15:21 FAX 812 340 8800 DORSEY WHITNEY LLP 26. Plaintiff testified that he confronted a purse thief in his office suite in 1997. When confroated, the thief instructed Plaintiff to "stand back" "and then fled. There is no evidence that this individual was armed and the incident was not reported to the police. 27. Although Plaintiff had alleged that he spends late nights at the office, doing lab work and treating patients, there was no documentation or testimony to establish that these late nights are other than occasional. The testimony failed to establish whether other professionals and possibly their patients were not also present on such occasions. 28. Plaintiff is aware that he can, without a permit, have a gun at home and at his office and can carry the gun with him in the parking lot. Dr. Metzger testified that he does keep a gun in his office. Based upon this, Dr. Metzger's perceived personal hazard is limited to the two to three mile drive between his home and his office. 29. At trial, evidence was adduced concerning Plaintiffs allegation that his- transportation of narcotics places him at greater risk than the general population. Plaintiff testified that not all dentists keep pain pills on the premises, but he does this as a service to his patients. 30. The Dr. keeps codeine and Vicodan. Dr. Metzger testified that it is his practice to order large quantities of these drugs because of discounts available on large orders. He stores them at his home, where he believes a large quantity is safe, and transports smaller quantities to his office as needed 31. The Dr. testified that, approximately 12 times per year on an as needed basis, he transports 25 to 50 pills from his home to his office. This is not a predictable or scheduled delivery and the Dr. does not inform anyone when he is carrying this small batch of pills. There is no reason for Plaintiff to transport these drugs other than in the daytime. 8 la 010 02/07!03 FRI 13:22 FAX 612 340 8800 DORSET' WHITNEY LLP 32. Dr. Metzger testified concerning his allegation that his occupation necessitates his transporting precious metals to and from his office. Approximately twice a year he transports dental gold taken from patient's teeth from his office to his home. This gold is not used in his dental practice, but is a by- product, which the Dr. saves because it has pecuniary value. He carries approximately one -half ounce at a time from his office to his home. The value of this gold is approximately $500 per ounce. 33. Plaintiff has been transporting narcotics and/or dental metal in the above- described manner since 1972. He has ,never been assaulted or attacked traveling between his home and office, nor has he ever been confronted or threatened in his office parking lot. 34. Plaintiff called witness Thomas George, a private investigator, to provide expert testimony on his behalf. 1VIr. George has a background in law enforcement and currently works in "security." Approximately seven years ago, Mr. George opened an agency. He also advi3es clients on personal protection issues. Mr. George was hired by the Plaintiff and he concurs with Plaintiff s opinion that Plaintiff requires a permit to carry. 35. Dr. Metzger provided Mr. George with information relating to his own perceived need to cant' a weapon. Based upon this information £Dorn the Dr., his own investigation, and his expertise, Mr. George agreed with Dr. Metzger's opinion that there were personal safety concerns with Dr. Metzger's transportation of narcotics and metal. 36. When questioned at trial, Mr. George did not establish that he was particularly well informed concerning the drug /narcotic transportation issue. He testified that he did not recall how often Plaintiff transported these things. Mr. George admitted that in his career he had never investigated the theft of drugs from a dentist. When questioned, 9 011 Mr. George was completely unfamiliar with the security (or lack of security) at Dr. Metzger's office building. 37. Because Plaintiff can have a gun at his home and at his office, including the parking lot, the only place he would conceivably face any potential risk and would be unarmed is while traveling between home and office. Mr. George opined that this was a safety concern. Chief Siitari testified that, based on his wTerience and knowledge of crime in the Twin Cities, he did not view any type of armed confiontation during that transport time as even, remotely likely. 38. Although Plaintiffs expert Thomas George testified that-Plaintiff has a personal safety hazard stemming from his dentistry practice in that it involves the transportation of drugs and precious metals, the Court places more credence in Chief Siitari's testimony. Chief Siitari has been in law enforcement for the last 24 years, the last three as Chief of the Edina Police. Chief Siitari reviews weekly statewide crime statistics and Hennepin County crime bulletins and supervises current crime investigations in Edina. By comparison, Mr. George has had no opportunity to investigate crime since 1978 and his current knowledge regarding crime is based on the intemet, newspapers, his work in the security industry, professional magazines, and FBI crime statistics. 39. Neither Plaintiffs access to narcotics, dental metal, and prescription pads nor his practice of transporting narcotics and/or dental metal between his home and office create a special circumstance demonstrating a particularized need for a gun permit. 40. Dr. Metzger is a collector of " curio - relics," vintage automatic machine guns. He has alleged that his activities as a gun collector result in a personal safety hazard justifying the issuance of a permit to carry. 10 02/07/03 FRI 15:23 FAX 612 340 8800 DORSEY WHITNEY LLP 41. Plaintiff is a collector with focus on antique automatic weapons. These guns are valued by collectors. Collectors like Dr. Metzger are willing to pay a great deal of money to possess them. In addition, the Dr. collects various handguns and assault rifles. 42. Plaintiff testified that he believes he has a personal safety hazard stemming from his hobby of collecting curio -relic machine guns. His perceived hazard results from his transporting of these collectibles. Plaintiff testified that he transports some of his curio - relics to his tree farm in Itasca County approximately 20.25 times per year. There is no predictability to any of these trips and Plaintiff does not transport his guns in open view. 43. Mr. George opined that by itself the fact that Plaintiff' is a guo collector is sufficient to establish a personal safety hazard justifying the issuance of a permit. Mr. George stated it was "foreseeable" that "bad guys" could see Dr. Metzger's collection at a "shoot" or a show and "and abduct him for that purpose or any other." 44. Mr. George provided little if any foundation for his belief that the criminal element attends gun show's. He could not deny that it would be easier to fence a gun that was not traceable than it would be a collector's item. Mr. George was unable to identify a single incident where an antique gun collector was kidnapped or assaulted by someone tying to gain access to antique guns. The totality of Mr. George's testimony concerning a "foreseeable" abduction of Dr. Metzger on his way to and from shows and "shoots" simply was not credible. 45. Chief Siitari's opinion is that, based on his many years of experience, training and knowledge of crime m the Twin Cities, Plaintiff's curia -relics are not the type of weapons coveted by criminals because they are unique, easily traceable, and not easily fenced. Having reviewed state -wide crime reports and Hennepin County crime bulletins on 11 16 012 i 02/07/03 FRI 15:24 FAX 812 340 8800 DORSEY WHITNEY LLP a weekly basis for 24 years, Chief Siitari has not seen crime related to gun shows or gun collectors and he does not recall a single instance where someone attempted to steal a vintage or collection piece. Chief Siitari further testified that he considered the likelihood that an armed criminal would confront, ambush, or kidnap Plaintiff to relieve him of his property as remote. 46. Plaintiff sought to establish that transportation of his collection to his farm placed him uniquely at risk, particularly on the "cart path" allowing access to the property. Plaintiff testified that he transports his guns with him when he goes to the tree farm. He enjoys a private shooting range there. He states that because of the farm's proximity to a lake, the sound of his shooting carries a great distance and people all around are therefore aware of his guns. Plaintiff testified that he believes that people would target him for the guns.. 47. The major portion of this cart path is on the Metzger private property. Approximately one and one -half miles of this path, however, is located on public property. . Dr. Metzger is entitled to carry a weapon without a permit when he is on his property. He claims that there is a risk to his safety because a portion of the cart path that he must drive is on public property. There is no regular patrol of the cart path by local law enforcement. It may take as long as 35 minutes for an officer to respond to a call at the Metzger property. 48. At trial, Plaintiff called Thomas C. Neustrom, an Investigator/ Supervisor from the Itasca County Sheriff's Office. Investigator Neustrom testified that he investigates the most serious crimes in Itaska County, where Plaintiff owns the tree farm. Investigator Neustrom testified concerning crime on the Metzger property and concerning the cart path to the property. 12 0 013 02/07/03 FRI 13:23 FAX 612 340 8800 DORSEY WHITNEY LLF 014 49. Neustrom testified that recently the crime of arson had been committed on the tree farm property. A two -can garage was burned. There were four perpetrators, two adults and two juveniles. The adults were 18 and 20 years old. None of the four had a felony record. The perpetrators had been drinking prior to starting the fire. The evidence established that there was no reason to believe that .perpetrators were armed. 50. Plaintiff presented additional evidence of trine at the tree farm, which consisted largely of vandalism by town kids, trespassing by deer hunters, and a burglary about three or four years ago. plaintiff was not present at the time of the burglary. All of these property crimes took place on Plaintiff s land where he does not require a permit to carry. 51. There was little evidence adduced as to the crime in the area surrounding the farm. For instance, not far from the Metzger tree farm, there is a public landing on a lake. This landing has been the site of juvenile parties with underage drinking. 52. There has been no reported crime on the cart path, but Pfau ti#'presented testimony concerning the possibility of such crime. Neustrom speculated that Dr. Metzger could have surprised the individuals that who set .fire to the garage on his property as they were leaving on the cart path. This did not happen. There is no evidence of any incident where Dr. Metzger surprised or was surprised by an intruder on the cart path. 53. Plaintiff did not present any evidence establishing that the cart path is a particularly dangerous area frequented by criminals, nor did he provide any evidence establishing that the tree farm itself is located in a particularly dangerous area. Chief Siitari testified that the property crimes at the tree farm are not the type of crime wherein the 13 02/07/03 FRI 15:25 FAX 612 340 8800 DORSEY WHITNEY LLP perpetrator is likely to confront the property owner. Regardless .of the likelihood of confrontation, Plaintiff can carry a gun on his own land without a pemait. $4. Neither Mr. George nor Chief Siitari had the benefit of visiting the farm and seeing the cart path first hand. Based apparently on the Dr.'s description of the cart path, Mr. George testified that the Dr. could easily be "ambushed" on the road. This mirrors Dr. Metzger's own testimony that the cart path is a "good place for an ambush." Mr. George further opined that an encounter on the public cart path is "foreseeable." He failed to clarify how he was using the term "foreseeable" and never established a meaningful nexus between the term and the requisite personal safety hazard. 55. ' Nothing in anyone's testimony established that the cart path could be distinguished in any significant way from all the similar roadways to out state cabins. 56. Taken in the context of his testimony as a whole, including-the perceived risk to the Dr. at stoplights between Edina and St. Louis Park, Mr. George's opinion concerning a potential ambush on the cart path lacks credibility . 57. In an attempt to support an inference that guru collecting is in and of itself a dangerous pursuit, justifying the issuance of a permit, Plaintiff called Brian Linde. Brian Linde, testified that he had been granted a permit to carry a concealed weapon in Morhcello, Minnesota There was no evidence as to the reasoning behind the Monticello Police Chief s decision to grant this permit. 58. Evidence was adduced that was intended to show that there are similarities between Plaintiff who has been denied a permit, and Mr. Linde, who has a permit to carry. There are some sirnilaxides in their circumstances, but their circumstances are far from 14 Z015 02/07/03 FRI 15:28 FAX 812 340 8800 DORSEY WHITNEY LLP 10 018 identical.. For instance, Mr. Linde is a federally licensed gun dealer; Dr. Metzger is a collector of guns and not a federally licensed gun dealer. 59. Plaintiff attends only about six gun shows per year and does not bring his curio - relics to these events. Plaintiff transports some of his curio - relics to approximately four gun "shoots" per year, as well as to show friends. The timing of these instances where the curio relics are transported is neither frequent nor predictable. In contrast, as a dealer, Mx. Linde attends gun shows frequently. 60. Mr. Linde conducts numerous transactions, buying and selling, machine guns annually and frequently effects these transactions in cash. Although Plaintiff can sell or trade guns, he does not do so. 61. There are other critical factors that may distinguish Mr. Linda's circumstances from those of the Plaintiff. Mr. Linde has a security job in the nuclear plant in Montecello, Minnesota. It is a condition of his employment that Linde have a permit to carry. 62. Another factor, distinguishing Linde from Plaintiff is that Mr. Linde has a much higher profile as a gun aficionado. He deals in guns and he works with the military museum at Ft. Ripley, valuing donated weapons there. He has bought and sold as many as 100 guns in a year and there is public knowledge that he has weapons. There may be some sirnil cities between Linde and Plaintiff, but clearly Mr. Linde's circumstances are not the relevant focus in this case. 63. While Mr. Linde would tend to believe that Plaintiffs circumstances entitle him to a permit, Mr. Linde is not a peace officer, entrusted by statute, with the decision as to who is entitled to carry a concealed handgun. is 02/07/03 FRI 15:27 FAX 612 340 8800 DORSEY WHITNEY LL.P 64. While Plaintiff does transport his collection for his own personal reasons, including shooting them on his private range, he does not transport them on a schedule that would create the potential for an "ambush." When he is transporting his collection, there is nothing to tip off a stranger that he is doing so. Dr. Metzer looks like any ordinary good citizen going to his farm up north or any other location. 65. Dr. Metzei has never been threatened, attacked, or ambushed on the cart PA. Neither he nor any of his witnesses testified to any specific instance where the transportation of a private gun collection had necessitated the owner's use of deadly force. Nor was there any testimony of any particular collector (with or without a permit) that had been the victim of a crime as a result of such transportation. 66. Plaintiff's gun collection is a hobby. He has not shown that the ownership of his unique guns places him-in danger. He stresses that they are valuable, but has not established that they are more attractive to dangerous criminals than art, rare coins, jewelry, ancient artifacts, or any other "valuables" a private citizen may collect or own. 67. Plaintiff and Mr. George have opined that guns are valuable to criminal because they can be used to cQwmit a crime. it is true that criminals use guns, but there was an utter lack of evidence of even a single instance where a criminal obtained his weapon from a private collector by `highway robbery." Dr. Metzger's supposition that he requires a concealed weapon to ward of such an attack tends to presuppose an armed robber — someone who already has a weapon. 68. The list created by Dr. Metzger in April of 2000, to convince Chief 5iitari that he was entitled to have his permit to carry renewed was not supported by credible 16 Q1017 02/07/U3 FRI 15:27 PAX 612 34U 8800 DORSEY WHITNEY LLP evidence at trial. At trial, these claim were shown to be to be irrelevant and/or exaggerated: 1. Necessary to work in office at night after normal business hours (lab work, etc.) (No evidence was adduced to establish the frequency of this night work; it remains a more allegation.] 2. Methodist Hospital Emergency Staff Member, requires treating patients in personal office 24 hrsJday, most often at night. (No evidence was adduced to establish the frequency of this work, 9 remains a more allegation.) 3. Federal Narcotics License -drugs and controlled substances in office along with gold, silver, platinum, computers, video cams, and other hi -tech equipment make my office a real target. [The law allows Dr. Metzger to have a gun in his office. Dr. Metzger does, in fad have a gun in his of @.) 4. No other security other than door locks. [Dr. Metzger testiUd that he keeps the drugs in his office under lock and key and that he has a gun in his office.] S. Office located in high -crime area adjacent to large govemment housing projecL [Public housing is not synonymous with crime. The evidence simply failed to establish that the professional building was in a high -crime area.] ti. Suspicious individuals hanging out in office complex and in vehicles in parking lot. [This is an extremely vague allegation that was not supported by any credible testimony.] 7. History of break4ns in building with the most recent police report filed not even a month ago on 3124/00. [A single police report relating to a burglary (a property crime) in the building was placed in evidence. Dr. Metzger tesfilied to having surprised a purse thief in his office. Again, Dr. Metzger can have a gun In his office.] 8. History of break -iris in my own office. On one night. I missed being ambushed by felons by mere hours. [No evidence of any break -;n to Dr. Metzger ofte suite was adduced. Again, Dr. Metzger can have a gun in his ofte.] 9. t have been personally threatened on more than one occasion. [By who and when? The only evidence even resembling a throat was the purse thlefs advice to `stand back.1 10. 1 have fear for my own safety and fear that my very life is at risk. [The evidence fags to establish a reasonable basis for this dramatic claim.] 69. Plaintiff called former Edina Police Chief William Bernhjelm to give evidence concerning his earlier applications for a permit/renewal and the decision to grant the earlier permits. 70. Plaintiff applied for his initial gun permit on ]March 18, 1994, four days after his office building had been broken into. Bernhjelm initially denied Plaintiffs request for a concealed -carry permit in 1994, based upon Plaintiff not having passed the requisite firearms safety course. Along with completion of the required firearms safety course, Bernl )elm requested documentation of Plaintiff s alleged burglaries/threats as alleged on his application. Plaintiff 17 16 018 i 02/07/03 FRI 15:28 FAX 612 340 8800 DORSEY WHITNEY LL> 10 019 ultimately satisfied Bernhjehn's requests and a permit was granted.From 1994 through 1999, former Chief Bernhjehn annually renewed Dr. Metzger's permit, 71. Chief Bjertahelm was not identified or qualified as an expert. His testimony concerned his decision to initially grant and to subsequently to renew Plaintiff s permit to carry between 1994 and 1999. 72. Chief Bemhjelm testified that he had not issued permits based upon good citizenship. All of the testimony would indicate that Dr. Metzger is a good citizen and would qualify for a permit, if Otis were the standard. 73. Chief Bernhjehn testified that the location of the public housing project and the fact Dr. Metzger alleged that he transported valuables and narcotics were factors in the 1994 decision to issue the permit. Nothing in the evidence established that former Chief Bernhjelm had investigated the details of Plaintiff s transportation of these items in 1994. The former Chief recalled that Dr. Metzger alleged that be would come and go from his office "at all Hours," that there had been after -hours break -ins to the office building, and that Dr. Metzger feared an encounter with as intruder. Bjernhelm stated that he also gave some weight to the tree farm and to the Dr.'s claim, that he felt threatened. This testimony summed up the former police chiefs recollection as to the factors in his decision to initially grant Dr. Metzger a permit. The reasons for granting this initial permit mirror the allegations in Dr. Metzger's April 12, 2000 list. Plaintiff was unable to substantiate these allegations with proof at trial. 74. Bernhj elm granted Plaintiff's renewal requests from 1995 through 1999. He testified that he had not requested or required proof of a current 18 UZ /W /US rKL 10:ZU VAA UiZ 34U 56UU UUKbt:Y WKITIVGT LLr wi UZU personal safety hazard or occupation -based need at the time of these subsequent renewals. Chief Bernhjelm continued to accepted Plaintiffs claimed reasons from 1994 as sufficient in subsequent renewal years. Chief Bernhichn testified that over the years he had not requested any updated documentation concerning the Dr.'s circumstances, because he believe that they had not substantially changed. He testified that if he believed Plaintiff's circumstances had change, he would have requested updated information. 75. There is no evidence that whatever safety hazard, if any, that Plaintiff experienced in 1994 continued throughout the 1990's, and Bemhjelm's annual renewal of the permit during those years without any updated evidence does not as a factual matter, reflect that there was a continuing personal safety hazard. 76. In a six-day evidentiary hearing in District Court, Plaintiff has failed to show that the circumstance of his life result in any personal safety hazard justifying the issuance of a permit to carry a weapon. CONCLUSIONS OF LAW 1. Minnesota Statute § 624.714 governs the application for the issuance and renewal of permits to carry concealed weapons. In March of 2000 and at various time thereafter, Plaintiff, a resident of Edina, Minnesota, sought renewal of a permit to carry a pistol, pursuant to Mi un. Stat. § 624.714 Subd, 7. 2. The legislature has placed the determination as to who is entitled to carry in the hands of local law enforcement. Minn. Stat. §624.417 Subd.2. In response to Plaintiff's 19 L 02/07/03 FRI 13:29 FAX 612 340 8800 DORSEY WHITNEY LLP 10 021 March 2000 renewal application, the Police Chief for the City of Edina denied Plaintiff a permit. 3. Plaintiff's application and requests for reconsideration of the application having been denied by the current Wina Chief of Police, Plaintiff has pursued his right of appeal of the denial, pursuant to Minn. Stat. § 624.714 Subd. 12: "Hearing upon denial. Any person aggrieved by denial of a permit to carry may appeal the denial to the district court having jurisdiction over the county or municipality wherein the notification or denial occurred. The matter shall be heard de novo without a jury." In a six-day hearing, this Court reviewed the denial of Plaintiff's March 2000 renewal permit application de novo without a jury. The District Court is not to give deference to the interpretation of the law that was applied by the peace officer that denied the permit. Appeal of Young, 521 N. W.2d 863, 868 (Minn. App. 1994). The issue before the trial court is "whether appellant demonstrated a need to carry a handgun based on an occupational or personal safety hazard." Ld,, The Court is to independently apply that standard. 4. Minnesota Statute § 624.714, Subd. 5 sets forth the requirements that must be met for an applicant to receive a concealed carry permit and, as relevant to the present appeal, specifically provides that "[n] o permit to carry shall be granted to a person unless the applicant has an occupation or personal safety hazard requiring a permit to carry." Permits automatically expire after one year and "shall thereafter be renewed in the same manner and subject to the same provisions by which the original permit was obtained" Minn. Stat. § 624.714, Subd. 7. 20 02/07/03 FRI 15:30 FAX 612 340 8800 DORSEY WHITNEY LLP 0022 E 5. A gun permit is not required to keep a gun at a person's home, place of business or on land owned by the person. See Minn. Stat § 624.714, Subd. 9. Plaintiff may also possess a gun on the parking lot at his place of business. 6. An applicant's possession of concealed carry permits in previous years without incident is positive evidence that may be considered on renewal; however, it is still only evidence. See Young, 521 N.W.2d at 869. Un der the mandatory requirements of Minn. Stat. § 624.714, Subd. 7, the police chief must treat each successive year on an individual basis as statutory requirements must be established each consecutive year. An applicant does not acquire a vested right in a concealed carry permit based on prior successful renewals of that permit. See Young • 521 N.W.2d at 869. 7. Plaintiff bears the burden of establishing by a preponderance of the evidence that he has an occupation or personal safety hazard demonstrating a need for a concealed carry permit. See Gifford v. City of .Los Angeles, 106 Cal. Rptr. 2d 164,168 (Cal. Ct App. 2001) (noting that the applicant must establish statutory requirements for issuance of a permit); Bernstein v. Police Dept. of City of New York. 445 N.Y.S.2d 716 (198 1) (same); Snowden v. Handgun Permit Review Bd., 413 A.2d 295, 297 (Md. Ct. Spec. App. 1980) (same). 8. Minnesota Statute § 624.714 is a "general prohibition" against possessing firearms in public, see State v. Paige, 256 N.W.2d 298, 303 (Minn. 1977), and ` °[t]he obvious intent of subd. 5(c) is to restrict the class of persons entitled to permits." Blore v. Mossev, 249 N.W.2d 447,448 (Minn. 1976) (emphasis added). Thus, the exceptions to the general prohibition must be narrowly construed. See D.L.T. v. County of Scott. No. C5- 96- 221,1996 WL 469342, at " *1 {Minn. Ct. App. Aug. 20, 1996). 21 L 02/07/03 FRI 15:31 FAX 612 340 8800 DORSEY WHITNEY LLP 9. To obtain a permit based on "occupation," the applicant's occupation must be one that requires a handgun. See In re Application of Hoffinan. 430 N.W.2d 210,213 (Minn. Ct. App. 1988). It is not necessary, however, that an applicant establish that his or her job will be lost if the permit application is not granted. See Young, 521 N.W.2d 865, 869 (Minn. Ct. App. 1994). 10. Plaintiff s only "occupation" is as a dentist. Plaintiff is not engaged in a gun dealing business, but rather a hobby of collecting curio -relic machine guns. His gun - related activities are therefore not an 'occupation' within the meaning of Minn. Stat. § 624.714, Subd. 5(c), and he is not entitled to a concealed carry permit on that ground. See DLT. 1996 WL 469342, at * *1. Nor is his family tree farm an "occupation" as no evidence was presented to that effect. 11. Plaintiff did not present any evidence that established that the occupatiou of dentist necessitates a concealed carry permit. Plaintiff does not have an occupation- . . based need for a gun permit based on his dental practice. 12. To demonstrate a need for a concealed carry permit based on a `personal safety hazard," an applicant must establish a "particularized need" based on a "real and immediate danger." Application of Atkinson. 291 N.W.2d 396, 400 -1 (Minn. 1980). 13. A permit will be denied where the hazard that an applicant has identified is "vague, general, and speculative." Atkinson, Application ation of, 291 N.W.2d 396,400-1 (Minn. 1980). Analogous, with the facts and holding in Atlanson, "[Plaintiff] has not made the showing of real or immediate danger which the statute requires in order to justify issuance of a handgun permit. The permit was properly denied." 22 IZ 023 UL /U' / /UJ rKl la:Jl r'&i oiz 44U ooUU UUKbtk 1YKIIINCY LLY 14. Despite presenting evidence for six days, Plaintiff failed to set forth any evidence of real and immediate danger in relation to his dentistry practice, hobby of collecting curio -relic machine guns, or tree farm ownership. He failed to establish any particularized need for a concealed carry permit, and his experts assessment of "foreseeability" of crime victimization is not in accordance with Minnesota law and failed to identify any real and immediate dangers to Plaintiff. 15. Plaintiff's perceived personal safety hazards are nothing more than the vague, generalized and speculative fears that the Minnesota Supreme Court rejected as a basis for granting concealed carry permits in Atldnso n.. 16. Edina Police Chief Michael Siitari properly applied the statutory requirements for issuance of a renewal concealed carry permit when he considered Plaintiffs March 2000 application. IT IS HEREBY ORDERED: Plaintiff s March 23, 2000 application for renewal of his permit to carry a handgun is denied.. BY THE COURT: t 4 Dated: avid M. buffy Judge of District Court 23 lQ U24 IR,' City of Edina. February 7, 2003 Pamela Park Area Residents RE: Pamela Lake Dredging - Excavation Pamela Park Water Quality Improvement Project City of Edina Contract No. 00 -2 (ENG) Dear Resident: After two years of attempting to dredge Pamela Lake, the Contractor, Veit & Company Inc. feels that completion of this project is very feasible this year. To help expedite the project the Contractor is requesting an earlier than normal start of 6:00 AM for about the next two weeks. Due to the AM rush hour an early start helps the Contractor's trucks arrive to haul material off -site. Please contact me at 952- 826 -0443, if this causes too much of an inconvenience. The City along with Veit & Company, Inc. appreciates the patience you have had with this difficult project. Sincerely, i Wayne D. Houle, PE Director of Public Works / City Engineer C: Gordon Hughes — City Manager Mayor & Council City Hall FAX 952 826 -0390 4801 WEST 50TH STREET TDD (952) 826 -0379 EDINA, MINNESOTA 55424 -1394 City of Edina February 5, 2003 Senator Geoff Michel District 41 Minnesota Senate 151 State Office Building St. Paul, MN 55155 RE: City of Edina Council Resolution Supporting: Funding Street Construction and Maintenance in Minnesota Cities Report Dear Senator Michel: Attached you will find a Resolution from the Edina City Council supporting the above. report and findings as published by the League of Minnesota Cities along with City Engineers Association of Minnesota and Minnesota Public Works Association. The City of Edina has over 200 miles of Municipal State Aid (MSA) and non -MSA roadways; approximately 60% of these roadways are 35 years and older. Due to this fact the City of Edina needs to be open to alternative ways of acquiring funds to maintain and reconstruct these roadways. The City of Edina is very supportive of the findings and recommendations of this report. Please do not hesitate to contact me with any transportation questions. You can reach me at 952 - 826 -0443 or at whoule ci:edina.mn.us. Sincerely, Wayne D. Houle, PE Director of Public Works / City Engineer Enclosures C: Mayor and Council Anne Finn - LMC 861 (952) 927 -8 City Hall FAX (952) 826 -0390 4801 WEST 50TH STREET TDD (952) 826 -0379 EDINA, MINNESOTA 55424 -1394 I�B City of Edina February 5, 2003 Representative Ron Erhardt District 41A Minnesota House of Representatives 591 State Office Building St. Paul, MN 55155 RE: City of Edina Council Resolution Supporting: Funding Street Construction and Maintenance in Minnesota Cities Report Dear Representative Erhardt: Attached you will find a Resolution from the Edina City Council supporting the above report and findings as published by the League of Minnesota Cities along with City Engineers Association of Minnesota and Minnesota Public Works Association. The City of Edina has over 200 miles of Municipal State Aid (MSA) and non -MSA roadways; approximately 60% of these roadways are 35 years and older. Due to this fact the City of Edina needs to be open to alternative ways of acquiring funds to maintain and reconstruct these roadways. The City of Edina is very supportive of the findings and recommendations of this report. Please do not hesitate to contact me with any transportation questions. You can reach me at 952 - 826 -0443 or at whoulea- ci.edina.mn.us. Sincerely, Wayne D. Houle, PE Director of Public Works / City Engineer Enclosures C: Mayor and Council Anne Finn - LMC (952) 927 -8861 City Hall FAX (952) 826 -0390 4801 WEST 50TH STREET TDD (952) 826 -0379 EDINA, MINNESOTA 55424 -1394 February 5, 2003 Representative Alice Seagren District 41 B Minnesota House of Representatives 591 State Office Building St. Paul, MN 55155 City of Edina RE: City of Edina Council Resolution Supporting: Funding Street Construction and Maintenance in Minnesota Cities Report Dear Representative Seagren: Attached you will find a Resolution from the Edina City Council supporting the above report and findings as published by the League of Minnesota Cities along with City Engineers Association of Minnesota and Minnesota Public Works Association. The City of Edina has over 200 miles of Municipal State A) an Due non-MSA h s roadways; approximately 60% of these roadways are 35 y ears and fact the City of Edina needs to be open to alternative ways of acquiring funds to maintain and reconstruct these roadways. The City of Edina is very supportive of the findings and recommendations of this report. Please do not hesitate to contact me with any transportation questions. You can reach me at 952 - 826 -0443 or atwhoulels' -ci edina.mn.us. Sincerely, 4 Wayne D. Houle, PE Director of Public Works / City Engineer Enclosures C: Mayor and Council Anne Finn - LMC (952) 927 -8861 City Hall FAX (952) 826 -0390 4801 WEST 50TH STREET TDD (952) 826 -0379 EDINA, MINNESOTA 55424 -1394 MINUTES EDINA RECYCLING AND SOLID WASTE COMMISSION DECEMBER 18, 2002 MANAGER'S CONFERENCE ROOM MEMBERS PRESENT: Anne Cronin, Inna Hays, Kathy Frey, Tim Marrinan, and Bob Reid, Bill Bryan GUEST: Tim Brownell, resident; David Weindenfeller, BFI STAFF PRESENT: Solvei M. Wilmot ROLL CALL Kathy Frey, Chair, called the meeting to order at 7:05 a.m. MINUTES Ms. Hays corrected made a correction regarding the Recycling and Solid Waste Commission. It was referred to as the committee and was corrected to the Commission. Mr. Reid corrected the word recovering to recovery. Ms. Hays MOVED TO APPROVE THE MINUTES FROM NOVEMBER 20, 2002 AS CORRECTED. Mr. Reid SECONDED. MOTION CARRIED. EARTH DAY EVENT PLANNING Ms. Cronin continues to work with Boy Scout Troup 68 for the clean up event. Ms. Wilmot commented that the Commission could hold the clean up on 9 -Mile Creek even if a Scout didn't to take it on as an Eagle Scout Project. Ms. Hays inquired how big is the clean up area. Ms. Wilmot stated it could depend on how many volunteers turn out. Ms. Hays inquired what would be done if there were a wet spring. Ms. Wilmot will look into alternative sites. Ms. Cronin commented that Eric Nelson is the Dean of Students and works with the Leadership Committee at the school. - Ms. Wilmot commented that the clean up event could be held either Saturday, April 19 or 26 or a weeknight evening. Mr. Weindenfeller stated BFI could assist with the collection disposal. OTHER BUSINESS Ms. Wilmot commented that the Minnesota Pollution Control Agency (MPCA) is working on a better accounting system for the money they receive from the state. The proposed change would be an improvement for the grant money from the Select Committee on Recycling and the Environment. Members presented information regarding donating stuffed animals. Sharing and Caring Hands will accept them along with Bridging and Children's Hospital. ADJOURN Meeting adjourned at 7:45 a.m. M AMMAN A m NWff4 -�:� r � In Motion News January 27,2003— Page 1 of 3 http://www.MoveMN.com Welcome to In Motion News, a weekly publication during the legislative session of MOVE, designed to provide MOVE members, citizens and public officials with a timely review of legislative activities related to transportation policy and funding. The South/West Metro's transportation systems are experiencing gridlock and a significant and timely infusion of public investment is critical to ensure the continued viability of these communities. In Motion News will provide you with the information you need to be active in the transportation funding debate. MOVE will provide more detailed handouts, fact sheets and analysis throughout the session for MOVE members and interested others to gain a better understanding of the transportation needs and issues affecting our areas. Contact us if you have a question, concern or need some additional information about what's going on at the Capitol or in your community that relates to transportation issues. You can reach us by email at info(@movemn.org, or by phone at (612) 819 -1743. House Happenings ➢ The House Transportation Finance Committee passed a budget reduction proposal last week that will go to the floor later this week. This proposal included refinancing $130M of general fund appropriations with trunk highway bonds, tapping the existing State Airport Fund for $15M, selling the state jet. ($750,000) and canceling $2.1M in Transitways Appropriations. Under this proposal, Metro Transit's operations will be cut by $2.6M and the Public Safety department would have its budget reduced by $1.5M. ➢ Budget Cutting Implications — MN/DOT was directed by the House to cut $11 M from its operating budget. The cuts were directed at technology improvements, engineering, and support services. State road operations will be reduced and the Highway Helper program eliminated. Public Safety indicated that the cuts could seriously impact the processing of drivers licenses & testing. Bottleneck & Inter- regional Corridor projects would not be delayed by the Governor's proposal to bond for projects rather than pay for them with the use of existing agency cash reserves.. Metro Transit would limit bus service cutbacks by focusing on administrative cuts, hiring freezes and shifting capital dollars to operating. There would be some route restructuring but not total route elimination for the short term (through June 2003). Senate Snippets ➢ Senator Dean Johnson introduced the Senate Transportation package presented last year that included a 6 cent gas tax increase, %z cent metro area sales tax referendum and gas tax indexing to retire trunk highway bonds. This proposal would generate an additional $500M annually for transportation projects throughout Minnesota. ➢ Senator Keith Langseth introduced a bonding bill containing items vetoed by Governor Ventura last year, including about $47M of transportation related items: $20M - Local Road Improvement Program, $10M - Ports, $2M — Greater Minnesota buses and facilities & $13M — Statewide Radio System. ➢ Senate passed its budget reduction package, which included the conversion of $130M of general fund appropriations with trunk highway bonds, reducing State Airport Fund by ' $15M and the sale of the state jet ($750,000). Senate did not identify specific MN/DOT budget items to cut to pay the bond debt service allowing the Commissioner to make those management decisions. MNDOT Machinations ❖ Staff indicated that all but $25M of one -time general fund appropriations provided in 2000 was committed to contracts and that there would be no delay in projects under contract as a result of bond refinancing. A few area projects on that list are: Wacouta Bridge reconstruction, additional lane on I -494 between TH 100 & TH 212, Anderson Lake Interchange/TH 169 and I -94 Weaver lake Road reconstruction. ❖ MN/DOT's biggest challenge will be to find funds to retire refinancing trunk highway bonds as it will require approximately $27M over next two year period to pay off those bonds. ••• • MN/DOT reviewed a Construction Cost Escalation Drivers handout for legislators this week. The material highlighted a number of factors affecting the rising cost of projects including items such as environmental mitigation, right -of -way acquisition, project design, utility & railroad agreements, traffic management and municipal agreements. It was also noted that the lack of funding has delayed or required staging projects thus adding inflationary costs. Administration Announcements ❖ House members introduced the backbone of Governor Pawlenty's transportation package, a 4 -yeas $1 Billion Trunk Highway bond plan focused on Bottlenecks and Inter - Regional Corridors. The initia, plan would spend $250M a year with approximately $10M a year committed to Transit Improvements on trunk highways including items like park & rides, shoulder strengthening and by- passes. No funding source has been identified to pay for the bonds. ❖ Administration representatives reacted negatively to the Senate funding proposal, instead restating their position not to increase any taxes. MOVE Memo Bond repayment rule of thumb - It requires approximately 10% of.bond total on average annually to retire state bonds and the net additional cost is approximately 50 %. For example, the Governor's proposal to sell $1 Billion in trunk highway bonds will require about $100M annually to retire the bonds with a total, finalized cost of approximately $1.5 Billion MOVE MESSAGE The state's short and long -term budget deficit will hinder efforts to enhance the region's transportation infrastructure. An analysis of a variety of studies and re ports indicates that in order to just fund existing systems, add some capacity and hold congestion at current levels, the transportation systems investment in the Metro area must increase substantially, with estimates ranging form $500M to $700M a year for 10 years. Since this is unlikely to happen, organizations like MOVE are critical if transportation investments a• to become a priority political issue. An exit poll after November's election indicated that only 4% of vott statewide considered transportation the most important issue in the election. This voter percentage blo�"_x' will have to increase significantly before elected officials will get the message to act decisively on this issue. 2 1 f • first week of the legislative session rekindled discussions regarding various funding proposals and The g approaches that will address the growing congestion problem of the region. There seems to be little concensus or a desire to tackle this issue seriously. The divergent proposals from the House & Senate, the Governor's commitment to no tax increases and the inability of the transportation community to provide a unified front does not bode well. MOVE intends, with your assistance, to engage area legislators and administration officials in discussions about the need to invest in this area's transportation systems. Should funding be made available we plan to be at the table ensuring that funds are provided to projects that enhance mobility in the SOUTHWEST Metro Area. transportation Facts -- Believe it or Not! 1 ➢ The reconstruction of I -494 between 34h Avenue and Highway 100 is currently scheduled for sometime after 2013 and the cost for this segment alone is estimated at $1 billion. ➢ The average Twin Cities driver wastes over 54 hours per year in traffic jams at an estimated annual cost of $1000. ➢ Currently, buses on I -35W carry the equivalent of one lane and a half of traffic during peak periods. i Rural roads account for only 30% of all traffic accidents, but over 70% of all highway deaths. CAPITOL CHATTER The Pawlenty Administration continues to hire /appoint House legislators and staff to positions within the administration, which is creating a large amount of turmoil within the House. A number of key administrative staff positions remain open. Committee Chairs appear to change daily. The jockeying for positions on committees or as chair, unfilled staff spots and new staffing seems to have committees getting off to a slow start. Special elections will dominate the political noise in St.Paul for the next month. * Legislators, particularly the new ones, got a bitter taste of the budget mess they were dropped into during the first round of budget cuts. Farmers were out in full force on behalf of ethanol. Transportation supporters were forced to take funds out of the State Airports Fund reserves even though special taxes and fees on airplanes and airport property fund that item. Policy discussions regarding micro - management or administration flexibility took back seat to budget cuts. * The House Transportation Policy Committee that has a lot of new faces and freshmen on it began to wade into the transportation - funding maze with lots of questions and puzzled looks. MN/DOT, transportation advocates & house staff will have their work cut out for them trying to get them up to speed on the basics and intricacies of the funding system and then someone will have to explain the politics. Early session targets appear to be the County State Aid system, mix of funding for transit and the traditional Metro carries Greater Minnesota theory. * A sign of the times -- over 20 bills have been introduced to fund specific transportation projects. One theory is that this will help develop awareness of the need for transportation funding. The more cynical perspective is that it's a great cover your political backside approach. You can always go home and tell the constituents that you introduced a bill but couldn't get it funded. C /�:/ W / 'ter AFWAMFI'F r ` In Motion News ,r�,,,�T��°'• February 3, 2003 — Page 1 of 4 Irtt� •;'`ii'�s-�i.:'E�j',`'_�;::�nn� In Motion News is a weekly publication delivered by MOVE during the legislative session designed to provide MOVE members, citizens and public officials with a timely review of legislative activities related to transportation policy and funding. The South/West Metro's transportation systems are experiencing gridlock and a significant and timely infusion of public investment is critical to ensure the continued viability of these communities. Callus at (612) 819 -1743 or email us at i���„v ?t�;�� a� i:�.cai;: for more information. House Happenings Ne1v Report focuses on Municipal Street funding concerns: Legislators reviewed a report conducted by the Minnesota Transportation Policy Institute that focused on the funding of city streets. There are approximately 19,000 miles of city streets statewide, of which only 2,800 (15 %) receive funding from the state's highway fund. The remaining miles are supported primarily by local property taxes and street assessments. r State funds for City Roads not keeping up: Minnesota cities received 9% of the state funds dedicated to highways and bridges, or about $100 million annually, while they spend approximately $250 million per year for road maintenance, construction and reconstruction projects. The gas tax and vehicle license plate revenues primarily support the state's road and bridge projects fund. ➢ Increase in Local Road Traffic: Vehicle miles traveled statewide have increased 18% from the years between 1995 and 2000, while city /state aid streets have seen about a 30% increase. The report by the Transportation Policy Institute attributes this increase to motorists using local roads to avoid clogged state arteries, particularly in congested portions of the Twin Cities and other metro areas. Senate Snippets Y Consultant Contracting Procedures Scrutinized: Both the Senate and House Transportation Committees reviewed Mn/DOT contracting processes with senior department officials and representatives of the Department of Administration. The hearings were done in response to .findings presented in several newspaper articles published in the Star Tribune over the past several weeks. While the Department of Administration has overall responsibility for "signing off' on contracts with consultants, officials from both MnDOT and Admin indicated that the existing contracting laws are often cumbersome and time - consuming, leading to inefficiencies and higher costs on projects that require a speedier timeline. on the Not just X.RT.• The Star Tribune andV Pioneer Press a very etight lct meeschedule ands budget Hiawatha Light Rail Transit project, However, both papers noted that similar contracting problems occurred during the past several years on numerous road - building and reconstruction projects as well. a A Fair Balance behveen Accountability and Efficiency: A review by the Legislative Auditor found some improprieties overall but no clear violations of Minnesota laws. In testimony before both committees, he noted that contracting issues are a dilemma faced by public entities needing to balance "accountability" and "efficiency ". It was also noted that in many instances, consultants begin work prior to having a contract in place and do so while accepting responsibility for costs associated with that work until the final contract has been fully executed. Minnesota's Debt - Capacity Ability: Senate Capital Investment staff lascommittee eek and found that then the state's debt management practices with Finance Department has a significant amount of debt capacity available and the current amount falls well within the management guidelines in place. This is good news for a further discussion of bonding for highway and bridge projects. Current guidelines suggest that the state's debt service level should be less than ;% of the general fund and less than 2.5% of total personal income. During the 2004 -05 biennium, Finance Department officials are predicting these figures will be 2.351% and 1.65% respectively. Administration Announcements • that the Commissioners of Transportation and The Pawlenty Administration announced • Administration, Car ol Molnau and Brian Lamb, will form a joint oversight committee that is charged with reviewing past state contracting practices while at the same time establishing new internal S. Commissioners Molnau and Lamb guidelines and recommendations for changes to existing law wasted no time in beginning this coceacts�d met l st week befor esegislative committees to outline the process they will use to review MNDOT Maciunations ••• Officials from both MnDOT and the Department of Administration are indicating that the new • joint review /oversight committee that has been established by Governor Pawlenty will actively engage frontline staff members to ensure that the many nuances of current laws and rules are thoroughly digested and understood by all staff in both agencies. It is expected that a number of procedural modifications and legislative recommendations will be forthcoming in the next few months as a result of these actions. MOVE Memo Constitution requires that any Hmv to repay Trunk Highfvay Bonds? The Minnesota State e Trunk Highway fund, thereby prohibidn the for trunk highway purposes be retired with funds to their current state's general fund from being used for this PMnDOT must use resourlCes that have been predicament —in order to sell highway bonds dedicated to funding other projects to retire the new bonds, unless revenues to MnDOT are increased. r. 2 MOVE MESSAGE A significant number of legislators from MOVE areas are serving on transportation and bonding committees Ns year. We will be providing you with a list of those members in the weeks to come and encourage you to engage them in discussions regarding transportation funding and infrastructure needs important to you. As we noted last week, until public support for additional investment increases measurably, the administration and legislature will not act in a significant manner to increase transportation funding in the short or long term. The ongoing budget debate will dominate all legislative actions, including whether or not to increase funding for important state transportation facilities and regional roadway improvements. The lack of consensus on a "balanced" transportation system package, particularly one that does not increase revenues for transportation purposes, will stymie most efforts to increase funding this session. The lack of a workable solution means it is even more important to engage policymakers in a discussion of specific regional transportation concerns and to make them personal. MOVE plans to assist you in making your case to your representatives. The following notes regarding the gas tax should be enlightening and tend to be part of "transportation insider jargon ". rmnsportation Facts -- Believe it or Not'! ALL ABOUT MINNESOTA'S GAS TAXES i> All proceeds from the gas tax in Minnesota are dedicated only to roads and bridges that are part of the state aid highway system. Under state law, taxes on gasoline can only be levied on a statewide basis and used to pay for "state projects ". The current 20 -cent gas tax has not been increased since 1988. It is now worth about 13.7 cents in buying power (a 33% decrease in value) using 1988 dollars. It, If one adjusted the current gas tax of 20 cents per gallon for inflation since 1988, it would now be worth 29 cents per gallon. Insiders call this "indexing ". r Wisconsin has indexed its gas tax since the early 1990s and its current tax is 27 cents per gallon of gas purchased. Minnesota's gas tax revenues currently generate about $600 million per year statewide, but because of the decrease in "buying power" due to inflation since 1988, revenues my purchasing about $400 million per year of goods and services for Minnesota's roads and bridges. r A 10 -cent gas tax increase across statewide Minnesota would cost the owner of addit le thafees. travels 12,000 miles per year and averages 20 mpg approximately $60 per year in CAPITOL CHATTER Jim Nobles, Minnesota Legislative Auditor, commented on MnDOT's violation of contracting rules and laws by noting that "if the speed limit was 35 miles per hour, MnDOT might have been going 40 to 45 mph ". Transportation followers at the Capitol are beginning to worry whether a bonding bill will get passed this year at all, part icularly if MnDOT has to find the funds in -house to pay for it (see page 1). Cutting an additional 520 -525 million out of the MnDOT budget on an annual basis to pay for future bonding would directly impact current maintenance operations or design and engineering efforts on other projects. Folks are beginning to wonder what the spring pothole season will bring, and are hoping that the snow will stay away (too late now). MnDOT officials assured House members that they "were not hiring any consultants to staff the new contracting review committee' in an appearance before the House Transportation Committee last week. .t1.�,'.�u;r, if you know of MOVE needs new members! (;all us at (612) 819 -1743 or email to.-. a :'s1t� ' a company or individual who would like to receive In Motion as a new member of MOVE. We are slowly growing but need your help to keep going, especially in these turbulent transportation funding times. 4 OP 651 944 0951; Feb -14 -03 11:20; Page 2 AdEdFOUVIN'A In Motion News February 11, 2003 — Page 1 of 4 hQ.-11 ww.MoveMN, com ne to In Motion News;' a weekly publication during the legislative session of MOVE, designed to MOVE members, citizens and public officials with a timely review of legislative activities related to nation policy and funding.. In Motion News will provide you with the information you need to be in the transportation funding debate. Contact us if you have a question, concern or need some nal information about what's going on at the Capitol or in your community that relates to nation issues. You can reach us by email at info -movemn.ong, or by phone at (612) 819 -1743. Announcements > Governor "Unallots" — Highways and Transit Lose $23 Million - As part of the balancing of the short -term budget problem, Governor Pawlenty last week cut $20 million from state and local road construction projects, $26 million from Metro Transit and the Metropolitan Council, $200, 000 for Greater Minnesota services, and also directed MnDOT to sell its state jet. It appears that the state airports fund was left intact after the unallotmeni. The funding reductions will have the most significant impact on transit services in the metro area, which experienced a previous funding and service reduction last spring. The highway funds that were "captured" were those funds remaining from the 2000 General Fund appropriation that were not under contract at this time. ,use Happenings County Road System Reviewed —A complex presentation on how county roads are funded occurred at the Capitol last week, the essence of which stated that the County State Aid Highway (CSAH) system receives approimately 29% of all funds that are allocated from the Highway User Tax Distribution Fund. Wlat is the Highway User Tax Distribution Fund? This is a fund that is comprised primarily of gas tax revenue, license tab fees and at present a portion of the sales tax on motor vehicles. About 90% of the CSAH roads funded with Highway User Tax Funds are located in Greater Minnesota. About 24% of all lane miles are county roads and about 24% of all vehicle miles traveled each year in Minnesota occurs on county roads. A recent analysis indicates that County State Aid Highways (CSAH) systems receive 59% of their funding from state -aid revenue, with a remaining 41% coming from local property tax. Reading between the lines, reductions in state aid revenue could result in significant problems with. Greater Minnesota rural county roadways unless local property taxes are increased to cover shortages. ➢ County Road System Maintenance Study Existing System "Significantly Underfunded" — A report conducted by Minnesota county engineers indicates that an additional $195 million statewide per year will be needed to maintain and replace the county road systems that now exist on a 50- year replacement cycle: The report used well - accepted engineering principles that are designed to ensure that roadways last a minimum of 50 years. Legislators had a difficult time challenging the underlying principles that were used, but were "flummoxed" as to what it would require to maintain 651 944 0951; Feb -14 -03 11:21; Page 3 the existing system' on an annual basis. The engineers reported that under the existing state funding formula, it would necessitate a 25 -cent gas tax increase to fund the shortfall for preservation of the existing County State Aid road system. In the south and western counties of the metro area, it was estimated to be an additional $23 million per year In replacement costs for county state aid roads. MnDOT Consultant Usage Review Continues - Senior MnDOT o staff members work done by gluts al information. regarding their use of consultants and noted that 16% of their y sources, putting them near the bottom of the list as compared to other Departments of Transportation nationwide. Data provided to the legislators indicated that the significant o the oneetisne appropriation 8of road construction budget during the last three years (primarily about construction million for "bottlenecks", corridors and other projects in Minnesota in 2001) necessitated the use of outside consultants and contractors to move projects forward and off MnDOT's "shelf' enate Snippets ➢ LRT On -Time and On- Budget — MnDOT and Metro Transit staff budget et and timeline provided an overview the of the Hiawatha LRT line and indicated that they plan tom g initial segment beginning operation in April 2004. ded as breakdown of funding contributions, noting construction costs and`�funding, an d the staff pm that the federal goverinment was providing about 50% of the $67 million Hennepin provided about $100 million toward the Hiawatha project, and other County and the Metropolitan Airports Commission, have provided the bulk of the remaining $20( million balance. ➢ Operating Funds Sketchy — Legislators expressed concern over the lack of a f y-d lveo ped plan P for operating the Hiawatha light rail system. Staff members reiterated that to ensure provide the initial support for the system, and that along -te SO about 19 400 ride cost d continued operation of the system. The line is expected .to carry cost between $12 and S15 million per year to operate, with fares expected to generate about 30% of the total operational costs. WNDOT Machinations •;• Department Restructuring Announcement Planned Com first p=ound Carol MnDOT indicated at a meeting of transportation advocates t the organizational restructuring will be unveiled later this week. The initial focus will be to shift more managerial authority to the district engineers ts divndedeintoteeilhta(8)ydistricttse around administration offices in St. Paul. MnDOT Minnesota, including the Metro District, which has four (4) sub - districts reporting to its District Engineer. 2 651 944 0951; Feb -14 -03 11:21; Page 4 'OVE MERNAGF gislative Breakfast Sets Session Tone on Transportation Funding - A transportation breakfast session sted by the Minnesota Chamber of Commerce was held last Friday in St. Paul. MnDOT Commissioner rol Molnau, Senator Dean Johnson, Chair of the Senate Transportation Committee, and Rep. Bill Kuisle, air of the House Transportation Committee, were the featured speakers at this well - attended event. Each the, speakers clearly indicated that transportation funding will be one of this session's forgotten step - ldren, despite the desire to do something. The budget crisis, no new tax pledges, priority difference :ong legislators and regional and philosophical divides a well as the size of the transportation investment :t will be needed to maintain the existing systems makes progress highly doubtful. 0 V MEMBER CALL TO ACTION! is well -know that the rebuilding of just I -494 will cost about $1 billion, and this does not include provcmcnt need on I -35W, Crosstown, 169 and 100. it would take the ENTIRE bonding proposal being cussed by the Administration to fix up "Minnesota's Main Street" with nothing left over for any of other :a needs, let alone the rest of the State of Minnesota. MOVE has noted before that until there is a well - ucated and active public that believes transportation investments are the MOST critical items needing :ention, legislators and govai-nors will not respond adequately. Remember, only 4% of the folks who ted in the last election listed 'transportation as their top priority. MOVE and its members will be on the lnt lines of this effort, so study up, share the information we provide, invite us to visit with members of ur organization to discuss transportation concerns, and be ready to engage your legislators! 1auspoM ion Facts -- Believe it or Notl 1 'r Counties in Minnesota spend between $625 and $650 million annually to maintain the county- state aid road systems. A lane of freeway traffiic'operating at peak efficiency carries about 1800 cars per bour. ➢ The 2001 reduction of the Vehicle Registration Tax (license tab fees) reduced funding for roads and bridges in Minnesota by approximately $200 million per year. Tab fees are "constitutionally - dedicated" to be used solely for highway purposes. In order to make up the shortfall in the transportation fund, legislators "backfilled" an equal amount of dollars by transferring motor vehicles sales tax funds out of the General Fund. This "backfill" transfer is only a statutory dedication - - -it can be undone by any legislature at any time. 3 651 944 0951; Feb -14 -03 11:22; Page 5115 IT'OL CHATTER Rresentative Bill Kuisie (R- Rochester), Chair of the House Transportation Finance Committee, nmented last week that "there is no way that transportation will be able to raise taxes and fees while other tems like schools, nursing homes and health care are cutting funds and services ". He also provided a npse into how new transit systems might be funded, when commenting that "local support for both istruction and operation of systems will be part of the funding mix ". iator Dean Johnson, Chair of both the Senate Transportation Policy and Finance Committees, is the hor of the strongest transportation funding plan presented so far this session. Senator Johnson indicated t the Senate - is . equally supportive of streamlining construction processes, noting in particular the :rmitting" process that involves various agencies and governmental units. He again reiterated the position t streamlining and efficiencies will not be enough if the state is serious about improving its transportation tems, stating that new revenues will be needed.. iDOT Commissioner Carol Molnau expressed the opinion that raising the gas tax "fools the public into ieving that the road system will be fixed" and reiterated the Administration's position that it supports nart transit" (something that moves people "where they want to go'). She also reminded program - ticipants that the legislative process is a "deliberative one" and not really designed for efficiency but that focus on the state's mission will bring about positive results in the end ". FIE END (or maybe, ',,THE BEGINNLVG) s you know someone who needs to get fair facts about transportation issues in the southwest areas of the ;tro? How about a company that is struggling to get its goods to market through our clogged freeway item during rash hour? Know anyone who is always late getting to work because it takes over an hour to ike the trip these days? MOVE In Motion News is the answer. Get your latest, up -to -date, inside news out Minnesota transportation matters, written in layman's language. By the time you finish reading our ;ekly newsletter you'll know "all the transportation news that is fit to print" for this week, at least! Keep ,to -date with the latest transportation developments at the Capitol or around the legislature's collective iter cooler, and find out how what happens each year in St Paul ultimately affects you, your family, your b and the future of Minnesota and the southwest portions of the metropolitan arm ease recommen d us to someone you know. Membership in MOVE is easy and intellectually - challenging. 0 to www.MOVELAN om for more details, or call us at (612) 819 -1743. im 4 M `T'R�0 DlEiEST EAL_&1',' January, 2003 A digest of actions taken by the Metropolitan Council, Metropolitan Airports Commission, Metropolitan Parks & Open Space Commission and Metropolitan Sports Facilities Commission. Minutes of all Council and Commission meetings are filed with the Legislative Reference Library, 645 State Office Building, 6th Floor, in St. Paul for a period of up to two years and can be viewed by the public. Call the appropriate commission or operations area for meeting information and/or specific questions. Metropolitan Council The Metropolitan Council is located at Mears Park Centre, 230 E. Fifth St., St. Paul, MN, 55101. For further information regarding the contents of this publication, contact Sandra Lindstrom at (651) 602 -1390. The Council's general number is (651) 602 -1000, TDD: (651) 291 -0904. Call the Metro Information Line at (651) 602 -1888 for recorded information about upcoming Council meetings and regional events, current job openings and Section 8 housing information. Recent Council publications can be found at major public libraries in the Metro Area. Publications can be ordered by e-mail. The address is: data.center@metc.state.mn.us Comments can be made to that address as well as (651) 602 -1500, the Metro Council Public Comment Line. Check the intemet web site at http lAvwminetrocouncil.org. The Council... Environment authorized its Regional Administrator to issue a purchase order to DPC Industries to purchase Chlorine in Ton Cylinders and Sodium Hypochlorite (Bleach), and a purchase order to Hawkins, Inc. to purchase Bulk Chlorine, Sodium Hydroxide, Sodium Bisulfate and Nitric Acid. authorized its Regional Administrator to execute a Construction Cooperation Agreement with the city of Minnetrista for design and construction of the Council's L- 51 Forcemain Replacement Project between Enchanted Island and the mainland of Lake Minnetonka, MCES Project No.809004. approved the Comprehensive Sewer Plan for the city of Minneapolis. If a new combined sewer overflow (CSO) permit alters the timetable or requirements for improvements, then the city's plan must be amended to reflect those changes. • adopted a resolution which: Council's Comprehensive Plan for the collection, treatment and disposal of sewage in the Metropolitan Area; 2. places the interceptors on the Council's pending reconveyance list as of the date of Council action; 3. determines that the Council will use the procedures in Minnesota Statutes, section 473.5 111, in order to dispose of the facilities; and 4. directs staff to evaluate the identified interceptors to determine if each continues to be of benefit for use as a local facility and the benefited local government unit, whether the interceptor is in good operating condition, and, if not in good operating condition, the necessary repairs and cost to put the interceptor in good operating condition. • authorized the General Manager of Environmental Services to hold a public hearing on the Draft South St. Paul Lift Station (L -65) Improvements Facility Plan. 1. determines that certain interceptors are • took action to allow communities that were no longer needed to implement the deemed ineligible to participate in the • Inclusionary Housing Incentive (IHI) program at the end of a year, but during the year took the necessary measures to fulfil the community criteria for eligibility, to begin participation at that point in the year. Livable Communities • reviewed the Minnetonka Beach Comprehensive Plan Update and took the following actions: 1. notified the city that it may not put its Comprehensive Plan into effect; 2. adopted a resolution requiring the city to modify its plan; and 3. required the city to take the following actions by July 2003 to address outstanding water resources issues: a. modify the city's ordinances to incorporate adequate erosion controls; b. evaluate annual residential per - person water supply demand as a basis for lowering water use through a conservation program; and c. track unaccounted -for water volume usage. • adopted the Guidelines for Priority Funding for Housing Performance as revised following, and as a result of, a public comment period between October 23 and December 16, 2002. Management • appointed Mr. Thomas Weaver as Regional Administrator, effective January 8, 2003, to serve until such time as his successor is appointed. Mr. Weaver's annual salary shall be $114,288. His other benefits shall be as provided in the Council's Non - Represented Employee Plan. His salary, transportation allowance, and other benefits are effective January 8, 2003. • approved a resolution designating a bank depository and approving a change to bank authorized signers for the Council. • authorized increasing the deductible to $100,000 on the 2003 property insurance renewal with FM Global. • authorized the Office of General Counsel to increase and extend legal services contract with Best & Flanagan for real property, eminent domain and other legal services. • approved changes to the position and incumbent list for the Minnesota State Retirement System Unclassified Plan. • adopted a resolution relating to an amendment of the $100,000 General Obligation Sewer Note, Series 2002 (PFA) and the Project Loan Agreement relating thereto. • approved a resolution designating a bank depository and approving a change to bank authorized signers for the Council. Parks • approved the proposed master plan amendment for North Mississippi Regional Park to expand the boundaries to include a trail along 49'h Avenue. Reeional Growth Policy • reviewed the city of Brooklyn Park's Comprehensive Plan Amendment and allowed the city to put the amendment into effect. Page 2 January 2003 P • reviewed the city of Lakeville's Comprehensive Plan Amendment and MUSA expansion request and informed the city that it could place the amendment into effect. • reviewed the city of Burnsville's Comprehensive Plan Amendment and informed the city that it could place the amendment into effect. Dl(iEST Transportation Improvement Program by replacing project TRF- TCMT -03J with three separate projects. authorized its Regional Administrator to enter into a contract with the City of Minneapolis for the Downtown Minneapolis Transportation Management Organization to pass through $575,978 of federal CMAQ funds for TDM activities, for the period of January 1, 2003 — December 31, 2004. • reviewed Linwood Township's Comprehensive Plan Update and took action • authorized its Regional Administrator to to permit the township to put its enter into a contract with the Midway TMO Comprehensive Plan into effect. to pass through $120,000 of federal CMAQ funds for TDM activities, for the period • reviewed the city of Shakopee's January 1, 2003 — December 31, 2004. Comprehensive Plan Amendment and adopted the amendment with the following • authorized its Regional Administrator to recommendations: enter into a contract with MnDOT in the amount of $5,519,810 for the purpose of 1. The city of Shakopee may put its passing through federal CMAQ funds for Comprehensive Plan Amendment into regional TDM services. This action reflects effect. an increase in CMAQ funds to add the Downtown Minneapolis TMO CMAQ grant 2. The city of Shakopee should submit a into the administration responsibilities of copy of the inter - community sewer the Metropolitan Council. agreement to the Metropolitan Council Environmental Services once it has been • authorized its Regional Administrator to signed by the cities of Shakopee and enter into a License Agreement with Seward Savage. Redesign, Inc. which has the following provisions: • reviewed the Savage sewer extension to Shakopee and recommended that the city of Savage put its Comprehensive Plan Amendment into effect. • reviewed the city of Prior Lake's Comprehensive Plan Amendment for Jeffers Pond and recommended that the city of Prior Lake place the Comprehensive Plan Amendment into effect. Transportation • concurred with the Transportation Advisory Board action to amend the 2003 -2006 Page 3 The license allows Seward Redesign, Inc., as licensee, to construct protective works and footings on Metropolitan Council's LRT Maintenance Facility property within the period of February 1, 2003, to April 30, 2003. If Seward Redesign's project is not complete by April 30, 2003, Seward Redesign and its contractor must leave the premises. The licensee, Seward Redesign, Inc., must indemnify the Council and MnDOT against any claims by the LRT design -build January 2003 contractor attributable to Seward Redesign's default of the terms of the license. Minneapolis is named in the license as grantee of Metropolitan Council's transit funding grant and third party beneficiary of the license. 2. The license gives permission to Seward Redesign and the City of Minneapolis to leave the protective works and footings on the Council's property until such time as the Council terminates its permission. 3. Because the property is part of the local share contribution to the LRT project, the license is subject to FTA's approval of the license. 4. The license expressly states that the protective works and footings are the property. of Seward Redesign, Inc. The Council may observe or monitor the construction of the protective works and footings. Seward Redesign will provide a written certification by a license geo- technical engineer that the protective works and footings conform to the construction documents. 6. Seward Redesign and its contractor must carry certain insurance during construction naming the Council as insured. Seward Redesign must carry certain insurance naming the Council as insured after completion of construction and during the period in which the protective works and footings remain on the Council's property. After the construction period, Seward Redesign's liability is limited to its insurance coverage. D I( i E-`�,SiT' 7. The license carries with it no development rights. 8. Other provisions as recommended by the Office of General Counsel. approved the use of a portion of land at the Seneca Wastewater Treatment Plant for the construction of a bus garage for Minnesota Valley Transit Authority and further adopted a resolution approving the acquisition of one property to be used for this purpose. • authorized its Regional Administrator to enter into a contract with the Saint Paul TMO to pass through $260,000 of federal CMAQ funds from January 1, 2003 — December 31, 2004. authorized its Regional Administrator to enter into a contract with the I -494 Corridor Commission to pass through $549,634 of federal CMAQ funds for TDM activities for the period of January 1, 2003 — December 31, 2004. concurred with the Transportation Advisory Board's action to amend the 2003 -2006 Transportation Improvement Program by including the Central Corridor transit improvements and studies in State Fiscal Year 2003 with FTA funds. • concurred with the Transportation Advisory Boar's action to amend the 2003 -2006 Transportation Improvement Program by including the transit improvements and studies in State Fiscal Year 2003 with Federal Highway Administration funds. • authorized its Regional Administrator to execute a contract for the operation of Metro Mobility agency transportation service for the term June 30, 2003 through June 30, 2007, with Laidlaw Transit Page 4 January 2003 M EA", "�\T'R 0 D I ( i E S T_ Services, Inc, of Shawnee Mission, Kansas, for an amount of $19,437,285. The Council Also: authorized its Regional Administrator and its attorneys to proceed with all actions necessary and appropriate and which are consistent with the Council's discussion during the closed portion of the January 22nd Council meeting and to expend funds for legal proceedings arising thereunder. New Publications Council publications are available from the Council's Regional Data Center. Fora free and complete list of publications, write the Metropolitan Council Data Center, 230 E. Fifth St., St. Paul, MN 55101, or call (651) 602 -1140. E -mail address is: data. center @metc.state.mn. us There is a charge for some publications. The bimonthly Council Directions newsletter provides information on regional issues and Council Programs. If you wish to subscribe to Council Directions at no charge, call Dawn Hoffner at (651) 602 -1447. Metropolitan Commission Activities Metropolitan Airports Commission Metropolitan Airports Commission offices are located at 6040 28th Av. S., Minneapolis, MN 55450. For more information, call Lynn Sorensen at (612) 726 -8186. The Commission: authorized the selection of National Content Liquidators to conduct a sale and removal of the contents of the Ramada Airport Inn and Excel Inn Hotel. These hotels are scheduled for demolition as they are in the Federal Aviation Administration defined runway protection zone for Runway 17 -35. awarded a five -year lease to Leather Care, Inc. Shoeshine concession at Minneapolis - St. Paul International, following certification of Leather Care as a disadvantaged Business Enterprise firm by the Department of Transportation. Metropolitan Parks & Open Space Commission (MP &OSC) Metropolitan Parks & Open Space Commission offices are located at Mears Park Centre, 230 E. Fifth St., St. Paul, 55101. For more information, call Sandi Dingle at (651) 602 -1312. Page 5 The Commission: recommended that the Metropolitan Council consider reimbursing the Minneapolis Park & Recreation Board up to $350,000 for the Plank Road phase portion of Mill Ruins Park interpretive area of Central Mississippi Riverfront Regional Park in the 2004 -05 Metropolitan Regional Parks Capital Improvement Program under the terms of Park Policy B -7. • recommended that the Metropolitan Council: 1. find the $71,569 special assessment against Lebanon Hills Regional Park from the City of Eagan for improvements to Cliff Road is appropriate and consistent with the intent of MN Statute 473.334; 2, consider reimbursing Dakota County for the $71,569 Cliff Road assessment in a future regional parks CIP because it is consistent with the terms of Park January 2003 ' v MEJU-&`�\'T'R�O DlEiEEP�LSS�T' Policy B -7; 1. authorize a grant of up to $142,000 from Part 4 of the 2002 -03 Metropolitan 3. negotiate with the city of Eagan and Regional Parks CIP to Dakota County to Dakota County to determine the finance 40% of the $355,000 needed to appropriate assessment against fully finance the acquisition of the 1.1 Lebanon Hills Regional Park for acre Medin parcel in Lebanon Hills improvements to Dodd Road under Regional Park as illustrated; and terms of MN Statute 473.334; and 2. consider reimbursing Dakota County up 4. work together with the City of Eagan to $213,000 for the balance of the and Dakota County to develop a acquisition costs of the Medin parcel in comprehensive approach to determine a future regional parks capital assessments against Regional Park land improvement program. in the city as a way to implement MN Statute 473.334. • recommended that the Metropolitan Council schedule and conduct a public hearing on • recommended that the Metropolitan the "2004 -09 Metropolitan Regional Parks Council: Capital Improvement Program" on Monday, March 17, 2003 as part of the Livable 1. negotiate with the city of St. Paul and Communities Committee Meeting. The Ramsey County to determine the final hearing record shall remain open until 4:30 assessment against Battle Creek p.m., March 31 2003. Regional Park for improvements to Winthrop Street under the terms of MN • recommended that the Metropolitan Council Statute 473.334. and the Commission continue to work collaboratively with the Parks and Trails 2. rank the final assessment of up to Council of Minnesota and other entities $75,000 against Battle Creek Regional such as the Trust for Public Land on their Park for improvements to Winthrop efforts to assist regional park implementing Street as project R-4 in the draft for agencies on new alternatives to acquire land hearing version of Part 2, 2004 -05 for the Metropolitan Regional Park System, Metropolitan Regional Parks CIP and relay the issues on potential land because the project is expected to be acquisition projects to the Parks and Trails completed before December 31, 2003 Council. and therefore should be ranked as a reimbursement project. If the work and Metropolitan Sports Facilities Commission assessment are not paid by December (MSFC) 31, 2003, the final assessment should be re- ranked in January 2004 to R -7 in Part Metropolitan Sports Facilities Commission offices are 2, 2004 -05 Metropolitan Regional Parks located at 900 South 5th St., Minneapolis, MN 55415. For more information, call Nancy Matowitz at (612) 335 -3310. CIP based on the park's use and housing ranking. The Commission: • recommended that the Metropolitan adopted the committee assignments and Council: election of officers as proposed for 2003. Page 6 January 2003 DIE-iE-S- T • approved the bids and awarded the contract for the 2003 Concessions Renovations Project to Construction Results Corporation for the base amount of $293,900. Page 7 January 2003 I ' l II 1 4 fo00 W• tooala4 ?A, - xrtgN¢SS Hugti�s `� -�a- -,rte L .2i'z✓t� ice. MINNESOTA RIDES More Transit Options Fewer Highway Hassles An update for policy makers and opinion leaders around the state from the Metro Transitways Development Board February 2003 What is Minnesota Ridesr Created by the Metro Transitways Development Board, Minnesota Rides is both a vision for the metro area's transportation future and a financing plan for how we can pay for it. The Board shared this vision and plan with legislators -elect and others in a December mailing. It has also triggered some news coverage in newspapers and on radio. The Minnesota Rides vision Minnesota Rides is a vision for how best to improve transit and transportation in the metro area — Minnesota for the benefit of the whole state. The Aides 1S not _ vision has three key ingredients: roadway IJSt abOtJt improvements, better bus service and new transitways. Roads alone won't be transit the solution. We can make transit more attractive by improving bus service and adding transitways — commuter rail, LRT and busways — in high- demand corridors. The Minnesota Rides financing plan The growing transportation challenges facing the region won't be solved without additional funds. That's why we have created a four -point Minnesota Rides financing plan for the Legislature to consider: 1. Authorization to conduct a referendum on a one -half percent sales tax in a multi-county metro service area (to sunset in 10 years). If approved by voters, the revenues would be invested in transportation capital projects — for both transit and roads. Issuance of bonds to accelerate the construction schedule on high priority highway projects and to take advantage of low interest rates. 3. Adoption of a 6 -cent gas tax increase to fund highway construction statewide. 4. Adoption of a new schedule for license tab fees that would pay for a shift of motor vehicle excise tax revenues to help fund new transit operations. The statewide benefits The whole state benefits from Minnesota Rides. Improving transit and roads in the metro area will offer more drivers more options — alleviating congestion that slows the movement of goods to and from Greater Minnesota. In addition, the Minnesota Rides financing plan includes new resources for road projects across the state, through the issuance of bonds and a change in the gas tax. On the financing side, transitways can rely heavily on federal funds that are reserved for non - highway uses. If we don't ask the federal government to spend this money here it will be spent elsewhere— putting our tax dollars to work in other states. Several public opinion surveys have shown consistent support for transit. St. Cloud State University conducted a survey in October 2002 on policy issues, including transportation. The survey found that a majority of Minnesotans, 54 percent, would like to see the state increase spending for commuter and light rail. Also in October 2002, the Northstar Corridor Development Authority released poll results showing 77 percent of corridor residents believe Northstar commuter rail is a good idea and 82 percent of respondents said they would be likely to use commuter rail. The Minnesota House of Representatives conducted a survey at the 2002 State Fair and released the results in September. Sixty-four percent of State Fair visitors said the state should invest in commuter rail systems. In addition, a majority of respondents showed support for increasing the state's gas tax to fund transportation and transit projects. => The Minnesota Department of Transportation released a survey in April 2001 finding that 57 percent of respondents thought transportation alternatives, such as light rail or commuter rail, should be a long -term priority. Metro Transitways Development Board A Joint Powers Board of Metropolitan Counties Which Transitways Where Here are eight transitways that the Metro Transitways Development Board supports, with development occurring over the next two decades: TransifMode.y- . Transitways Corrid6i.166MW Commuter Rail 1. NORTHSTAR Downtown Minneapolis to St. Cloud and Rice Busways 2. CEDAR AVE. Mall of America to Eagan and Lakeville 3. NORTHWEST Downtown Minneapolis to Brooklyn Park, Maple Grove and Rogers LRT 4. HIAWATHA Downtown Minneapolis to the Minneapolis -St. Paul International Airport and the Mall of America Undetermined 5. CENTRAL Downtown Minneapolis to downtown St. Paul 6. RED ROCK Downtown Minneapolis to St. Paul and Hastings 7. SOUTHWEST Downtown Minneapolis to Minnetonka and Eden Prairie 8. RUSH LINE Downtown St. Paul to Hinckley Point to Consider; Local Subsidies and Transit One of the big benefits of transit is that riders help pay to operate transit systems. Through what they put in the fare box, riders create a local subsidy for the service they're using. (That's different from how roads work in Minnesota, given that the state doesn't have tollroads. And the state's gas tax is pooled and distributed statewide, meaning that drivers do not directly contribute to the costs of the specific portions of the road system they are using.) On the construction side, significant transit investments also benefit from local support -- through contributions from local counties. For example, Anoka, Hennepin, Sherburne and Benton counties have pledged to contribute 10 percent of the cost of building the Northstar commuter rail line. Hiawatha Moves Ahead With construction already about two- thirds complete, officials in Gov. Tim Pawlenty's administration have said that the Hiawatha light rail transit project will keep moving ahead. "That line will open. We will find the money to do that because it is there," said Lt. Gov. Carol Molnau, who has also been appointed Commissioner at the Department of Transportation, during a Jan. 2 interview on MPR. Hiawatha planners said the line will be in full operation, from downtown Minneapolis to the Mall of America, by the end of 2004. Some initial service will start in the spring of 2004. Meanwhile, the first train car for the line will be delivered in February or March of this year. Bus Rapid Transit Touted by the Feds The Federal Transit Authority is promoting bus rapid transit as a `mode of transportation that combines the quality of rail transit and the flexibility of buses." Bus rapid transit is relatively quick to implement, has exclusive lanes and the right -of- way at traffic signals, and is quieter and smoother than a traditional bus line. Bus rapid transit systems are being planned and actively supported by the MTDB from downtown Minneapolis through the northwest suburbs to Rogers and along Cedar Avenue from Bloomington to Lakeville. February 13,2003 City of Edina 4801 West 50' Street Edina, Minnesota 55424 Attention: Mr. Dennis Maetzold, Mayor and Council Dear Sir's, This is just a brief message to say thank you for the stop sign installed at the junction of Vernon Avenue and Gleason Road. That stop sign has really helped the flow of traffic in that area, as well as tending to slow down the drivers somewhat. It has especially made it safe for pedestrians to safely cross with the "Walk Sign" feature. Before, at the speed that traffic was moving, it was difficult for some of the older as well as younger people to cross. Mr. Siitari has been very helpful in some our discussions about the traffic and speeding in the area, so thanks to all involved who were instrumental in that project. Si ely n Ric d Bastyr -/ 6504 Aspen Road Edina, Minnesota 55436 -1742 Cc: Mr. Mike Siitari, Police Chief THE BUSINESS JOURNAL I twlntities.b1zjouma1s.com Fehmarp 14, 2003 Transit shifts soul_ mean fewer riders humbling experience last .week left me with a- deeper. . - .. . Aappreciation of the challenges facing Metro Transit, espe- . i cially as budget cuts loom. I had.ventured to a public hear -. ing regarding. the transit agency's proposal to restructure l bus routes in the south - central Twin Cities. The preliminary plan reroutes the line I've. been using for seven years. It would. require me to walk several more blocks to catch that bus or take a line that uses more local streets and less j freeway. Both choices would add about five 'minutes to my commute each way. . I am a loyal rider.' For less than (t3.50 per day, route 146 trans- ports me from south Minneapolis to my office in 20 minutes. To drive, it costs at least „ $6.50 to park plus a long walk to and from my car, and that does- rit include wear on the car or time wasted in traffic. I don't 1 Notebook -want my bus route to. change, and 'I dont understand how it Dirk D@Young would help Metro Transit meet Editor its stated goal of providing "faster, more. frequent service to major destinations." It wouldn't be faster for me. So I went to the hearing with the intention of saying so. But I didn't say anything. The hearing room was full of people with much deeper concerns than mine. .I heard.about workers who - wouldn't be able to get home from their jobs under the proposed plan, at least not without-walking through an industrial area late at night I heard about housing complexes full of low- income people who would lose easy access to their only mode of transportation. In one neighborhood, women worried. about their safety if a route change required them to walls farther to catch the bus. . Here I was worried about losing 10 minutes a day to my com- mute. I was ducked -out without saying a word. and feeling somewhat ashamed. I certainly knew before the Hearing that the bus is essential to a number of people, but I had not been forced to juxtapose that dependence with my comfortable life. Upon reflection, however, I realized my concerns are legitimate. I ride the bus because its cheap and convenient, but would drop it if it became much easier or faster to drive. I'm sure there are thou- sands of commuters whod agree. Metro Transit must meet our - I requirements or it will lose middle - class customers and, copse- . quently, an important segment of political support a don't want to speak for other commuters, but I would pay more for.continued convenient bus service; it would still beat parking downtown.) Metro Transit must also serve thosewho need the bus to get to work, to the doctor, to meet a relative or friend or to the grocery. The agenc}1s job of serving all its constituents is a tough one, and it's about to get tougher with an administration hostile to mass transit. ftpng @bWoumal nm I (612) 2BB•2m Association of Metropolitan Municipalities AMM News Pagel of 2 February 17 - 21, 2003 ARCHIVES Governor Outlines 2004 -05 Budget Proposal The Governor's 2004 -05 biennial budget proposal recommends an appropriation of $1.07 billion for aids to cities in fiscal years 2004 -05, or $435 million (29 %) less than anticipated under current law. Thirty-two percent of the reduction ($139 million) would come in calendar year 2003 and 68 percent ($296 million) in calendar year 2004. The Administration has not yet provided a city-by -city listing of the aid reductions, but has outlined the methodology used to allocate the reductions. Specific dollar amounts for cuts to individual cities are expected to be released Wednesday. To allocate the 2003 reductions, the Governor proposes reducing each city's LGA by an amount equal to 9.3 percent of the city's levy plus aids for 2003. However, the reduction would be subject to a cap equal to 5 percent of total revenue for cities with populations over 1,000 or 3.5 percent of total revenue for cities with populations under 1,000. For purposes of calculating the cap, "total revenue" would be drawn from "the latest State Auditor's report" (which would reflect either 2000 or 2001 data) and would exclude local unit grants and borrowing, but include net transfers from enterprise funds. The one exception to these caps would be for cities-with populations greater than 1,000 where the three -year average levy plus aid growth is less than 2 percent. The cap for these cities would be 3.5 percent of total revenues rather than 5 percent. Cities that do not receive enough LGA to cover their share of the reduction would have their market value homestead credit reimbursement reduced until their entire cut has been covered or until the credit is gone. For example: City A (with a population over 1,000) Levy = $1 million LGA = $250,000 Total Revenue (based on most recent State Auditor report) _ $1,750,000 Levy + Aids = $1,250,000 9.3% of levy + aids = $116,250 cap = 5% of total revenue = $87,500 2003 aid reduction = $87,500 AMM is currently working to understand the methodology for the proposed 2004 cuts and will provide that information as soon as it has been verified. http://www.anunl45.org/newsletter.htm 2/18/2003 Association of Metropolitan Municipalities Page 2 of 2 The Governor is proposing "strict" levy limits for 2004, to ensure that these reductions are "absorbed by the cities through spending restraint rather than raising property taxes." At this time, we do not know exactly what the Governor means by "strict." It appears that cities will be allowed to exceed their levy limits through some sort of referendum, however exact details are unknown at this time. Information about cuts to other areas of the state budget, including transportation, transit, housing and economic development, will be outlined in a subsequent newsletter. AMM News is sent periodically to all AMM city mangers and administrators. The information is intended to be shared with mayors, council and staff in order to keep officials abreast of important metro city issues. © Copyright 2003 AMM 145 University Avenue West St. Paul, MN 55103 -2044 Telephone: 651 - 215 -4000 Fax: 651 - 281 -1299 Email: ammCaD-amm145.org http://www.amml45.org/newsletter.htm 2/18/2003 For Detailed Information: www.edinabands.com POPS REUNION BANQUET CELEBRATION Saturday, March 11` at 7:00 p.m. at Edina Country Club - $25.00. Deadline for banquet orders is Monday, Feb. 24 Concert and Banquet Tickets: Julie Dyste at 952.832.9580 or Box Office: Feb. 18-21 and Feb. 24- 2811:30 a.m. —1 p.m. and one hour prior to performances 848 -3144 I------------------------- - - - - -I 1 POPS CONCERT TICKETS I NOW ON SALE! I I Mail this completed form and your check payable to I "EHS Concert Band Boosters" to: I POPS Tickets I I Julie Dyste I 1 7213 Oaklawn Avenue I Edina, MN 55435 1 Name I I I I Address 1 I 1 I I I I I Phone I 1 I I I I DATE (check one) 1 j ❑ Friday, February 21, 7:30 p.m I (special guest Scott Crosbie) 1 I ❑ Saturday, February 22, 7:30 p.m I j(special guests Sara and Amy Hamann) I I ❑ Thursday, February 27, 7:30 p.m. I 1 (special guest Scott Crosbie) I ❑ Friday, February 28, 7:30 p.m I (special guest Phil Holm) I 1 ❑ Saturday, March 1, 4:00 p.m I (special guest Stan Freese) I I ❑ Sunday, March 2, 2:00 p.m. I I (special guest Stan Freese) I I 1 j ♦ Concert Tickets j I Reserved @ $12 # = $ 1 Gen. Adult @ $9 # = $ I Gen. Student/Senior @ $6 # = $ I I I t 1 I--------------------------------------- - - - - -- I j ♦ Banquet Tickets @$25 # I (Vesdarian jName(s) to appear on banquet name tags: j I I 1 I I I I 1 1 I I I I I I I 1 I 1 Total Concert and Banquet I j Amount Enclosed $ I I I I ------------------------ - - - - -- PUZV Lake 6.io•IisueaIoaI9w•nnnnnn jpuno' ueplodoiaayy ayp jo aowas e uuo doH 1ISU2jiO4;)W H19, 15" N CO S • 1•I ZO-ZO-8Z L-90 \� naafi >yq.y o�3 • uo,eorwoae � uv jpunoD uevgodoj�apy ayl)o aowas e :uo doH 1ISUejiO ;)W 'EOOZ'vL'833 HE)nouH1 a31d3:)3V 38 111M S1N3WWOJ sn•uw•a1e1s•a19w @)SJoaa9s SL9L-OE-Z L9 L LbSS NA 'silodeauuiA HIJON anuany yJxiS 09S juawdolanad aaiAJaS :u14y IisueJl oJlaA 6Jo- lisueJloJjaw -mmm :Iiew -3 :xe,j •s6uijaaw Ile le papapoD aq ll!m pooai Dilgnd ayl JOJ sluawwo:) •6uueay :)ilgnd lewio} a si 6upaaw siyl„ silodeauuilN 'IaaJIS aIel 1se3 LZLZ 9S L '8 SS I, swood Al!unwwoD b:)MA UM04pIW .'w -d 6 04 L uo16uiwoo19 'ylnoS anuany uuad L096 9 L L wood'wnuolipny jo4ua7 f4IunwwoD episiIaaa, •w•d OE:Z o3 OE :Z L plai }q:)% 'ylnoS anuany }aIIO:)iN OOOL jeIua> ,K;lunwwo> p1181}4DW 'w'd 0£:8 of OE:9 euip3 'anuany a:)ueJ3 L099 (lanai Jam0l) JOW83 alep41noS OL •w'd OE:8 of OE:9 Ined 'is'anuany pueJD 009L ladeyD JasnaeyJaAaM 869110] .184seleDeW 'w'd 0£:8 o} OE :9 :ueW •s•n silodeauuilN 'yinoS anuany alleSel OOOL :awluO wnuolipny uoluJoyl •aJngDoJq siyl ui aJagmasla paisil aJe sawn pue suoile:)ol 2111 MOM •t,•g93 -9Z •ueF s6uilaaw xis aJe aJayl An improved transit system that meets today's needs Metro Transit is restructuring service in the Central -South area of the region to improve the reliability and speed of transit. The affected area includes south Minneapolis, Bloomington, Richfield, Edina and St. Paul south of 1 -94 and west of downtown. The project involves taking a fresh look at where and how often buses operate, then updating the system to match where people live and work today. Metro Transit has successfully rebuilt service in other parts of the region. In 2000, ridership increased 6 percent following improvements in the northeast metro. • 55 bus routes • 500,000 residents • 250,000 jobs • 36.4 million annual bus rides —more than half of Metro Transit ridership sjuawu= .inoA I!Lugns 01 mOH L N 46TH A � c � U sew041 'IS }o AJisa9A1un .w.d L -ol -w-e LL -sJawolsn) woJ} Indui aAia:)aJ pue suoilsenb Jamsue 'se6uey:) uieldxa of sailiunwwo:) papajje ayl ui s}uapisaJ ql!m laaw Ilion sJauueld }isueJl LL College of St Catheri 6uilaaLu Dilgnd a of awo7 • Better use of existing resources to meet residential and employment demand. • More efficient and effective routes to increase ridership. • Faster, more frequent service to major destinations and along 1 -35W, 1 -494, Lake Street and Hiawatha Avenue. • Integrating buses with Hiawatha Line light -rail service, which will begin partial operation in April 2004. • Better service between neighborhoods. • Adding new transit centers and Park & Ride lots along 1 -35W. Jan. /Feb. 2003 Public meetings Feb. /March 2003 Modify plan based on public comments Sept. 2003 Introduce changes in St. Paul April 2004 Implement changes along Hiawatha corridor Sept. 2004 Incorporate changes along 1 -35W and 1 -494 Dec. 2004 Completion of changes between Hiawatha corridor and Mall of America Attend a public meeting to learn more. Meeting dates are shown elsewhere in this brochure, along with alternate ways to submit comments. Learn more about the proposed changes All details of the plan — including background information, results of previous public meetings and a route -by -route description of changes —can be found online at www.metrotransit.org. Read the plan, view maps (PDF format) and even submit comments electronically. For a printed copy of the plan, call the Metropolitan Council Data Center at 651- 602 -1140 (TTY 651 - 291 - 0904). Details about the plan, along with maps of proposed changes for each route, are available at Metro Transit stores. Lake n of Arts .. Cedar auis R ve Park hflU 29 ,•, .:. , e 28,h St = Served by routes: ' rRandoIChh -- rsnetonka Blvd Minnetonka LL Lake ko 2 Lake 29th Lake V rr, ::,., 21,54, 63, 6451 and 70 (rush I\4941 _ tp owderho sr� " ovel nth wm Mitcheu `✓ �,,Glen +e1 08,12,17,21,23, U University Summa ■College of Law ,26 of St Thomas Macalester■ ran / , ote�S 35th 34th Colle e 36th 1 . 3 Calhoun 36th 5 E g , HeQkins eAAA •N}. ^^ 38th 38th ° 38m. St Cla,r St Cla,r •t � 8th 5t 7 ,dg 39th St v sTA sT i° Downtown (c1' Methodist SO re Airport ospital - d2nd 42nd St 4 -' 42nd a' In ? B College of S E s. 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V�k,ng 78th eah H AMERICAN BLVD M o 80th St 82nd 82nd 5t (, u ry 1,125,166, 535.536, d 01.00N wa7oN E "'- ea a n (Memo ' " n R aouthto 5q r ,e [ORPORATE CENTER Prairie nd St Cakes H, hw ood 84th St 84th St K O O' Cen[erng �a 0 �liebrew ' Bus Routes 596, 631, 632, '� E u ' 86th h 6th 633, 631, 836, 637, 681, z = A - 0 86th St f " 66:, 808, M: 691, 692• Eden ;. m' Bloomington Penn E 05,1851,55115.410, 693, 69q 698, 696. Prairie Ord non lakes LakAn e 3 - Lake V LL - - 112, 50, u5.149, 515, 539.510, 511.594 p, 90th St =� m 90th St Bush Lake d -0 e Lake Pare z C jjj��,,,���7 v VillagrvMall _ a� W Res rve 9611 m 94th ; z po Park 6 Rlde Normandale Oop�eCommunity to E / ew - 98th St 98th St 981h 98th ii 8 . A. Il I. Hyland N O x 100th o m xr Lake I 0 535,838,538,544,517 , 102nd St Z 169 m 065 sµ 104th 104th 8 - oath ohm 06` M7NNEtOr•1 H e� dew Old hako x 13 R/Y �R a AIL 110th St 110th St @ I O LAI, E m E a' Pluher L ke c - ',look .11111 Mlinionk Home "taro Club Indian Mounds Park South St. Paul a 3 Pigs FYe lake AN OVERVIEW OF THESE ROUTES WOULD BE COMPLETELY OR PARTLY REPLACED 4, 6, 7, 8, 15, 18, 19, 21, 22 (south of downtown), 28, 35HJK, 35LSU, 39, 43, 52A, 528, 52C, 52F, 69 (west of downtown), 70, 84, 134, 135, 146, 148, 156, 180, 191, 538, 539, 540, 541, 547, 556, 566, 576, 586, 587, 588, 594, 597 THESE ROUTES WOULD OPERATE MORE FREQUENTLY OR OVER LONGER HOURS 2, 19, 20, 23, 43, 54, 70, 134, 156, 538, 539, 540, 541 THESE ROUTES WOULD HAVE MINOR SCHEDULE CHANGES 5, 14, 17, 52L, 63, 67, 194, 552, 553 THESE ROUTES WOULD HAVE MINOR ROUTING CHANGES 2, 5, 9, 20, 23, 64, 568 E { { . .. K B By Como Ave S S oPM I Campus 3 3� Pholen c` S k Central-South • , , • . E a E a - '' F State k N Ma land • . Universi c con'° 0 0 1 2 2 Served by routes: f f W W E 4, 5, 6, 7, 9, 14, 17, 18, 19, 20, M Minnesota c c M Miles m 55, 133, 134, 135, 146, 194, 552, § § m° S S p p Q .. . 553, 554, 558, 568, 588, 599 a .Nashin9tOn � �i C C a nn St .... q Frattage Rd ° �sb H rye, - Hamline v v q � _ ■ - ♦ ' •:, . A -- : Amtrak Minnehaha M : r Mmnehsha o� .�sn m .._ M Minnehaha �w . . ♦ ♦ D D,-Pot m . m S S e e 0 d O,ad p p; r r F c Frankhn F Franklin ♦ w � z - E E T - '� 1 Th-aS t 1m 3 G Bus BO,nes. 9, 52M, 6M, 3 dna a 3t ■ ■Q' � 24th St " e.a " �K " ,� S Shopping O O JS 3r t O T 60.1, 618, 663,6Y2, 875, S St 3 25"2 26th St Cedar L S� M Minne v 2 n ♦ C Un venrcy • •6 J Cedar auis R ve Park hflU 29 ,•, .:. , e 28,h St = Served by routes: ' rRandoIChh -- rsnetonka Blvd Minnetonka LL Lake ko 2 Lake 29th Lake V rr, ::,., 21,54, 63, 6451 and 70 (rush I\4941 _ tp owderho sr� " ovel nth wm Mitcheu `✓ �,,Glen +e1 08,12,17,21,23, U University Summa ■College of Law ,26 of St Thomas Macalester■ ran / , ote�S 35th 34th Colle e 36th 1 . 3 Calhoun 36th 5 E g , HeQkins eAAA •N}. ^^ 38th 38th ° 38m. St Cla,r St Cla,r •t � 8th 5t 7 ,dg 39th St v sTA sT i° Downtown (c1' Methodist SO re Airport ospital - d2nd 42nd St 4 -' 42nd a' In ? B College of S E s. E,:ccis;or m �e y m �, St Catherine - 44th St 2:e` $ TH u Lake V Oh py Hal r ,e 46th Hiowodq 46th TAT 46th � Ford Pk Highland � � � Mnapolis 3 A4t S' 46th Lake Ford Pk 3 0 0 48th % M,r, a Pkwy Minne 12,605,612. , ark MN ■ Ford Hillcrest Montreal f1 Lilydale e66 Butler Signal • ' Butler 611 618, 661.662, fi65 50th .+ h 50th SI 50th , ■Veterans Plant _ Orme NNEHAHA K -`¢ a _ kt�tlad,en y,��� did Home '�� y L Hilfz 9 Moreland a 169 de ° a p san TON a E 52 o L e Edgcumbe I ,ewe. ,� e k ePo o Lake Rd u Nokomis fw 0 I�r �35]Fl b o 3 54th St 'i 54th 54th 54th yq" ,eoo F v p, ,des Crosby mThompson `t .494 Y m _ 56th a N° 56th Med I■ cv1. eeornnoN , B Farm y o O ' a' 57th S, Ce er Qt Regional Mendota wane ,. � f Be' O 58th ��, Sre Park Heights Wentworth ren .,e Luke B ceP Edina a So„thwew z 58th > g West Jet Benton 0 58th o 62 62nd St GSA a B1J ER - v C f o Role A 100 u Vall <LL os ital a. bah romzNELLINC ■Sn IRn tp1 ' St. Paul ... �w % Olinger' _ m ou[hdal Neea. 60th tI p ry ^' stenoN 155 / g N,,sslssi Mane ' V ' F Heritage / - Veterans b Mmneapohsl 62 f = Memorial SG Paul / ■ ¢ Park International Mendota "'- Me•dota P - 66th Airport uNtel \ �•� : ",. ,,`� , , 0 ' O ' m 5oh P a Dr 66th 66th 5L TERMINIA 4, �? / $nellmg O n ,r, r a M / Lake _ A a ` n PI 6.5,5.530.556, € w R►ch 1 70th 0 681, 69,1,695 d Wood Augsbur 70,h St «° 70th 5t / PtvE _ L "I"'7 Wheel 70th St Lake k ` Par p- TERMINAL °SI / OP O d 8 N / m - / Rn 5 ,°i, 1 73rd 5t - Q Fort Be' Dewey Snelling HIP 74th t7 Best 6 _ National a Parklawn Buy ° m Cemetery / �' Fo3 v A a 77th v, , t Y _ � o - I Snelling A . � z u d vane 176th 5 " ., 77th St 77th 4 I� k Min s °ta -.494 494 I 78th " � 7 ;r.... V�k,ng 78th eah H AMERICAN BLVD M o 80th St 82nd 82nd 5t (, u ry 1,125,166, 535.536, d 01.00N wa7oN E "'- ea a n (Memo ' " n R aouthto 5q r ,e [ORPORATE CENTER Prairie nd St Cakes H, hw ood 84th St 84th St K O O' Cen[erng �a 0 �liebrew ' Bus Routes 596, 631, 632, '� E u ' 86th h 6th 633, 631, 836, 637, 681, z = A - 0 86th St f " 66:, 808, M: 691, 692• Eden ;. m' Bloomington Penn E 05,1851,55115.410, 693, 69q 698, 696. Prairie Ord non lakes LakAn e 3 - Lake V LL - - 112, 50, u5.149, 515, 539.510, 511.594 p, 90th St =� m 90th St Bush Lake d -0 e Lake Pare z C jjj��,,,���7 v VillagrvMall _ a� W Res rve 9611 m 94th ; z po Park 6 Rlde Normandale Oop�eCommunity to E / ew - 98th St 98th St 981h 98th ii 8 . A. Il I. Hyland N O x 100th o m xr Lake I 0 535,838,538,544,517 , 102nd St Z 169 m 065 sµ 104th 104th 8 - oath ohm 06` M7NNEtOr•1 H e� dew Old hako x 13 R/Y �R a AIL 110th St 110th St @ I O LAI, E m E a' Pluher L ke c - ',look .11111 Mlinionk Home "taro Club Indian Mounds Park South St. Paul a 3 Pigs FYe lake AN OVERVIEW OF THESE ROUTES WOULD BE COMPLETELY OR PARTLY REPLACED 4, 6, 7, 8, 15, 18, 19, 21, 22 (south of downtown), 28, 35HJK, 35LSU, 39, 43, 52A, 528, 52C, 52F, 69 (west of downtown), 70, 84, 134, 135, 146, 148, 156, 180, 191, 538, 539, 540, 541, 547, 556, 566, 576, 586, 587, 588, 594, 597 THESE ROUTES WOULD OPERATE MORE FREQUENTLY OR OVER LONGER HOURS 2, 19, 20, 23, 43, 54, 70, 134, 156, 538, 539, 540, 541 THESE ROUTES WOULD HAVE MINOR SCHEDULE CHANGES 5, 14, 17, 52L, 63, 67, 194, 552, 553 THESE ROUTES WOULD HAVE MINOR ROUTING CHANGES 2, 5, 9, 20, 23, 64, 568 �R a AIL 110th St 110th St @ I O LAI, E m E a' Pluher L ke c - ',look .11111 Mlinionk Home "taro Club Indian Mounds Park South St. Paul a 3 Pigs FYe lake AN OVERVIEW OF THESE ROUTES WOULD BE COMPLETELY OR PARTLY REPLACED 4, 6, 7, 8, 15, 18, 19, 21, 22 (south of downtown), 28, 35HJK, 35LSU, 39, 43, 52A, 528, 52C, 52F, 69 (west of downtown), 70, 84, 134, 135, 146, 148, 156, 180, 191, 538, 539, 540, 541, 547, 556, 566, 576, 586, 587, 588, 594, 597 THESE ROUTES WOULD OPERATE MORE FREQUENTLY OR OVER LONGER HOURS 2, 19, 20, 23, 43, 54, 70, 134, 156, 538, 539, 540, 541 THESE ROUTES WOULD HAVE MINOR SCHEDULE CHANGES 5, 14, 17, 52L, 63, 67, 194, 552, 553 THESE ROUTES WOULD HAVE MINOR ROUTING CHANGES 2, 5, 9, 20, 23, 64, 568 c-nD Z0�m z D�cn0 Omm KZp (n (A Z L" Ln m r O W m 10 Z 00 0 U) D 0 M r M D v co D v v M M m TI Cn C U) r- > can — Z Dmr M U) z M O �M o N N z z M D o r �r Z 0 n m 0 T m 3 ID 00 o^^,, m o Wc O C z Z m- _T0-0 (n =D(n ((h ymm>y m ��m (n • south Minneapolis • Bloomington • Richfield • Edina • St. Paul south of 1 -94, west of downtown GMetoTransitftp on: a service of the Metropolitan Council DEADLINE FOR COMMENTS IS FEB. 14 j O 6 42nd St CD 42nd St `" \ o o 42n E E s o "TM smm Metro Transit is restructuring bus service in the Central -South area of the region (affects south Minneapolis, Bloomington, Richfield, Edina and St. Paul south of 1 -94 and west of downtown) 11 I The goal is faster, more frequent service to major destinations,' with better connections between neighborhoods. A more efficient, effective route system will tie in with Hiawatha Line light -rail service set to begin partial service in April 2004. TELL US WHAT YOU THINK! Plan details are available online at www.metrotransit.org. Fill out the form at the right and mail it to us prior to Feb. 14, 2003. Comments also may be submitted online at www.metrotransit.org or by fax at 612- 349 -7675. I I I 06- 128 -01 -02 I I ride this route(s) most often: I live in this city: What do you think of the plans for Central -South transit service? ❑ 1 like the plan; Move ahead! ❑ 1 like the plan, but I have concerns about the following: (check all that apply) Comments: ❑ Frequency ❑ Hours of service ❑ Transfer(s) ❑ Travel time ❑ Eliminated service ❑ I do not like the plan for these reason(s): (check all that apply) Comments: ❑ Frequency ❑ Hours of service ❑ Transfer(s) ❑ Travel time ❑ Eliminated service ❑ I do not have a strong opinion I have access to vehicles I drive my car days per week Other comments: To receive an update in May regarding this project, please provide this information: Name Address City /State /Zip E -mail address Robert L. Elmore, Ph.D. 6001 Birchcrest Drive Edina, MN 55436 952/929 -4229 612/965 -0851 (cell) bob @elmore.com Mayor Dennis F. Maetzold Edina City Council W. 50" Street Edina, MN Dear Mayor and City Council Members: I am attaching a position statement I have provided to Metro Transit regarding the proposed elimination of bus routes in Edina. Please read the attached document and provide me'your comments. I have read the letter from Mayor Maetzold to Metro Transit, and frankly I am disappointed that you would take a position that is clearly not in the best interests of the citizens of Edina. Could you please explain your reasoning, if there is any? How can eliminating service and forcing all who use Metro Transit to drive to Park and Ride locations possibly be considered an improvement? Again, please clarify how your actions can be viewed as beneficial to the citizens of Edina. Thank you. Robert L. Elmore, Ph.D. 6001 Birchcrest Drive Edina, MN 55436 952/929 -4229 612/965 -0851 (cell) bob @elmore.com Metro Transit RE Proposed changes to Route 588 I have read the plan, calling for the elimination of route 588 on Benton Avenue. There is nothing in your plan that persuades me-that this decision makes any sense at all. Your plan is ill conceived, and puts the supposed efficiency (is a 30- second bus stop inefficient ?) of Metro Transit above the needs of Metro area commuters. It lacks any logical basis, and offers no rational support for the proposed service cancellations. In particular: 1. Why encourage people to drive cars to transit stops versus walking to a bus stop? This is in opposition to the Metropolitan Council's support of Transit - Oriented Development. 2. This plan requires families to have an extra vehicle, for driving to a park and ride location, versus walking to a bus stop. What about families with one vehicle? 3. There are already bus routes on Vernon Ave., so the route change will serve no additional commuters. However, many of the commuters on the existing route 588 will be eliminated. 4. Why would more people drive to a park and ride at Garden Park than will drive to Colonial Church? Colonial Church offers more parking and a safer location. Your position here makes no sense and offers no improvements in service. 5.I resent the inclusion of light rail in this plan, for a variety of reasons: a. Light rail does absolutely nothing for commuters in this area. i. There is talk of light rail coming to the Southwest (Chaska to Minneapolis). When, where, and how will it be funded? b. According to an article in the St. Paul Pioneer Press (Aug. 4, 2002), Light rail costs 27 times as much as roads to move people. i. At nearly a billion dollars, how many Metro Transit bus routes would that fund? c. According to the Minnesotans for Light Rail (a radical group, to be sure) web site, i. The foundation of Governor Pawlenty's transportation plan is to borrow $2 billion to pay for highway construction projects; ii. Gov. Pawlenty is a long -time anti -rail activist (their opinion); iii. On MPR's Midday in March 2002 Gov. Pawlenty promised to stop the Hiawatha LRT line if elected; iv. He called the Hiawatha LRT line "a choo -choo train to nowhere ". d. It's also been called a billion - dollar boondoggle. e. I like traveling by rail, and have used it in Boston, Washington DC, London, Paris, and Amsterdam: all cities with a much higher population density than Minneapolis. Sent By: ; February 18, 2003 651 944 0951; Feb =18 -03 16:51; ■� �/ To: Mark Bernhardson, Bloomington Scott Neal, Eden Prairie Gordon Hughes, Edina Re: Letters of support for 494/169 interchange Tea 21 Reauthorization request Page 2/3 I managed to find a copy of a letter of support that was done in May 2000 for the 1- 494/1 -35W interchange. This letter should serve as a pretty good model for your use. This letter was put together to go along with city resolutions that the cities passed.', In this case, l suspect that a resolution from your city would be appropriate, accompanied by a letter from the Mayor. Each city should add their.O'wn specific reasons, rhy the 494 /169 interchange reconstruction is important. The letter should be addressed to Ramstad with :copies to Sabo, Kline, Kennedy and nbentar. Thank you for your help with these letters bf support. S' , Ross Thorfinnson, Jr. Fxecutivc Director 819 -1743 Fax: (952) 944 -0951 PO Box 44460 • Eden Prairie, MN 55344 • Phone: (952) • Sent By: ; 651 944 0951; Feb -18 -03 16:51; Page 3/3 ILOO May 312000 - WIN FlAillt - I101MA - MA ►U I • i NML • FUJI MM • 21CHH Ua 1 =494 CORROD62 COMMISSION 8490 MW"l Road Eom Rack MN 553" • (614)699.4M • FAX 690 -4094 The , norable Jim Ramstad Con ssman, Minnesota Third District 103 C non House Office Buildling Was on, D.C. 20515 Dear ,ongressman Ramstad:y On b f of the seven member communities of the I-494 Corridor Commission, Bloomington, Eden Prairie, Edina, MapI iGrove, Minnetonka, Plymouth and Richfield; enclosed please find individual city resolutions that support the your orts to secure supplemental funding for the 1494/1-35W Interchange Reconstruction Project. As yo 1 are already quite aware, the 1- 494/I -35W intbrcha ge project is long overdue and currently unfunded through the M esota STIP process. Both corridors were eliminated from the State's long -range transportation improvement progr due to the high cost of reconstruction in 15.95. Since that time, the 1 -494 Corridor Commission has worked tireles ly with MnDOT, the Metropolitan Council, Hennepin County, the 1 -35W Solutions Alliance, the local Cham ers of Commerce and each individual member city: to ensure that all "interim" construction projects along the coed r are staged appropriately and adequately: over : the next ten years. Our goal is to identify potential "bottl necks" along the corridor that have unmet fund ding needs, and to work with all the parties to determine how best to ad ss those needs in lieu of a complete reconstruction of 494 due to funding constraints. Than you for our efforts to secure) supplemental funding :through the current Appropriations Bill and/or the TEA -21 Y Y Come ; 'ons Bill. Your assistance in this very important }project will benefit the thousands of Minnesotans from al parts 'f the metropolitan area and Greater Minnesota who routinely travel through this interchange to go to work, home school and entertainment sites. This interchange is also extremely important in the movement of goods from our s ' e to destinations across the country. Shoul 1 Y ou have any questions about the enclosed ;resolutions, please feel free to contact me at (952) 941 -1040, Or Lisa duenz, Consultant to the I-494 Corridor Commission, at (651) 227 -1905. Since ly, Ross orfinnson, Jr. Chair CC: ongressman Martin Sabo, Minnesota Fifth Congressional District ongressman James Oberstar, Minnesota Eighth Congressional District ngressman David Minge, Minnesota Second Corigressional District enator Paul Wellstone enator Rod Grams [18- Feb -2003] Edina, Minnesota; Tax Secured, General Obligation Page 1 of 3 STANDARD RATtNGSD IRE CT E-00irS Retum to Regular Format Research: Edina, Minnesota; Tax Secured, General Obligation Publication date: 18- Feb -2003 Credit Analyst: Jane Hudson Ridley, Chicago (1) 312 - 233 -7012; James Wiemken, Chicago (1) 312 - 233 -7005 Credit Profile $11.38 mil GO equip certs of indebtedness tax incre rfdg wtr & swr bnds ser 2003A -C dtd 03/01/2003 due 02/01/2013 AAA Sale date: 19 -FEB -2003 AFFIRMED $56.775 mil. Edina AAA OUTLOOK: STABLE ® Rationale The'AAA' rating on Edina, Minn.'s GO bonds reflects the city's: • Participation in the Minneapolis MSA and role as a first -ring suburb in the Twin Cities' prosperous western suburbs; • Above - average financial performance with very high fund balance levels, both on a dollar and a percent of expenditures basis; • Evidence of ongoing strong management practices; and • Manageable debt burden with a very rapid amortization schedule that is primarily supported by tax increment financing (TIF) or other revenue sources. Edina has long been one of the Twin Cities' premiere, high - wealth suburbs..While the city's population has stayed fairly steady over the past 30 years - -the 2000 U.S. Census counted 47,425 residents —the tax base has continued to grow. Per capita effective buying income figures of more than 200% of state and national levels and a very high market value of $112,000 per capita reflect Edina's high wealth levels. The city's $5.3 billion market value is a good mix of residential (61 %) and commercial (32 %) properties. Edina is home to one of the nation's first indoor malls; recent additions and improvements to the mall keep people coming to the city to shop, which is indicated by per capita retail sales averaging 300% of national averages for the past several years. With a balanced combination of retail and commercial properties, the 10 leading taxpayers account for a diverse 14% of total net tax capacity. Edina's financial position is excellent with diverse revenue sources and conservative management practices. The city had a $14.4 million general fund balance, or a 3.4% increase over fiscal year -end 2000, at fiscal year -end Dec. 31, 2001. Projections for fiscal 2002 indicate net operating gains in the general fund. The city maintains almost its entire general fund balance as unreserved; in fiscal 2001, the unreserved general fund balance accounted for 68% of expenditures. The city has ended each of the past four fiscal years with general fund gains ranging from $800,000 41.5 million. The 2003 budget is balanced and is 2.5% larger than the 2002 budget. Like other statewide municipalities, Edina is expecting state revenue cuts in fiscal 2003. Between conservative revenue estimates and funds on hand, however, the city believes there is sufficient cushion to absorb the cuts. In addition to its general operating duties, Edina runs the city's three package liquor stores, accounting for them as an enterprise fund, which had an unreserved, undesignated equity of $2.7 million at fiscal year -end 2001. Edina's debt levels are moderate at $2,387 per capita but low at just 1.6% of market value. Debt levels file: //C:\ Documents% 20and %20Settings \ghughes\Desktop \18 - Feb -2003 %20Edina %20Mi... 2/18/2003 [18- Feb -2003] Edina, Minnesota; Tax Secured, General Obligation Page 2 of 3 have been declining recently due to the city's rapid amortization of special assessment and TIF debt, which caused carrying charges to be high at 18% in 2001. The debt amortization schedule is extremely rapid with 95% of bonds retired over 10 years. Of the city's $57.0 million in direct debt, just $8.2 million is paid from GO levy revenues, further reducing the high carrying- charge burden on Edina's taxpayers. Re Outlook The stable outlook reflects the expectation of the city's continued strong financial performance with good fund balances, as well as the appropriate management of its debt profile. Im Economy In addition to the ability to commute to downtown Minneapolis and elsewhere in the MSA for employment, Edina residents have access to a fairly diverse local employment base. As such, unemployment in the city has typically been below average, keeping it in -line with the MSA's low levels. The average through November 2002 was 3.1 %, which was below the MSA's 4.0% level and the nation's 5.7% level. The city's leading nonpublic employers include: • Fairview - Southdale Hospital (2,000 employees), • Marshall Field's (1,250), • Lund Foods (500), • Nash Finch (450), and • Golden Valley Microwave Foods (450). Edina is a suburb of choice in the affluent western Minneapolis metropolitan area. Although Edina has been largely built out for some time, the city's tax base growth continues to be strong, diversifying the tax base and attracting new retail and commercial development. There is some new residential development, but teardowns have become more prevalent in recent years. In 1999, an independent consultant conducted a citizen satisfaction survey, which determined that 99% of Edina's residents felt either good or excellent about the city's quality of life and 71 % would oppose tax cuts if it meant a reduction in city services. Edina's management team has emphasized smart growth and encouraged developers to integrate aspects of commercial, residential, and recreational usage in their designs. Developments that have come online in Edina in recent years -- including Centennial Lakes, Edinborough, and 50th & France — have become models for both new construction and redevelopment around the Twin Cities. Centennial Lakes and Edinborough are new developments in the city's southeast corner that have combined office and residential space, as well as leisure activities for residents and nonresidents. 50th & France is a redevelopment of existing storefront space in the city's northeast corner that has drawn praise from around the Minneapolis area for its revitalization of underused space. Edina expects to continue this kind of mixed -use planning as much as possible to enhance its limited remaining redevelopment opportunities. IN Finances While Edina receives no local government aid from Minnesota, the city does receive market value homestead credit, which is one of the state revenue- sharing payments it expects to be cut during the state's upcoming budget process. The city expects to lose as much $600,000 from revenue reductions. Strong revenues in other segments, however, are expected to offset these cuts; therefore, the city does not expect the need to reduce its 2003 budget at this time. The liquor fund, which is an enterprise fund that operates all of Edina's liquor stores, is among the city's positive revenue producers. The city annually budgets to make a transfer to the general fund from the liquor fund to help support certain operations, such as the arts center and ice arena. The city plans to make a $550,000 budgeted contribution in 2003; in prior years, however, it has not made the transfer when general fund operations have experienced a net gain. Edina raised its overall 2003 levy by 4 %, which increased the operating levy by its maximum of 1.13% with the remainder of the increase going toward payment for the 2003 equipment certificates. Equipment certificate proceeds will be used to purchase furnishings for Edina's new city hall, which is expected to be completed in November 2003, and fund other major equipment purchases. Given file://C:\ Documents% 20and %20Settings \ghughes\Desktop \18 - Feb - 2003 %20Edina %20Mi... 2/18/2003 [18- Feb -2003] Edina, Minnesota; Tax Secured, General Obligation Page 3 of 3 restrictive levy limits, the city believes it may issue equipment certificates every other year to fund the purchase of these kinds of assets. Debt While Edina's GO- pledge- backed direct debt is $57.0 million, j ust $8.2 million is paid from ad valorem tax revenue sources while the remainder is funded from TIF or other revenues. Despite state tax law ce changes in 2001, changes payments. These 9 es did not negatively affect he city's TIF cash fl ws and the subsequent ability of the tax increment districts to collect sufficient revenues to service debt obligations. In addition to service cover million of TIF-backed rvenue- oductng operations, lrinclud including utility revenues, a golf course, nd a covered entirely by P swimming pool. Annual , leading oeat very rapid TIF-backed amortization schedule. In addition, the city often million for the next s years, prepays some principal to keep debt levels trending downward. Copyright ©1994 -2003 Standard & Poors, a division of The McGraw -Hill Companies. All Rights Reserved. Privacy Policy file://C :\ Documents% 20and %20Settings \ghughes\Desktop \18 - Feb - 2003 %20Edina %20Mi... 2/148/2003