HomeMy WebLinkAbout1998-12-21_COUNCIL PACKETAGENDA
EDINA HOUSING AND REDEVELOPMENT AUTHORITY
EDINA CITY COUNCIL.
DECEMBER 21,1998
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 December 7,1998
Rollcall II PAYMENT OF CLAIMS as per pre -list dated 12/16/98 TOTAL: $74,778.12
III. ADJOURNMENT
EDINA CITY COUNCIL
I. APPROVAL OF MINUTES - Regular Meeting of December 7, 1998 and Special
Meeting of December 7,1998
II. PUBLIC HEARING ON PROPOSED IMPROVEMENT - Affidavits of Notice by Clerk.
Presentation by Engineer. Public comment heard. Motion to close hearing. If Council
wishes to proceed, action by Resolution; .3/5 favorable rollcall, of Council Members
required to pass if improvement is petitioned for; 4/5 rollcall of Council Members
required if not a petitioned improvement.
Rollcall A. Permanent Street Resurfacing Improvement No. BA -318 - West 77th Street from
Highway 100 to Parklawn Avenue
III. PUBLIC HEARINGS AND REPORTS ON PLANNING MATTERS Affidavits of Notice
by Clerk. Presentation by Planner. Public comment heard. Motion to close hearing
Zoning Ordinances: First and Second Reading require 4/5 favorable rollcall vote of all
members of Council to pass. Waiver of Second Reading: 4/5 favorable rollcall of all
members of Council to pass. Final Development Plan A roval of Pro ertY Zoned
Planned District: 3/5 favorable rollcall vote required to pass. Conditional Use Permit:
3/5 favorable rollcall vote required to pass.
Rollcall A. Resolution Requesting Extension - Edina Comprehensive Plan
IV. AWARD OF BID
* A. Eight Gas Golf Cars and 5 Electric Golf Cars - Braemar Golf Course
* B. Crushing of Recyclable ,Materials /Concrete, Asphalt and Brick for 1999
Agenda/Edina City Council
December 21,1998
Page 2
V. RECOMMENDATIONS AND REPORTS
* A. Traffic Safety Report of December 8,1998
B. New Wine and Beer License - Romano's Macaroni Grill
C. Pamela Lake Water Quality Report
D. Y2K Report
* E. Resolution - Hennepin County Annual Data Processing License for Engineering
Data
F. Minnehaha Creek Watershed District Appointment
G. Set date for Council's Annual Meeting and Volunteer Recognition Dinner
H. City's Deferred Compensation Program Resolution
VI. COMMUNICATIONS AND PETITIONS
VII. CONCERNS OF RESIDENTS
VIII. INTERGOVERNMENTAL ACTIVITIES
IX. SPECIAL CONCERNS OF MAYOR AND COUNCIL
X. MANAGER'S MISCELLANEOUS ITEM
XI. FINANCE
Rollcall A. Public Hearing -1999 Levy and Budget Adoption
Rollcall B. Ordinance No. 1998 -7 Amending Code Section 185 Increasing Certain Fees
(includes 1999 Liquor Fees Hearing)
Rollcall C, Resolution - Park and Recreation Fees for 1999
Rollcall D. Resolution - Ambulance Fees for 1999
Rollcall E Resolution - Miscellaneous Fees for 1999
Rollcall F. Payment of Claims as per Pre -List dated 12/16/98 TOTAL: $1,416,404.12
SCHEDULE OF.UPCOMING MEETINGS II
Wed
Dec 24
CHRISTMAS EVE DAY - CITY HALL CLOSES AT NOON
Thur
Dec 25
CHRISTMAS DAY - CITY HALL CLOSED
Tues
Dec 29
Year End Meeting 5:00 P.M.
MANAGERS CONF RM
Wed
Dec 31
NEW YEAR'S EVE DAY - CITY HALL CLOSES AT NOON
Thur
Jan 1
NEW YEAR'S DAY - CITY HALL CLOSED
Mon
Jan 4
Regular Council Meeting 7:00 P.M.
COUNCIL CHAMBER:
Mon
Jan 18
MARTIN LUTHER KING DAY OBSERVED - CITY HALL CLOSED
Tues
Jan 19
Regular Council Meeting 7:00 P.M.
COUNCIL CHAMBERS
Mon
Feb 1
Regular Council Meeting 7:00 P.M.
COUNCIL CHAMBERS
Mon
Feb 15
PRESIDENTS DAY OBSERVED - CITY HALL CLOSED
Tues
Feb 16
Regular Council Meeting 7:00 P.M.
COUNCIL CHAMBERS
City of Edify
RESOLUTION
ORDERING IMPROVEMENT NO. BA -318 RECONSTRUCTION,
AND BANNING PARKING ON MSAS 136 WEST 77rH
_ ST. S.A.P. 120-136-14 HIGHWAY 100 TO_PARKLAWN AVENUE
'WHEREAS, a motion of the City Council on December 7, 1998 fixed a date for a
Council hearing on the proposed improvement of MSAS 136 West 771h Street from
Highway 100 to Parklawn Avenue; and
WHEREAS, ten days' mailed notice and two weeks published notice was given
and the hearing was held thereon on the 7th day of December, 1998, at which time all
persons desiring to be heard were given an opportunity to be heard thereon; and
WHEREAS, the "City" will be spending Municipal State Aid Funds on the
improvement of said street; and
WHEREAS, this improvement does not provide adequate width for parking on
both sides of the street. Approval of the proposed construction as a Municipal State
Aid Street project must therefore be conditioned upon certain parking restrictions.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Edina:
1. Such improvement is hereby ordered as proposed conditioned upon a joint
powers agreement with the City of Bloomington to construction the portion
of West 77th Street east of Parklawn Avenue to Johnson Drive.
2. Francis Hoffman is hereby designated as the engineer for the improvement
and shall prepare plans and specifications for the making of such
improvement.
3. The "City" shall ban the parking of motor vehicles on both sides of MSAS 136
(West 771h Street) S.A.P. 120-136-14 at all times.
Adopted this 21s' day of December, 1998.
STATE OF MINNESOTA
COUNTY OF HENNEPIN ) SS
CITY OF EDINA ) CERTIFICATE OF CITY CLERK
1, the undersigned duly appointed and acting City Clerk for the City of Edina do he.re.by certify
that the attached and foregoing Resolution is a true and correct copy of the _Resolutior: duly
adopted by the Edina City Council at its regular meeting December 21, 1998 and as recorded in
the Minutes of said regular meeting.
WITNESS, my hand and seal of said City this 22nd day of December, 1998.
Debra A. Mangen, I& Clerk
City Hall (612) 927 -8861
4801 WEST 50TH STREET FAX (612) 826 -0390
EDINA, MINNESOTA 55424 -1394 TDD (612) 826 -0379
MINUTES OF THE
REGULAR MEETING OF THE
EDINA HOUSING AND REDEVELOPMENT AUTHORITY
HELD AT CITY HALL
DECEMBER 7,1998 - 7:00 P.M.
ROLLCALL Answering rollcall were Commissioners Faust, Hovland, Kelly, Maetzold
and Chair Smith.
CONSENT AGENDA ITEMS APPROVED Motion made by Commissioner Maetzold
and seconded by Commissioner Kelly approving the Consent Agenda as
presented.
Rollcall:
Ayes: Faust, Hovland, Kelly, Maetzold, Smith
Motion carried.
*MINUTES OF THE NOVEMBER 16, 1998, HRA MEETING APPROVED Motion
made by Commissioner Maetzold and seconded by Commissioner Kelly
approving the Minutes of the November 16, 1998, HRA meeting as presented.
Motion carried on rollcall vote - five ayes.
*BID AWARDED FOR CENTENNIAL LAKES AMPHITHEATER STRUCTURE WITH
CONCESSIONS AND STORAGE BUILDINGS Motion made by Commissioner
Maetzold and seconded by Commissioner Kelly for award of bid for Centennial
Lakes Amphitheater Structure with Concessions and Storage Buildings to
recommended low bidder, Lund Martin Construction, Inc., at $387,685.00.
Motion carried on rollcall vote - five ayes.
CLAIMS PAID Commissioner Maetzold made a motion approving payment of the
following claims as shown in detail on the Check Register dated December 2,
1998, and consisting of one page totaling $2,061.75. Commissioner Hovland
seconded the motion.
Rollcall:
Ayes: Faust, Hovland, Kelly, Maetzold, Smith
Motion carried.
There being no further business on the HRA Agenda, Chair Smith declared the meeting
adjourned.
Executive Director
COUNCIL
CHEun REGISTER
16 ---C -1998 (18:50)
1
page 1
CHECK NO
DATE
CHECK AMOUNT
VENDOR
DESCRIPTION
INVOICE
PROGRAM
OBJECT PO NUM
------------------------------------------------------------------------------------------------------------------------------------
13394
12/21/98
$3,881.56
BRW INC.
Arch fees
26705488
50TH STREET
PRO FEE
ARCH /E
< *>
$3,881.56*
13395
12/21/98
$29,815.71
C.S. McCrossan Construct
PARKS
97 -2FNL
CENTENNIAL LAK
PARKS
< *>
$29,815.71*
13396
12/21/98
$328.87
Egan Field & Norwak INc
Survey fees
24860
50TH STREET
PRO FEE
ARCH /E
< *>
$328.87*
13397
12/21/98
$14.00
FASHION AVENUE
Parking permit refund
1382
50TH STREET
PARKING
PERMIT
< *>
$14.00*
1339$
12/21/98
$14.00
Hoffman, Heather
Parking permit refund
1202
50TH STREET
PARKING
PERMIT
< *>
$14.00*
13399
12/21/98
$14,882.70
Nadeau Utility Inc
PROF FEES ARCH AND EN
98 -2 #4
50TH STREET
PRO FEE
ARCH /E
< *>
$14,882.70*
13400
12/21/98
$25,841.28
THOMAS & SONS CONSTRUCTI
PARKS
98 -3 #5
CENTENNIAL LAK
PARKS
< *>
$25,841.28*
$74,778.12*
.i
MINUTES
OF THE REGULAR MEETING OF THE
EDINA CITY COUNCIL
HELD AT CITY HALL
DECEMBER 7,1998 - 7:00 P.M.
ROLLCALL Answering rollcall were Members Faust, Hovland, Kelly, Maetzold and
Mayor Smith.
CONSENT AGENDA ITEMS APPROVED Motion made by Member Maetzold and
seconded by Member Hovland for approval of the Consent Agenda as presented with
the exception of I. Approval of the Regular Meeting Minutes of November 16,1998, and
IV.D. Resolution approving and authorizing execution of Landscape Agreement with
Mn/DOT. Member Kelly seconded the motion.
Rollcall:
Ayes: Faust, Hovland, Kelly, Maetzold, Smith
Motion carried.
PRESENTATION BY REPRESENTATIVES OF SOUTHDALE "Y" John Lonsbury, 6716
Southdale Road, Member of the Board of Management of the Southdale Y, noted the Y's
mission is: "To develop the total person - spirit, mind and body - through character development
programs that build strong kids, strong families and strong communities." Mr. Lonsbury
introduced Kathy Harley and Ann Linquist, from the "Y" who work with Community
Programming and Fitness.
RESOLUTION OF APPRECIATION PRESENTED TO RETIRING LIQUOR STORE
MANAGER CHUCK PETERSON Mayor Smith thanked the retiring Liquor Store
Manager Chuck Peterson for his 39 1/2 years of service and acknowledged his
extraordinary dedication, loyalty and commitment to the City.
MINUTES OF THE REGULAR MEETING OF NOVEMBER 16, 1998, APPROVED AS
AMENDED Member Faust removed the Minutes of the November 16, 1998, Regular
Council Meeting to add comments not normally included in the minute transcription.
Member Hovland asked for further clarification on Agenda Item IV.D., Resolution
approving and authorizing execution of Landscape Agreement with Mn/ DOT.
Member Hovland made a motion approving the Minutes of the Regular Meeting of
December 7,1998, as changed. Member Maetzold seconded the motion.
Ayes: Faust, Hovland, Kelly, Maetzold, Smith
Motion carried.
VACATION OF PORTION OF UTILITY EASEMENT APPROVED_ -_ LOT 1, BLOCK 1,
LYLE 2ND ADDITION, 5809 TRACY AVENUE (JOHN M. LOHMANN) Affidavits of
Notice were presented, approved and ordered placed on file.
Presentation by Engineer
Minutes/Edina City Council/December 7,1998
Engineer Hoffman explained the property owner at 5809 Tracy Avenue requested the City
vacate a portion of drainage and utility easement at 5809 Tracy because a corner of the
home is encroaching in the easement. Engineer Hoffman stated that the City of Edina,
NSP, Minnegasco, USWest and Paragon Cable do not have any facilities located in the
requested area. Staff recommends granting the requested vacation.
Mayor Smith asked for Council comment. No comments were heard.
Member Maetzold introduced the following resolution and moved its approval:
RESOLUTION VACATING PORTION
OFUTILITY AND DRAINAGE EASEMENT
WHEREAS, a motion of the City Council,. on the 2nd day of November, 1998, fixed
a date for a public hearing on a proposed vacation of a portion of the utilities and
drainage easement;
WHEREAS, two weeks published and posted notice of said hearing was given
and the hearing was held December 7, 1998, at which time all persons desiring to be
heard were given an opportunity to be heard thereon; and .
WHEREAS, the Council deems it to be in the best interest of the City and of the
public that said vacation be made; and
WHEREAS, the Council considered the extent the vacation affects existing
easements within the area of .the vacation and the extent to which the vacation affects
the authority of any person, corporation, or municipality owning or controlling electric,
telephone or cable television poles and lines, gas and sewer lines, or water pipes, mains,
and hydrants on or under the area of the proposed vacation to continue maintaining the
same, or to enter upon such easement area or portion thereof vacated to maintain, repair,
replace, remove or otherwise attend thereto;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Edina,
Hennepin County, Minnesota, that, the following portion of the utility and drainage
easement is hereby vacated effective as of December 7,1998:
That part of the sewer easement located in Lot 1, Block 1; Lyle 2nd Addition,
Hennepin County, Minnesota, described as the Southerly 3.8 feet of the
Northerly 20 feet of the Easterly 28 feet of the Westerly 57.4 feet of said Lot 1.
BE IT FURTHER RESOLVED that said vacation does not affect, and there are
continued, reserved, and retained, by the said resolution ordering the vacation, the
following existing easements and authority in, on and under the above vacated area:
The authority of Northern States Power Company, USWest
Communications, Paragon Cable Minnesota, or Minnegasco to enter upon
the above vacated area for the maintenance, replacement, repair and
removal of and for otherwise attending to, underground conduit,
manholes, cables, wires and poles required for utility service now in, on or
under the above vacated area.
BE IT FURTHER RESOLVED, that the City Clerk is authorized and directed to
cause a notice of completion of proceedings to be prepared, entered in the transfer
record of the County Auditor, and filed with the .County Recorder, in accordance with
Minnesota Statutes, Section 412.851.
Adopted this 7th day of December, 1998. Member Faust seconded the motion:
Rollcall:
Page Z
Minutes/Edina City Council/December 7,1998.
Ayes: Faust, Hovland, Kelly, Maetzold, Smith
Resolution adopted.
VACATION OF UTILITY EASEMENT APPROVED - LOTS.4 AND 5, MIRROR OAKS,
5013 AND 5017 ' OAK BEND LANE (TAMES AND MARY FREY) Affidavits of Notice
were presented, approved and ordered placed on file.
Presentation by Engineer
Engineer Hoffman noted the proponent has purchased two lots with the intent of building
a home- over_the__existing..property- line. This would necessitate- vacating the- side _ yard -. - - - -
utility and drainage easements. Staff recommends granting the requested vacation.
Mayor' Smith asked for Council comment. No comments were heard.
Member Maetzold introduced the following resolution and moved its approval:
RESOLUTION VACATING DRAINAGE
AND UTILITY EASEMENT
WHEREAS, al motion of the City Council, on the 2nd day of November, 1998, fixed
a date for a public hearing on a proposed vacation. of a portion of the utilities and
drainage easement,
WHEREAS, two weeks published and posted notice of said hearing was given
and the hearing was held December 7, 1998, at which time all persons desiring to be
heard were given an opportunity to be heard thereon, and
WHEREAS, the Council deems it to be in the best interest of the City and of the
public that, said vacation be made; and
WHEREAS, the Council considered the extent the vacation affects existing
easements within the area of the vacation and. the extent to which the vacation affects
the authority of any person, corporation, or municipality owning or controlling electric,
telephone or cable television poles and lines, gas and sewer lines, or water pipes, mains, .
and hydrants on or under the area of the proposed vacation to continue maintaining the
same, or to enter upon such easement area or portion thereof vacated to maintain, repair,
replace, remove or otherwise attend thereto;
NOW,' THEREFORE, BE IT RESOLVED by the City Council of the City of Edina,
Hennepin County, Minnesota, that the following utility and drainage easements are
hereby vacated effective as of December 7,1998:
Those 'particular 5.00 foot wide drainage and utility easements adjoining the
common lot line, between Lots 4 and 5, Block 1, MIRROR OAKS, according to the
recorded plat thereof, which'lie westerly of the easterly 10.00 feet of said Lot 5
and lying southerly of a line 10.00 feet southerly of, measured radially from the
right of way of OAK BEND LANE as dedicated on said plat.
BE IT FURTHER RESOLVED that said vacation does not affect, and there are
continued, reserved, and retained, by the said resolution ordering the vacation, the
following existing easements and authority in, on and under the above vacated area:
The authority of Northern States Power Company,. USWest
Communications, Paragon Cable Minnesota, or Minnegasco ,to enter upon
the above vacated area for the maintenance, replacement, repair and
removal of and for otherwise ' attending to, underground conduit,
Page 3
Minutes/Edina City Council/December 7,1998'
manholes, cables, wires and poles.required for utility service now in, on or
under the above vacated area.
BE IT FURTHER RESOLVED; that the City Clerk is authorized and directed to
cause a notice of completion of proceedings to be prepared, entered in the transfer
record of the County Auditor, and filed with the County Recorder, in accordance with
Minnesota Statutes, Section 412.851
Adopted this 7th day of December, 1998. Member Faust seconded the motion.
Rollcall:
Ayes: Faust, Hovland,-Kelly, Maetzold, Smith
Resolution adopted.
*BID AWARDED FOR DREDGING OF POND AT BRAEMAR GOLF COURSE Motion
made by Member Maetzold and seconded by Member , Hovland for award of bid for
dredging -of the pond at Braemar Golf Course to recommended low bidder, Dave
Perkins Contracting at $16,875.00.
Motion carried on rollcall vote - five ayes.
*1999 PUBLIC HEALTH NURSING SERVICE CONTRACT AWARDED Motion made
by Member Maetzold and seconded by Member Kelly awarding the contract for Public
Health Nursing Services to the Bloomington Division of Public Health for $157,286.00
for 1999.
Motion carried on rollcall vote - five ayes.
*RESOLUTION SETTING HEARING DATE OF JANUARY 4, 1999. FOR VACATION
OF PORTION OF WEST 41sT STREET (4023 LYNN AVENUE SOUTH) Motion. made by
Member Maetzold and seconded by Member Kelly approving the following resolution:
RESOLUTION CALLING FOR
PUBLIC HEARING ON VACATION OF PORTION OF
WEST 41sT STREET - 4023 LYNN AVENUE SOUTH
BE IT RESOLVED by the City Council. of the City of Edina as follows:
1. It is hereby found and determined that the following described property
should be considered for vacation in accordance with the provisions of
Minnesota Statutes, Section 160.29.and 462.348. Subd. 7:
The. northerly thirty(30) feet of the unimproved portion of west 415t.,
Street as platted in Minikanda Vista Third Addition, Morningside,
Minnesota, adjacent to Lot 13, Block 2, Minikanda Vista Third
Addition, Morningside, Minnesota, according to the plat thereof on
file or of record in the office of the. Registrar of Titles, Hennepin
County, Minnesota.
2. This Council shall' meet at 7:00 P.M. on the 4th day of January, 1999, for the
purpose of holding a public hearing on whether such vacation shall be made
in the interest of the public.
3. The City Clerk is authorized and directed, to cause notice of said hearing to be
published once a week for two weeks in the Edina Sun - Current, the official
newspaper of the City, to post such notice, in at least three public and
conspicuous places, as provided in Minnesota Statutes. Such notice shall be in
substantially the following form:
Page 4
1
Minutes/Edina City Council/December 7,1998
1 •
(Official Publication)
CITY OF EDINA
4801 WEST 50TH STREET
EDINA, MINNESOTA 55424
NOTICE OF PUBLIC HEARING ON
VACATION OF PORTION OF WEST 41sT STREET -
5023 LYNN AVENUE SOUTH
IN THE CITY OF EDINA
HENNEPIN COUNTY, MINNESOTA
NOTICE IS HEREBY GIVEN that the City Council of the City of Edina, Minnesota will
meet on January 4, 1999, in the Council Chambers at 4801 West 50th Street for a public
hearing for the proposed vacation of the following public street:
The northerly thirty(30) feet of the unimproved portion of west 41s1 Street as
platted in Minikanda Vista Third Addition, Morningside, Minnesota, adjacent
to Lot 13, Block 2, Minikanda Vista Third Addition, Morningside, Minnesota,
according to the plat thereof on file or of record in the office of the Registrar of
Titles, Hennepin County, Minnesota.
All persons who desire to be heard with respect to the question of whether or not the
above proposed street vacation is in the public interest and shall be heard at said time
and place. The Council shall consider the extent to which such proposed street vacation
affects existing easements within the area of the proposed vacation and the extent to
which the vacation affects the authority of any person, corporation, or municipality
owning or controlling electric, telephone or cable television poles and lines, gas and
sewer lines, or water pipes, mains, and hydrants on or under the area of the proposed
vacation, to continue maintaining the same or to enter upon such easement area or
portion thereof vacated to maintain, repair, replace, remove, or otherwise attend thereto,
for the purpose of specifying, in any such vacation.resolution,. the extent to which any
or all of such easement, and such authority to maintain, and to enter upon the area of
the proposed vacation, shall continue.
BY ORDER OF THE EDINA CITY COUNCIL
Debra Mangen, City Clerk
Adopted this 7th day of December, 1998.
Motion carried on rollcall vote - five ayes.
*RESOLUTION APPROVING PUBLIC AUCTION OF TAX FORFEIT PROPERTY
Motion made by Member Maetzold and seconded by Member Kelly approving the
following resolution:
RESOLUTION
WHEREAS, the City Council of the City of Edina has received from the County
of Hennepin a list of lands in said municipality which became the property of the State
of Minnesota for non - payment of property taxes, which said list was dated November
20,1998, Conservation/Non- Conservation Classification List 1064 -C/NC.
WHEREAS, the parcel in said list identified as PIN No. 28- 117 -21 -31 -0041 has
heretofore been classified by the Board of County Commissioners of Hennepin County,
Minnesota, as non - conservation land the sale thereof and has heretofore been
authorized by said Board of County Commissioners; and
Page 5
Minutes/Edina City Council/December 7,1998
WHEREAS, it has been determined by the Edina City Council that there are no
existing or pending special assessments on said parcel; and
WHEREAS, it has been determined by the Edina City Council that said parcel
need not be withheld from sale pursuant to M.S. 85.012, M.S. 92.461; M.S. 282.01, Subd.
8; M.S. 282.018, Subd. 1, or M.S. 282.018, Subd. 2;
NOW, THEREFORE, be it resolved by the Edina City Council that the said
classification is hereby approved.
BE IT FURTHER RESOLVED by the Edina City Council that, acting pursuant to
Minnesota Statutes 282.01, Subd. 7a, it has determined that said parcel of land is not
buildable according to the City's Zoning Ordinance and that sale of said parcel be
limited to the adjacent properties for attachment thereto.
Adopted this 7th day of December, 1998.
Motion carried on rollcall vote - five ayes.
RESOLUTION APPROVING LANDSCAPING AGREEMENT WITH MN/DOT
Member Hovland removed the approval of the landscaping agreement with Mn /Dot for
further clarification. Park Director Keprios explained staff proposed the City approve the
landscaping agreement along TH 62 at Tracy with Mn /DOT. The plan proposed to plant
$10,000 of plant materials. All plant materials will be placed on Mn /DOT property. As the
plants mature, they will beautify the highway and create an attractive natural buffer
between the residential homes and TH 62. Mn/ DOT will assume all costs totaling
$10,000.00. An Edina resident and landscaper will plant and maintain the material at his
expense. The City will not incur any costs with this project.
Member Hovland introduced the following resolution and moved approval:
RESOLUTION
IT IS RESOLVED that the City of Edina enter into Mn/DOT Agreement No.
78169 with the State of Minnesota, Department of Transportation for the following
purposes:
To provide for payment by the State to the City for acquisition of landscape
materials to be placed along Trunk Highway No. 62 from Tracy Avenue to 1/3 mile east
of Tracy Avenue within the corporate City limits under State Project No. 2763 -969A
IT IS FURTHER RESOLVED that the City Clerk is hereby authorized to execute
the Agreement.
Adopted this 7th day of December, 1998. Member Kelly seconded the motion.
Ayes: Faust, Hovland, Kelly, Maetzold, Smith
Resolution adopted.
*RESOLUTION SETTING HEARING DATE FOR DECEMBER 21, 1998, FOR WEST
77m STREET IMPROVEMENT; FEASIBILITY REPORT RECEIVED (IMPROVEMENT
NO. BA -318) Motion made by Member Maetzold and seconded by Member Kelly
approving the following resolution:
RESOLUTION
WHEREAS, the City Council received a petition from residents requesting
improvements of West 771h Street east of Highway 10 to Parklawn Avenue and to
include expanding of West 77th Street to a five lane section and adding a sidewalk on
Page 6
Minutes/Edina City Council/December 7;1998
the north side and referred it to the Engineering Department requesting a feasibility
report, and
WHEREAS, the City received a petition from residents requesting the
five lane section' to include two through lanes in each direction and a center turn lane to
allow for left turns; and
WHEREAS, the City Council received ' a petition from residents requesting
additional project work to include traffic signals at Parklawn Avenue and Computer
Avenue; and
WHEREAS, the City Council has set. a public hearing date for the proposed
improvements for December 21,1998, at 7:00 P.M.
- BE-IT-RESOLVED- by the -City Council- that the 'feasibility- reports -received by
them on December 7, 1998, will be considered at the previously called public hearing
December 21, 1998, and the assessment of abutting property for all or a portion of the
cost of said improvements shall be considered at that time.
Adopted this 7th day of December, 1998.
Ayes: Faust, Hovland, Kelly, Maetzold, Smith
Resolution adopted.
UPDATE GIVEN ON LIQUOR ORDINANCE Manager Hughes updated the Council on
the Liquor Ordinance and explained staff has framed questions and issues for study.
Findings with respect to the questions and issues will be discussed at a future meeting as
well as alternatives for consideration and recommendations where appropriate. Following
the Council's discussion and direction concerning the questions and issues, the Council
will set a hearing date to receive testimony from prospective licensees and the public.
A study conducted by the City of Bloomington has recently been completed concerning
the costs of enforcement and administration of liquor licenses and license fees. The study
is timely and seems to be complete and copies were included in the Council packet.
Mayor Smith believes the public meeting should ,be held following the drafting of an
ordinance. He informed the Council he received a call from Mike Kallas, Chamber of
Commerce, with the tone of the conversation seeming like the process should be "hurried -
up ". Mayor Smith reiterated the Council wants to .do a good job and it would be fine if
hearings were held in late January or February.
QUESTIONS AND COMMENTS:
QUESTION 1: State law permits the issuance of not more -than, 19 on -sale intoxicating
liquor licenses in Edina. Does the Council wish to allow the issuance of all 19.licenses or
does the Council wish to cap the number of available licenses at a lesser number?
Member Hovland inquired what the pros and cons would be of fewer than. 19 licenses...
Member Faust said it appears question 1 and 3 could be combined. She believes we should
start with a conservative number of licenses and then expand the number to the limit set
by the State.
Page 7
Minutes/Edina Cif Council/December 7,1998
Member Maetzold believed staff should .decide the appropriate number of licenses that
would "fit our type of community. His instinct feels it should be less than 19 more like 12.
He asked if a certain number of licenses should be set aside to encourage future"
development in the City such as a five star hotel.
Member Kelly said whether the criteria is met for licensing is more important than the
number of licenses. The important thing is the ability to deny a license if an applicant does
not meet the set criteria. He inquired whether limits on numbers of licensing for certain
types of restaurants, e.g. sports bar/ restaurants, could be a part of the ordinance. Attorney
Gilligan said if the applicant meets ordinance criteria, the City must issue the license.
Member Kelly asked if 9 - 10 licenses are issued initially can we go back and license the
others in the future.
Mayor Smith stated he is not a fan of this in the first .place. He emphasized traffic is a
concern of everyone and traffic will only grow with these type of businesses. He believes
licensing preference should be given to present license holders of beer and wine, and the
City's zoning seems to be an adequate means of .control. He would limit -the. number of
licensees to less than 10 to begin with. There are costs to recover and he does not want the
residents to pay for someone having a liquor license. He asked for clarification if a tax
could be collected on liquor sales. Manager Hughes said he believes Bloomington's liquor
tax applies only to the Mall of America and deals with their port authority. Attorney
Gilligan said it may deal with their convention trade and he would ask their City Attorney
about this.
QUESTION 2: The City currently has issued 16 on -sale wine licenses and eleven 3.2 beer
licenses. Does the Council wish ''to give a "preference" to such licensees for new
intoxicating liquor licenses?
Member Kelly said the City should not categorically give preference to license holders to
be re- licensed. He added he would not approve the issuance of a concentration of liquor
establishments in one area.
Member Maetzold asked about the Interlachen and Edina Country Clubs and if they are
included in the 16. Attorney Gilligan said no they are not included. They are club licenses.
Member .Faust asked if Braemar or Edinborough Park decide to serve hard liquor would
they be included in the limited number. Manager Hughes said no they probably would
not be included but staff would research this fact.
Member Hovland asked if an applicant meets all criteria for licensing, and an adequate
number of licenses are available, would there be any reason to deny a license thereby
alleviating discrimination between a licensee and someone from the outside. Attorney
Gilligan noted he, would examine the fact- if someone could be given a. preference for
licensing before someone not licensed can apply.
Member Kelly asked what if the number of licenses were limited, and if license holders
were given preference for licensure, and more applications than the number allowed by
Page 8
Minutes/Edina City Council/December 7,1998
ordinance were received. Attorney Gilligan said that would need examination and may
need to be on a first come /first served basis or handled via lottery. We could not
discriminate between applicants if the criteria is met. Member Kelly asked if a certain
number could be set for hotels or restaurants. Attorney Gilligan said that may be a
possibility.
Member Maetzold inquired if there were more applicants than licenses available, could
there be a bid process. Attorney Gilligan said fees for licensing need to . be -based on
enforcement costs and could be :higher because of the possibility of needed stricter
enforcement.
Member Faust asked for a map of where the license holders are located within the City to
be provided to the Council.
Member Hovland asked if all licenses allowed by ordinance were in issued and the City
was approached by a very desirable 5 star restaurant expressing, interest in locating in
Edina. Would the applicant be told they could have the next license that opened up or
would the public need to know we are considering issuing one more license to allow them
a chance to apply. -Attorney Gilligan said he did now know the answer at this time.
Member Hovland inquired if the fee could be different and if the method used could be
related back to cost.
QUESTION 3: Restaurants are allowed in the following zoning districts: C -1,2,3 (commercial
district, MDD (mixed development district), PRD4,5, PSR-4 (residential districts) and
POD(office district). Does the Council -wish to permit the issuance of on -sale intoxicating liquor
licenses in all of these.districts or in only some of the-districts?
QUESTION 4: What is the approximate cost of issuance, inspection and enforcement with. respect
to on -sale intoxicating liquor licenses? What should the City's fee schedule be for such licenses?
Member Hovland inquired whether the fees could relate directly to cost or what method
for establishing the fee would be used.
QUESTION 5: The City Code requires that wine licensed restaurants receive at least 60 percent of
revenues from the sale of food. Should this requirement be maintained or changed for on -sale
intoxicating liquor licensees?
Council voiced no concerns or changes.
QUESTION 6: State law restricts liquor licenses in close proximity to schools. Does the Council
wish to provide spacing requirements with respect to other uses?
Mayor Smith asked if proximity to day cares should be added to the proposed ordinance
even though most are closed in the evening. Member Faust noted there are a number of
day cares near Southdale, Cornelia and the Galleria also.
Page 9
Minutes/Edina City Council/December 7,1998
QUESTION 7: The City Code limits bar or service counter seating to not more than 15
percent of the seating capacity of a premises .licensed to sell wine. Should this ratio be maintained
for intoxicating liquor premises?
The Council consensus was that this seems reasonable.
QUESTION 8: Some cities require a minimum capital investment to qualify for an intoxicating
liquor license. Does the Council wish to establish a minimum requirement?
Member Kelly said the investment in establishing a restaurant is sizable and if a minimum
were established by ordinance it would keep the riff - raff out. Attorney Gilligan noted
some cities do require a minimum investment. Member Maetzold said establishing . a
minimum capital investment makes sense. Manager Hughes said the.cities-he is aware of
have focused on a capital investment with a dollar amount. Member Maetzold inquired
whether any leverage would be gained from establishing a minimum investment. Member
Faust asked• if a long established restaurant such as Tejas would be grandfathered in as
their investment. would be far less than a restaurant applying today. Manager Hughes
commented the question is how to deal with existing restaurants.
QUESTION 9: The City Code provides a rather stringent investigation process for wine license
applicants. Does the `Council believe that this process is adequate for intoxicating liquor license
applications?
Member Hovland commented staff has previously done the investigations for wine and
beer and that method should be fine. Manager Hughes said no formal applications have
been received. Members Faust and Maetzold commented the investigation process would
be the responsibility of the Police Department. Member Kelly noted the process is fine the
way it is. Mayor Smith said he believes a liquor license should be held not owned.
Attorney Gilligan said there are some property rights in a year -to -year license . and there
could be some concern with cancellation of a license. Mayor Smith indicated staff really
needs to make sure the license belongs to the City. Member Hovland asked if a license
could be transferred to another restaurant owner.
QUESTION 10: Should the City prohibit certain types of entertainment establishments from
receiving an on -sale liquor license?
Member Hovland said the question on the ballot said hotel and restaurants and it may
need a closer definition of what that .means. Member Maetzold asked if the 60% food
requirement wouldn't be one determining factor. Member Kelly told there are a number of
establishments, such as the Loring Cafe and the Dakota Bar and Grill that would be
considered an adult "entertainment establishment ". It would be too bad if the ordinance
was so restrictive they were excluded.
QUESTION 11: Are the present standards for serving wine, including the requirement for licensed
wine managers, adequate for the service of intoxicating liquor?
Page 10
Minutes/Edina City Council/December 7,1998
Mayor Smith asked if the City could give a seal of approval to businesses that: 1) the
owners cooperate with the liquor training, 2) the owners take care of their staff, 3)
restaurant staff is well trained and 4) staff is not afraid to ask for licenses or identification
and 5) the owners/ management cooperates with the City during the licensing process.
ADDITIONAL COUNCIL COMMENTS: Member Faust asked if preset rules have been set
for revoking a license. Manager Hughes said a process of revocation has been discussed as
well as a process for suspension.
Member Hovland referred to Question #4 and asked, 1) how will fees be determined when
we have no experience, and 2) can fees be raised. Attorney Gilligan said there are no limit
on fees provided they do not exceed costs of inspection and enforcement. If it is
determined fees need to be raised, a public hearing must be held. Member Hovland asked
if the City wants to be in the on -sale business. Mayor Smith said he would rather not, but
he only has one vote. Member Faust asked for clarification at Braemar and Edinborough
Park. Mayor Smith said he would not like to see a bar at Braemar, but if there were a
private wedding reception that would be a policy issue. Council consensus was to
consider handling liquor both ways at this point in the process. Manager Hughes said he
was not sure this would require an ordinance change, but more like issuing a municipal
license under a section of the ordinance that already exists. Mayor Smith said when you
serve liquor in an establishment there are age restrictions and both Braemar and
Edinborough are part of the City's park system. Manager Hughes said a difference exists
where a party would be open to the public or a private reception.
Manager Hughes concluded the issue could be back on the Agenda January 4,1998.
Member Kelly felt the Park Board should be asked for their thoughts on the ordinance as
well as the staff at Braemar.
*RESOLUTION APPROVED AUTHORIZING EXECUTION OF AGREEMENT -
CRIME PREVENTION GRANT WITH STATE OF MINNESOTA Motion made by
Member Maetzold and seconded by Member Kelly approving the following resolution:
RESOLUTION AUTHORIZING
EXECUTION OF AGREEMENT
BE IT RESOLVED that the City of Edina Police Department enter into a
cooperative agreement with the Minnesota Department of Public Safety for the project
entitled COMMUNITY ORIENTED POLICING OVERTIME GRANTS PROGRAM
during the fiscal year from January 1, 1999, through December 31, 1999, and
WHEREAS, Police Chief William Bernhjelm is hereby authorized to execute such
agreements and amendments as necessary to implement the project on behalf of the
City of Edina Police Department.
Motion carried on rollcall vote - five ayes.
1999 PROPOSED FEES AND CHARGES DISCUSSED Finance Director Wallin
presented the proposed fees and charges to be adopted by ordinance and resolution.
Page 11
Minutes/Edina City Council/December 7,1998
Following a brief Council discussion the Council asked for the fees and charges to be
examined more closely and to be back before the Council at the December 21, 1998, regular
meeting.
CLAIMS PAID Motion made by Member Kelly approving payment of the following
claims as shown in detail on the Check Register dated December 2,1998, and consisting
of 39 pages: General Fund $235,262.65; C.D.B.G. $35.00; Communications $1,284.85;
Working Capital $9,671.71; Art Center $24,373.03; Golf Dome Fund $3,021.69; Swimming
Pool Fund $1,844.81; Golf Course Fund $29,200.90; Ice Arena Fund. $18,731.50;
Edinborough/Centennial Lakes $14,723.97; Utility Fun $57,890.64; Storm Sewer Utility
Fund $2,805.23; Liquor Dispensary Fund $372,697.60, Construction Fund $5,563.21; Park
Bond Fund $95,506.00; TOTAL $872,612.79; and for confirmation of payment of the
following claims as shown in detail on the Check Register dated December 4,1998, and
consisting of 2 pages: General Fund $440,630.03; Liquor Dispensary Fund $79,681.97;
Construction Fund $214.25; TOTAL $520,526.25. Member Hovland seconded the motion.
Rollcall:
Ayes: Faust, Hovland, Kelly, Maetzold, Smith
Motion carried.
There being no further business on the Council Agenda, Mayor Smith declared the
meeting adjourned at 8:50 P.M.
City Clerk
Page 12
MINUTES
OF THE SPECIAL MEETING OF THE
EDINA CITY COUNCIL HELD AT CITY HALL
ON DECEMBER 7,1998AT 5:00 P.M.
ROLLCALL Answering rollcall were Members Faust, Hovland, Kelly, Maetzold and
Mayor Smith.
TRUTH IN TAXATION PUBLIC HEARING HELD FOR PROPOSED 1999 CITY
BUDGET Pursuant to published notice given, the Edina City Council conducted a
public hearing on the proposed property tax increase in the 1999 Budget for the City of
Edina, as mandated by Chapter 375, Laws of Minnesota 1993.
Mayor Smith stated the purpose of the Truth in Taxation hearing would focus on the
proposed 1999 City of Edina Budget. The budget review relates to the monies' source
and how they are expended on the various functions and services of the City. Residents
with questions relating to the valuation placed on their homes should plan to appear at
the Board of Review in April of 1999. Mayor Smith added the Council would wait a
few minutes to allow citizens a chance to appear and speak.
Member Hovland asked how the tax extension rate is determined. Manager Hughes
explained the extension is really determined as a result of the truth in taxation hearing
and the budget adoption. The extension rate is the last thing in the process to be
determined. Once the City Council, Hennepin County, Edina School and the
Metropolitan Council all adopt their 1999 operating budgets, the rate can be calculated.
The combined budgets become the numerator and the total taxable value of the
community becomes the denominator. The result of the math is the extension rate.
Public Comment
Annette Scherer Robbins, 4234 Lynn Avenue, stated she thought the meeting was for
individuals concerned about taxes. Mayor Smith explained that in the spring a meeting
would be held where valuation could be discussed, however, the truth in taxation
meeting would only cover the 1999 Budget.
Mayor Smith acknowledged Representative Ron Erhardt and asked if he had any
comments. Rep. Erhardt replied he did not have any questions, that he was present to
listen.
Mayor Smith noting no one had appeared to speak, called for a motion to close the
hearing and adjourn the meeting.
Member Hovland made a motion closing the hearing and adjourning the meeting at
5:20 p.m. Member Faust seconded the motion.
Ayes: Faust, Hovland, Kelly, Maetzold, Smith
Meeting adjourned.
City Clerk
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REPORT /RECOMMENDATION
To: Mayor & City Council
From: Francis J. Hoffmanl ,
City Engineer
Date: 21 December, 1998
Subject: Public Hearing - W 77th St
from TH 100 to Parklawn Av
Improvement Nos. BA -318,
TS -25 & TS -26
Recommendation:
Agenda Item # n. A.
Consent ❑
Information Only ❑
Mgr. Recommends ❑ To HRA
® To Council
Action ❑ Motion
® Resolution
❑ Ordinance
❑ Discussion
(A) Authorize resolution for reconstruction of W. 77th Street with appropriate traffic
signals and. sidewalk.
(B) Authorize resolution for NO PARKING ANY TIME on street (currently exists).
(C) Condition the approvals upon a joint powers agreement with Bloomington to
construct the portion of W. 77th east of Parklawn to Johnson Drive.
Info /Background:
This is a public hearing for the reconstruction of W. 77th Street. This project has been
in the City's infrastructure plan for reconstruction. This street is also part of the
Integrated Corridor Transportation Management System (ICTM). Staff has attached a
brochure describing ICTM for informational purposes.
The proposed project would include the following type of work:
(A) Reconstruct W. 77th Street to provide two through lanes in each direction.
(B) Add a center fifth lane to provide a left turn area to merge into through lanes in mid -
block areas.
Report/Recommendation
Agenda Item II.A.
Page Two
(C) Adjust and repair sanitary sewer or water lines if needed, prior to street
reconstruction (Bloomington maintenance).
(D) Install two new traffic signal systems at Computer /77th and Parklawn /77th
intersections.
(E) Obtain additional right -of -way primarily along the north side to allow for installation
of a sidewalk.
A second project would be the expansion of W. 77th from Parklawn to Johnson Drive.
The City of Bloomington has preliminarily agreed to reconstruct our portion of W. 77th
extended as part of the Marketplace project on Johnson Drive. Both the Edina project
and Bloomington project have used the traffic analysis that assumes full development.
The proposed Edina project (BA -318 plus signals) has an estimated cost of
$1,184,389.68. The Bloomington portion has an estimated cost of $390,000.00.
The assessed portion of the project is approximately $328,000.00. The balance of the
project cost will be from state gas tax. The notice of public hearing and a graphic of the
proposed project is attached.
Staff would recommend these improvements for approval, subject to the conditions
listed in the recommendations.
Partners in Motion
494 Transportation Corridor
Imagine having to drive on I -494 between Bush Lake Road and 34th Avenue
during.rush.hour. -- - - -- - -
Congestion, delays, stop -and -go traffic, limited alternate routes...
These traffic problems are being tackled by city, county, state and federal officials, who
are working together on an innovative solution.
Managing traffic in -- as well as travel through -- the 494 transportation corridor is expected
to become easier because of the Integrated Corridor Traffic Management (ICTM) project, which
combines teamwork, resources, and technology to address congestion problems on I -494.
ICTM means benefits for you
Integrated
Corridor
Traffic
Management
(ICTM)
The ICTM project is designed to make travel safer, easier, and more consistent throughout the 494
transportation corridor for everyone: residents of the corridor, those employed in the corridor, and
those who travel in the corridor. The project will use existing traffic signals, ramp meters, local streets,
and freeways. Minor construction at some signals and ramps will occur.
With the help of ICTM technology, residents will be able to better use local streets for short trips,
bypassing I-494. Motorists will benefit from signal coordination and fewer red lights on local streets,
and safer travel and less congestion on I-494.
Motorists will be provided with up -to- the - minute information on how incidents, construction, and
maintenance activities are affecting traffic. With this information, they will be able to choose which
route to take - -local streets or the freeway. For example, if there is an incident on I -494, motorists will
be informed through message signs and traffic radio and will be able to take local streets to bypass the
incident.
ICTM technologies, or "smart" traffic systems, will adjust traffic signals on local streets and freeway
ramp meters, based on changing traffic conditions. This will mean fewer delays at ramp meters and
signals. Community needs and pedestrian safety will be considered with traffic signal timing.
A Minnesota Guidestar Project
Enhancements
The ICTM Project is looking at traffic congestion within this eight -mile corridor and making the city
streets and freeway work together, regardless of jurisdictional boundaries. Traffic signals and ramp
meters will be coordinated. Motorist information signs and surveillance equipment will be installed to
provide accurate, up -to -date information for everyone who drives in the 494 transportation corridor.
Teamwork
ICTM involves a unique partnership between city, county, state and federal units of government. The
cities of Bloomington, Richfield, and Edina; Hennepin County; Minnesota Department of
Transportation (Mn/DOT); and Federal Highway Administration (FHWA) have joined together to
deliver this improvement to the 494 transportation corridor. This partnership means more efficient use
of the current traffic system and public resources.
Project Time line
In the summer and fall of 1996, ICTM signal technology will be installed on city and county streets
that intersect or run parallel to I -494. In 1997, motorist information signs and surveillance equipment
will be installed. The project is expected to be completely operational by 1998.
The ICTM Project Area .
The IOMProject Area is an eight -mile long corridor that runs between Bush Lakd Road and 34th Avenue. Primary proj-
ect routes are marked in dark green while secondary routes are marked in light green. Dashed lines are proposed routes.
Linda Taylor (Mn/DOT)
ICTM Project Manager
(612) 582 -1461
For more information, call:
Jim McCarthy
Federal Highway Administration
(612) 290 -3259
Jerry Smrcka
Hennepin County
(612) 930 -2583
Lyle Berg Tom Foley Fran Hoffman
City of Bloomington City of Richfield City of Edina
(612) 948 -3914 (612) 861 -9791 (612) 927 -8861
(7196, .
EDINA
RICHFIELD
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W. 76th St.
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E. 77th St.
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The IOMProject Area is an eight -mile long corridor that runs between Bush Lakd Road and 34th Avenue. Primary proj-
ect routes are marked in dark green while secondary routes are marked in light green. Dashed lines are proposed routes.
Linda Taylor (Mn/DOT)
ICTM Project Manager
(612) 582 -1461
For more information, call:
Jim McCarthy
Federal Highway Administration
(612) 290 -3259
Jerry Smrcka
Hennepin County
(612) 930 -2583
Lyle Berg Tom Foley Fran Hoffman
City of Bloomington City of Richfield City of Edina
(612) 948 -3914 (612) 861 -9791 (612) 927 -8861
(7196, .
December 10, 1998 City Of Edina
NOTICE OF PUBLIC HEARING
IMPROVEMENT BA -318
Subject: Reconstruction W. 77th St.
Parklawn Avenue to TH 100
Dear Property Owner:
The Edina City Council will meet at the Edina City Hall, on Monday, December 21, 1998 at 7:00
PM to consider the following proposed improvements to be constructed under the authority
granted by Minnesota Statutes, Chapter 429. The approximate cost of said improvement is
estimated as set forth below:
Permanent Street Surfacing with
Concrete Curb and Gutter /Sidewalk
Improvement BA -318
Traffic Signals at Parklawn/W. 77th St.
& Computer/W. 77th St.
ImprovementsTS -25 & TS -26
Estimated Cost
$ 894,389.68
$ 290.000.00
Your receipt of this notice is an indication that property whose ownership is listed to you is
among those properties which are considered to be benefited by the improvement.
This proposed project is a transportation and pedestrian improvement and is consistent with the
overall development of Edina. The proposed work would include the following type of work:
(A) Reconstruct W. 77tI' Street to provide two through lanes in each direction.
(B) Add a center fifth lane to provide a left turn area for each intersection and safe area to
merge into through lanes.
(C) Adjust and repair sanitary sewer or water lines if needed, prior to street reconstruction.
(D) Install two new traffic signal systems along W. 77th Street. The two locations would be at
Computer Drive and Parklawn Avenue.
(E) Obtain additional right -of- -way primarily along the north side to allow for installation of a
sidewalk.
City Hall (612) 927 -8861
4801 WEST 50TH STREET FAX (612) 826 -0390
EDINA, MINNESOTA 55424 -1394 TDD (612) 826 -0379
Notice of Public Hearing - BA -318
December 10, 1998
Page Two
(F) The installation of sidewalks (north side) per our City Comprehensive Plan to improve
pedestrian access. The sidewalk would be funded by the gas tax fund if approved.
Therefore, the assessment rate is the same with or without the sidewalk.
The proposed project would be planned for construction in 1999. The proposed project will be
primarily funded from municipal state aid gas tax revenues with storm water and utility funds
paying for utility upgrades and repairs. A portion of the project will be specially assessed with
the assessment based on a front footage rate and a sideyard footage rate equal to 1/3 of the
front footage rate. These properties are proposed to be assessed at $45.00 per lineal front foot
of property abutting W. 77th Street and the costs are proposed to be assessed over a ten year
period.
The area proposed to be assessed for a portion of the cost of proposed improvements includes:
Registered Land Survey 1050: Tracts A, B, C, E and that part of Tract F lying NWIy of a line
running from a pt in W line of Tract F 10 4/10 ft N from SW cor thereof to a pt in NEIy line of
said Tract 3 86/100 ft NWIy from most Sly cor of Tract U also com at the NW cor of Tract G th S
to the SW cor thereof th E to a pt dis 58 ft W from SE cor thereof th N 300 ft th NWIy to beg ex
hwy.; Com at a pt in E line of Tract H dis 300 ft N from SE cor thof th W 281 19/100 ft th NWIy
to a pt in a line running from a pt in W line of Tract F dis 10 4/10 ft N from SW cor thof to a pt in
NEIy line of Tract F dis 3 86/100 ft NWIy from most Sly cor of Tract U dis 230 5/10 ft SWly along
said line from NEIy line of Tract F to NEIy along last desc line to NEIy line of Tract F th SEly
along NEIy line thof to W line of Tract V th S to beg ex hwy.; Registered Land Survey 1050:
Tract J, Tract K, N 229 6/10 ft of Tract L, N 229 6/10 ft of Tract M, Tract N and W Y2 of Tract O;
Registered Land Survey 1682: Tract B; Registered Land Survey 679, S 225 ft of E 380 ft of
Tract A ex hwy; Registered Land Survey 1050, Tract S ex hwy; Registered Land Survey 1218,
Tract A, .Tract B, Tract C, Tract D, Tract E, Tract F, Tract M, Tract P, Tract Q, Tract R, Tract S;
Lot 1, Blk 1, Edina Corporate Center; and Lot 1, Blk 1, Edina Office Center 3`d Addition.
We will be pleased to furnish you with any additional information you may require. Please
contact the engineering department at 826 -0445 between 8:00 AM and 4:30 PM Monday
through Friday should you have any questions regarding the proposed project.
Sincerely,
Francis .Hoffman, P.E.
Director of Public Works
and City Engineer
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REPORT /RECOMMENDATION
To:
Mayor & City Council
Agenda Item: 111. A.
From:
Craig Larsen
Consent ❑
City Planner
Information Only ❑
Date:
December 21, 1998
Mgr. Recommends ❑
To HRA
®
To Council
Subject:
Request Extension - Edina
Action ❑
Motion
Comprehensive Plan
®
Resolution
❑
Ordinance
❑
Discussion
Recommendation:
Adopt attached resolution requesting a six month extension of deadline to submit
updated Comprehensive Plan.
Information /Background
The due date for all Comprehensive plan updates is December 31, 1998. Our
plan will not be ready for submittal by the end of the year. Therefore, staff requests
the Council adopt a resolution which asks for a six month extension.
Attached to this cover is a draft Land Use Map graphic, and draft policies for the
Land use section of the plan. Staff intends to present a complete draft of this section to
the Planning Commission at the end of January. Also attached is an update on the
status of other major elements of the plan, as well as projected dates for consideration
by the Planning Commission.
Staff has discussed the proposed extension with Metropolitan Council staff. The
law requires that the Council complete its review of plans within 90 days of submission.
Due to the large number of plans they need to review, Council staff has requested that
we delay submission, so that they have adequate time to deal with the more
controversial plans in the rapidly growing areas.
RESOLUTION
RESOLUTION REQUESTING AN EXTENSION OF
THE DECEMBER 31, 1998, DUE DATE FOR
REVIEW OF THE CITY OF EDINA COMPREHENSIVE PLAN
FOR CONSISTENCY WITH AMENDED METROPOLITAN, COUNCIL POLICY PLANS
WHEREAS, state statutes (Minn. Stat. 473.175 - 473.871 (1996)) requires that cities review
and revise their comprehensive plans for consistency with Metropolitan Council policy
plans; and
WHEREAS, the Metropolitan Council has amended its policy plans; and has provided
system statements outlining Council policy relative to the city; and
WHEREAS, The City of Edina is required to review its comprehensive plan for consistency
with the amended policy plans and to prepare a revised comprehensive plan for
submission to the Metropolitan Council by December 31, 1998; and
WHEREAS, THE City of Edina has scheduled and budgeted to complete a major review
and update of its comprehensive plan by June 30, 1999.
NOW, THEREFORE, BE IT RESOLVED, that the City of Edina requests that the
Metropolitan Council grant the City of Edina a six (6) month extension to the deadline to
complete its comprehensive plan; circulate the revised document to the adjacent
governmental units and affected school districts for review and comment; and, following
approval by the planning commission and after consideration by the city council, submit
the plan to the Metropolitan Council for review.
ADOPTED this 21 s' day of December, 1998.
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 City Council Minutes is a true and correct copy of
the Resolution duly adopted by the Edina City Council at its regular meeting of
December 21, 1998, and as recorded in the Minutes of the said regular meeting.
WITNESS, my hand and seal of said City this 21 n day of December 1998.
Debra A. Mangen, City Clerk
LAND USE PLAN
GENERAL LAND USE: Goals, Objectives & Policies
Goal: Maintain and preserve the City's single family neighborhoods, while
supporting a diversity of land uses insuring the desirability of the City as a premier
community in which to live and work.
Objective: Establish a land use guide plan and regulations allowing for the
orderly development and redevelopment of lands within the City.
POLICIES:
Establish the following land use categories for the Land Use Map:
Single Dwelling Residential. This designation is limited to single dwelling detached
development. Specific lot area requirements will be determined by the Subdivision
Ordinance.
Low Density Attached Residential. This designation includes two unit dwellings,
townhouses, and other multiple dwelling buildings, containing no more than four dwelling
units per building or structure. This designation is intended to provide a variety of
housing types in close proximity to single dwelling residential areas and provide a
transition between singles dwelling neighborhoods and high volume roadways or more
intense uses. Single Dwellings should be considered to be compatible uses in such areas.
Medium Density Residential. This designation includes townhouses, apartments and
condominiums. Individual building should be limited in height to three stories. Medium
Density Residential developments should be buffered from single dwelling neighborhoods
by natural features, open space corridors, lower density uses, or extensive landscape
plantings.
High Density Residential. This designation is limited to multi -unit apartment and
condominium buildings. Developments should relatively close to transit, services,
employment centers, and should have access to collector or arterial roadways.
Density and height should be based on proximity to low density uses and level of transit
service.
Office. This designation includes business and professional offices, medical offices and
educational facilities. Retail commercial uses may be appropriate accessory uses in larger
buildings and developments.
Commercial. This designation includes the retail sale of goods and services activities in a
neighborhood, community or regional setting. Office uses are appropriate in these areas.
Commercial areas should have direct access to collector and arterial roadways.
Industrial. This designation includes warehousing, manufacturing, processing, research
and development activities. Office uses are permitted as principal and accessory uses in
industrial areas.
Mixed Use. This designation includes office, residential and commercial uses.
Horizontal and or vertical mixing of uses to achieve an integrated development is
anticipated by this designation.
Public. This designation includes parks and open space, public schools, public buildings
and other public lands.
Ouasi- Public: This designation includes churches, synagogues, temples, private schools,
private golf courses, and cemeteries.
OBJECTIVE: Protect and maintain the quality of single dwelling neighborhoods while
providing for life cycle housing choice for all residents.
RESIDENTIAL POLICIES:
Allow further subdivisions within existing single dwelling neighborhoods which
preserve the character and symmetry of the neighborhood, and meet the standards of the
Subdivision Ordinance.
Provide appropriate buffering between single dwelling neighborhoods and
incompatible uses. Buffering can include natural features, linear open space, topography,
rights of way, conservation restrictions, or other appropriate separations.
Periodically review Zoning Ordinance requirements for single dwelling
development to insure orderly development and redevelopment of neighborhoods.
Restrict the conversion of single dwellings to multi- dwelling or non - residential
uses.
Consider the redevelopment or conversion of single dwelling buildings to multi-
dwelling buildings in areas designated for low density multi - dwelling use.
Maintain a minimum lot size requirement for subdivisions. However, review
subdivision requests in light of the established lot sizes in the surrounding neighborhood.
Provide access to rehabilitation assistance to protect and preserve the quality of
housing stock of the city.
Seek opportunities to increase the supply of affordable housing as detailed in the
Housing Element.
Consider the elimination of tract size minimums for multi - dwelling and mixed use
developments to encourage more flexibility in development and redevelopment of sites
close to services and high frequency public transit.
Consider density bonuses for medium and high density residential developments
that incorporate affordable and modest cost dwelling units.
Encourage multi - dwelling redevelopment of sites near the edge of neighborhood
and community commercial areas as a transition to surrounding single dwelling
neighborhoods.
Continue to grant full density credit for lands dedicated to park and open space
use.
Encourage development and redevelopment of sites located along transit corridors
for multi - dwelling uses.
OBJECTIVE: Preserve the quality and integrity of Edina's office and industrial parks.
POLICIES:
Consider density bonuses for developments which include transit friendly features
and implement comprehensive Transportation Demand Management (TDM) plans.
Encouragement accessory retail uses within major developments as a method of
reducing trip generation.
Consider mixing residential use as a component of developments and
redevelopment projects to reduce trip generation, thus reducing traffic congestion and air
pollution.
Restrict the introduction of quasi - retail uses in industrial areas.
Continue to rely on state guidelines to set the threshold for preparation of
Environmental Assessments and Environmental Impact Statements for major
developments and redevelopments.
Require a traffic impact analysis for all major commercial development and
redevelopment proposals.
Continue to use the local Watershed District managers to enforce standard of the
National Urban Run -off Program (NURP) as it relates to new development and
redevelopment proposals.
Encourage the installation of commercial antennas and towers on existing
buildings. Consider inducements to encourage location of antennas and towers in office
and industrial areas which minimize visual impacts on residential neighborhoods.
OBJECTIVE: Re- enforce the function and vitality of neighborhood and community level
commercial areas.
POLICIES:
Use adopted commercial area plans to guide development and redevelopment
within the 44'h and France, 50'h and France, Valley View and Wooddale, Grandview
Heights, and 70'h and Cahill commercial areas.
Discourage the expansion of commercial uses beyond boundaries established
adopted plans.
Encourage the elimination of incompatible uses, especially industrial uses, in
commercial districts.
Encourage businesses sized to the functional character of each commercial area.
Provide appropriate buffering at the perimeter of commercial areas.
Work cooperatively with property owners to increase the supply of off - street
parking, and to improve traffic flow and circulation within and through commercial areas.
AREA CONSIDERATIONS (DIVIDES CITY INTO FOUR QUADRANTS,
CREATED BY INTERSECTION OF HIGHWAYS 169 AND 62)
POLICIES:
Northwest Edina
Continue to rely on the Grandview Area Redevelopment Plan to evaluate
development and redevelopment proposals in the Grandview commercial area.
Encourage redevelopment of obsolete, incompatible, and underutilized commercial
and industrial properties within the Grandview commercial area.
Limit commercial uses to areas contained within the Grandview Area
Redevelopment Plan.
Limit high density multi - dwelling development to the Grandview area.
Target home improvement assistance to areas north of Maloney Avenue.
Northeast Edina
Continue to rely on the 50t` and France Redevelopment Plan and Design
Framework to guide decisions on redevelopment proposals within the 5& and France
Commercial District.
Cooperate with the City of Minneapolis and Hennepin County on measures to
improve traffic flow and safety in the area.
Continue to monitor parking demand within the 50`h and France commercial area
relative to the amount of public parking available.
Use the adopted Redevelopment Plan for the 44h and France as a guide for land
use decisions with the plan area.
Use the adopted Redevelopment Plan for Valley View and Wooddale Commercial
Area as a guide for land use decisions within the plan area.
Discourage expansion of commercial uses beyond existing boundaries in all three
commercial districts.
Consider redevelopment of properties fronting on France Avenue for multi-
dwelling use which would be compatible with adjacent single dwelling neighborhoods.
Consider redevelopment of properties at the periphery of commercial areas for
multi - dwelling residential use.
Consider, on a case by case basis, the retro- fitting of existing single dwelling
buildings along France Avenue and Xerxes Avenue for multi- dwelling use. Rezoning
should be required for all such reuses.
Petition the state for sound relief measures along Highways 62 and 169.
Southwest Edina
Use the adopted 70`' and Cahill Redevelopment Plan to guide land use decisions
within the plan area.
Consider the severity of topograghy when evaluating subdivisions of single
dwelling properties.
Encourage a tenant mix in the 70'h and Cahill commercial area which caters to the
resident and business population of the neighborhood.
Consider redevelopment of sites fronting on West 78`h Street for redevelopment as
low to medium density residential use.
Allow low density attached residential development along the frontage of highways
169 and 62.
Southeast Edina
Restrict the expansion of commercial uses west of France Avenue and south of
Hazelton Road. Redevelopment of properties fronting on France Avenue should be
restricted to office or high density residential use.
Continue to develop Centennial Lakes pursuant to the approved master plan.
Pursue development of the Southeast Edina Transit system as a method to capture
intra -area trips and reduce peak hour traffic generation.
Work cooperatively with Metro Transit to improve transit service.
Require a traffic impact analysis of all developments and redevelopments which
result in a significant increase in peak hour trip generation.
Consider requiring a Traffic Demand Management (TDM) plan for major office -
industrial developments.
A.
yyo e t4
MEMORANDUM
i
CITY OF EDINA
DATE: December 17, 1998
TO: Craig Larsen, City Planner
FROM: Wayne Houle, Assistant City (,4
SUBJECT: Status of Engineering Aspects of the
Comprehensive Plan
The following is the updated schedule for our portions of the Comprehensive Plan:
Final Draft Planning Comm.
• Transportation: Mid - January Late February
• Sanitary Sewers System Early- January Late February
• Public Water System
• Surface Water
Please call me with any questions.
Thanks
Late January Late February
Late March /April May
s
1.
TO:
FROM:
SUBJECT:
DATE:
MEMORANDUM
Craig Larsen
Joyce Repya and Kris Aaker
Comprehensive Land Use Plan - Housing Element Status Report
December 16, 1998
You requested a status report on our progress in updating the Comprehensive Plan.
Our involvement in the update has been primarily focused on the Housing Element of the
plan. Upon review of the revised landuse map and demographic projections for the City
through year 2020, we have begun to establish the basis for housing trends for the future.
The changes in the landuse map affect all categories of landuse, and certainly impact
residential use. Demographics established and proposed indicate the number of people in
the city, household size, age of population, etc., and are indicators of the possible
demands on the housing stock. The revised landuse map and demographic trends set-the.
framework for establishing housing goals, policies, and objectives.
Areas of the current plan that are in the process of being updated are:
• Tabulation of units by type
• Ownership of type
• Rental market occupancies, cost,and affordability
• Age and condition of the housing stock, and
• Housing costs
We have completed an exterior building condition windshield survey which
identifies structural deficiencies of the single dwelling unit housing stock. All
neighborhoods were surveyed and all homes were reviewed with only those with
conditions cited included in the survey data. The survey has been compiled and it will
replace outdated material. We hope to use our survey as a model for future surveys and
hope to continue to survey the housing stock periodically to track the over -all condition of
residential properties and monitor properties identified with having condition deficiencies.
Two new sections to be added to the Housing Element include addressing the
Livable Communities. Act and Edina's strategy for complying with the Act, and information
regarding those residential properties zoned with a Heritage Preservation District overlay.
All of the updated information as well as the new sections will become the basis for
drafting the policies, goals, and objectives for the Housing Element.
Our timeline for producing a draft copy of the Housing Element section of the
Comprehensive Plan is as follows:
• Maps /graphics update - December 23, 1998
• Written draft including update of new sections, policies, goals and objectives,
January 19, 1999
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City of Edina
RESOLUTION
REQUESTING AN EXTENSION OF THE
DECEMBER 31,1998 DUE DATE FOR REVIEW
OF THE CITY OF EDINA' COMPREHENSIVE PLAN
FOR CONSISTENCY WITH-AMENDED-METROPOLITAN-
COUNCIL POLICY PLANS
WHEREAS, State Statutes (Minn. State_ 473.174- 473.87 (1996)) requires that cities
review and revise their comprehensive plans for consistency with Metropolitan Council
policy plans; and
WHEREAS, the Metropolitan Council has amended its policy plans; and has
provided system statements outlining Council policy relative to the city; and
WHEREAS, the City of Edina is required to review its comprehensive plan for
consistency with the amended policy plans and to prepare a revised comprehensive plan
for submission to the Metropolitan Council by December 31,1998; and
WHEREAS, the City of Edina has scheduled and budgeted to complete a major
review and update of its comprehensive plan by June 30,1999.
NOW, THEREFORE, BE IT RESOLVED, that the City of Edina requests that the
Metropolitan Council grant the City of Edina, a six (6) month extension to the deadline to
complete its comprehensive - plan; circulate the revised document to the adjacent
governmental units and affected school districts for review and comment; and, following
approval by the planning commission and after consideration by the City Council, submit
the plan to the Metropolitan Council for review.
Adopted this 21s' day of December, 1998.
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 December 21,
1998 and as recorded in the Minutes of said regular meeting.
WITNESS, my hand and seal of said City this 22nd day of December, l( 98'.
Debra A. Mangen, ti erk
City Hall
4801 WEST 50TH STREET
EDINA, MINNESOTA 55424 -1394
(612) 927 -8861
FAX (612) 826 -0390
TDD (612) 826 -0379
o e ��
t 'T 0)) REQUEST FOR PURCHASE
�_.__.490
TO: Mayor Smith and Members of the City Council
FROM: _ . John Keprios, Director of Parks and Recreation
VIA:
410.1 XON
DATE:
Gordon Hughes, City Manager
REQUEST FOR PURCHASE IN EXCESS OF $15,000
December 16, 1998
AGENDA ITEM I V. A.
.ITEM DESCRIPTION: 8 gas golf cars and 5 electric golf cars - Braemar Golf Course
Company Amount of Ouote or Bid
1. E -Z -GO Division of Textron, Inc. 1. $37,155.00
2.Pugleasa Company, Inc. 2. $39,100.00
RECOMMENDED QUOTE OR BID: Account #: 0027 -1340
E -Z -GO Division of Textron, Inc. $37,155.00
(includes 6.5% sales tax)
GENERAL INFORMATION:
This is for purchase of eight (8) 1998 E -Z -GO gas golf cars and five (5) 1998 E -Z -GO electric
operated golf cars including trade -in of six (6) 1993 E -Z -GO gas operated golf cars with tops and
five (5) 1993 E -Z -GO electric operated golf cars with tops. for Braemar Golf Course. The net
increase of two (2) gas operated golf cars is needed to further eliminate the reliance on leasing
golf cars to meet the demands for golf cars at Braemar Golf Course and Fred Richards Golf
Course. The net increase in golf cars must be gas operated simply because there are not enough
charging stations available to handle additional electric golf cars.
John Ke 5"s, Director
This Recommended bid is
within budget
Edina Park and Recreation
Department
not within bueleet. kCWWaflin. Finance Director
Gordon flu *es, City Manager
TO:
FROM:
VIA:
REQUEST FOR PURCHASE
Mayor & City Council
Francis Hoffman, Director of Public Works; ")
Gordon Hughes, City Manager
SUBJECT: REQUEST FOR PURCHASE IN EXCESS OF $15,000
DATE: 21 December, 1998 AGENDA ITEM N.B.
ITEM DESCRIPTION: Crushing of Recyclable Materials - Asphalt/Concrete
Company Amount of Quote or Bid
1. Pioneer Blacktop 1. $4.40/Ton
(Approx. 5,000 Tons)
2. Bury & Carlson 2. No Bid - Qty. Too Small
3. Carlson Tractor 3. No Bid
RECOMMENDED QUOTE OR BID:
Pioneer Blacktop
GENERAL INFORMATION:
$4.40/Ton
This bid was for crushing our annual stockpile of old concrete and asphalt generated by the Parks,
Streets and Utility Departments. Our quantity was fairly small this year due to the interruption of normal
work by the windstorms this past summer. ' Only one company was willing to bid. This purchase is
financed through the appropriate budgets in each department area. This is a 1999 project.
Sign '91u re
The Recommended Bid is
within budget
Public Works /Streets, Utilities & Parks
Departme t
not within budget J hn Wallin, Finance Director
Gordon Hughes, aity Manager.
It
S
REPORT/RECOMMENDATION
To: MAYOR AND COUNCIL
From: VINCE BONGAARTS
TRAFFIC SAFETY COORDINATOR
Date: DECEMBER 21,1998
Subject: TRAFFIC SAFETY STAFF
REVIEW - DECEMBER 8,1998
Agenda Item V.A.
Consent
Information Only ❑
Mgr. Recommends ❑
To HRA
®
To Council
❑
Motion
❑
Resolution
❑
Ordinance
❑
Discussion
RECOMMENDATION:
Approve Traffic Safety Staff Review of December 8, 1998.
TRAFFIC SAFETY STAFF REVIEW
TUESDAY, DECEMBER 8, 1998
The staff review of traffic safety matters occurred on December 8, 1998. Staff present
included the City Planner, Police Chief, City Engineer, Assistant City Engineer, the
Traffic Safety Coordinator and the Public Works Traffic Control Specialist.
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
December 21, 1998, Council Agenda.
SECTION A:
Requests on which the staff recommends approval.
None.
SECTION B:
Requests on which the staff recommends denial of request.
1. Request for "Stop" signs at W. 61 st Street. Requestor feels that the "Stop" signs
are needed to slow the traffic down on Oaklawn and bring awareness to possible
cross traffic on W. 61 st Street.
There are no sidewalks in this area.
The 85 percentile speed during evening rush hour radar surveys was 32 mph.
The daily average (Monday thru Friday) vehicle count is approximately 550
vehicles. However, this would probably be considerably higher during summer
months because of traffic to and from the Pamela Park parking lot at 60th and
Oaklawn. There are already "Stop" signs in place on Oaklawn at W. 60th Street.
There is a large pine tree on the southeast corner of W. 61St and Oaklawn that
might be considered a sight obstruction for vehicles westbound on W. 61St Street
approaching Oaklawn.
TRAFFIC SAFETY STAFF REVIEW
December 8, 1998
Page 2
There was very light traffic using W. 61St Street, estimated at less than 125 cars
per day. However, when a vehicle did come through from either the east or west
on W. 61 St Street, there was a tendency not to slow down for the intersection
whereas the vehicles on Oaklawn appeared to be more aware of the
intersection.
The accident history indicates some right angle accidents at this intersection
indicating a need to determine right -of -way.
The staff recommends the installation of "Yield" signs for. W. 61 st at Oaklawn
rather than "Stop" signs on Oaklawn at W. 61St Street. The requestor upon being
re- contacted concurred with the staffs recommendation.
2. A request for "Stop" signs on W. 62 "d Street at Brookview Avenue. The
requestor feels that the "Stop" signs are necessary to slow down the heavy traffic
on W. 62nd Street and make it easier for children and other pedestrians to use
and cross W. 62nd Street in order to access Pamela Park. The requestor is also
working on a petition for sidewalks for W. 62nd Street.
W. 62nd Street in this area is a collector, connecting France Avenue with Valley
View Road. There is a daily average (Monday thru Friday) of 2400 vehicles
using W. 62nd Street. There are no sidewalks in this area. There is a south
entrance to Pamela Park just east of Brookview Avenue on W. 62nd Street.
There already are "Stop" signs in place for Brookview Avenue at W. 62nd Street.
There is an estimated daily average (Monday thru Friday) of 300 vehicles
entering this intersection from Brookview, the majority coming from the south.
Radar surveys showed an 85 percentile speed of 38 mph in the flat area
between France and Brookview. Radar survey done for W. 62 "d Street at the
Brookview intersection showed an 85 percentile speed of 36 mph.
The area along W. 62nd Street has very few, if any, sight obstructions. The
intersections at Halifax, Peacedale, and Brookview appeared to present no
problems for vehicles exiting on to W. 62nd Street.
There is no accident history for the intersection of Brookview and W. 62nd Street.
Sidewalks from France Avenue to Valley View Road would go a long way in
providing some measure of safety for pedestrians along the busy street.
After discussion the staff feels that there are no warrants for "Stop" signs on W.
62nd Street at Brookview and that "Stop" signs at this location would do nothing
to enhance the safety of pedestrians. What is needed is sidewalks and the
TRAFFIC SAFETY STAFF REVIEW
December 8, 1998
Page 3
requestor agrees. The requestor will be working on getting a petition for
sidewalks. The staff does recommend more use of the traffic speed monitor in
this area and increased Police enforcement.
3. A request for a "Stop" sign eastbound on W. 58th Street at Oaklawn. The
requestor feels the sign is needed to slow traffic prior to going down the steep hill
east of Oaklawn. The requestor has concern for the four homes on the north_
side of W. 50 Street that are located on that hill. The requestor says that it is
very hard and dangerous to back out of their driveways at times because of cars
coming down the hill without paying attention to their speed, etc.
W. 58t" Street eastbound from Wooddale is an uphill grade to Oaklawn where it
crests and then makes a rather steep drop to Brookview Avenue. On the north
side of this steep hill are four homes with driveways entering W. 58th Street.
W. 58th Street and Oaklawn is a 'T' type intersection with Oaklawn going south
from W. 58th Street. There is a "Stop" sign in place for Oaklawn Avenue at W.
58th Street. There is also a hill advisory sign for eastbound W. 58th Street
vehicles, located just west of Oaklawn.
There are no sidewalks along W. 58th Street. W. 58th Street is a collector street
with a daily average of 2500 vehicles. There is an 85 percentile speed of 37 mph
on this hill. This'area has no accident history. This hill is just west of the "Stop"
signs at W. 58th Street and Philbrook that were approved by the City Council in
October, 1998.
This request was generated by the installation of those "Stop" signs. The
requestor who signed the original petition for some "Stop" signs along W. 58th
Street felt that Philbrook wasn't a good location for "Stop" signs. He feels there
is a greater justification for on eastbound on W. 58th at Oaklawn.
The staff after discussion, recommends denial of the request for lack of warrants.
4. A request for "Stop" signs at the intersection of Gilford Drive and Kellogg
Avenue. The requestor is concerned that the speed and volume of traffic at this
location could be a danger to the many children in the area.
The intersection has no accident history. There are no sidewalks in this area.
Observations made during rush hour traffic showed an 85 percentile of 33 mph.
There is an estimated Monday thru Friday daily average of 950 vehicles using_
this intersection.
TRAFFIC SAFETY STAFF REVIEW
December 8, 1998
Page 4 -
The intersection is a 'T' type with Kellogg Avenue ending at Gilford Drive. This
intersection is part of a minor collector route connecting parts.of the southern
most residential area east of Highway 100 with routes to W. 70th Street/Cornelia
and W. 72nd Street and France Avenue. The intersection has no sight
obstructions and during observations, vehicles were slowing on their approach to
the intersection.
One possible.negative aspect. of this intersection is that there is no street light.
After dark, the intersection gets pretty dark but this doesn't seem to negatively
affect.the traffic. The requestor was. advised to consider petitioning for a street
light at this intersection.
The staff upon review, recommends denial of the "Stop" signs for lack of
warrants. This area is included as part of the City's comprehensive plan for
sidewalks.
5. ,Request for "Stop" signs on West Woodland Road at St. Johns /Fairfax Avenue.
The requestor feels the signs are needed to control the speed and volume of
traffic on West Woodland Road. The requestor also feels it is somewhat of a
blind intersection..
West Woodland Road is two blocks long and runs from Wooddale to Concord
Avenue. In the middle it intersects with St. Johns to the north and Fairfax to the
south. West Woodland Road has no sidewalks and no parking; restrictions.
West Woodland Road is a wide street with no sight limitations. There are no
hidden entrances the entire two blocks. The intersection with St. Johns /Fairfax
Avenue has no obstructions in any direction. Fairfax enters West Woodland at
an angle but it is not obstructed.
There is a daily Monday thru Friday average of 450 vehicles on West Woodland
Road and 120 on Fairfax/St. Johns.
Radar surveys showed .an-85 percentile of 34 mph. Very rarely was there more
than one car on the two block stretch of West Woodland Road at any time during
the rush hour observations and radar surveys. During the rush hour
observations there was very little traffic entering West Woodland Road from
either Fairfax or St. Johns. Example: On 11/20/98, a Friday, between 3:45 PM
and 6:00 PM,. there were only 10 vehicles that entered West Woodland from
Fairfax or St. Johns.
Accident history shows one minor property damage accident with no injuries
occurring on 6/2/94 at 7:13 PM.
TRAFFIC SAFETY STAFF REVIEW
December 8, 1998
Page 5
Staff recommends denial of "Stop", for lack of warrants.
Attached to this report is a diagram of the "Stop" signs already in place for this
area. The staff feels there is no traffic problems in this,St. Johns 'corridor' that
require any more signing.. St. Johns itself is a very lightly traveled road with very
little accident history. Since.the last request for "Stop" signs at West Woodland
and_St._Johns in November,.1- 994,_there.has been no.accidents,. the-speed _has_._
not increased, and the volume of traffic for West Woodland Road on a Monday-,
thru Friday_ average has actually decreased from 550 to 450 vehicles.
6. A request to establish a 20 mph school speed.zone on Cornelia Drive between
W. 70th Street and W. 72nd Street. The requestor is a representative of the
Cornelia School site committee.
The staff feels that this.request should come from the School District indicating
their desires regarding establishing school speed zones.
The requestor was notified as to the staff feelings on this matter and indicated
that she would discuss it with Cornelia School Principal.
There was also a request to reinstall the flashing yellow warning lights that used
to exist on W. 70th. Street. at Cornelia. Requestor was advised that these were
replaced by the traffic signals at W. 70th Street and Cornelia and would not be
reinstalled.
7. Request for restricted parking on Normandale `frontage road from W. 70th Street
south to Larkspur Lane.
The requestor felt there was a problem with heavy parking generated by the
Christ Presbyterian Church traffic.
Observations by the Police Department indicated. minimal parking in this area
with .no indication of any problems created by that parking. It is further felt that
once the parking lot construction is completed there will be little to no parking on
the frontage road.
The staff recommends denial of the request for restricted parking.
SECTION C:
Requests which are deferred to a later date or referred to others.
None.
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I
REPORT/RECOMMENDATION
To: Mayor & City Council
Agenda Item V.B.
From: Debra Mangen
Consent El
City Clerk
Information Only E
Date: December 21, 1998
Mgr. Recommends F-1
To HRA
®
To Council
Subject: Romano's Macaroni Grill
Action ®
Motion
New Wine and 3.2 Beer
Licenses
Resolution
FJ
Ordinance
R
Discussion
Recommendation:
Motion approving issuance of on -sale Wine and 3.2 Beer licenses to Chili's of
Minnesota, Inc. d.b.a. Romano's Macaroni Grill located at 7651 France Avenue.
Info /Background:
.City Code Section 900 requires Council approval of wine and beer licenses before
issuance. The Police Department has completed their investigation and recommends
the applicant, Chili's of Minnesota, Inc., d.b.a. Romano's Macaroni Grill, located at 7651
France Avenue for approval. Attached is Chief Bernhjelm's memo stating the findings of
the background investigation. The applicant has filed all necessary documentation for
liquor licenses. The licenses are placed on the agenda for consideration by the Council.
interoffice
M E M O R A N D U M
to: Gordon Hughes
from: Wham Bernhjelm
subject: ON -SALE WINE LICENSE
date: December 16, 1998
The on -sale wine and 3.2 beer license application of the below listed establishment has been
investigated in accordance with applicable statutes and ordinances:
Chili's of Minnesota, Inc.
d/b /a Romano's Macaroni Grill
7651 France Avenue
Edina, MN 55435
The findings of this investigation do not reveal information that is contrary to the public interest
for the purpose of licensing.
William C. Bernhjelm
Chief of Police
i'
e vo REPORURECOM MEN DATION
ONE 4U
N .SEO
\�bR�BRA
To: Mayor & City Council Agenda Item # y.c.
From: Francis J. Hoffman Consent ❑
City Engineer Information Only ❑
Date: 21 December, 1998 Mgr. Recommends ❑ To HRA
® To Council
Subject: Water Quality Project Action ® Motion
Pamela Lake and Park Area ❑ Resolution
❑ Ordinance
❑ Discussion
Recommendation:
Set hearing date of January 19th, 1999 for Pamela Lake /Park water quality / restoration
project.
Info /Background:
For the past two years, staff has been working with neighbors and members of
Minnehaha Creek Watershed District about development of a water quality project in
the Pamela Park / Lake area. Approximately 700 acres drain into the park at four major
points. This stormwater then travels to Minnehaha Creek. The Watershed District and
staff have discussed a joint venture project where some additional ponding . and
restoration activities occur which improves water quality prior to entering the creek.
Staff has worked also with the neighbors, the Department of Natural Resources, and
Corps of Engineers about what could be done to Pamela Lake and adjacent wetlands.
Staff has attached a neighborhood letter and colored map requesting action on Pamela
Lake. Also attached is a 1960's aerial photo depicting the wetlands that existed and a
graphic showing some proposed improvements.
Staff recommendation is to hold a public hearing of all property owners around the
Pamela Park area on the same evening which a Minnehaha Creek Watershed Board
Member plans to speak to City Council, January 19th, 1999.
The staff will make a short presentation at this meeting along with the neighbors to brief
the City Council on the history of the issue.
PAMELA LAKE, `ASSOCIATION
A Coalition of Concerned Edina Citizens
Paul Schoenecker
President
Patrick Fitzpatrick
Vice President
Duane Bakken
Vice President
John Fassbender
Treasurer
Scott Armstrong
Secretary
Mr. Fran Hoffman
City Engineer
Department of Public Works and City Engineering
City of Edina
4801 West 50th Street
Edina, MN 55424
December 14, 1998
Dear Mr. Hoffman:
I have been directed by a unanimous resolution of the Officers of the Pamela Lake Association to
communicate our very strong support for the proposed water quality and capacity improvement plans for the
Minneahaha Creek area in Edina, including Pamela Lake.
We appreciate your receptiveness to our Association's input over the past years in developing a Water
Quality and Capacity restoration plan for Pamela Lake and the surrounding area. As you know from the
many meetings and discussions we have participated in over the past years, our concerns primarily surround
the dramatic deterioration of the Pamela Lake Area.
Many of the members of our Association have lived on Pamela Lake since the 1960's and 1970's; I have
personally resided on the lake since 1970. In the 1970's, the lake was deep with quality water; it and the
surrounding area was replete with fish, turtles, muskrats, beavers, pheasant, fox, ducks, and geese. The lake
also supported healthy aquatic vegetation. After long deterioration, Pamela Lake has been deprived of its
natural vitality and character. While ducks, geese, and turtles can be found in it today, the lake has lost many
of its natural inhabitants. In addition, the loss of adequate water depth has contributed to the overgrowth of
undesirable weeds, including, but not limited to, purple loose strife (which needs to be removed as well).
Over the years, consistent storm sewer runoff and other erosion has brought the lake to a critical life stage.
Today, the lake is dangerously shallow, and the water quality is very poor. It is shallow throughout, and in
many places it is only inches deep. Areas I personally recall in the past being four and six feet deep are now
only 18 inches or less; many areas are so shallow that land protrudes through the ice in the winter.
6024 Halifax Avenue, Edina MN 55424 Phone: 612 - 926 -0821 Fax: 612- 926 -1362
The proposal which has been developed by Barr Engineering in conjunction with the City of Edina's
Engineering Department, accomplishes our primary objectives. It deepens areas of the pond to increase
aquatic wildlife while leaving many areas untouched for surface wildlife to prosper. It removes decades of
runoff residue, improving both water quality and capacity- -in short, it substantially restores the lake to a
condition of quality similar to it's natural, historic vitality.
We unanimously request and urge approval of the proposal and its implementation post haste. We are willing,
and intend, to be involved in the process until completion. Please advise us of any assistance we might
provide.
Cordial
P J
Pr esident
Pamela Lake Association
6024 Halifax Avenue, Edina MN 55424 Phone: 612 - 926 -0821 Fax: 612 - 926 -1362
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9
144
REPORT /RECOMMENDATION
To: Mayor & City Council Agenda Item # V.D.
From: rancis J. Hoffman, Dir. Of Consent ❑
Public Works & Eric Anderson, Asst. City Mgr. Information Only ❑
Date: 21 December, 1998 Mgr. Recommends ❑ To HRA
® To Council
Subject: Year 2000 Status Update Action ® Motion
and Contingency Planning ❑ Resolution
❑ Ordinance
❑ Discussion
Recommendation:
Authorize expenditure of funds for generator equipment and hook -ups for various City buildings
and utility systems.
Info /Background:
As staff is developing its contingency plans, we have been analyzing our needs for generators
and heating ability should we lose power or heat during the "Y2K" New Year's Day issue. We
have worked diligently with NSP to be assured that power will not be disrupted. Staff has
attached NSP's latest information.
Public Works /Park Maintenance have been meeting to review power needs with water and
sewer systems being top priority.
In working with vendors, we have determined that the City needs to make commitments to
generator vendors very soon to be assured of equipment if we would need generator
equipment. Early estimates of cost for rental of generators will be approximately $40,000.00 to
provide basic service levels to the residents. Property owners in the City are very concerned
about our ability to provide service. The only way to assure our citizens that the service will be
provided is to have standby generator systems set up to activate if we would lose power to our
wells and sewage lift stations.
The cost split for utilities and other needs are approximately $30,000 and $10,000 respectively.
Funds for these expenditures would be from the utilities Department and general operating
contingency funds.
Staff would recommend authorization of this expenditure to provide adequate backup power if
there are failures in either electrical or gas systems.
,4
Memo
To:
Mayor Smith and Council Members
From:
Eric Anderson
CC:
Gordon Hughes
Date:
December 18,1998
Re:
Year 2000 Status Update
This memo will give a brief status update on the City's year 2000 (Y2K) compliance program. Staff
has established three areas to analyze: software, hardware(computers), and firmware(equipment with
embedded computer chips). With each of these groups we are following a four step process of
evaluation: inventory, assessment, testing and conversion (where necessary).
The_ software and hardware group are close to completion of the assessment stage. We are receiving
letters from vendors regarding the compliance of their software products. City Hall computers have
been tested and upgraded where necessary. Offsite facilities will begin their hardware testing at the
beginning of 1999. All major software products have been tested and found compliant. This includes:
police/fire dispatch and records management, the financial system, the payroll system, and the property
data system.
The most difficult area to evaluate is the firmware group. This. is equipment that has an embedded
computer chip in it. This type of equipment may or may not be sensitive to a date change. Areas that
are being reviewed include: fire and life safety equipment, all vehicles, HVAC equipment, security
systems, traffic signals and office equipment. Many of these types of equipment can not be tested by
us, so we rely on our vendors to provide us information as to its year 2000 compliance. To date, we
have not run into any critical areas that will be impacted by the year 2000.
Two other areas have emerged as being an important part of our year 2000 plan - contingency
planning and public information. Public works, parks, police and fire are establishing contingency plans
in the event that NSP and Minnegasco cannot provide us power and heat. An informational memo is
attached describing some of these issues. We are also establishing contingency plans in the event
certain critical equipment does not operate.
Our public information component is becoming very time consuming. We are receiving an increasing
number of calls and surveys each week from businesses and residents concerned about the City's
status with Y21K. The largest concern addressed has been whether or not the City will be able to
provide water and sewer service on 1/1/2000. We have posted our year 2000 program status on our
website and will be providing some informational articles in the About Town in 1999.
• Page 1
re lability- electric
V4o.. j 10
. . Page 1 of 5
Year 2000 Readiness Disclosure
NSP Electric Reliability
Y2K Transition Preparation
November 16, 1998
We intend to be prepared
No one in the world has first -hand experience with what happens to microprocessors and software
when transitionin; to a new century, this is new to all of us. Although no one knows exactly what to
expect, NSP will be prepared.
To meet the year 2000 transition well in advance, we have dedicated more than 200 employees -
experts in their fields - to teams throughout our company to evaluate, fix, and test our software and
embedded automation equipment. In addition, NSP has hired expert consultants to work with us. We
are striving to continue delivery of reliable service to our customers.
About this document -
The following questions and answers address how the transition to the year 2000 may affect your
energy supplies. It's important that NSP inform customers about its Y2K efforts so that they will
understand the plan to deliver reliable energy with minimal, if any, disruption.
How important is this Y2K project?
Is there a risk that I'll lose electric power as the calendar turns to the
year 2000?
What is NSP doing to make sure I don't lose power due to Y2K
problems?
Will NSP have special operating plans for New Year's Eve of '1999?
Why don't you disconnect NSP from other utilities to reduce the risk
of ontages?
facilit0yorkplace?
Thursday, December. 17, 1998 1 7:37 AM
reilability - electric
How important is this Y2K project?
Page 2 of 5
Our primary goal is to provide our customers with reliable sources of energy. So
although the likelihood of an interruption is minimal, we must make sure we are
prepared to transition smoothly into the year 2000. We have been working on this since
1996. Our plans are to have most of our critical systems Y2K ready by the end of the
first quarter of 1999. This will allow time for additional testing; integrated testing and
implementing backup plans.
0
Is there a risk that I'll lose electric power as the calendar turns to the year 2000?
On any given day, there is a risk of an outage for a variety of reasons; storms, equipment
malfunction and accidental damage to equipment. Although we do depend on
microprocessors to help us monitor and operate our generating plants, power lines and
substations, large portions of our systems operate using highly reliable technology not
dependent on microprocessors. However, it is important for us to locate and replace or
re- program devices that could malfunction due to date logic that cannot handle the
zero -zero in the date field.
Our year 2000 goal is to reduce the probability of power disruptions due to Y2K so that
it is no greater when compared to the transition into any other new year,
What is NSP doing to make sure Y don't lose power due to Y2K problems?
We're working hard at all levels of the company. We have teams of people focused on
assessing, testing, and fixing equipment and software to reduce the probability of a
service interruption. Major areas of focus include; component level assessments,
component level testing and integrated level testing.
Our Power Plants will be competently staffed and ready. Much of the equipment
in our generating plants has little dependence on microprocessors. In the case of
Sherco 3, our newest and most highly automated plant, we are working to bring
this plant to Y2K readiness. in addition to our major plants, we have a number of
smaller peaking plants which can be brought into service quickly if necessary. The
Nuclear Regulatory Commission is assisting utilities by providing best practices
and thorough reviews of efforts to ready nuclear plants.
Major transmission lines carry electricity from the power plants to substations.
The substation protection and control equipment is predominately
electro- mechanical or solid -state in design. In fact, only about one -fourth of our
transmission system relies on microprocessors for operation. This means the
major 345 - Kilovolt transmission lines surrounding the Twin Cities have little Y2K
vulnerability. Our test results so tar have indicatcd no Y2K problems.
Transmission system protective devices are generally linked together by telephone
lines. But even if those phone lines fail, we have a redundant communications
system. The loss of phone communications would make it more difficult, but not
Thursday, December 17, 1998
7:37 AM
Coo WI ism 922V699M YVd WOO 17E.L 86 /Li /Zi
reilability- electric
impossible, to continue operating our major transmission system.
Page 3 of 5
Approximately 350 of our electric substations are monitored continually by the
operators in our system control center. Our automated energy management
system provides the data and information from these substations to the control
center. Because of the reliance of these facilities on automation, we are paying
special attention to their assessment and testing.
Distribution substations and local distribution lines -Most of our
distribution -level control and protective devices arc electro- mechanical. They do
not contain microprocessors. Testing of those protective devices having
microprocessors have shown no .Y2K issues..
Switchgestr, Capacitor Bank Controls, Transformer Tap Changer Controls
We have contacted our vendors, .who have assured. us this equipment is Y2K
ready. We intend to do our own assessment as well and should be finished by the
summer of 1999.
Will NSF have special operating plans for New Year's Eve of 1999?
Yes. We're being very thorough in all of our Y2K efforts, and that includes preparing
for the unexpected. And, because the nation's electric transmission systems are
interconnected, it's possible that a problem within a neighboring utility's equipment
could cause NSP problems.
Although we do not expect to have problems, we will be prepared. We are working on
comprehensive contingency plans. We are evaluating the various services to our
customers, and will solicit electric use forecasts from our largest customers to determine
if the demand for electricity will be higher or lower than a normal transition to a new
year. These forecasts will be one component of our scheduling processes to ensure that
we have a sufficient supply of power from our plants..We are also creating tactical plans
or "roadmaps" to follow in the event something unexpected occurs`; Here are additional
options;
• Deploying teams of employees to critical substations. if needed, they would be able to operate
equipment manually or provide status verification if automated operations or monitoring
systems fail.
• Suspending construction work to place our distribution system in as ''normal" a mode as
possible. This would create maximum redundancy and 'flexibility to react to whatever is
affecting the reliability.of electric delivery to you.
• Focusing on self- sufficiency and. assurning that we cannot rely on other utilities to supply
back -up power.
•. Evaluating, along with the entire MAPP region, a temporary suspension of wholesale power
purchases and sales that are unnecessary for reliability but solely cost driven. We want to be
able to maintain electric delivery even if we take malfunctioning equipment out of service.
0
Thursday, December 17, 1998
7:37 AM
tAAM ism 929MM9 YU os =8o an 96 /LT /ZT
1
reilability- electric Page 4 of 5
Why don't you disconnect NSP from other utilities to reduce the risk of outages?
Being interconnected provides the additional security of having redundant sources.
Customers almost never lose power when a power plant unexpectedly stops operating.
Through the interconnected transmission system, hundreds of plants around the country
help pick up the load until the host utility can secure another supply`. This safety net is a
valuable tool to help NSP keep your power on. We advocate that systems stay
interconnected, but we will be prepared to operate independently if conditions warrant.
How are U.S. utilities working together to plan for Y2K?
The Electric rower Research Institute (EPRI), of which NSP is a member, is
providing, for a'fee, an information clearinghouse. Participating utilities have access to
EPRI's web site and can attend conferences to learn what commonly used electric
equipment has been tested, by whom, and the results. NSP is actively participating by
sharing information and learning from other utilities. EPRI hosts periodic workshops
where utilities share information and ideas, and learn from each other's experiences in
Y2K discovery, assessment and testing.
Utilities are also working within the umbrella of the North American Electric
Reliability Council (NERC) to share critical information and reach consensus about
strategies to minimize the risk of power outages.
What can T do to help provide continual electric service for my facility /workplace?
• If you are a commercial or industrial customer who owns and maintains electric distribution
equipment, you should have it assessed for Y2K readiness.
• Check your backup equipment. If you have a battery backup system or generator, have it
maintained and tested.
• Create your own Y2K operating plans.
• Watch for updates from NSP. As we continue to work and learn, we'll update our information
and assessments.
• Check the NERC wcbsitc at www.nerc.com for information.
• Ask your NSP sales representative for periodic updates.
• Check our website at www.nspcq. com for Y2K information.
Please know that we take very seriously our responsibility to provide electric service for our
customers. We are working hard to provide safe reliable service to you into the next
millennium.
4
Thursday, December 17, 1998
7:37 AM
GOO M dsm 922MM9 M 09:90 f1E.L 96 /1T /ZT
lik
REPORT /RECOMMENDATION
To: Mayor & City Council Agenda Item # y. E.
From: Francis J. Hoffman —
.4 Consent
City Engineer Information Only ❑
Date: December 21, 1998' Mgr. Recommends ❑ To HRA
❑ To Council
Subject: Hennepin County Electronic Action ❑ Motion
Proprietary Data Base (EPDP) Conditional ® Resolution
Use License Agreement and Resolution ❑ Ordinance
I-1 Discussion
Recommendation:
Approve Hennepin County's Conditional Use License Agreetment for electronic
geographical digitized data base and Resolution. Authorize Mayor and Manager to sign
Agreement.
Info /Background:
This agreement is the yearly renewal of the agreement and resolution that was passed
by Council on June 15, 1998. The Conditional Use License Agreement is the standard
document Hennepin County asks governmental entities to sign when the County
provides the entity with an electronic gographical digitized data base (computerized
mapping information) of the City. The agreement is to protect the County's proprietary
interest and removes the restriction on the City's use and /or distribution of hardcopies
made from the County data.
RESOLUTION AUTHORIZING EXECUTION AND City OfCi1I1a
DELIVERY OF CONDITIONAL USE AGREEMENT WITH
HENNEPIN COUNTY
BE IT RESOLVED by the City Council of the City of Edina, Minnesota (the "City ") as follows:
Section 1. Recitals. Hennepin County (the "County ") has developed an Electronic Proprietary
Data Base (EPDB) (the "Data Base "), which the City desires to utilize. There has, been prepared and
presented to the City a Conditional Use License Agreement (the "Agreement') between the City and
County, pursuant to which the County grants the City a limited license to use the Data Base as
provided in the Agreement and the City agrees to pay a fee for the use of the Data Base.
Section 2. Approvals. The form of the Agreement is hereby approved, and the Mayor and
City Manager are authorized to enter into the Agreement on behalf of the City in substantially the
form presented to the City with such changes or modifications thereto as do not change the
substance of the Agreement and are approved by the Mayor and City Manager, such approval to be
conclusively presumed by the execution and delivery of the Agreement by the Mayor and City
Manager.
Dated: December 21, 1998
Mayor
ATTEST:
City Clerk
STATE OF MINNESOTA)
COUNTY OF HENNEPIN)SS
CITY OF EDINA )
CERTIFICATE OF CITY CLERK
I, the undersigned duly appointed and acting City Clerk for the City of Edina do hereby certify that the
attached and foregoing Resolution was duly adopted by the Edina City Council at its Regular Meeting
of December 21, 1998, and as recorded in the Minutes of said Regular Meeting.
WITNESS my hand and seal of said City this 22 "d day of December, 1998.
City Clerk
City Hall (612) 927 -8861
4801 WEST 50TH STREET FAX (612) 826 -0390
EDINA, MINNESOTA 55424 -1394 TDD (612) 826 -0379
H
5.4 I REPORURECOMMEN'DATION
To: Mayor & City Council
From: Francis J. Hoffman-)OdW
City Engineer U
Date: 0 21 December, 1998
Subject: Minnehaha Creek
Watershed District
Manager Appointments
Recommendation:
Agenda Item # v.F.
Consent ❑
Information Only ❑
Mgr. Recommends ❑ To HRA
® To Council
Action ❑ Motion
❑ Resolution
❑ Ordinance
® Discussion
Council resolution endorsing candidates for appointment to the Minnehaha Creek
Watershed District.
Info /Background:
Minnehaha Creek Watershed District has two ' manager openings on March 1, 1999.
Given the past issues with the district, staff would recommend Council submit three
names for appointment.
Staff has attached an agenda and a sample resolution for endorsement plus the
statutory'language for appointment of managers. Council would need to act on this on
December 21St or the last meeting of the year. Some contacts have been made and
staff is awaiting responses.
DEC -18 -98 FRI 10;59 AM DEEPHAVEN CITY.HALL FAX N0. 16124741274 P. 02
� G
CITY OF DEEPHAVEN
1ZF.SOLUTION NO. 43-98
FND(.)RSING CANDIDATES FO TAPPOI DISTRICT THE
MINNF.IIAHA CREEK WA
+ the Uee haven City Council has worked cooperatively with the Minnehaha Creek
Wlil +,ItCAS, Deep
haven
District on stotmwater management issues,
•nnesoia Watershed law provides that municipalities within 3 oard at managers of
inate persons to serve, on Wtlf 12FA5� the Mt
in the metropolitan area am n which the County Board of Commissioners shall appoint
the watershed district
the manager,;*, and at
W 11F,lt1:A�, M►
district
nnesotn Statutes, Section 103D.311, Subd. 3 provides th by one or
watershed
of the
tanagers are to be selected Irortz a list of persons nominated
cities and towns affected: and
es Scott Thomas of Minnetrista, Warren McNeil t o the st Wardship of Lake
W I1LRf AS, Charles to protect and improve
[Zascop o(- Shorewood have stated that they well comtnikmg p WO
Minnetonka and other watershed district waters by and
water quality through wise water
4� haven
' ILRr.I�nRE,13C IT RESOLVED that the City Council of the City of Deep
haven
O W' TI - - appointment to the Minnehaha Creek Watershed District uan���a to e
endorses these candidates lot Pp ointments from the ranked list below, giving
('aunty Board of ETennepin to make app
Minnesota
. rerresen
ration o1 -the various hydrological areas within the District as required y
Statutes, Section 103D, Subd. 3(c):
1 • Charles Scott * Thomas, Minnetrista
2. Warren McNeil, Deephaven
' 3- Robert Rascop, Shorewood
' f the City of Uecphaven, Minnesota this 21St day of December 1999-
Adopted by the City Council o
1•ioward Bennis, Mayor
ATTEST:
Sandy Langley, City Clerk
• • IA
DEC -18 -1998 11:14 MINNEHAHA CREEK WATERSHED 6124710682 P.01/02
1
AGENDA
MINNEHAHA CREEK WATERSHED DISTRICT (MCWD)
Tuesday, Dec. 22, 1998
BOARD OF MANAGERS
6:30 PM -BOARD OF MANAGERS
HOPKINS CITY HALL
COUNCIL CHAMBERS
10101"d Street
Hopkins, 'MN
President Pam Blixt
Vice - President Malcolm Reid
Secretary Lance Fisher
Treasurer Monica Gross
Tom LaBounty, Tom Maple
and James Calkins
I. CALL TO ORDER AND ROLL CALL
II. APPROVAL OF AGENDA
III. APPROVAL OF MINUTES -Nov. 12,1998=
IV. OPEN PODIUM
V. PERMIT APPLICATIONS
A.' CONSENT AGENDA
Permit# Applicant Permit Type City
98 -222 Robert & Iris Waade Rule B Wayzata
98 -213 Holy Name of Jesus Rule. B Medina
Catholic Community
B. PERMITS REQUIRING DISCUSSION
Permit# Aololicant Permit Type City
98 -225 Stephen E. Curtis Rule E Maple Plain
98 -208 Mpls Pk Rec Board Rule F Minneapolis
98 -122 Mpls Pk Rec Board Rule C Minneapolis
*Indicates information attachment
DEC -16 -1998 11 :15 MINNEHAHA CREEK WATERSHED 6124710682 P.02i02
'r
VI. PRESENTATIONS
A. "Waters to the Sea" — John Shepard
VII. ACTION ITEMS
A. Rule B Contributions Collected
B. Approval of Lobbyist Contract
C. Approval of Plant Materials Contract -Hild & Assoc
D. Approval of M. C. Magney Construction Contract
VIII. REPORTS
A. TREASURER'S REPORT
�. REPORTS OF COMMITTEES
1. Administration Committee
2.. Program Committee
C. PROJECT STATUS REPORTS
1. Long Lake Improvement
2. Chain of Lakes (SW Calhoun Ponds)
3. 60th & I"— Minneapolis
4. Lake Nokomis /Hiawatha
6. Wetland Mitigation
6. Regional Ponding
7. Stormwater Management Plans
D. STAFF REPORTS
E. REPORT OF DISTRICT ATTORNEY
1. Long Lake Regional Pond Cooperative Agreement
2. Se 818` Cooperative Agreement
F. REPORT OF ENGINEER
XI. OTHER BUSINESS
x ADJOURNMENT
*Indicates information attachment
I
TOTAL P.02
5innesota 3tatul 78, 103D.311 http:/ hvww.rovisor.leg.state.mn.us/s' '03D1311;html
T
103D.311 Appointment of managers.
Subdivision 1. Manager qualifications. A person may
not be appointed as manager who:
(1) is not -a voti g resident of the watershed district; and
(2) is ,a public o ficer of the county, state,-oz federal
government, except t at a soil and water conservation supervisor
may be a manager.
Subd. 2. Appoi tment. (a) At least 30 days before
the terms of.office f the.first managers named by the board
expire, the county c mmissioners of each county responsible.-for
appointing a manager to the watershed district must meet and
appoint successors.
(b) The county contmissioners roust meet at least 30 days
before the term of office of any manager expires -and appoint a
successor.
(c) A vacancy occurring in an office•of a manager must be
filled by the Appointing county board.
(d) Appointing cod my boards shall provide public notice
before making appoi tments. Published notice must be given at
least once by publication In a newspaper of general circulation
in the watershed di rict at least 15 days before an appointment
or reappointment is made. The notice must state that persons
interested in being appointed to serve as a watershed district
manager may submit their names to the county board for
consideration.
Subd. 3. Nomir es for city initiated and metropolitan
watershed districts. .(a) If the establishment petition that
initiated the water ed• district originated from a majority of
the cities within t watershed district, the county
commissioners must point.the managers from a list of persons
nominated by one or more of the townships and municipalities
located within the watershed district. If the district is
wholly within them ropolitan area, the county commissioners
shall appoint the managers from a list of persons nominated
of 2 12/16/98 2:19 PM
Minnesota Statutes 1998, 103D.31 l
jointly or severallylby the towns and municipalities within the
district. The list ust contain at least three nominees for
each manager's position to be filled: The list must be
submitted to the cbu ty boards affected by the watershed
district at least 60 days before the manager's term of office
expires. The county commissioners may appoint any managers from
towns and municipali ies that fail to submit a list of nominees.
(b) If the list io not submitted 60 days before the
managers' terms of o fice expire, the county commissioners must
appoint the managers from eligible persons residing in the
watershed district.
(c) tanagers of alwatershed district entirely within the
metropolitan area mu t be appointed to fairly represent the
various hydrologic a eas within the watershed district by
residence of the man ger appointed.
Subd. 4. Recor' of appointed managers. A record of
all appointments mad' under this section must be filed with the
county auditor of each county affected by the watershed
district, the secret ry of the board of managers, and the board
of water and soil re ources.
HIST: 1990 c 391
1995 c 199 s 10
Copyright 1998 by the
4 s 20; 1990 c 601 s 3; 1992 c 466 s 1,2;
Office of Revisor of Statutes, State of Minnesota.
hltpJ /www. revisor .leg.state.mn.usisiMsllo3D /31 k html
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4;f 2 I I l u 16199 2 :19 PM
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TO: Mayor & Council Members
FROM: Susan Heiberg
DATE: December 21,1998
SUBJECT: SET DATES FOR
COUNCIL'S ANNUAL MEETING &
VOLUNTEER RECOGNITION
REPORUREC OMMENDATION
Agenda Item V.G.
Consent ❑
Information Only ❑
Mgr. Recommends ❑ To HRA
0 To Council
Recommendations:
1) That the Council select a date for the Annual Meeting to be held at Centennial Lakes
at 5 PM:
Monday, March 22
Tuesday, March 23
Thursday, March 25
Monday, March 29
Tuesday, March 30
Wednesday, March 31
NOTE: The 1998 Annual Meeting was held at Braemar Clubhouse on Tuesday,
March 24`x.
FYI: Easter is April 4. Edina schools' 1999 spring break is the week of Monday,
April 5.
2) That the Council select a date for the. Volunteer Recognition Reception to be held at
Edinborough Park at 5 PM: (last held on Tuesday, April 15`x, 1997)
Tuesday, April 20
Wednesday, April 21
Monday, April 26
Tuesday, April 27
Wednesday, April 28
Action
Motion
❑
Resolution
❑
Ordinance
❑
- Discussion
Recommendations:
1) That the Council select a date for the Annual Meeting to be held at Centennial Lakes
at 5 PM:
Monday, March 22
Tuesday, March 23
Thursday, March 25
Monday, March 29
Tuesday, March 30
Wednesday, March 31
NOTE: The 1998 Annual Meeting was held at Braemar Clubhouse on Tuesday,
March 24`x.
FYI: Easter is April 4. Edina schools' 1999 spring break is the week of Monday,
April 5.
2) That the Council select a date for the. Volunteer Recognition Reception to be held at
Edinborough Park at 5 PM: (last held on Tuesday, April 15`x, 1997)
Tuesday, April 20
Wednesday, April 21
Monday, April 26
Tuesday, April 27
Wednesday, April 28
ok��e
REPORT/RECOMMENDATION
To: MAYOR AND COUNCIL
From: CEIL SMITH, ASSISTANT
TO CITY MANAGER
Date: DECEMBER 21, 1998
Subject: CITY'S DEFERRED
COMPENSATION PROGRAM
RESOLUTION
Agenda Item . V.H. 1�
Consent ❑
Information Only ❑
Mgr. Recommends ❑
To HRA
®
To Council
❑
Motion
®
Resolution
❑
Ordinance
❑
Discussion
RECOMMENDATION:
Approve attached Resolutions and execute the Plan and Documents Trust Agreements.
INFO/BACKGROUND:
See attached memorandum.
R
Memorandum
Date: 12/16/98
To: Mayor and Council Members
From: Cell Smith
RE Deferred Compensation Resolutions and Plan Documents
As a result of changes in Section 457 of the Internal Revenue Code in 1996, it is necessary that the City
establish trusts for two of its deferred compensation programs. These changes are the direct response
to the bankruptcy of Orange County California in which all of the assets of the County including the
employee's deferred compensation assets, were claimed by the creditors of the county. In order to
insure that monies of the employees are protected., the code was changed .
Attached are two resolutions amending the City's deferred compensation plans. The major changes
are that the plans now become Deferred Compensation Plans and Trusts. The plan documents create
trusts which are separate entities with City Manager Gordon Hughes serving as Trustee for both plans.
The Trusts provide for the two plans' assets to be invested and held for the exclusive benefit of the
participants and their beneficiaries until distributed. Therefore, the plans' assets will no longer be
carried on the City's balance sheet as assets of the City which would protect these assets from the
City's creditors.
The attached documents include the two plan documents (one for ICMA, and one for T. Rowe Price) ,
two Trust agreements with Mr. Hughes, two Resolutions establishing the two Trusts. All these
documents have been reviewed and recommended by the City's Attorney. The Council needs to adopt
the resolutions and execute the Plan documents and the Trust Agreements.
12/16/98
RESOLUTIONS OF THE
CITY OF EDINA
WHEREAS, the City of Edina adopted resolutions on January 5, 1998, regarding deferred
compensation and now desires to modify those resolutions and to specifically amend and restate the
City of Edina Deferred Compensation Plan I and the City of Edina Deferred Compensation Plan Il
(hereinafter referred to as the "Plans ") in substantially the form presented to the City of Edina to
comply with the applicable requirements of Section 457 of the Internal Revenue Code (the "Code "),
as amended by the Small Business Job Protection Act of 1996 and the Taxpayer Relief Act of 1997,
and to reflect the operation of the Plans;
WHEREAS, copies of the Plans as amended and restated to comply with Section 457(b) of
the Code have been presented to the City of Edina and it has been proposed to the City of Edina that
it adopt and approve said amended and restated Plans in substantially the form presented to. the City
of Edina;
WHEREAS, it has been proposed to the City of Edina that said amended and restated Plans
be effective as of January 1, 1999;
WHEREAS, Section 457(g) of the Code requires that all assets and income of a Section
457(b) plan maintained by a state or local government employer be held in trust, or in custodial
accounts or annuity contracts described in Section 401(f) of the Code, for the exclusive benefit of
participants and beneficiaries;
WHEREAS, copies of trust agreements that may be used in connection with the Plans to
satisfy the requirements of Section 457(g) of the Code have been presented to the City of Edina and
it has been proposed to the City of Edina that it adopt and approve said trust agreements in
substantially the form presented to the City of Edina;
WHEREAS, it has been proposed to the City of Edina that the trustee for the trust used in
connection with the City of Edina Deferred Compensation Plan I be Gordon Hughes, and that the
trustee for the trust used in connection with the City of Edina Deferred Compensation Plan Il be
Gordon Hughes;
WHEREAS, it has been proposed to the City of Edina that the City of Edina provide written
notice to the trustee of the trust used in connection with the City of Edina Deferred Compensation
Plan I that, pursuant to the provisions of Section 5.3 of that trust agreement, the assets of the trust
be invested in the ICMA Retirement Trust;
WHEREAS, it has been proposed to the City of Edina that the City of Edina provide written
notice to the trustee of the trust used in connection with the City of Edina Deferred Compensation
Plan Il that, pursuant to the provisions of Section 5.3 of that trust agreement, the assets of the trust
be invested in the funds offered by or through T. Rowe Price; and
L
WHEREAS, it has been proposed to the, City of Edina that said trust agreements be effective
as of January 1, 1999.
NOW, THEREFORE, BE IT RESOLVED, that the City of Edina hereby authorizes the
approval and adoption of the'amended and restated Plans in substantially the form presented to the
City of Edina and hereby authorizes'and directs the City Manager of the City of Edina.to arrange for
the execution of said amended and restated Plans in substantially the form presented to the City of
Edina and to take whatever actions are necessary or appropriate to put said amended and restated
Plans into effect.
BE IT FURTHER RESOLVED, that said amended and restated Plans shall be effective
as of January 1, 1999.
BE IT FURTHER RESOLVED, that the City of Edina hereby authorizes the approval and
adoption of the trust agreements in substantially the form presented to the City of Edina and hereby
authorizes and directs the City Manager of the City of Edina to arrange for the execution of said trust
agreements in substantially the form presented to the City of Edina and to take whatever actions are
necessary or appropriate to put said trust agreements into effect.
BE IT FURTHER RESOLVED, that the trustee for the trust used in connection with the
City of Edina Deferred Compensation Plan I shall be Gordon Hughes, and the trustee for the trust
used in connection with the City of Edina Deferred Compensation Plan H shall be Gordon Hughes.
BE IT FURTHER RESOLVED, that said trust agreements shall be effective as of
January 1, 1999.
BE IT FURTHER RESOLVED, that the City of Edina hereby authorizes and directs the
City Manager of the City of Edina to provide written notice to the trustee of the trust used in
connection with the City of Edina Deferred Compensation Plan I that the assets of that trust be
invested in the ICMA Retirement Trust, and to the trustee of the trust used in connection with the
City of Edina Deferred ' Compensation Plan H that the assets of that trust be invested in the funds
offered by or through T. Rowe Price and to do and perform every other act necessary and proper in
order to carry out the actions herein described and to accomplish the objectives hereinstated.
BE IT FURTHER RESOLVED, that.the City of Edina hereby authorizes.and directs the
City Manager of the City of Edina to do and perform every other act necessary and proper in order
to carry out the actions herein described and to accomplish the objectives herein stated, and hereby
2WR
A
authorizes the establishment of the Committee to administer the Plans in accordance with the terms
of the Plans and the appointment of the following persons to serve on the Committee:
Adopted this day of 919
510
�f
I
CERTIFICATION
I, , do hereby certify that I am the of
the City of Edina, a political subdivision of the State of Minnesota, and that by action by the Edina
City Counsel taken on ,1998, the "CITY OF EDINA DEFERRED COMPENSATION
PLAN I (1999 Restatement)" was approved and adopted effective as of January 1, 1999. I further
certify that the document hereto attached is a true and correct copy of the plan document.
981209:1301
1998
Plan '98
981209:1301
Plan '98
CITY OF EDINA
DEFERRED COMPENSATION PLAN I
(1999 Restatement)
TABLE OF CONTENTS
Page
SECTION 1. INTRODUCTION ............... ............................... 1
1.1. Amendment and Restatement
1.2. Definitions
1.2.1.
Account
1.2.2.
Annual Valuation Date
1.2.3.
Beneficiary
1.2.4.
Committee
1.2.5.
Code
1.2.6.
Compensation
1.2.7.
Deferral
1.2.8.
Disability
1.2.9.
Effective Date
1.2.10.
Employee
1.2.11.
Enrollment Date
1.2.12.
Fund
1.2.13.
Normal Retirement Date
1.2.14.
Participant
1.2.15.
Plan
1.2.16.
Plan Year
1.2.17.
Retirement Savings Agreement
1.2.18.
Trust
1.2.19.
Trustee
1.2.20.
Valuation Date
1.3. Rules of Interpretation
SECTION 2. PARTICIPATION ............... ............................... 4
2.1. Eligibility
2.2. Enrollment
981209:1301 '1' Plan '98
1
SECTION 3. CONTRIBUTIONS .............. ............................... 5
3.1. Deferred Compensation
3.1.1. Deferral Election
3.1.2. Primary Limitations
3.1.3. Catch -Up Limitations
3.1.4. Coordination with Other Plans
3.2. Minimum Deferrals
3.3. Modifications of Deferrals
3.3.1. Increase or Decrease
3.3.2. Cancellation
3.4. Leaves of Absence
3.5. Transfers Into This Plan
3.6. Trust Requirements
3.6.1. Exclusive Benefit
3.6.2. Custodial Accounts and Annuity Contracts
3.6.3. The Trust Agreement
3.6.4. Contributions to the Trust
SECTION 4. INVESTMENT AND ADJUSTMENT OF ACCOUNTS ................ 8
4.1. Investment of Funds
4.1.1. Investments
4.1.2. Establishing Commingled Subfunds
4.1.3. Operational Rules
4.1.4. Investment Options
4.2. Valuation and Adjustment of Accounts
4.2.1. Valuation of Fund
4.2.2. Adjustment of Accounts
4.3. Management and Investment of Fund
SECTION 5. VESTING OF ACCOUNT ........ ............................... 9
5.1. Vested Benefit
5.2. Limitation on Benefits
SECTION 6. DISTRIBUTIONS .............. ............................... 10
6.1.
Distribution Requirements
6.2.
Separation from Service
6.3.
Unforeseeable Emergencies
981209:1301 —ii— Plan '98
SECTION 7. DISTRIBUTION OF BENEFITS .. ............................... 11
7.1.
Application for Distribution
7.2.
Commencement of Benefits
7.2.1. Defer Commencement of Distribution
7.2.2. Additional Deferral Election
7.2.3. In- Service Distribution
7.3.
Required Beginning Date
7.4.
Forms of Distribution
7.4.1. Forms Available
7.4.2. Required Lump Sum
7.4.3. Default
7.5.
Death Benefits
7.5.1. Death After Commencement of Benefits
7.5.2. Death Before Commencement of Benefits
7.5.3. Death Prior to Full Distribution
7.6.
Transfers From This Plan
7.7.
Designation of Beneficiaries
7.7.1. Right to Designate
7.7.2. Failure of Designation
7.7.3. Definitions
7.7.4. Special Rules
7.8.
Facility of Payment
SECTION 8. PLAN ADMINISTRATION ...... ............................... 17
8.1.
Committee
8.1.1. Administrator
8.1.2. Appointment and Removal
8.1.3. Automatic Removal
8.1.4. Authority
8.2.
Conflict of Interest
8.3.
Spendthrift Provision
SECTION 9. AMENDMENT AND TERMINATION ............................ 19
9.1.
Amendment of Plan
9.2.
Plan Termination
981209:1301
-iii-
Plan '98
SECTION 10. MISCELLANEOUS ........................................... 19
10.1. Claims Procedure
10.1.1. Original Claim
10.1.2. Claims Review Procedure
10.1.3. General Rules
10.1.4. Exhaustion of Administrative Remedies
10.2. Information Furnished by Participants
10.3. Term of Employment
10.4. Representations
10.5. Severability
10.6. Applicable Law
981209:1301 —1v— Plan '98
CITY OF EDINA
DEFERRED COMPENSATION PLAN I
(1999 Restatement)
SECTION 1
INTRODUCTION
1.1. Amendment and Restatement. Effective on or about i ', the CITY OF
EDINA, a political subdivision of the State of Minnesota, established a deferred compensation plan
for the exclusive benefit of covered employees known as the "CITY OF EDINA DEFERRED
COMPENSATION PLAN P' (the "Plan"). The Plan is intended to be an eligible deferred
compensation plan under section 457(b) of the Internal Revenue Code of 1986, as amended, and the
regulations thereunder, and other applicable law.
The City of Edina hereby amends and restates the Plan and continues it as of the Effective Date. The
Plan as so continued, amended and restated shall not be construed to affect the rights or benefits of
any employee, person or beneficiary who may have retired or terminated employment prior to the
Effective Date, nor shall the Plan as so amended, restated and continued affect the rights or benefits
of any person or beneficiary whose entitlements are dependent upon a person, employee or
beneficiary who retired or terminated employment prior to the Effective Date.
1.2. Definitions. When the following terms are used herein with initial capital letters, they shall
have the following meanings:
1.2.1. Account — shall mean a Participant's entire interest in the Fund, to which
are credited the contributions made by the City of Edina on behalf of the Participant pursuant to the
Participant's deferral elections made pursuant to Section 3.1 or any assets transferred into the Fund
pursuant to Section 3.5, adjusted with any earnings or losses thereon.
1.2.2. Annual Valuation Date — shall mean each December 31.
1.2.3. Beneficiary — shall mean the person or persons designated by a Participant
(or automatically by operation of the Plan) to receive the benefits payable under this Plan in the event
of the Participant's death prior to full distribution thereof. A person so designated shall not be
considered-a Beneficiary until the death of the Participant.
1.2.4. Committee — shall mean the person or persons appointed by the City of
Edina under Section 8.1.
981209:1301 Plan '98
1.2.5. Code — shall mean the Internal Revenue Code of 1986, as amended, and
includes any regulations thereunder.
1.2.6. Compensation — shall mean all earnings from services rendered by the
Employee to the City of Edina, including but not limited to the gross salary of the Employee, prior
to any deduction for federal or state income tax, Social Security contributions, or pension plan
contributions; subject, however, to the following:
(a) Pre - Participation Employment. Remuneration paid by the City of Edina
attributable to periods prior to the date the Participant became a Participant
in the Plan shall not be taken into account in determining the Participant's
Compensation.
(b) Attribution to Periods. A Participant's Compensation shall be considered
attributable to the period in which it is actually paid and not when earned or
accrued; provided, however, amounts earned but not paid in a Plan Year
because of the timing of pay periods and pay days may be included in the
Plan Year when earned if these amounts are paid during the first few weeks
of the next Plan Year, the amounts are included on a uniform and consistent
basis with respect to all similarly situated Participants and no amount is
included in more than one Plan Year.
(c) Excluded Periods. Amounts received after the Participant's termination of
employment shall not be taken into account in determining a Participant's
Compensation.
(d) Annual Maximum. A Participant's Compensation for a Plan Year shall not
exceed the annual compensation limit under section 401(a)(17) of the Code.
A Participant's Compensation for a Plan Year shall not exceed the annual
compensation limit under section 401(a)(17) of the Code. For purposes of
the foregoing, the annual compensation limit under section 401(a)(17) of the
Code shall be $150,000 adjusted for cost of living increases pursuant to
section 401(a)(17)(B) of the Code.
1.2.7. Deferral — shall mean the amount of Compensation not yet earned, which
the Participant and the City of Edina mutually agree shall be deferred in accordance with the
provisions of the Plan and pursuant to the Retirement Savings Agreement.
1.2.8. Disability = shall mean a medically determinable physical or mental
impairment which: (i) renders the individual incapable of performing any substantial gainful
employment, (ii) can be expected to be of long- continued and indefinite duration or result in death,
and (iii) is evidenced by a certification to this effect by a doctor of medicine approved by the
Committee. In lieu of such a certification, the Committee may accept, as proof of Disability, the
981209:1301 -2- Plan '98
official written determination that the individual will be eligible for disability benefits under the
federal Social Security Act as now enacted or hereinafter amended (when any waiting period
expires). Notwithstanding the foregoing, no Participant will be considered to have a Disability
unless such doctor's determination or official Social Security determination is received by the
Committee within twelve (12) months after the Participant's last day of active work with the City
of Edina. The Committee shall determine the date on which the Disability shall have occurred if
such determination is necessary.
1.2.9. Effective Date — shall mean January 1, 1999.
1.2.10. Employee — shall mean any person who is employed by the City of Edina.
1.2.11. Enrollment Date — shall mean the first day of a payroll period or such other
dates as the Committee may designate.
1.2.12. Fund — shall mean the assets of the Plan, including all contributions and the
investments and reinvestments, earnings and profits thereon.
1.2.13. Normal Retirement Date — shall mean the Participant's retirement from
service with the City of Edina which becomes effective on the first day of the calendar month
following the attainment of the Participant's normal retirement age. Normal retirement age for
purpose of this Plan is age sixty -five (65) years.
1.2.14. Participant — shall mean an Employee of the City of Edina who is
designated as eligible to participate in this Plan and elects to participate in accordance with the terms
of this Plan and becomes a Participant in the Plan in accordance with the provisions of Section 2.
An Employee who has become a Participant shall be considered to continue as a Participant in the
Plan until the date of the Participant's death or, if earlier, the date when the Participant is no longer
employed by the City of Edina and upon which the Participant no longer has any Account under the
Plan (that is, the Participant has received a distribution of all of the Participant's Account).
1.2.15. Plan — shall mean the deferred compensation plan maintained by the City
of Edina established for the benefit of Participants eligible to participate therein, as set forth in this
Plan, and is referred to as the "CITY OF EDINA DEFERRED COMPENSATION PLAN 1(1999
Restatement)."
1.2.16. Plan Year — shall mean the twelve (12) consecutive month period ending
on the last day of December in each year.
1.2.17. Retirement Savings Agreement — shall mean the written agreement
between the City of Edina and the Participant to defer receipt of Compensation not yet earned (the
Deferral) under the terms of this Plan.
981209:1301 -3- Plan '98
1.2.18. Trust — shall mean the Trust described in Section 3.6. The Trust shall be
treated as a tax - exempt trust under section 501(a) of the Code and shall be used for the purpose of
holding assets and income of the Plan but shall not cause the amounts to be includable in the gross
income of Participants and Beneficiaries merely because such amounts are held in the Trust.
1.2.19. Trustee — shall mean the City of Edina or the corporation or person or
persons selected by the City of Edina to serve as Trustee for the Trust.
1.2.20. Valuation Date — shall mean the last day of each month of the Plan Year
and such other dates as the Committee may, from time to time, determine.
1.3. Rules of Interpretation. An individual shall be considered to have attained a given age
on the individual's birthday for that age (and not on the day before). The birthday of any individual
born on a February 29 shall be deemed to be February 28 in any year that is not a leap year.
Notwithstanding any other provision of this Plan or any election or designation made under the Plan,
any individual who feloniously and intentionally kills a Participant or Beneficiary shall be deemed
for all purposes of this Plan and all elections and designations made under this Plan to have died
before such Participant or Beneficiary. A final judgment of conviction of felonious and intentional
killing is conclusive for the purposes of this Section. In the absence of a conviction of felonious and
intentional killing, the Committee shall determine whether the killing was felonious and intentional
for the purposes of this Section. Whenever appropriate, words used herein in the singular may be
read in the plural, or words used herein in the plural may be read in the singular; the masculine may
include the feminine and the feminine may include the masculine; and the words "hereof," "herein"
or "hereunder" or other similar compounds of the word "here" shall mean and refer to this entire
Plan and not to any particular paragraph or Section of this Plan unless the context clearly indicates
to the contrary. The titles given to the various Sections of this Plan are inserted for convenience of
reference only and are not part of this Plan, and they shall not be considered in determining the
purpose, meaning or intent of any provision hereof. Any reference in this Plan to a statute or
regulation shall be considered also to mean and refer to any subsequent amendment or replacement
of that statute or regulation. This document has been executed and delivered in the State of
Minnesota and has been drawn in conformity to the laws of that State and shall, except to the extent
that federal law is controlling, be construed and enforced in accordance with the laws of the State
of Minnesota.
SECTION 2
PARTICIPATION
2.1. Eligibility. Each Employee of the City of Edina shall be eligible to participate in the Plan
on the first day of the month next following commencement of employment.
981209:1301 -4- Plan '98
2.2. Enrollment. Eligible Employees may enroll in the Plan by completing a Retirement
Savings Agreement and delivering the same to the City of Edina not less than fifteen (15) days (or
such other, period as the City of Edina may designate) prior to the Enrollment Date the forms are to
be effective, which Agreement must be .accepted by the City of Edina. Compensation for any
calendar month will be deferred only if a Retirement Savings Agreement providing for such deferral
has been entered. into before the beginning of such month.
SECTION -3
CONTRIBUTIONS
3.1. Deferred Compensation.
3.1.1. Deferral Election. Elections to defer Compensation under the Plan shall be
made in writing by completing a Retirement Savings Agreement. Such elections, may be revised or
terminated by completing a new Retirement Savings Agreement. A Participant's etirement Savings
Agreement and the various elections and selections made thereon shall not become effective unless
acceptance thereof by the City of Edina in its sole discretion is acknowledged in writing. A
Participant's election to terminate a prior Retirement Savings Agreement shall be effective upon
delivery to the City of Edina. An election to reduce or terminate a prior Retirement Savings
Agreement'shall in no event be effective with respect to Compensation for services rendered during
a period of service commencing prior to the date of such election.
3.1.2. Primary Limitations: The maximum amount that may be deferred under this
Plan for any Participant for any taxable year shall not exceed the lesser of $7,500 (adjusted for the
calendar year to reflect increases in cost of living in accordance with sections 457(e)(15) and 415(d)
of the Code) or thirty -three and one third percent (33 -1/3 %) of the Participant's "includible
compensation" for the taxable year, reduced by any amount excludable from the Employee's gross
income for the taxable year under section 403(b) of the Code on account of contributions made by
the City.of Edina. For purposes of this Section 3. 1, "includible compensation" means compensation
for services performed for the City of Edina which is currently includable in gross income as
determined under section 457(e)(5) of the Code. Accordingly, "includable compensation" for a
taxable year does not include an amount payable by the City of Edina that is excludable from the
Employee's gross income under section 457(a) or under section. 403(b) of the Code.
3.1.3. Catch -Up Limitations. For each of the last three (3) Plan Years ending
before the Participant attains normal retirement age (as defined in Section 1.2.13), the maximum
amount may be increased to the lesser of.
(a) $15,000, reduced by any amount excludable from the Participant's gross
income for the taxable year under section 403(b) of the Code on account of
contributions- made by the City of Edina; or
981209:1301 -5- Plan '98
(b) the sum of:
(i) the maximum deferred amount established under Section 3.1.2, and
(ii) unused maximum deferrals for prior taxable years. "
3.1.4. Coordination with Other Plans. If a Participant participates in more than
one section 457 plan, the maximum amount that may be deferred under all such plans shall not
exceed $7,500 (as adjusted under section 457(e)(15) of the Code for cost of living increases and
subject to modification under Section 3.1.3, which also shall apply to all section 457 plans in which
the Participant participates). If a Participant participates in a plan described in section 457(c)(2) of
the Code, amounts deferred by the Participant -to such plans and excluded, from the Participant's
gross income in any taxable year under such plans shall reduce the primary limitation amount and
the catch -up limitation amount under this Section 3.1. Such amounts shall be so reduced, however,
only to the extent the Participant has notified the Committee in writing of such participation in other
plans; provided that such notice shall not be required. for any plan sponsored by the City of Edina.
3.2. Minimum Deferrals. The Committee may, from time to time, establish minimum
Deferrals for Participants.
3.3. Modifications of Deferrals. The Retirement Savings Agreement of a Participant may be
modified as follows.
3.3.1. Increase or Decrease. A Participant may, upon giving prior written notice
to the Committee, amend the Retirement Savings Agreement to increase or decrease the amount of
Deferral as of any subsequent Enrollment Date.
3.3.2. Cancellation. A Participant who has a Retirement Savings Agreement in
effect may, upon giving prior written notice to the Committee, completely terminate Deferrals as of
the first day of any month.. Any such termination must remain, in effect for at least twelve (12) .
months. Thereafter, the Participant may, upon giving prior written notice to the Committee,
complete a new Retirement Savings Agreement to be effective as- of any subsequent Enrollment
Date.
3.4. Leaves of Absence. Unless written notice of cancellation is received in accordance with
Section 3.3.2; the-Participant's Retirement Savings Agreement will remain in effect during an
approved leave of absence with Compensation. A leave of absence of more than six (6) months
without Compensation will. result in the automatic cancellation of the Participant's Retirement
Savings Agreement. If a Participant returns to employment after such leave of absence and desires
to again enroll in the Plan, the Participant will be required to complete a Retirement Savings
Agreement and deliver the Agreement to the Committee by the next available Enrollment Date or
any other Enrollment Date in accordance with Section 2.2 of the Plan.
981209:1301 —6— Plan '98
3.5. Transfers Into This Plan. This, Plan will accept amounts accrued on behalf of a
Participant under a plan maintained by another employer that is an "eligible deferred compensation
plan". (as defined in section 457(a) of the Code) as permitted under section 457(e)(10) of the Code
and section 1.457 -2(k) of the Regulations. Such amounts will be credited to the Account of the
Participant,. invested pursuant to Section 4 and distributed pursuant to. Section 7.
3.6. Trust Requirements.
3.6.1., Exclusive Benefit. Notwithstanding any contrary. provision of the Plan but
subject to the provisions 4n this Section 3.6, in accordance. with section 457(g) of the Code, all
amounts of Compensation deferred pursuant to the Plan, all property and rights purchased with such
amounts, and all income attributable to such, amounts, property, or rights shall be held in trust for
the exclusive benefit of Participants and Beneficiaries under the Plan. Any Trust under the Plan shall
be established pursuant to a written agreement that constitutes a valid trust under the law of the State
of Minnesota.
All amounts of Compensation deferred under the Plan shall be transferred to the Trust
established under the Plan within a period that is not longer than is reasonable for the proper
administration of the accounts of the Participants. To comply with this requirement, all amounts of
Compensation deferred under the Plan shall be transferred to the Trust established under the Plan
not later than 15 business days after the end of the month in which the Compensation would
otherwise have been paid to the Employee.
3.6.2. Custodial Accounts and Annuity Contracts. For purposes of the trust
requirements of section 457(g)(1) of the Code, custodial accounts and annuity contracts described
in section 401(f) of the Code will be treated as trusts under rules similar to the rules under section
401(f) of the Code. Section 1.401(f) -1(b) of the Regulations contains requirements that a custodial
account or an annuity contract must satisfy to be treated as a trust. For purposes of applying the rules
of section 401(f) of the Code under section 457(g) of the Code, the requirements under section
1.401(f) -1(b) of the Regulations generally will be used to determine whether a custodial account or
annuity contract meets the requirements of section 457(g)(3) of the Code.
The use of a custodial account or annuity contract as part of the Plan does not preclude the
use of a trust or another custodial account or annuity contract as part of the same Plan, provided that
all such vehicles satisfy the requirements of subsections 457(g)(1) and (3) of the Code and all assets
and income of the Plan are held in such vehicles.
3.6.3. The Trust Agreement. The City of Edina reserves the right to select the
Trustee, remove a Trustee, and amend the Trust Agreement from time to time and at any time as
provided under the Trust Agreement: Such Trust shall be established on or before January 1, 1999.
The rights and obligations of the Trustee shall be determined solely under the terms of the Trust
Agreement.
981209:1301 -7- Plan '98
3.6.4. Contributions to the Trust. The terms of the Trust established in connection
with this Plan must make it impossible, prior to the satisfaction of all liabilities with respect to
Participants and their Beneficiaries, for any part of the assets and income of such Trust to be used
for, or diverted to, purposes other than for the exclusive benefit of the Participants and their
Beneficiaries. No part of the contributions that the City of Edina makes under the Plan shall be
available to the City of Edina for any purpose except for providing benefits under the Plan to
Participants and Beneficiaries under the Plan until all such liabilities have been satisfied in full. If
any contribution to the Plan is made by reason of a mistake of fact, then there shall be calculated the
excess of the amount contributed over the amount that would have been contributed had there not
occurred a mistake in determining the deduction or a mistake of fact. The Committee, at its election,
may direct the Trustee to return such excess, adjusted for its pro rata share of any net loss (but not
any net gain) in the value of the Fund which accrued while such excess was held therein, to the City
of Edina within one (1) year of the disallowance of the deduction or the mistaken payment of the
contribution, as the case may be.
SECTION 4
INVESTMENT AND ADJUSTMENT OF ACCOUNTS
4.1. Investment of Funds.
4.1.1. Investments. Amounts held in the Trust, or in custodial accounts or annuity
contracts described in section 401(f) of the Code, shall be invested in accordance with the provisions
of such Trust, custodial accounts, or annuity contracts and in any of the investment funds available
under such funding vehicle or vehicles. The investment vehicle and the funds available under such
vehicle may be governed by'state law, in which event, state law shall govern the investment of such
amounts.
4.1.2. Establishing Commingled Subfunds. Subject to applicable state law, at the
direction of the Committee, the Fund shall be divided into two (2) or more subfunds, which shall
serve as vehicles for the investment of Participants' Accounts. The Committee shall determine the
general investment characteristics and objectives of each. subfund and, with respect to each subfund,
shall designate one or more selected pooled investment vehicles (such as collective funds, group
trusts, mutual funds and separate accounts under insurance contracts) to constitute such subfund.
The Committee shall have complete investment discretion over such subfund, subject to applicable
state law and to the general investment characteristics and objectives established for the particular
subfund.
4.1.3. Operational Rules. In accordance with rules and subject to applicable state
law, the Committee shall determine the circumstances under which a particular subfund may be
elected, or shall be automatically utilized, the minimum or maximum amount or percentage of an
981209:1301 —8— Plan '98
Account which may be invested in a particular subfund, the procedures for making or changing
investment elections, the extent (if any) to which Beneficiaries of deceased Participants may make
investment elections and the effect of a Participant's or Beneficiary's failure to make an effective
election with respect to all or any portion of an Account. Any amounts deferred (including amounts
previously deferred) under the Plan will not be considered made available to the Participant solely
because the Participant is permitted to choose among various investment modes under the Plan for
the investment of such amounts whether before or after payments have commenced under the Plan
in accordance with section 1.457- 1(b)(1) of the Regulations.
4.1.4. Investment Options. Subject to applicable state law, the Committee shall
have the power, from time to time, to dissolve subfunds, to direct that additional subfunds be
established and, under rules established by the Committee, to withdraw or limit participation in a
particular subfund.
4.2. Valuation and Adjustment of Accounts.
4.2.1. Valuation of Fund. Subject to applicable state law and the rules governing
plans and investment vehicles authorized and created pursuant to such state law, each subfund shall
be valued from time to time (but not less frequently than each Annual Valuation Date), which
valuation shall reflect, as nearly as possible, the then fair market value of the assets comprising such
subfund (including income accumulations therein).
4.2.2. Adjustment of Accounts. Subject to applicable state law and the rules
governing plans and investment vehicles authorized and created pursuant to such state law, the City
of Edina shall cause the value of each Account or portion of an Account invested in a particular
subfund (including undistributed Accounts) to be increased (or decreased) from time to time for
distributions, contributions, investment gains (or losses) and expenses charged to the Account.
4.3. Management and Investment of Fund. Subject to applicable state law and the rules
governing plans and investment vehicles authorized and created pursuant to such state law, the Fund,
together with all additional contributions made thereto and together with all net income thereof, shall
be controlled, managed, invested, reinvested and ultimately paid and distributed to Participants and
Beneficiaries by, or at the direction of, the Committee.
SECTION 5
VESTING OF ACCOUNT
5.1. Vested Benefit. A Participant shall be considered to be 100% vested in his or her Account.
For purposes of this provision, the term "vested" means an interest in the benefit described under
the Plan which may be payable to or on behalf of the Participant in accordance with the terms of the
Plan and section 457 of the Code.
981209:1301 -9- Plan '98
5.2. Limitation on Benefits. The benefits that may be payable to or on behalf of a Participant
under the Plan shall be equal to the amounts credited to the Participant's Account in accordance with
the terms of the Plan and the requirements of section 457 of the Code.
SECTION 6
DISTRIBUTIONS
6.1. Distribution Requirements. A Participant may not receive a distribution of any amounts
deferred under the Plan prior to the occurrence of a distributable event set forth in this Section 6.1.
Amounts credited to a Participant's Account shall become distributable in accordance with Section 7
upon the earliest to occur of any of the following events while in the employment of the City of
Edina:
(a) the Participant's "separation from service" with the City of Edina, whether
voluntary or involuntary, as determined in accordance with Section 6.2;
(b) the calendar year in which the Participant attains age 70 -1/2; or
(c) when the Participant is faced with an "unforeseeable emergency," as
determined in accordance with Section 6.3.
6.2. Separation from Service. Under the regulations for section 457, an Employee is separated
from service with the City of Edina if there is a separation from service within the meaning of
section 402(d)(4)(A)(iii) of the Code, relating to lump sum distributions. A separation generally will
not be found unless there is a change in the employment relationship in more than a formal or
technical sense. Furthermore, in general, an Employee is not separated from service where the
Employee continues the same job in the same work environment with a different employer as a result
of a merger, liquidation or other similar circumstances and the new employer continues the plan (this
is referred to as the "same desk" rule). An Employee is generally considered to be separated from
service if the Employee's employment duties with the new employer are substantially different from
the employment duties performed for the former employer. A distribution is also considered to be
made due to separation from service if it is made on account of the Participant's death or retirement.
6.3. Unforeseeable Emergencies. A Participant may accelerate the payment of an amount
remaining payable to the Participant under the Plan in the event of an "unforeseeable emergency,"
as defined in section 1.457- 2(h)(4) of the Regulations. Section 1.457- 2(h)(4) of the Regulations
defines "unforeseeable emergency" as severe financial hardship to the Participant resulting from a
sudden and unexpected illness or accident of the Participant or of a dependent (as defined in section
152(a)) of the Participant, loss of the Participant's property due to casualty, or other similar
extraordinary and unforeseeable circumstances arising as a result of events beyond the control of the
981209:1301 -10- Plan '98
Participant. The circumstances that will constitute an unforeseeable emergency will depend upon
the facts of each case, but, in any case, payment may not be made to the extent that such hardship
is or may be relieved (i) through reimbursement or compensation by insurance or otherwise, (ii) by
liquidation of the Participant's assets, to the extent the liquidation of such assets would not itself
cause severe financial hardship, or (iii) by cessation of deferrals under the Plan. Examples of what
are not considered to be unforeseeable emergencies include the need to send a Participant's child to
college or the desire to purchase a home. Furthermore, in accordance with section 1.457- 2(h)(5) of
the Regulations, withdrawals of amounts because of an unforeseeable emergency will be permitted
only to the extent reasonably needed to satisfy the emergency need.
SECTION 7
DISTRIBUTION OF BENEFITS
7.1. Application for Distribution. No distribution shall be made from the Plan until the
Committee has received a written application for distribution from the Participant or the Beneficiary
entitled to receive a distribution (the "Distributee "). The Committee may prescribe rules regarding
the form of such application, the manner of filing such application and the information required to
be furnished in connection with such application.
7.2. Commencement of Benefits. Generally, distribution of benefits to a Participant shall
commence as of the earlier of. (a) sixty (60) days after the date on which the Participant incurs a
separation from service with the City of Edina, or (b) the end of the calendar year in which the
Participant attains age 70 -1/2 years.
7.2.1. Defer Commencement of Distribution. Subject to Section 7.2.2, pursuant
to section 1.457 -1(b) of the Regulations, amounts will not be considered to be made available to a
Participant if the Participant irrevocably elects, prior to the time the amounts become payable under
the Plan, to defer the payment to a fixed and determinable future time. For this purpose, the time
at which amounts become payable, the "first permissible payout date," is the earliest date on which
the Plan permits payments to begin after separation from service, disregarding payments to a
Participant who has an unforeseeable emergency or attains age 70 -1/2, or under the in- service
distribution provisions of the Plan described in Section 7.2.3 below.
7.2.2. Additional Deferral Election. Pursuant to section 457(e)(9)(B) of the Code,
the amount payable to a Participant under the Plan shall not be treated as made available merely
because the Participant may make an additional election, after the first permissible payout date
described in Section 7.2.1, to defer the commencement of distributions so long as this additional
deferral election is made before distributions begin. If a Participant has elected, in accordance with
Section 7.2.1 of the Plan, to defer the commencement of distributions beyond the first permissible
payout date, then the Participant may make an additional election to further defer the commencement
of distributions, provided that the election is filed before distributions actually begin and the later
981209:1301 _11- Plan '98
commencement date meets the required distribution commencement date provisions of. sections
401(a)(9) and 457(d)(2) of the Code. A Participant may not make mote than one such additional
deferral election after the first permissible payout date. Forpurposes of the preceding provisions,
the "first permissible payout date" is defined in Section 7.2.1. Only one additional deferral election
under section 457(e)(9)(B) of the Code can be made after the end of the period in which a Participant
may make deferral elections under section 457(d)(1)(A) of the Code and section 1.457 -1(b) of the
Regulations. A Participant shall not precluded from making an additional deferral election under
section 457(e)(9)(B) of the Code merely because -the Participant has previously received a hardship
distribution under section 457(d)(1)(A) of the Code and the provisions of the Plan or has made other
deferral elections prior to separation from service. The additional deferral election under section
457(e)(9)(B) of the Code is not available if the Participant has separated from service and
distributions have begun. The additional deferral election under section 457(e)(9)(B) of the Code
permits the Participant to elect only to defer, and not to accelerate, commencement of distributions
under the Plan.
7.2.3. In- Service Distribution. Notwithstanding anything in this Section 7.2 to the
contrary but subject to _section 457(e)(9)(A) of the Code, a Participant who is an active Employee
shall receive a distribution of the total amount payable to the Participant under the Plan if the
following requirements. are met:
(a) the total amount payable to the Participant under the Plan does not exceed
$5,000 (or the dollar limit under section 41 l(a)(11) of the Code,,if greater);
(b) the Participant has not previously received an in- service distribution of the
total amount payable to the Participant under the Plan;
(c) no amount has been deferred under the Plan with respect to the Participant
during the two -year period ending on the date of the in- service distribution;
and
(d) the Participant elects to receive the distribution.
7.3. Required Beginning Date. Notwithstanding anything in the Plan to the contrary, benefits
must commence no later than the later of:
(a) sixty (60) days after the close of the Plan Year in which the Participant attains
(or would have attained) normal retirement age (as defined in Section 1.2.13),
or
(b) sixty (60) days after the close of the Plan Year in which the Participant
separates from service (as described in Section 6.2) with the City of Edina.
981209:1301 —12— Plan '98
7.4. Forms of Distribution.
7.4.1. Forms Available. The Committee shall make distribution of the Participant's
Account to the Participant or, in the event of the Participant's death, the Beneficiary in the form
elected by the Participant prior to the date on which benefits are scheduled to commence. Absent
a payment option election by the Participant, the payment shall be made in accordance with the form
elected by the Beneficiary prior to the date on which benefits are scheduled to commence. Benefits
may be paid in a lump sum or any annuity mutually agreeable to the Participant or Beneficiary and
the City of Edina.
7.4.2. Required Lump Sum. If the value of the Participant's Account has never
exceeded $5,000, distribution shall be made in a single lump sum payment.
7.4.3. Default. Absent a timely written designation of the form for distribution
(including reasons entirely beyond the control of the Participant), benefits will be payable as a life
annuity with one hundred twenty (120) monthly payments certain.
7.5. Death Benefits.
7.5.1. Death After Commencement of Benefits. If a Participant dies after payment
of benefits has commenced, the remaining portion will be distributed to the Participant's designated
Beneficiary at least as rapidly as the method of distribution elected by the Participant prior to death.
7.5.2. Death Before Commencement of Benefits. If a Participant dies before
payment of benefits has commenced, any benefits payable after the Participant's death will be
distributed not later than the December 31 coinciding with or immediately following the fifth (5th)
anniversary of the Participant's death, except to the extent that the Beneficiary elects to receive
payment in accordance with the following:
(a) Any portion of the Participant's interest which is payable to the Participant's
Beneficiary may be distributed in substantially equal annual installments over
the life of the Beneficiary, or over a period not extending beyond the life
expectancy of the Beneficiary, commencing not later than the December 31
coinciding with or immediately following the first anniversary of the
Participant's death; provided, however, that if the Beneficiary is not the
Participant's surviving spouse, payment of the Participant's entire Account
must be paid to such Beneficiary during a period not to exceed fifteen years.
For purposes of this subsection (a) and Section 7.5.2, the life expectancy of
the Beneficiary shall not be recalculated once benefits commence; provided,
however, that if the Beneficiary is the Participant's surviving spouse, the
surviving spouse may give written notice to the Committee not later than
thirty (30) days before the date benefits commence that the life expectancy
981209:1301 -13- Plan '98
of the surviving spouse shall be recalculated (but not more frequently than
annually).
(b) Notwithstanding subsection (a) above, if the Beneficiary is the Participant's
surviving spouse, the spouse may elect to defer distributions to not later than
the December 31 that coincides with or immediately follows the later of the
date on which the Participant would have attained age seventy and one -half
(70 -1/2) years, or the first anniversary of the Participant's death, and, if the
spouse dies before payments begin, subsequent distributions shall be made
as if the spouse had been the Participant.
(c) Any election made by a Beneficiary hereunder must be made not later than
thirty (30) days before the December 31 that coincides with or immediately
follows the first anniversary of the Participant's death and must be
irrevocable as of such date; provided, however, that if the Beneficiary is the
Participant's surviving spouse, the spouse may defer making such election to
not later than thirty (30) days before the December 31 that coincides with or
immediately follows the first anniversary of the Participant's death or, if later,
the last date on which the spouse could defer commencement of benefits
under subsection (b) above.
7.5.3. Death Prior to Full Distribution. If, at the death of the Participant, any
payment to the Participant was due or otherwise pending but not actually paid, the amount of such
payment shall be included in the Account which is payable to the Beneficiary (and shall not be paid
to the Participant's estate).
7.6. Transfers From This Plan. Notwithstanding any provisions of this Plan to the contrary,
all or any part of a former Participant's Account may, instead of being distributed in accordance with
this Section 7, be transferred to another eligible deferred compensation plan in which the former
Participant has become a participant, if the plan receiving such amounts provides for acceptance of
such transfers and the Participant gives written direction to the Committee to make such transfer.
7.7. Designation of Beneficiaries.
7.7.1. Right to Designate. Each Participant may designate, upon forms to be
furnished by and filed with the Committee, one or more primary Beneficiaries or alternative
Beneficiaries to receive all or a specified part of such Participant's Account in the event of such
Participant's death. The Participant may change or revoke any such designation from time to time
without notice to or consent from any Beneficiary. No such designation, change or revocation shall
be effective unless executed by the Participant and received by the Committee during the
Participant's lifetime.
981209:1301 -14- Plan '98
7.7.2. Failure of Designation. If a Participant:
(a) fails to designate a Beneficiary,
(b) designates a Beneficiary and thereafter revokes such designation without
designating another Beneficiary,-or
(c) designates one or more Beneficiaries and all such Beneficiaries so designated
fail to survive the Participant,
such Participant's Account, or the part thereof as to which such Participant's designation fails, as
the case may be, shall be payable to the Participant's surviving spouse, or, if no spouse survives the'
Participant, then to the representative of the Participant's estate.
7.7.3. Definitions. When used herein and, unless the Participant has otherwise
specified in the Participant's Beneficiary designation, when used in a Beneficiary designation,
"issue" means all persons. who are lineal descendants of the person whose issue are referred to,
subject to the following:
(a) a legally adopted child and the adopted child's lineal descendants always
shall be lineal descendants of each adoptive parent (and of each adoptive
parent's lineal ancestors);
(b) a legally adopted child and the adopted child's lineal descendants never shall
be lineal descendants of any former parent whose parental rights were
terminated by the adoption. (or of that former parent's lineal ancestors);
except that if, after a child's parent has died, the child is legally adopted by
a stepparent who is the spouse of the child's surviving parent, the child and
the child's lineal descendants shall remain lineal descendants of the deceased
parent (and the deceased parent's lineal ancestors);
(c) if the person (or a lineal descendant of the person) whose issue are referred
to is the' parent of a child (or is treated as such under applicable law) but
never received the child into that parent's home and never openly held out the
child as that parent's child (unless doing so was precluded solely by death),
then neither the child nor the child's lineal descendants shall be issue of the
person.
"Child" means an issue of the first generation; "per stirpes" means in equal shares among living
children of the person whose issue are referred to and the issue (taken collectively) of each deceased
child of such person, with such issue taking by right of representation of such deceased child; and
"survive" and "surviving" mean living after the death of the Participant.
981209:1301 —15- Plan '98
7.7.4. Special Rules. Unless the Participant has otherwise specified in the
Participant's Beneficiary designation, the following rules shall apply:
(a) If there is not sufficient evidence that a Beneficiary was living at the time of
the death of the Participant, it'shall be deemed that the Beneficiary was not.
living at the time of the death of the Participant:
(b) The automatic Beneficiaries specified in Section 7.7.2 and the Beneficiaries
designated by the Participant shall become fixed at the time of the
Participant's death so that, if a Beneficiary, survives the Participant but dies
before the receipt of all payments due such Beneficiary hereunder, such
remaining payments shall be payable to the representative of such
Beneficiary's estate. _
(c) If the Participant designates as a Beneficiary the person who is the
Participant's ,spouse on the date of the designation, either by name or by
relationship, or both, and thereafter the marriage between the Participant-and
such person is dissolved, annulled or otherwise legally terminated, then such
person shall be deemed to have predeceased the Participant; provided,
however, that if the Participant designates such person as a Beneficiary on a
form executed by the Participant and received by the Committee after the date
of the legal termination of the marriage between the Participant and such
person, and during the Participant's lifetime, then such person shall not be
deemed to have predeceased the Participant (unless such person shall have
in fact predeceased the Participant).
(d) Any designation of a nonspouse Beneficiary by name that is accompanied by
a description of relationship to the Participant shall be , given. effect without
regard to whether the relationship to the Participant exists either then or at the
Participant's death.
(e) Any designation of a. Beneficiary only by statement of relationship to the
Participant shall be effective only to designate the person or persons standing
in such relationship to the Participant at,the Participant's death.
A Beneficiary designation is permanently void if it either is executed or is filed by a Participant who,
at the time of such execution or filing, is then a minor under the law of the state of the Participant's
legal residence. The Committee, shall be the sole judge of the content, interpretation and validity of
a purported Beneficiary designation.
7.8. Facility of Payment. In case of the legal disability, including minority, 'of a Participant
or Beneficiary entitled to receive any distribution under the Plan, payment shall be made, if the
Committee shall be advised of the existence of such condition:
981209:1301 -16- Plan '98
(a) to the duly appointed guardian, conservator or other legal representative of
such Participant or Beneficiary, or
(b) to a person or institution entrusted with the care or maintenance of the
incompetent or disabled Participant or Beneficiary, provided, however, that
such person or institution has satisfied the Committee that the payment will
be used for the best interest and assist in the care of such Participant or
Beneficiary, and provided further, that no prior claim for said payment has
beeri 'made by -a- -duly appointed guardian, -conservator or- other- legal
representative of such Participant or Beneficiary.
Any payment made in'accordance with the foregoing provisions of this Section shall constitute a
complete discharge of any liability or obligation of the City of Edina and the Committee.
SECTION 8
PLAN ADMINISTRATION
8.1. Committee.
8.1.1. Administrator. The administrator of the Plan shall be the City of Edina.
Except as hereinafter provided, the. City of Edina shall appoint a Committee to act for and on behalf
of the City of Edina with respect to the administration of the Plan. The Committee may- delegate
authority with respect to the administration of the Plan as herein provided as it deems necessary or-
appropriate for the administration and operation of the Plan. Notwithstanding the foregoing, the City
Council of the City of Edina shall have the exclusive authority,, which may not, be delegated, to act
for the City of Edina to amend the Plan and to terminate the Plan. The City Council of the City of
Edina shall also have the exclusive authority, which may not be delegated, to appoint and remove
the members of the Committee as provided below.
8.1.2.. Appointment.and Removal. The members of the Committee shall serve at
the pleasure of the City Council of the City of Edina and shall (unless the City Council of the City
of Edina determines otherwise) consist of those persons designated by the City Council of the City
of Edina. Members. of the Committee shall serve without compensation.
8.1.3. Automatic Removal. If any individual no longer satisfies the requirements
established by the City Council of the City of Edina for serving on the Committee, then such
individual shall be automatically removed as a member of the Committee at the earliest. time such
individual ceases to satisfy such requirements. This removal shall occur automatically and without
any requirement for action by the City Council of the City of Edina or any notice to the individual
so removed.
981209:1301 -17- Plan '98
8.1.4. Authority. The Committee, shall be authorized to act for and on behalf of the
City of Edina with iespect to the administration and operation of the Plan. The Committee shall
have sole discretionary responsibility for the operation, interpretation and administration of the Plan
and for determining eligibility for Plan benefits. Any action taken on any matter within ' the
discretion of the Committee, shall be final, conclusive and binding on all parties. In order to
discharge its duties hereunder, the Committee shall have the power and authority to adopt, interpret,
alter, amend or revoke rules and regulations necessary to administer the Plan, to delegate ministerial
duties and to employ such outside professionals as may be required for prudent administration of the
Plan.
8.2. . Conflict of Interest. If any Employee of,the City of Edina to whom authority has been
delegated or redelegated hereunder shall also be a Participant in the Plan, such Participant shall have
no authority as such Employee or member with respect to any matter specially affecting such
Part icipant's individual interest hereunder or the interest of 'a person superior to him or her in the
organization (as distinguished from the interests of all Participants and Beneficiaries or a broad class
of Participants and Beneficiaries), all such authority being reserved exclusively to the other
Employees or members as the case may be, to the, exclusion of such Participant, and such Participant
shall act only in such Participant's individual capacity in connection with any such matter.
8.3. Spendthrift Provision. No Participant or Beneficiary shall have any interest in any
Account which can be transferred nor shall any Participant or Beneficiary have .any power to
anticipate, alienate, dispose of, pledge or encumber any amounts credited to any Account under the
Plan, nor shall the City of Edina recognize any assignment thereof, either in whole or in part, nor
shall any amounts credited to any Account under the Plan be subject to attachment; garnishment,
execution following judgment or other legal process.
The power to designate Beneficiaries, to "receive the amounts credited to the Account of a Participant
in the event of such Participant's death shall not permiumbe construed to permit such power or right
to be exercised by the Participant so as thereby to anticipate, .pledge, mortgage or encumber. such
Participant's Account or any part thereof, and any attempt of a Participant so to exercise said power
in violation of this provision shall be of no force and effect and shall be disregarded by the City of
Edina.
This Section shall not prevent the City of Edina from exercising, in its discretion, any of the
applicable powers and options granted to it upon the occurrence of a distributable event described
in Section 6. 1, as such powers may be conferred upon it by any applicable provision hereof.
981209:1301 -18- Plan '98
SECTION 9
AMENDMENT AND TERMINATION
9.1. Amendment of Plan. The City of Edina shall have the right to amend the Plan, at any time
and from time to time, in whole or in part in the same manner as any other action which may be
taken by the City of Edina. The City of Edina shall notify the Participants of any Plan amendment.
9.2. Plan Termination. Although the City of Edina has established this Plan with the intention
and expectation to maintain the Plan indefinitely, the City of Edina may terminate or discontinue the
Plan in whole or in part at any time without any liability for such termination or discontinuance.
Upon Plan termination, all Deferrals shall cease. Each Participant's Account shall remain in the
Fund until distribution of benefits commences pursuant to Section 7.
SECTION 10
MISCELLANEOUS
10.1. Claims Procedure. Until modified by the Committee, the claims procedure set forth in
this Section 10.1 shall be the claims procedure for the resolution of disputes and disposition of
claims arising under the Plan. An application for a distribution under Section 7 shall be considered
as a claim for the purposes of this Section.
10.1.1. Original Claim. Any Employee, former Employee, or Beneficiary of such
Employee or former Employee may, if the Employee, former Employee or Beneficiary so desires,
file with the Committee a written claim for benefits under the Plan. Within ninety (90) days after
the filing of such a claim, the Committee shall notify the claimant in writing whether the claim is
upheld or denied in whole or in part or shall furnish the claimant a written notice describing specific
special circumstances requiring a specified amount of additional time (but not more than one
hundred eighty days from the date the claim was filed) to reach a decision on the claim. If the claim
is denied in whole or in part, the Committee shall state in writing:
(a) the specific reasons for the denial,
(b) the specific references to the pertinent provisions of this Plan on which the
denial is based,
(c) a description of any additional material or information necessary for the
claimant to perfect the claim and an explanation of why such material or
information is necessary, and
981209:1301 -19- Plan '98
(d) an explanation of the claims review procedure set forth in this Section.
10.1.2. Claims Review Procedure. Within sixty (60) days after receipt of notice that
the claim has been denied in whole or in part, the claimant may file with the Committee a written
request for a review and may, in conjunction therewith, submit written issues and comments. Within
sixty (60) days after the filing of such a request for review, the Committee shall notify the claimant
in writing whether, upon review, the claim was upheld or denied in whole or in part or shall furnish
the claimant a written notice describing specific special circumstances requiring a specified amount
of additional time (but not more than one hundred twenty days from the date the request for review
was filed) to reach a decision on the request for review.
10.1.3. General Rules.
(a) No inquiry or question shall be deemed to be a claim or a request for a review
of a denied claim unless made in accordance with the claims procedure. The
Committee may require that any claim for benefits and any request for a
review of a denied claim be filed on forms to be furnished by the Committee
upon request.
(b) All decisions on claims and on requests for a review of denied claims shall
be made by the Committee.
(c) The Committee may, in its discretion, hold one or more hearings on a claim
or a request for a review of a denied claim.
(d) Claimants may be represented by a lawyer or other representative at their own
expense, but the Committee reserves the right to require the claimant to
furnish written authorization. A claimant's representative shall be entitled to
copies of all notices given to the claimant.
(e) The decision of the Committee on a claim and on a request for a review of a
denied claim shall be-served on the claimant in writing. If a decision or
notice is not received by a claimant within the time specified, the claim or
request for a review of a denied claim shall be deemed to have been denied.
(f) Prior to filing a claim or a request for a review of a denied claim, the claimant
or the claimant's representative shall have a reasonable opportunity to review
a copy of this Plan and all other pertinent documents in the possession of the
City of Edina and the Committee.
(g) The Committee may, in its discretion, rely upon any applicable statute of
limitations as a basis for denial of any claim.
981209:1301 '20' Plan '98
10.1.4. Exhaustion of Administrative Remedies. No Employee, former Employee,
or Beneficiary of such Employee or former Employee may commence any legal action to recover
Plan benefits or to enforce or clarify rights under the Plan, or under any provisions of law, whether
or not statutory, until the claims and review procedures set forth herein have been exhausted in their
entirety.
10.2. Information Furnished by Participants. Neither the City of Edina nor the Committee
shall be liable or responsible for any error in the computation of the Account of a Participant
resulting from any misstatement of fact made by the Participant, directly or indirectly, to the City of
Edina or the Committee and used by them in determining the Participant's Account. Neither the City
of Edina nor the Committee shall be obligated or required to increase the Account of such Participant
which, on discovery of the misstatement, is found to be understated as a result of such misstatement
of the Participant. However, the Account of any Participant which is overstated by reason of any
such misstatement shall be reduced to the amount appropriate for the Participant in view of the truth
and such amount shall be allocated and reallocated to the Accounts of the Participants in the Plan.
10.3. Term of Employment. Neither the terms of this Plan nor the benefits hereunder nor the
continuance thereof shall be a term of the employment of any Employee. The City of Edina shall
not be obliged to continue the Plan. The terms of this Plan shall not give any Employee the right to
be retained in the employment of the City of Edina.
10.4. Representations. The City of Edina does not represent or guarantee that any particular
federal or state income, payroll, personal property or other tax consequence will result ' from
participation in this Plan. A Participant should consult with professional tax advisors to determine
the tax consequences of participation. Furthermore, the City of Edina does not represent or
guarantee successful investment of Deferrals and shall not be required to restore any loss which may
result from such investment or lack of investment.
10.5. Severability. If a court of competent jurisdiction holds any provision of this Plan to be
invalid or unenforceable, the remaining provisions of this Plan shall continue to be fully effective.
10.6. Applicable Law. This Plan shall be construed in accordance with applicable federal law
and, to the extent otherwise applicable, the laws of the State of Minnesota.
981209:1301
CITY OF EDINA
By
o 1
f
-21-
Plan '98
,`
CERTIFICATION
I, , do hereby certify that I am the of
the City of Edina, a political subdivision of the State of Minnesota, and that by action by the Edina
City Counsel taken on ;1998, the "CITY OF EDINA DEFERRED COMPENSATION
PLAN II (1999 Restatement)" was approved and adopted effective as of January 1, 1999. I further
certify that the document hereto attached is a true and correct copy of the plan document.
981209:1259
, 1998
Plan '98
CITY OF EDINA
DEFERRED COMPENSATION PLAN I1
(1999 Restatement)
First Effective
As Amended and Restated Effective January 1, 1999
981209:1259
Plan '98
CITY OF EDINA
DEFERRED COMPENSATION PLAN II
(1999 Restatement)
TABLE OF CONTENTS
Page
SECTION 1. INTRODUCTION ............... ............................... 1
I.I. Amendment and Restatement
1.2. Definitions
1.2.1.
Account
1.2.2.
Annual Valuation Date
1.2.3.
Beneficiary
1.2.4.
Committee
1.2.5.
Code
1.2.6.
Compensation
1.2.7.
Deferral
1.2.8:
Disability
1.2.9.
Effective Date
1.2.10.
Employee
1.2.11.
Enrollment Date
1.2.12.
Fund
1.2.13.
Normal Retirement Date
1.2.14.
Participant
1.2.15.
Plan
1.2.16.
Plan Year
1.2.17.
Retirement Savings Agreement
1.2.18.
Trust
1.2.19.
Trustee
1.2.20.
Valuation Date
1.3. Rules of Interpretation
SECTION 2. PARTICIPATION ............... ............................... 4
2.1. Eligibility
2.2. Enrollment
981209:1259 -1- Plan '98
SECTION 3. CONTRIBUTIONS .............................................. 5
3.1. Deferred Compensation
3.1.1. Deferral Election
3.1.2. Primary Limitations
3.1.3. ' Catch -Up Limitations
3.1.4. Coordination with Other Plans
3.2. Minimum Deferrals
3.3. Modifications of Deferrals
3.3.1. Increase or Decrease
3.3.2. Cancellation
3.4. Leaves of Absence
3.5. Transfers Into This Plan
3.6. Trust Requirements
3.6.1. Exclusive Benefit
3.6.2. Custodial Accounts and Annuity Contracts
3.6.3. The Trust Agreement
3.6.4. Contributions to the Trust
SECTION 4.
SECTION 5.
SECTION 6.
INVESTMENT AND ADJUSTMENT OF ACCOUNTS ................ 8
4.1. Investment of Funds
4.1.1. Investments
4.1.2. Establishing Commingled Subfunds
4.1.3. Operational Rules
4.1.4. Investment Options
4.2. Valuation and Adjustment of Accounts
4.2.1. Valuation of Fund
4.2.2. Adjustment of Accounts
4.3. Management and Investment of Fund
VESTING OF ACCOUNT ........................................ 9
5.1. Vested Benefit
5.2. Limitation on Benefits
DISTRIBUTIONS ................ .............................10
6.1.
Distribution Requirements
6.2.
Separation from Service
6.3.
Unforeseeable Emergencies
981209:1259 -11- Plan '98
SECTION 7. DISTRIBUTION OF BENEFITS .. ............................... 11
7.1. Application for Distribution
7.2. Commencement of Benefits
7.2.1. Defer Commencement of Distribution
7.2.2. Additional Deferral Election
7.2.3. In- Service Distribution
7.3. Required Beginning Date
7.4. Forms of Distribution
7.4.1. Forms Available
7.4.2. Required Lump Sum
7.4.3. Default
7.5. Death Benefits
7.5.1. Death After Commencement of Benefits
7.5.2. Death Before Commencement of Benefits
7.5.3. Death Prior to Full Distribution
7.6. Transfers From This Plan
7.7. Designation of Beneficiaries
7.7.1. Right to Designate
7.7.2. Failure of Designation
7.7.3. Definitions
7.7.4. Special Rules
7.8. Facility of Payment
SECTION 8. PLAN ADMINISTRATION ...... ............................... 17
8.1. Committee
8.1.1. Administrator
8.1.2. Appointment and Removal
8.1.3. Automatic Removal
8.1.4. Authority
8.2. Conflict of Interest
8.3. Spendthrift Provision
SECTION 9. AMENDMENT AND TERMINATION ............................ 19
9.1. Amendment of Plan
9.2. Plan Termination
981209:1259 -iii- Plan '98
CITY OF EDINA
DEFERRED COMPENSATION PLAN II
(1999 Restatement)
SECTION 1
INTRODUCTION
1.1. Amendment and Restatement. Effective on or about , the CITY OF
EDINA, a political subdivision of the State of Minnesota, established a deferred compensation plan
for the exclusive benefit of covered employees known as the "CITY OF EDINA DEFERRED
COMPENSATION PLAN II" (the "Plan"). The Plan is intended to be an eligible deferred
compensation plan under,section 457(b) of the Internal Revenue Code of 1986, as amended, and the
regulations thereunder, and other applicable law.
The City of Edina hereby amends and restates the Plan and continues it as of the Effective Date. The
Plan as so continued, amended and restated shall not be construed to affect the rights or benefits of
any employee, person or beneficiary who may have retired or terminated employment prior to the
Effective Date, nor shall the Plan as so amended, restated and continued affect the rights or benefits
of any person or beneficiary whose entitlements are dependent upon a person, employee-or
beneficiary who retired or terminated employment prior to the Effective Date.
1.2. Definitions. When the following terms are used herein with initial capital letters, they shall
have the following meanings:
1.2.1. Account — shall mean a Participant's entire interest in the Fund, to which
are credited the contributions made by the City of Edina on behalf of the Participant pursuant to the
Participant's deferral elections made pursuant to Section 3.1 or any assets transferred into the Fund
pursuant to Section 3.5, adjusted with any earnings or losses thereon.
1.2.2. Annual Valuation Date — shall mean each December 31.
1.2.3. Beneficiary— shall mean the person or persons designated by a Participant
(or automatically by operation of the Plan) to receive the benefits payable under this Plan in the event
of the Participant's death prior to full distribution thereof. A person so designated shall not be
considered a Beneficiary until the death of the Participant.
1.2.4. Committee — shall mean the person or persons appointed by the City of
Edina under Section 8.1.
981209:1259 Plan '98
1.2.5. Code — shall mean the Internal Revenue Code of 1986, as amended, and
includes any regulations thereunder.
1.2.6. Compensation — shall mean all earnings from services rendered by the
Employee to the City of Edina, including but not limited to the gross salary of the Employee, prior
to any deduction for federal or state income tax, Social Security contributions, or pension plan
contributions; subject, however, to the following:
(a) Pre - Participation Employment. Remuneration paid by the City of Edina
attributable to periods prior to the date the Participant became a Participant
in the Plan shall not be taken into account in determining the Participant's
Compensation.
(b) Attribution to Periods. A Participant's Compensation shall be considered
attributable to the period in which it is actually paid and not when earned or
accrued; provided, however, amounts earned but not paid in a Plan Year
because of the timing of pay periods and pay days may be included in the
Plan Year when earned if these amounts are paid during the first few weeks
of the next Plan Year, the amounts are included on a uniform and consistent
basis with respect to all similarly situated Participants and no amount is
included in more than one Plan Year.
(c) Excluded Periods. Amounts received after the Participant's termination of
employment shall not be taken into account in determining a Participant's
Compensation.
(d) Annual Maximum. A Participant's Compensation for a Plan Year shall not
exceed the annual compensation limit under section 401(a)(17) of the Code.
A Participant's Compensation for a Plan Year shall not exceed the annual
compensation limit under section 401(a)(17) of the Code. For purposes of
the foregoing, the annual compensation limit under section 401(a)(17) of the
Code shall be $150,000 adjusted for cost of living increases pursuant to
section 401(a)(17)(B) of the Code.
1.2.7. Deferral — shall mean the amount of Compensation not yet earned, which
the Participant and the City of Edina mutually agree shall be deferred in accordance with the
provisions of the Plan and pursuant to the Retirement Savings Agreement.
1.2.8. Disability — shall mean a medically determinable physical or mental
impairment which: (i). renders the individual incapable of performing any substantial gainful
employment, (ii) can be expected to be of long- continued and indefinite duration or result in death,
and (iii) is evidenced by a certification to this effect by a doctor of medicine approved by the
Committee. In lieu of such a certification, the Committee may accept, as proof of Disability, the
981209:1259 -2- Plan X98
official written determination that the individual will be eligible for disability benefits under the
federal Social Security Act as now enacted or hereinafter amended' (when any waiting period
expires). Notwithstanding the foregoing, no Participant will be considered to have a Disability
unless such doctor's determination or official Social Security determination is received by the
Committee within twelve (12) months after the Participant's last day of active work with the City
of Edina. The Committee shall determine the date on which the Disability shall have occurred if
such determination is necessary.
1.2.9. Effective Date — shall mean January 1, 1999.
1.2.10. Employee — shall mean any person who is employed by the City of Edina.
1.2.11. Enrollment Date — shall mean the first day of a payroll period or such other
dates as the Committee may designate.
1.2.12. Fund — shall mean the assets of the Plan, including all contributions and the
investments and reinvestments, earnings and profits thereon.
1.2.13. Normal Retirement Date — shall mean the Participant's retirement from
service with the City of Edina which becomes effective on the first day of the calendar month
following the attainment of the Participant's normal retirement age. Normal retirement age for
purpose of this Plan is age sixty -five (65) years.
1.2.14. Participant — shall mean an Employee of the City of Edina who is
designated as eligible to participate in this Plan and elects to participate in accordance with the terms
of this Plan and becomes a Participant in the Plan in- accordance with the provisions of Section 2.
An Employee who has become a Participant shall be considered to continue as a Participant in the
Plan until the date of the Participant's death or, if earlier, the date when the Participant is no longer
employed by the City of Edina and upon which the Participant no longer has an y Account under the
Plan (that is, the Participant has received a distribution of all of the Participant's. Account).
1.2.15. . Plan — shall mean the deferred compensation plan maintained by the City
of Edina established for the benefit of Participants eligible to participate therein, as set forth in this
Plan, and is referred to as the "CITY OF EDINA DEFERRED COMPENSATION PLAN 11 (1999
Restatement)."
1.2.16. Plan Year — shall mean the twelve (12) consecutive month period ending
on the last day of December in each year.
1.2.17. _ Retirement Savings Agreement — shall mean the written agreement
between the City of Edina and the Participant to defer receipt of Compensation not yet earned (the
Deferral) under the terms of this Plan.
981209:1259 -3- Plan '98
1.2.18. Trust — shall mean the Trust described in Section 3.6. The Trust shall be
treated as a tax - exempt trust under section 501(a) of the Code and shall be used for the purpose of
holding assets and income of the Plan but shall not cause the amounts to be includable in the gross
income of Participants and Beneficiaries merely because such amounts are held in the Trust.
1.2.19. Trustee — shall mean the City of Edina or the corporation or person or
persons selected by the City of Edina to serve as Trustee for the Trust.
1.2.20. Valuation Date — shall mean the last day of each month of the Plan Year
and such other dates as the Committee may, from time to time, determine.
1.3. Rules of Interpretation. An individual shall be considered to have attained a given age
on the individual's birthday for that age (and not on the day before). The birthday of any individual
born on a February 29 shall be deemed to be February 28 in any year that is not a leap year.
Notwithstanding any other provision of this Plan or any election or designation made under the Plan,
any individual who feloniously and intentionally kills a Participant or Beneficiary shall be deemed
for all purposes of this Plan and all elections and designations made under this Plan to have died
before such Participant or Beneficiary. A final judgment of conviction of felonious and intentional
killing is conclusive for the purposes of this Section. In the absence of a conviction of felonious and
intentional killing, the Committee shall determine whether the killing was felonious and intentional
for the purposes of this Section. Whenever appropriate, words used herein in the singular may be
read in the plural, or words used herein in the plural may be read in the singular; the masculine may
include the feminine and the feminine may include the masculine; and the words "hereof," "herein"
or "hereunder" or other similar compounds of the word "here" shall mean and refer to this entire
Plan and not to any particular paragraph or Section of this Plan unless the context clearly indicates
to the contrary. The titles given to the various Sections of this Plan are inserted for convenience of
reference only and are not part of this Plan, and they shall not be considered in determining the
purpose, meaning or intent of any provision hereof. Any reference in this Plan to a statute or
regulation shall be considered also to mean and refer to any subsequent amendment or replacement
of that statute or regulation. This document has been executed and delivered in the State of
Minnesota and has been drawn in conformity to the laws of that State and shall, except to the extent
that federal law is controlling, be construed and enforced in accordance with the laws of the State
of Minnesota.
SECTION 2
PARTICIPATION
2.1. Eligibility. Each Employee of the City of Edina shall be eligible to participate in the Plan
on the first day of the month next following commencement of employment.
981209:1259 -4- Plan '98
2.2. Enrollment. Eligible Employees may enroll in the Plan by completing a Retirement
Savings Agreement and delivering the same to the City of Edina not less than fifteen (15) days (or
such other period as the City of Edina may designate) prior to the Enrollment Date the forms are to
be effective, which Agreement must be accepted by the City of Edina. Compensation . for any
calendar month will be deferred only if a Retirement Savings Agreement providing for such deferral
has been entered into before the beginning of such month.
SECTION 3
CONTRIBUTIONS
3.1. Deferred Compensation.
3.1.1. Deferral Election. Elections to defer Compensation under the Plan shall be
made in writing by completing a Retirement Savings Agreement. Such elections may. be revised or
terminated by completing a new Retirement Savings Agreement. A Participant's Retirement Savings
Agreement and the various elections and selections made thereon shall not become effective unless
acceptance thereof by the City of Edina in its sole discretion is acknowledged in writing. A
Participant's election to terminate a prior Retirement Savings Agreement shall be effective upon
delivery to the City of Edina.. An election to reduce or terminate a prior Retirement Savings
Agreement shall in no event, be effective with respect to Compensation for services rendered during
a period of service commencing prior to the date of such election.
3.1.2. Primary Limitations. The maximum amount that may be deferred under this
Plan for any Participant for any taxable year shall not exceed the lesser of $7,500 (adjusted for the
calendar year to reflect increases in cost of living in accordance with sections 457(e)(15) and 415(d)
of the Code) or thirty- three and one third percent (33 71/3 %) of the Participant's "includible
compensation" for the taxable year, reduced by any amount excludable from the Employee's gross
income for the taxable year under section 403(b) of the Code on account of contributions made by
the City of Edina. For purposes of this Section 3. 1, "includible compensation" means compensation
for services performed for the City of Edina which is currently includable in gross income as
determined under section 457(e)(5) of the Code. Accordingly, "includable compensation" for a
taxable year does not include an amount payable by the City of Edina that is excludable from the
Employee's gross income under section 457(a) or under section 403(b) of the Code.
3.1.3. Catch -Up Limitations. For each of the last three (3) Plan Years ending
before the Participant attains normal retirement age (as defined in Section 1.243), the maximum
amount may be increased to the lesser of:
(a) $15,000, reduced by any amount excludable from the Participant's gross
income for the taxable year under section 403(b) of the Code on account of
contributions made by the City of Edina; or
981209:1259 -5- Plan '98
(b) the sum of-
(i) the maximum deferred amount established under Section 3.1.2, and
(ii) unused maximum deferrals for prior taxable years.
3.1.4. Coordination with Other Plans. If a Participant participates in more than
one section 457 plan, the maximum amount that may be deferred under all such plans shall not
exceed $7,500 (as adjusted under section 457(e)(15) of the Code for cost of living increases and
subject to modification under Section 3.1.3, which also shall apply to all section 457 plans in which
the Participant participates). If a Participant participates in a plan described in section 457(c)(2) of
the Code, amounts deferred by the Participant to such plans and excluded from the Participant's
gross income in any taxable year under such plans shall reduce the primary limitation amount and
the catch -up limitation amount under this Section 3.1. Such amounts shall be so reduced, however,
only to the extent the Participant has notified the Committee in writing of such participation in other
plans; provided that such notice shall not be required for any plan sponsored by the City of Edina.
3.2. Minimum Deferrals. The Committee may, from time to time, establish minimum
Deferrals for Participants.
3.3. Modifications of Deferrals. The Retirement Savings Agreement of a Participant may be
modified as follows.
3.3.1. Increase or Decrease. A Participant may, upon giving prior written notice
to the Committee, amend the Retirement Savings Agreement to increase or decrease the amount of
Deferral as of any subsequent Enrollment Date.
3.3.2. Cancellation. A Participant who has a Retirement Savings Agreement in
effect may, upon giving prior written notice to the Committee, completely terminate Deferrals as of
the first day of any month. Any such termination must remain in effect for at least twelve (12)
months. Thereafter, the Participant may, upon giving -prior written notice to the Committee,
complete a new Retirement Savings Agreement to be effective as of any subsequent Enrollment
Date.
3.4. Leaves of Absence. Unless written notice of cancellation is received in accordance with
Section 3.3.2, the Participant's Retirement Savings Agreement will remain in effect during an
approved leave of absence with Compensation. A leave of absence of more than six (6) months
without Compensation will result in the automatic cancellation of the Participant's Retirement
Savings Agreement. If a Participant returns to employment after such leave of absence and desires
to again enroll in the Plan, the Participant will be required to complete a Retirement Savings
Agreement and deliver the Agreement to the Committee by the next available Enrollment Date or
any other Enrollment Date in accordance with Section 2.2 of the Plan.
981209:1259 -6- Plan '98
3.5. Transfers Into This Plan. This Plan will accept amounts accrued on behalf of a
Participant under a plan maintained by another employer that is an "eligible deferred compensation
plan" (as defined in section 457(a) of the Code)-as permitted under section 457(e)(10) of the Code
and section 1.457 -2(k) of the Regulations. Such amounts will be credited to the Account of the
Participant, invested pursuant to Section 4 and distributed pursuant to Section 7.
3.6. Trust Requirements.
3.6.1. Exclusive Benefit. Notwithstanding any contrary provision of the Plan but
subject to the provisions in this Section 3.6, in accordance with section 457(g) of the Code, all
amounts of Compensation deferred pursuant to the Plan, all property and rights purchased with such
amounts, and all income attributable to such amounts, property, or rights shall be held in trust for
the exclusive benefit of Participants and Beneficiaries under the Plan. Any Trust under the Plan shall
be established pursuant to a written agreement that constitutes a valid trust under the law of the State
of Minnesota.
All amounts of Compensation deferred under the Plan shall be transferred to the Trust
established under the Plan within a period that is not longer than is reasonable for the proper
administration of the accounts of the Participants. To comply with this requirement, all amounts of
Compensation deferred under the Plan shall be transferred to the Trust established under the Plan
not later than 15 business days after the end of the month in which the Compensation would
otherwise have been paid to the Employee.
3.6.2. Custodial Accounts and Annuity Contracts. For purposes of the trust
requirements of section 457(g)(1) of the Code, custodial accounts and annuity contracts described
in section 401(f) of the Code will be treated as trusts under rules similar to the rules under section
401(f) of the Code. Section 1.401(f) -1(b) of the Regulations contains requirements that a .custodial
account or an annuity contract must satisfy to be treated as a trust. For purposes of applying the rules
of section 401(f) of the Code under section 457(g) of the Code, the requirements under section
1.401(f) -1(b) of the Regulations generally will be used to determine whether a custodial account or
annuity contract meets the requirements of section 457(g)(3) of the Code.
The use of a custodial account or annuity, contract as part of the Plan does not preclude the
use of a trust_ or another custodial account or annuity contract as part of the same Plan, provided that
all such vehicles satisfy the requirements of subsections 457(g)(1) and (3) of the Code and all assets
and income of the Plan are held in such vehicles.
3.6.3. The Trust Agreement. The City of Edina.reserves the right to select the
Trustee, remove a Trustee, and amend the Trust Agreement from time to time and at any time as
provided under the Trust Agreement. Such Trust shall be established on or before January 1, 1999.
The rights and obligations of. the Trustee shall be determined solely under the terms of the Trust
Agreement.
981209:1259 —7— Plan '98
3.6.4. Contributions to the Trust. The terms of the Trust established in connection
with this Plan must make it impossible, prior to the satisfaction of all liabilities with respect to
Participants and their Beneficiaries, for any part of the assets and income of such Trust to be used
for, or diverted to, purposes other than for the exclusive benefit of the Participants and their
Beneficiaries. No part of the contributions that the City of Edina makes under the Plan shall be
available to the City of Edina for any purpose except for providing benefits under the Plan to
Participants and Beneficiaries under the Plan until all such liabilities have been satisfied in full. If
any contribution to the Plan is made by reason of a mistake of fact, then there shall be calculated the
excess of the amount contributed over the amount that would have been contributed had there not
occurred a mistake in determining the deduction or a mistake of fact. The Committee, at its election,
may direct the Trustee to return such excess, adjusted for its pro rata share of any net loss (but not
any net gain) in the value of the Fund which accrued while such excess was held therein, to the City
of Edina within one (1) year of the disallowance of the deduction or the mistaken payment of the
contribution, as the case may be.
SECTION 4
INVESTMENT AND ADJUSTMENT OF ACCOUNTS
4.1. Investment of Funds.
4.1.1. Investments. Amounts held in the Trust, or in custodial accounts or annuity
contracts described in section 401(f) of the Code, shall be invested in accordance with the provisions
of suchTrust, custodial accounts, or annuity contracts and in any of the investment funds available
under such funding vehicle or vehicles. The investment vehicle and the funds available under such
vehicle may be governed by state law, in which event, state law shall govern the investment of such
amounts.
4.1.2.. Establishing Commingled Subfunds. Subject to applicable state law, at the
direction of the Committee, the Fund shall be divided into two (2) or more subfunds, which shall
serve as vehicles for the investment of Participants' Accounts. The Committee shall determine the
general investment characteristics and objectives of each subfund and, with respect to each subfund,
shall designate one or more selected pooled investment vehicles (such as collective funds, group
trusts, mutual funds and separate accounts under insurance contracts) to constitute such subfund.
The Committee shall have complete investment discretion over such subfund, subject to applicable
state law and to the general investment characteristics and objectives established for the particular
subfund.
4.1.3. Operational Rules. In accordance with rules and subject to applicable state
law, the Committee shall determine the circumstances under which a particular subfund may be
elected, or shall be automatically utilized, the minimum or maximum amount or percentage of an
981209:1259 -8- Plan '98
Account which may be invested in a particular subfund, the procedures for making or changing
investment elections, the extent (if any) to which Beneficiaries of deceased Participants may make
investment elections and the effect of a Participant's or Beneficiary's failure to make an effective
election with respect to all or any portion of an Account. Any amounts deferred (including amounts
previously deferred) under the Plan will not be considered made available to the Participant solely
because the Participant is permitted to choose among various investment modes under the Plan for
the investment of such amounts whether before or after payments have commenced under the Plan
in accordance with section 1.457- 1(b)(1) of the Regulations.
4.1.4. Investment Options. Subject to applicable state law, the Committee shall
have ' the power, from time to time, to dissolve subfunds, to direct that additional subfunds be
established and, under rules established by the Committee, to withdraw or limit participation in a
particular subfund.
4.2. Valuation and Adjustment of Accounts.
4.2.1. Valuation of Fund. Subject to applicable state law and the rules governing
plans and investment vehicles authorized and created pursuant to such state law, each subfund shall
be valued from time to time (but not less frequently than each Annual Valuation Date), which
valuation shall reflect, as nearly as possible, the then fair market value of the assets comprising such
subfund (including income accumulations therein).
4.2.2. Adjustment of Accounts. Subject to applicable state law and the rules
governing plans and investment vehicles authorized and created pursuant to such state law, the City
of Edina, shall cause the value of each Account or portion of an Account invested in a particular
subfund (including undistributed Accounts) to be increased (or decreased) from time to time for
distributions, contributions, investment gains (or losses) and expenses charged to the Account.
4.3. Management and Investment of Fund. Subject to applicable state law and the rules
governing plans and investment vehicles authorized and created pursuant to such state law, the Fund,
together with all additional contributions made thereto and together with all net income thereof, shall
be controlled, managed, invested, reinvested and ultimately paid and distributed to Participants and
Beneficiaries, by, or at the direction of, the Committee.
SECTION 5
VESTING OF ACCOUNT
5.1. Vested Benefit. A Participant shall be considered to be 100% vested in his or her Account.
For purposes of this provision, the term "vested" means an interest in the benefit described under
the Plan which may be payable to or on behalf of the Participant in accordance with the terms of the
Plan and section 457 of the Code.
981209:1259 -9- Plan '98
5.2. Limitation on Benefits. The benefits that may be payable to or on behalf of a Participant
under the Plan shall be equal to the amounts credited to the Participant's Account in accordance with
the terms of the Plan and the requirements of section 457 of the Code.
SECTION 6
DISTRIBUTIONS
6.1. Distribution Requirements. A Participant may not receive a distribution of any amounts
deferred under the Plan prior to the occurrence of a distributable event set forth in this Section 6.1.
Amounts credited to a Participant's Account shall become distributable in accordance with Section 7
upon the earliest to occur of any of the following events while in the employment of the City of
Edina:
(a) the Participant's "separation from service" with the City of Edina, whether
voluntary or involuntary, as determined in accordance with Section 6.2;
(b) the calendar year in which the Participant attains age 70 -1/2; or
(c) when the Participant is faced with an "unforeseeable emergency," as
determined in accordance with Section 6.3.
6.2. Separation from Service. Under the regulations for section 457, an Employee is separated
from service with the City of Edina if there is a separation from service within the meaning of
section 402(d)(4)(A)(iii) of the Code, relating to lump sum distributions. A separation generally will
not be found unless there is a change in the employment relationship in more than a formal or
technical sense. Furthermore, in general, an Employee is not separated from service where the
Employee continues the same job in the same work environment with a different employer as a result
of a merger, liquidation or other similar circumstances and the new employer continues the plan (this
is referred to as the "same desk" rule). An Employee is generally considered to be separated from
service if the Employee's employment duties with the new employer are substantially different from
the employment duties performed for the former employer. A distribution is also considered to be
made due to separation from service if it is made on account of the Participant's death or retirement.
6.3. Unforeseeable Emergencies. A Participant may accelerate the payment of an amount
remaining payable to the Participant under the Plan in the event of an "unforeseeable emergency,"
as defined in section 1.457- 2(h)(4) of the Regulations. Section 1.457- 2(h)(4) of the Regulations
defines "unforeseeable emergency" as severe financial hardship to the Participant resulting from a
sudden and unexpected illness or accident of the Participant or of a dependent (as defined in section
152(a)) of the Participant, loss of the Participant's property due to casualty, or other similar
extraordinary and unforeseeable circumstances arising as a result of events beyond the control of the
981209:1259 -10- Plan '98
Participant. The circumstances that will constitute an unforeseeable emergency will depend upon
the facts of each case, but, in any case, payment may not be made to the extent that such hardship
is or may be relieved (i) through reimbursement or compensation by insurance or otherwise, (ii) by
liquidation of the Participant's assets, to the extent the liquidation of such assets would. not itself
cause severe financial hardship, or (iii) by cessation of deferrals under the Plan. Examples of what
are not considered to be unforeseeable emergencies include the need to send a Participant's child to
college or the desire to purchase a home. Furthermore, in accordance with section 1.457- 2(h)(5) of
the Regulations, withdrawals of amounts because of an unforeseeable emergency will be permitted
only to the extent reasonably needed to satisfy the emergency need..
SECTION 7
DISTRIBUTION OF BENEFITS
7.1. Application for Distribution. No distribution shall be made from the Plan until the
Committee has received a written application for distribution from the Participant or the Beneficiary
entitled to receive a distribution (the "Distributee "). The Committee may prescribe rules regarding
the form of such application, the manner of filing such application and the information required to
be furnished in connection with such application.
7.2. Commencement of Benefits. Generally, distribution of benefits to a Participant shall
commence as of the earlier of. (a) sixty (60) days after the date on which the Participant incurs a
separation from service with the City of Edina, or (b) the end of the calendar year in which the
Participant attains age 70 -1/2 years.
7.2.1. Defer Commencement of Distribution. Subject to Section 7.2.2, pursuant,
to section 1.457 -1(b) of the Regulations, amounts will not be considered to be made available to a
Participant if the Participant irrevocably elects, prior to the time the amounts become payable under
the Plan, to defer the payment to a fixed and determinable future time. For this purpose, the time
at which amounts become payable, the "first permissible payout date," is the earliest date on which
the Plan permits payments to begin after separation from service, disregarding payments to a
Participant who has. an unforeseeable emergency or attains age 70 -1/2, or under the'in- service
distribution provisions of the Plan described in Section 7.2.3 below.
7.2.2. Additional Deferral Election. Pursuant to section 457(e)(9)(B) of the Code,
the amount payable, to a Participant under the Plan shall not be treated as made available merely
because the Participant may make an additional election, after the first permissible payout date
described in Section 7.2.1, to defer the commencement of distributions so long as this additional
deferral election is made before distributions begin. If a Participant has elected, in accordance with
Section 7.2.1 of the Plan, to defer the commencement of distributions beyond the first permissible
payout date, then the Participant may make an additional election to further defer the commencement
of distributions, provided that the election is filed before distributions actually begin and the later
981209:1259 -11- Plan '98
commencement date meets the required distribution commencement date provisions of sections
401(a)(9) and 457(d)(2) of the Code. A Participant may not make more than one such additional
deferral election after the first permissible payout date. For purposes of the preceding provisions,
the "first permissible payout date" is defined in Section 7.2.1. Only one additional deferral election
under section 457(e)(9)(B) of the Code can be made after the end of the period in which a Participant
may make deferral elections under section 457(d)(1)(A) of the Code and section 1.457 -1(b) of the
Regulations. A Participant shall not be precluded from making an additional deferral election under
section 457(e)(9)(B) of the Code merely because the Participant has previously received a hardship
distribution under section 457(d)(1)(A) of the Code and the provisions of the Plan or has made other
deferral elections prior to separation from service. The additional deferral election under section
457(e)(9)(B) of the Code is not available if the Participant has separated from service and
distributions have begun. The additional deferral election under section 457(e)(9)(B) of the Code
permits the Participant to elect only to defer, and not to accelerate, commencement of distributions
under the Plan.
7.2.3. In- Service Distribution. Notwithstanding anything in this Section 7.2 to the
contrary but subject to section 457(e)(9)(A) of the Code, a Participant who is an active Employee
shall receive a distribution of the total amount payable to the Participant under the Plan if the
following requirements are met:
(a) the total amount payable to the Participant under the Plan does not exceed
$5,000 (or the dollar limit under section 411(a)(11) of the Code, if greater);
(b) the Participant has not previously received an in- service distribution of the
total amount payable to the Participant under the Plan;
(c) no amount has been deferred under the Plan with respect to the Participant
during the two -year period ending on the date of the in- service distribution;
and
(d) the Participant elects to receive the distribution.
7.3. Required Beginning Date. Notwithstanding anything in the Plan to the contrary, benefits
must commence no later than the later of:
(a) sixty (60) days after the close of the Plan Year in which the Participant attains
(or would have attained) normal retirement age (as defined in Section 1.2.13),
or
(b) sixty (60) days after the close of the Plan Year in which the Participant
separates from service (as described in Section 6.2) with the City of Edina.
981209:1259 —12— Plan '98
7.4. Forms of Distribution.
7.4.1. Forms Available. The Committee shall make distribution of the Participant's
Account to the Participant or, in the event of the Participant's death, the Beneficiary in the form
elected by the Participant prior to the date on which benefits are scheduled to commence. Absent
a payment option election by the Participant, the payment shall be made in accordance with 'the form
elected by the Beneficiary prior to the date on which benefits are scheduled to commence. Benefits
may be paid in a lump sum or any annuity mutually agreeable to the Participant or Beneficiary and
the City of Edina.-
7.4:2. Required Lump-Sum. If the value of the Participant's Account has never
exceeded $5,000, distribution shall be- made in a single lump sum payment.
7.4.3. . Default. Absent a timely written designation of the form for distribution
(including reasons entirely beyond the control of the Participant), benefits will be payable as a life
annuity with one hundred twenty (120) monthly payments certain.
7.5. Death Benefits.
7.5.1. Death After Commencement of Benefits. If a Participant dies after payment
of benefits has commenced, the remaining portion will be distributed to the Participant's designated
Beneficiary at least as rapidly as the method of distribution elected by the Participant prior to death.
7.5.2. Death Before Commencement of Benefits. If a Participant dies before
payment of benefits has commenced, any benefits payable after the Participant's death will be
distributed not later than the December 31 coinciding with or immediately following the fifth (5th)
anniversary of the Participant's death, except to the extent that the Beneficiary elects to receive
payment in accordance with ,the following:
(a) Any portion of the Participant's interest which is payable to the Participant's
Beneficiary may be distributed in substantially equal annual installments over
the life of the Beneficiary, or over a period not extending beyond the life .
expectancy of the Beneficiary, commencing not later than the December 31
coinciding with or immediately following the first anniversary of. the
Participant's death; provided, however, that if the Beneficiary is not the
Participant's surviving spouse, payment of the Participant's entire Account
must be paid to such Beneficiary during a period not to exceed fifteen years.
For purposes of this subsection (a) and Section 7.5.2, the life expectancy of
the Beneficiary shall not be recalculated once benefits commence; provided,
however, that if the Beneficiary is the Participant's surviving spouse, the
surviving spouse may give written notice to the Committee not later than
thirty (30) days before the date benefits commence that the life expectancy
981209:1259 —13' Plan '98
of the surviving spouse shall be recalculated (but not more frequently than
annually).
(b) Notwithstanding subsection (a) above, if the Beneficiary is the Participant's
surviving spouse, the spouse may elect to defer distributions to not later than
the December 31 that coincides with or immediately follows the later of the
date on which the Participant would have attained age seventy and one -half
(70 -1/2) years, or the first anniversary of the Participant's death, and, if the
spouse dies before payments begin, subsequent distributions shall be made
as if the spouse had been the Participant.
(c) Any election made by a Beneficiary hereunder must be made not later than
thirty (30) days before the December 31 that coincides with or immediately
follows the first anniversary of the Participant's death and must be
irrevocable as of such date; provided, however, that if the Beneficiary is the
Participant's surviving spouse, the spouse may defer making such election to
not later than thirty (30) days before the December 31 that coincides with or
immediately follows the first anniversary of the Participant's death or, if later,
the last date on which the spouse could defer commencement of benefits
under subsection (b) above.
7.5.3. Death Prior to Full Distribution. If, at the death of the Participant, any
payment to the Participant was due or otherwise pending but not actually paid, the amount of such
payment shall be included in the Account which is payable to the Beneficiary (and shall not be paid
to the Participant's estate).
7.6. Transfers From This Plan. Notwithstanding any provisions of this Plan to the contrary,
all or any part of a former Participant's Account may, instead of being distributed in accordance with
this Section 7, be transferred to another eligible deferred compensation plan in which the former
Participant has become a participant, if the plan receiving such amounts provides for acceptance of
such transfers and the Participant gives written direction to the Committee to make such transfer.
7.7. Designation of Beneficiaries.
7.7.1. Right to Designate. Each Participant may designate, upon forms to be
furnished by and filed with the Committee, one or more primary Beneficiaries or alternative
Beneficiaries to receive all or a specified part of such Participant's Account in the event of such
Participant's death. The Participant may change or revoke any such designation from time to time
without notice to or consent from any Beneficiary. No such designation, change or revocation shall
be effective unless executed by the Participant and received by the Committee during the
Participant's lifetime.
981209:1259 -14- Plan '98
7.7.2. Failure of Designation. If a Participant:
(a) fails to designate a Beneficiary,
(b) designates, a Beneficiary, and thereafter revokes such designation without
designating another Beneficiary, or
(c) designates one or more Beneficiaries and all such Beneficiaries so designated
fail to survive the Participant, '
such Participant's Account, or the part thereof as to which such Participant's designation fails, as
the case may be, shall be payable to the Participant's surviving spouse, or if no spouse survives the
Participant, then to the representative of the Participant's estate.
7.7..3. Definitions. When used herein and, unless the Participant has otherwise
specified in the Participant's Beneficiary designation, when used in a Beneficiary designation,
"issue" means all persons who are lineal descendants of the person whose issue are referred to,
subject to the following:
(a) a legally adopted child and the adopted child's lineal descendants always
shall be lineal descendants of each adoptive parent (and of each adoptive
parent's lineal ancestors);
(b) a legally adopted child and the adopted child's lineal descendants never shall
be lineal descendants of any former parent whose parental rights were
terminated by the adoption (or. of that former parent's lineal ancestors);
except that if, after a child's parent has died, the child is legally adopted by
a stepparent.who is the spouse of the child's surviving parent, the child and
the child's lineal descendants shall remain lineal descendants of the deceased
parent (and the deceased parent's lineal ancestors);
(c) if the person (or a lineal descendant of the person) whose issue are referred
to is the parent of a child (or is treated as such under applicable law) but
never received the child into that parent's home and never openly held out the
child as that parent's child (unless doing so was precluded solely by death),
then neither the child nor the child's lineal descendants shall be issue of the
person.
"Child" means an issue of the first generation; "per stirpes" means in equal shares among living
children of the person whose issue are referred to and the issue (taken collectively) of each deceased
child of such person, with such issue taking by right of representation of such deceased child; and
"survive" and "surviving" mean living after the death of the Participant.
981209:1259 —15- Plan '98
7.7.4. Special Rules. Unless the Participant has otherwise specified in the
Participant's Beneficiary designation, the following rules shall apply:
(a) If there is not sufficient evidence that a Beneficiary was living at the time of
the death of the Participant, it shall be deemed that the Beneficiary was not
living at the time of the death of the Participant.
(b) The automatic Beneficiaries specified in Section 7.7.2 and the Beneficiaries
designated by the Participant shall become fixed at the time of the
Participant's death so that, if a Beneficiary survives the Participant but dies
before the receipt of all payments due such Beneficiary hereunder, such
remaining payments shall be payable to the representative of such
Beneficiary's estate.
(c) If the Participant designates as a Beneficiary the person who is the
Participant's spouse on the date of the designation, either by name or by
relationship, or both, and thereafter the marriage between the Participant and
such person is dissolved, annulled or otherwise legally terminated, then such
person shall be deemed to have predeceased the Participant; provided,
however, that if the Participant designates such person as a Beneficiary on a
form executed by the Participant and received by the Committee after the date
of the legal termination of the marriage between the Participant and such
person, and during the Participant's lifetime, then such person shall not be
deemed to have predeceased the Participant (unless such person shall have
in fact predeceased the Participant).
(d) Any designation of a nonspouse Beneficiary by name that is accompanied by
a description of relationship to the Participant shall be given effect without
regard to whether the relationship to the Participant exists either then or at the
Participant's death.
(e) Any designation of a Beneficiary only by statement of relationship to the
Participant shall be effective only to designate the person or persons standing
in such relationship to the Participant at the Participant's death.
A Beneficiary designation is permanently void if it either is executed or is filed by a Participant who,
at the time of such execution or filing, is then a minor under the law of the state of the Participant's
legal residence. The Committee shall be the sole judge of the content, interpretation and validity of
a purported Beneficiary designation.
7.8. Facility of Payment. In case of the legal disability, including minority, of a Participant
or Beneficiary entitled to receive any distribution under the Plan, payment shall be made, if the
Committee shall be advised of the existence of such condition:
981209:1259 -16- Plan '98
(a) to the duly appointed guardian, conservator or other legal representative of
such Participant or Beneficiary, or
(b) to a person or institution entrusted with the care or maintenance of the
incompetent or disabled Participant or Beneficiary, provided, however, that
such person or institution has satisfied the Committee that the payment will
be used for the best interest and assist in the care of such. Participant or
Beneficiary, and provided further,'that no prior claim for said payment has
been made by a duly appointed guardian, conservator or other legal
representative of such Participant or, Beneficiary.
Any payment made in accordance with the, foregoing provisions of this Section shall constitute a
complete discharge of any liability or obligation of the City of Edina and the Committee.
SECTION 8
PLAN ADMINISTRATION
8.1. Committee.
8.1.1. Administrator. The administrator of the Plan shall be the City of Edina.
Except as_ hereinafter provided, the City of Edina shall appoint a Committee to act for and on behalf
of the City of Edina with respect to the administration of the Plan. The Committee may delegate
authority with respect to the administration of the Plan as herein provided as it deems. necessary or
appropriate for the administration and operation of the Plan. Notwithstanding the foregoing, the City
Council of the City of Edina shall have the exclusive authority, which may not be delegated, to act
for the City of Edina to amend the Plan and to terminate the Plan. The City Council of the City of
Edina shall also have the exclusive authority, which may not be delegated, to appoint and remove
the members of the Committee as provided below.
8.1.2. Appointment and Removal. The members of the Committee shall serve at
the pleasure of the City Council of the City of Edina and shall (unless the City Council of the City
of Edina determines otherwise) - consist of those persons designated by the City Council of the City
of Edina. Members of the Committee shall serve without compensation.
8.1.3. Automatic Removal. If any individual no longer satisfies the requirements
established by the City Council of the City of Edina for serving on the Committee, then such
individual shall be automatically removed as a member of the Committee at the earliest time such
individual ceases to satisfy such requirements. This, removal shall occur automatically and without
any requirement for action by the City Council of the City of Edina or any notice to the individual
so removed.
981209:1259 -17- Plan '98
8.1.4. Authority. The Committee shall be authorized to act for and on behalf of the
City of Edina with respect to the administration and operation of the Plan. The Committee shall
have sole discretionary responsibility for the operation, interpretation and administration of the Plan
and for determining eligibility for Plan benefits. Any action taken on any matter within the
discretion of the Committee shall be final, conclusive and binding on all parties. In order to
discharge its duties hereunder, the Committee shall have the power and authority to adopt, interpret,
alter, amend or revoke rules and regulations necessary to administer the Plan, to delegate ministerial
duties and to employ such outside professionals as may be required for prudent administration of the
Plan.
8.2. Conflict of Interest. If any Employee of the City of Edina to whom authority has been
delegated or redelegated hereunder shall also be a Participant in the Plan, such Participant shall have
no authority as such Employee or member with respect to any matter specially affecting such
Participant's individual interest hereunder or the interest of a person superior to him or her in the
organization (as distinguished from the interests of all Participants and Beneficiaries or a broad class
of Participants and Beneficiaries), all such authority being reserved exclusively to the other
Employees or members as the case may be, to the exclusion of such Participant, and such Participant
shall act only in such Participant's individual capacity in connection with any such matter.
8.3. Spendthrift Provision. No Participant or Beneficiary shall have any interest in any
Account which can be transferred nor shall any Participant or Beneficiary have any power to
anticipate, alienate, dispose of, pledge or encumber any amounts credited to any Account under the
Plan, nor shall the City of Edina recognize any assignment thereof, either in whole or in part, nor
shall any amounts credited to any Account under the Plan be subject to attachment, garnishment,
execution following judgment or other legal process.
The power to designate Beneficiaries to receive the amounts credited to the Account of a Participant
in the event of such Participant's death shall not permit or be construed to permit such power or right
to be exercised by the Participant so as thereby to anticipate, pledge, mortgage or encumber such
Participant's Account or any part thereof, and any attempt of a Participant so to exercise said power
in violation of this provision shall be of no force and effect and shall be disregarded by the City of
Edina.
This Section shall not prevent the City of Edina from exercising, in its discretion, any of the
applicable powers and options granted to it upon the occurrence of a distributable event described
in Section 6. 1, as such powers may be conferred upon it by any applicable provision hereof.
981209:1259 -18- Plan '98
SECTION 9
AMENDMENT AND TERMINATION ..
9.l . Amendment of Plan. The City of Edina shall have the right to amend the Plan, at any time
and from time to time, in whole or in part in the same manner as any other action which may be
taken,by the City of Edina. The City of Edina shall notify the Participants of any Plan amendment.
9.2. Plan Termination. Although the City of Edina has'established this'Plan with the intention
and expectation to maintain the Plan indefinitely, the City of Edina may terminate or discontinue the
Plan in whole or in part at any time without any liability for such termination or discontinuance.
Upon Plan termination, all Deferrals shall cease. Each Participant's Account shall remain in the
Fund until distribution of benefits commences pursuant to Section 7.
SECTION 10
MISCELLANEOUS
10.1. Claims Procedure. Until modified by the Committee, the claims procedure set forth in
this Section 10.1 shall be the claims procedure for the resolution of 'disputes and disposition of
claims arising under the Plan. An application for a distribution under Section 7 shall be considered
as a claim for the purposes of this Section.
10.1.1. Original Claim. Any Employee, former Employee, or Beneficiary of such
Employee or former Employee may, if the Employee, former Employee or Beneficiary so desires,
file with the Committee a written claim for benefits under the Plan. Within ninety (90) days after
the filing of such•a claim, the Committee. shall notify the claimant in wri ting whether the claim is
upheld or denied in whole or in part or shall furnish the claimant a written notice describing specific
special circumstances requiring a specified, amount of additional time (but not more than one
hundred eighty days from the date the claim was filed) to reach a decision on the claim: If the claim
is denied in whole or in part, the Committee shall state in writing:
(a) the specific reasons for the denial,
(b) the specific refer_ ences to the pertinent provisions of this Plan on which the
denial is based,
(c) a description of any additional material or information necessary for the
claimant to perfect the claim and an explanation of why such material or
information is necessary, and
981209:1259 _19- Plan '98
(d) an explanation of the claims review procedure set forth in this Section.
10.1.2. Claims Review Procedure. Within sixty (60) days after receipt of notice that
the claim has been denied in whole or in part, the claimant may file with the Committee a written
request for a review and may, in conjunction therewith, submit written issues and comments. Within
sixty (60) days after the filing of such a request for review, the Committee shall notify the claimant
in writing whether, upon review, the claim was upheld or denied in whole or in part or shall furnish
the claimant a written notice describing specific special circumstances requiring a specified amount
of additional time (but not more than one hundred twenty days from the date the request for review
was filed) to reach a decision on the request for review.
10.1.3. General Rules.
(a) No inquiry or question shall be deemed to be a claim or a request for a review
of a denied claim unless made in accordance with the claims procedure. The
Committee may require that any claim for benefits and any request for a
review of a denied claim be filed on forms to be furnished by the Committee
upon request.
(b) All decisions on claims and on requests for a review of denied claims shall
be made by the Committee.
(c) The Committee may, in its discretion, hold one or more hearings on a claim
or a request for a review of a denied claim.
(d) Claimants may be represented by a lawyer or other representative at their own
expense, but the Committee reserves the right to require the claimant to
furnish written authorization. A claimant's representative shall be entitled to
copies of all notices given to the claimant.
(e) The decision of the Committee on a claim and on a request for a review of a
denied claim shall be served on the claimant in writing. If a decision or
notice is not received by a claimant within the time specified, the claim or
request for a review of a denied claim shall be deemed to have been denied.
(f) Prior to filing a claim or a request for a review of a denied claim, the claimant
or the claimant's representative shall have a reasonable opportunity to review
a copy of this Plan and all other pertinent documents in the possession of the
City of Edina and the Committee.
(g) The Committee may, in its discretion, rely upon any applicable statute of
limitations as a basis for denial of any claim.
981209:1259 —20' Plan '98
-1,
10.14: Exhaustion of Administrative Remedies. No Employee, former Employee,
or Beneficiary of such Employee or former. Employee may commence any legal action to recover
Plan benefits or to enforce or clarify rights under the Plan, or under any provisions of law, whether
or not statutory, until the claims and review procedures set forth herein have been exhausted in their
entirety.
10.2. Information Furnished by Participants. Neither the City of Edina nor the Committee
shall be liable or responsible for any error in the computation of the Account of a. Participant
resulting from any misstatement of fact made by the Participant, directly or indirectly, to the City of
Edina or the Committee and used by them in determining the Participant's Account. Neither the City
of Edina nor the Committee shall be obligated or required to increase the Account of such Participant
which,.on discovery of the misstatement, is found to be understated as a result of such misstatement
of the Participant. However, the Account of any Participant which is overstated by reason of any
such misstatement shall be reduced to the amount appropriate for the Participant in view of the truth
and such amount shall be allocated and. reallocated to the Accounts of the Participants in the Plan.
10.3. Term of Employment. Neither the terms of this Plan nor the benefits hereunder nor the
continuance thereof shall be a term of the employment of any Employee. The City of Edina shall
not be obliged to continue the Plan. The terms of this Plan shall not give any Employee the right to
be retained in the employment of the City of Edina.
10.4. Representations. The City of Edina does not represent or guarantee that any particular
federal or state income, payroll, personal property or other tax consequence will result from
participation in this Plan. A Participant should consult with professional tax advisors, to determine
the tax consequences of participation. Furthermore, the City of Edina does not represent or
guarantee successful investment of Deferrals and shall not be required to restore any loss which may
result from such investment or lack of investment.
10.5. Severability. If a court of competent jurisdiction holds any provision of this Plan to be
invalid or unenforceable, the remaining provisions of this Plan shall continue to be fully effective.
10.6. Applicable Law. This Plan shall be construed in accordance with applicable federal law
and, to the extent otherwise applicable, the laws of the State of Minnesota.
CITY OF EDINA
�2
981209:1259 -21- Plan '98
A .
981217:0734
CITY OF EDINA
DEFERRED COMPENSATION TRUST AGREEMENT
(FOR THE CITY OF EDINA
DEFERRED COMPENSATION PLAN I)
Effective January 1, 1999
CITY OF EDINA
DEFERRED COMPENSATION TRUST AGREEMENT
(FOR THE CITY OF EDINA
DEFERRED COMPENSATION PLAN I)
TABLE OF CONTENTS
ARTICLE I. DEFINITIONS ................... ............................... 1
Section 1.1
Beneficiary .................................................
1
Section 1.2
Code .......... .................. .......................1
Section 1.3
Effective Date ............... ...............................
2
Section 1.4
Participant .................. ........... .I...................
2
Section 1.5
Plan Administrator ............ ...............................
2
Section 1.6
Trust ........................ ..............................2
Section 1.7
Trust Fund ............ .... ..............................2
Section 1.8
Trustee .. ..... ............................... ..........2
Section 1.9
Valuation Date .......... ..... ...............................
2
ARTICLE II. ESTABLISHMENT OF THE TRUST . ............................... 2
Section 2.1 Trust ................... ... ..............................2
Section 2.2 Description of Trust ............................. . 2
Section 2.3 Irrevocability ... ......... ............................... 3
Section 2.4 Acceptance by the Trustee ...... ............................... 3
ARTICLE III. CONTRIBUTIONS ................. ............................... 3
Section 3.1 Trust Requirements ........... ............................... 3
Section 3.2 Transfer of Contributions to the Trust ............................ 3
Section 3.3 Obligations of Trustee .......... ............................... 3
ARTICLE IV. ACCOUNTING AND ADMINISTRATION ........................... 4
Section 4.1 Trustee Recordkeeping ........ ............................... 4
Section 4.2 City of Edina Recordkeeping .... .............................. 4
Section 4.3 Periodic Accounting .......... ... . ......................... 4
Section 4.4 Administrative Powers of Trustee ............................... 5
981217:0734 -11-
ARTICLE V. - INVESTMENTS .................. ............................... 7
Section 5.1 Generally ................... ............................... 7
Section 5.2 Investment Powers of Trustee ... ............................... 7
Section 5.3 Investment Managers ......... ............................... 10
Section 5.4 Single Fund .................. .............................11
ARTICLE VI. PAYMENTS FROM THE TRUST .. ............................... 11
Section 6.1
Obligation of Trustee to Make Payments to Participants .............
11
Section 6.2
Distributions to Participants .... ...............................
12
Section 6.3
Authorization for Distributions . ...............................
12
Section 6.4
Insufficient Trust Fund Assets .. ...............................
12
Section 6.5
Payment of Excess Assets to the City of Edina ....................
12
Section 6.6
Withholding of Taxes ........ ...............................
12
ARTICLE VII. RESIGNATION OR REMOVAL OF TRUSTEE ...................... 12
Section 7.1 Resignation or Removal of Trustee ............................. 12
Section 7.2 Successor Trustee ............ ............................... 13
Section 7.3 Duties of Retiring and Successor Trustees ....................... 13
ARTICLE VIII. AMENDMENT AND TERMINATION OF TRUST .................... 13
Section 8.1 Amendment .................. .............................13
Section 8.2 Termination ................... .............................14
ARTICLE IX. GENERAL PROVISIONS ......... ............................... 14
Section 9.1 Coordination with Plan ....... ............................... 14
Section 9.2 Litigation .................. ............................... 14
Section 9.3 Trustee's Action Conclusive ... ............................... 15
Section 9.4 No Guarantee or Responsibility . ............................... 15
Section 9.5 Liabilities Mutually Exclusive .. ............................... 15
Section 9.6 Indemnification ............. ............................... 15
Section 9.7 Expenses and Compensation ... ............................... 15
Section 9.8 Notice ....................... .............................16
Section 9.9 Antiassignment Clause ........ ............................... 16
Section 9.10 True and Correct Document .... ............................... 16
Section 9.11 Waiver of Notice ............ ............................... 16
Section 9.12 Counterparts ................ ............................... 16
Section 9.13 Gender and Number .......... ............................... 16
Section 9.14 Successors ................... .............................16
981217:0734 -iii-
Section 9.15 Severability ......................... .......... ........ 17 ,
Section 9.16 Applicable Law ... ....... .. .. ............................ 17
EXHIBIT A CITY OF EDINA DEFERRED COMPENSATION PLAN I ........... A -1
9812170734 -iv-
CITY OF EDINA
DEFERRED COMPENSATION TRUST AGREEMENT
(FOR THE CITY OF EDINA
DEFERRED COMPENSATION PLAN I)
THIS TRUST AGREEMENT is made this day of , 19_ by and between
the City of Edina, a political subdivision of the State of Minnesota, and ,
( "Trustee "), and any successor provided for in the Trust hereby evidenced, as Trustee.
WITNESSETH THAT:
WHEREAS, the City of Edina has established and maintains the City of Edina Deferred
Compensation Plan I (hereinafter referred to as the "Plan"), a copy of which is attached hereto as
Exhibit A, for the benefit of employees of the City of Edina; and
WHEREAS, the City of Edina is required to establish a tax - exempt trust to be used in
connection with the Plan pursuant to Section 457(g) of the Internal Revenue Code (hereinafter
referred to as the "Code ") and is required to contribute to such trust assets that shall be held therein
for the exclusive benefit of the Plan Participants and their Beneficiaries; and
WHEREAS, it is the intention of the City of Edina to establish a tax - exempt trust
(hereinafter referred to as the "Trust ") to comply with Section 457(g) of the Code and to contribute
amounts to the Trust to satisfy the liabilities under the Plan; and
WHEREAS, the Trustee has agreed to serve as trustee of such Trust.
NOW, THEREFORE, in consideration of the mutual undertakings of the City of Edina and
the Trustee, the parties do hereby establish the Trust and agree that the Trust shall be comprised,
held, and disposed of as follows:
ARTICLE I
DEFINITIONS
Unless the context requires otherwise, definitions as used herein shall have the same meaning
as in the Plan when applied to said Plan.
Section 1.1 `Beneficiary" shall mean the person or persons selected by the Participant in
accordance with the Plan as set forth in Exhibit A.
Section 1.2 "Code" shall mean the Internal Revenue Code of 1986, as amended.
981217.0734
Section 1.3 "Effective Date" shall mean January 1, 1999.
Section 1.4 "Participant' shall mean an individual who participates in the Plan.
Section 1.5 "Plan Administrator" shall mean the City of Edina.
Section 1.6 "Trust Agreement' shall mean this written instrument, which is intended to
constitute a tax - exempt trust pursuant to Section 501(a) of the Code, as the same may be amended
from time to time.
Section 1.7 "Trust Fund" shall mean all sums of money and other property, all
investments and reinvestments made therewith, or the proceeds thereof, and all investment earnings
and profits thereon held by the Trustee under this Trust Agreement.
Section 1.8 "Trustee" shall mean the trustee named herein, and any successor trustee
appointed pursuant to Article VII.
Section 1.9 "Valuation Date" shall mean December 31 of each calendar year, and such
other dates as the City of Edina and the Trustee may mutually determine.
ARTICLE II
ESTABLISHMENT OF THE TRUST
Section 2.1 Trust. The City of Edina hereby establishes the Trust with the Trustee,
which Trust shall consist of such sums of money and other property acceptable to the Trustee as from
time to time have been and shall be paid or delivered by the City of Edina to the Trustee as provided
herein. The Trust Fund shall be held in trust by the Trustee, and shall be dealt with in accordance
with the provisions of this Trust Agreement.
Section 2.2 Description of Trust.' -'The City of Edina represents and agrees that:
(a) the Trust is intended to be a tax- exempt trust within the meaning of Section 501(a)
of the Code, and shall be construed accordingly;
(b) a true and correct copy of the Plan, as in effect on the Effective Date hereof, is
attached. hereto as Exhibit A. and the City of Edina shall file with the Trustee,
promptly upon its adoption, a true and correct copy of each amendment to the Plan;
(c) the Trust is intended to comply with the requirements of Section 457(g) of the Code
and the Trust Fund shall be used to provide a source of funds to satisfy the liabilities
under the Plan as provided herein;
981217:0734 -2-
(d) the principal of the Trust and any earnings thereon shall be held by the Trustee
separate and apart from other funds of the City of Edina, and shall be used
exclusively for the benefit of Plan Participants and their Beneficiaries as herein set
forth; and
(e) the Trust shall constitute a funded arrangement, but shall not cause the amounts held
in the Trust to be made available to the Plan Participants and their Beneficiaries and
shall not affect the status of the Plan as a plan subject to Section 457 of the Code.
Section 2.3 , Irrevocability. The Trust shall be irrevocable from the Effective Date, and
the assets of the Trust Fund shall be held in accordance with the provisions hereof for the exclusive
purpose of providing for the benefit of the Plan Participants under the Plan, and defraying the
expenses of the Trust. Except as otherwise provided herein, no part of the income or corpus of the
Trust Fund shall be recoverable by or for the benefit of the City of Edina.
Section 2.4 Acceptance by the Trustee. By executing this Trust Agreement, the Trustee
accepts the Trust established under this Trust Agreement on the terms and subject to the provisions
set forth herein, and agrees to discharge and perform fully and faithfully all of the duties and
obligations imposed upon it under this Trust Agreement.
ARTICLE III
CONTRIBUTIONS
Section 3.1 Trust Requirements. In accordance with Section 457(g) of the Code, all
amounts of compensation deferred pursuant to the terms of the Plan, all property and rights
purchased with such amounts, and all income attributable to such amounts, property, or rights shall
be held in trust for the exclusive benefit of Participants and Beneficiaries under the Plan. The Trust
is intended to constitute a valid tax- exempt trust under the law of the State of Minnesota.
Section 3.2 Transfer of Contributions to the Trust. The Trustee shall receive and hold
as part of the Trust Fund such assets of the Plan as may be transferred to it from time to time and any
contributions to the Plan made to the Trust Fund from time to time.
Section 3.3 Obligations of Trustee. The Trustee shall not be responsible for the
administration of the Plan or the collection of contributions from the City of Edina, but shall only
have the responsibility to hold, invest, reinvest, manage and administer the Trust Fund for the
exclusive benefit of the Participants and Beneficiaries in accordance with this Trust Agreement as
now in effect or hereafter amended.
981217:0734 -3-
ARTICLE IV
ACCOUNTING AND ADMINISTRATION
Section 4.1 Trustee Recordkeeping. The Trustee shall keep or cause to be kept accurate
and detailed records of all investments, receipts, disbursements, and all other transactions related
to the Trust.Fund made by the Trustee hereunder. All such records shall be open to inspection and
audit at all reasonable times by any person .designated by the City of Edina. All such records shall
be preserved (in original form, or on microfilm, magnetic tape, or any other similar process) for such
period as the City of Edina may determine but such records shall be maintained and available for
examination for a period of at least seven years, and the Trustee may only destroy such records after
first notifying the City of Edina in writing of its intention to do so, and transferring to the City of
Edina any. of such records requested by the City of Edina..
Section 4.2 City of Edina Recordkeeping. The City of Edina shall keep full, accurate,
and detailed books and.records with respect to the Participants and,benefits paid and payable under
the Plan, which records shall be made available to the Trustee.at its request.
Section 4.3 Periodic Accounting. Within sixty (60) days.-following a Valuation Date, the
Trustee shall deliver to the City of Edina a written accounting, dated as of the Valuation Date, of its
administration of the Trust Fund during the period from the most recent Valuation Date to the date
of such current Valuation Date, which accounting shall be in accordance with the following
provisions:
(a) Such accounting shall set forth all investments, receipts, disbursements, and other
transactions effected by the Trustee during, the period from the most recent Valuation
Date to the date of such current Valuation Date, including a description of all
securities and investments purchased and sold, with the cost or net proceeds of such
purchases or sales (accrued interest paid or receivable being shown separately), and
showing all cash, securities and other property held in the Trust Fund at the end of
such year or other period, as the case may be. In making a valuation, all cash,
securities or other property held in the Trust Fund shall be 'valued at their then fair
market value and insurance policies shall be valued at net cash surrender value. The
accounting shall be in a format as maybe mutually agreed upon by the Trustee and
the City of Edina.
(b) If within ninety (90) days after the delivery of such written accounting, the City of
Edina has not delivered to the Trustee notice of any objection to any act or
transaction of the Trustee, the initial accounting shall become an account stated as
between the Trustee and the City of Edina. If any objection has been delivered to the
Trustee by the City of Edina, and if the City of Edina is satisfied that it should be
withdrawn, the City of Edina shall signify its approval of the accounting in writing
filed with the Trustee, and the accounting shall become an account stated as between
the Trustee and the City of Edina. If the accounting is adjusted following an
981217:0734 -4-
objection thereto, the Trustee shall file and deliver the adjusted accounting to the City
of Edina. If within fifteen (15) days after such filing of an adjusted accounting, the
City of Edina has not delivered to the Trustee notice of any objection to the
transactions as so adjusted, the adjusted accounting shall become an account stated
as between the Trustee and the City of Edina.
Section 4.4 Administrative Powers of Trustee. Except to the extent that authority with
respect to the administration of the Trust has been allocated to others in accordance with this Trust
Agreement and subject to Article V, the Trustee shall have exclusive authority and discretion to
manage and administer the Trust. The Trustee shall act with the care, skill, prudence and diligence
under the circumstances then prevailing that a prudent person acting in like capacity and familiar
with such matters would use in the conduct of an enterprise of a like character and with like aims,
provided, however, the Trustee shall incur no liability to any person for any action taken pursuant
to a direction, request or approval given by the City of Edina which is contemplated by, and in
conformity with, the terms of the Plan or this Trust Agreement and is given in writing by the City
of Edina. In the event of a dispute between the City of Edina and a party, the Trustee may apply to
a court of competent jurisdiction to resolve the dispute. The responsibility for maintenance of
individual benefit records shall be retained by the City of Edina, and may be delegated to such person
or entity as the City of Edina may employ from time to time. Except as otherwise provided herein,
the Trustee shall have, without exclusion, all powers conferred on trustees by law and, without
limiting the foregoing, shall have the following administrative powers, rights, and duties in addition
to those provided elsewhere in this Trust Agreement:
(a) to manage, sell, insure, and otherwise deal with all assets held by the Trustee on such
terms and conditions as the Trustee shall decide;
(b) when directed by the City of Edina pursuant to Article VI, to make payments from
the Trust Fund to Participants or Beneficiaries;
(c) except as provided in Article V and Article VI, to waive, modify, reduce,
compromise, release, contest, submit to arbitration, or settle or extend the time of
payment of any claims, debts, damages, or demands of any nature in favor of or
against the Trustee or all or any part of the Trust Fund;
(d) to retain any disputed property until an appropriate final adjudication or release is
obtained, and to represent the Trust in, or commence or defend, any litigation the
Trustee considers in its discretion necessary in connection with the Trust Fund;
(e) to withhold, if the City of Edina so directs, all or any part of any payment required
to be made hereunder as may be necessary and proper to protect the Trustee or the
Trust Fund against any liability or claim on account of any estate, inheritance, income
or other tax or assessment attributable to any amount payable hereunder, and to
981217.0734 -5-
discharge any such liability with any- part or all of such payment so withheld in
accordance with Section 6.6;
(f) to maintain records reflecting all receipts and payments under this Trust Agreement
and such other records as the City of Edina may specify and to which the Trustee
agrees, which records may be audited from time to time by the City of Edina or
anyone named by the City of Edina; and to furnish a written accounting to the City
.of Edina.as of each Valuation Date, as provided in Section 4.3;
(g) if an insurance policy is held as an asset of the Trust, Trustee shall have no power to
name a beneficiary of the policy other than the Trust, to assign the policy (as distinct
from conversion of the policy to a different form) other than to a successor Trustee,
or to loan to any person the proceeds of any borrowing against such policy;
(h) to furnish the City of, Edina with such information for tax or other purposes which
the City of Edina may. reasonably request and which the Trustee may not.
unreasonably withhold;
(i) to employ actuaries, accountants, advisors, agents, legal counsel (who may be legal
counsel to the City of Edina and who are not in the Trustee's reasonable judgment
deemed to have a conflict of interest), consultants, custodians, depositories, experts
and other providers of services, to consult with them with respect to the
implementation and construction of this Trust Agreement, the duties of the Trustee
hereunder, the transactions contemplated by this Trust Agreement, or any act which
the Trustee proposes to take or omit, and to reasonably rely upon the advice of and
services performed by such persons, the reasonable expenses of which shall be
charged to the Trust Fund unless otherwise paid by the City of Edina; to delegate
discretionary powers to such persons and to reasonably rely upon information and
advice furnished by such persons; provided that each such delegation and the
acceptance thereof by each such person shall be in writing, and provided further that
the Trustee may not delegate its responsibilities as to the management or control of
the assets of the Trust Fund;
(j) to make payments to Participants or Beneficiaries as provided in Article VI hereof,
(k) to perform all other acts which in the Trustee's judgment are appropriate for the
proper protection, management, investment, and distribution of the Trust Fund, and
to carry out the purposes of the Trust.
981217:0734 -6-
ARTICLE V
INVESTMENTS
Section 5.1 Generally. With respect to assets for which the Trustee has investment
responsibility, the Trustee shall invest and reinvest the principal and income of the Trust as provided
in this Trust Agreement, subject to the standard in Section 4.4, and keep the Trust Fund invested,
without distinction between principal and income, in accordance with the written investment
guidelines mutually agreed upon by the City of Edina and the Trustee, and provided to the Trustee
by the City of Edina. If no such written investment guidelines are received by the Trustee, the assets
of the Trust Fund shall be invested in such investments as determined by the Trustee in accordance
with the powers contained herein.
Section 5.2 Investment Powers of Trustee. Except to the extent that authority with
respect to the management of all or a portion of the Trust Fund has been allocated to others in
accordance with this Trust Agreement, the Trustee shall have exclusive authority and discretion to
manage and control the Trust Fund, subject only to the investment guidelines that are mutually
agreed upon by the Trustee and the City of Edina from time to time. The authority to assume
responsibility for investment of assets of the Trust Fund has been retained by the City of Edina, and
the authority to hold assets of the Trust Fund may be allocated to one or more custodians or
insurance companies. Except as otherwise provided herein, the, Trustee shall have, without
exclusion, all powers conferred on trustees by applicable law and, without limiting the foregoing,
shall have the following powers, rights, and duties in addition to those provided elsewhere in this
Trust Agreement:
(a) to invest and reinvest in any property wherever situated, whether real, personal,
mixed, foreign or domestic, including common and preferred stocks, bonds, notes,
and debentures (including convertible stocks and securities), leaseholds, mortgages
(including, without limitation, any collective or part interest in any bond and
mortgage or note and mortgage), certificates of deposits, life insurance contracts,
guaranteed investment contracts, and guaranteed annuity contracts, all regardless of
diversification and without being limited to investments authorized by law for the
investment of trust funds;
(b) to invest and reinvest part or all of the Trust Fund in any deposit accounts, deposit
administration fund maintained by a legal reserve life insurance company in
accordance with an agreement between the Trustee and such insurance company, a
group annuity contract or life insurance policies issued by such insurance company
to the Trustee as contract holder, any interest bearing deposits held by any financial
institution having total capital and surplus of at least Fifty Million Dollars
($50,000,000), investments in any stocks, bonds, debentures, mutual fund shares,
notes, commercial paper, treasury bills, and any mutual, common, commingled or
collective trust funds or pooled investment funds, and to diversify such investments
so as to minimize the risk of losses;
981217.734 -7-
(c)., to commingle assets of the Trust Fund, for investment purposes only, with assets of
any common, collective, or commingled trust fund which has been or may hereafter
be established and maintained by the Trustee, or by any other institution and to make
withdrawals therefrom; provided that to the extent that any part or all of the assets
of the Trust Fund for which the Trustee has investment responsibility are invested in
any such common, collective or commingled trust fund or pooled investment fund
which is maintained by a bank or other institution (including a bank or trust company
acting as Trustee), the provisions of the documents under which such common,
collective or commingled trust fund or pooled investment fund are maintained shall
govern any investment therein and provided further that prior to investing any portion
of the Trust Fund for the first time in any such common, collective, or commingled
trust fund, the Trustee shall advise the City of Edina of its intent to make such an
investment. and furnish to the City of Edina any information it .may reasonably
request with, respect to such common, collective, or commingled trust fund (other
than a trust fund established by the City of Edina), and provided further that the
Trustee shall maintain separate records with respect to each othentrust of, the Trust
Fund;
(d) to vote stock and other voting securities personally or by proxy (and to delegate the
Trustee's powers and discretion,with respect to such stock or other voting securities
to such proxy), to exercise subscription, conversion and other rights and options (and
make payments from the Trust Fund in connection therewith), to take any action and
to abstain from taking any action with respect to any reorganization, consolidation,
merger, dissolution, recapitalization, refinancing and any other plan or change
affecting any property constituting a part of the Trust Fund (and in connection
therewith to delegate the Trustee's discretionary powers and pay assessments,
subscriptions and other charges from the Trust, Fund), to hold or register any property
from time to time in the, Trustee's name or in the name of a nominee or to hold it
unregistered or in such form that title shall pass by delivery; and to borrow from
anyone, including itself (to the extent permitted by law), such amounts from time to
time as the Trustee considers desirable to carry out this Trust (and to mortgage or
pledge all or part of the Trust Fund as security); to participate in any plan or
reorganization, consolidation, merger, combination, liquidation, or other similar plan
.relating to any such property,_ and to consent to or oppose any such plan or any action
thereunder, or any contract lease, mortgage, purchase, sale, or other action by any
corporation or other entity any of the securities of which may at any time be held in
the Trust Fund, and to .do any act with reference thereto;
(e) to retain in cash such amounts as the Trustee considers advisable and as permitted by
applicable law, and to deposit any cash so retained in any depository. (including any
bank acting as Trustee) which the Trustee may select, provided such depository must
have total capital and surplus of at least Fifty Million Dollars ($50,000,000);
981217:0734 -8-
(f) when directed by the City of Edina, and subject to Section 4.4(g), to apply for, pay
premiums on, and maintain in force individual, ordinary, variable, or universal life
insurance policies on the lives of Participants, which policies may contain provisions
which the City of Edina may approve or direct; to receive or acquire such policy or
policies from the City of Edina, but the Trustee may purchase a life insurance policy
from a person other than the insurer which issues a policy only if the Trustee pays,
transfers, or otherwise exchanges an amount no more than the cash surrender value
of the policy or policies, and the policy or policies is (are) not subject to a mortgage
or similar lien which the Trustee would be required to assume; to have with respect
to such policy or policies any rights, powers, options, privileges, and benefits usually
comprised in the term "incidents of ownership" and normally vested in an owner of
such policy or policies to be exercised only pursuant to the directions of the City of
Edina;
(g) to retain any property at any time received by it;
(h) to sell, to exchange, to convey, to transfer, or to dispose of, and to grant options for
the purchase or exchange with respect to, any property at any time held by it, by
public or private sale, for cash or on credit or partly for cash and partly for credit;
(i) to deposit any such property with any protective, reorganization, or similar
committee; to delegate discretionary power to any such committee; and to pay part
of the expenses and compensation of any such committee and any assessments levied
with respect to any property so deposited;
(j) to exercise any conversion privilege or subscription right available in connection with
any such property, and to do any act with reference thereto, including the exercise of
options, the making of agreements or subscription, and the payment of expenses,
assessment or subscription, which may be deemed necessary or advisable in
connection therewith, and to hold and retain any securities or other property which
it may so acquire;
(k) to extend the time of payment of any obligation held in the Trust Fund;
(1) to enter into standby agreements for future investment either with or without a
standby fee;
(m) to acquire, renew, or extend, or participate in the renewal or extension of any
mortgage, and to agree to a reduction in the rate of interest on any indebtedness or
mortgage or to any other modification or change in the terms of any indebtedness or
mortgage, or of any guarantee thereto, in any manner and to any extent that may be
deemed advisable for the protection of the Trust Fund or the preservation of any
covenant or condition of any indebtedness or mortgage or in the performance of any
981217:0734 '9'
guarantee, or to enforce any default in such manner and to such extent as may be
deemed advisable; and to exercise and enforce any and all rights of foreclosure, to
bid on any property in foreclosure, to take a deed in lieu of foreclosure with or
without paying a consideration therefor, and in connection therewith to release the
obligation' on the bond secured by such mortgage; and to exercise and enforce in any
action, suit or proceeding at law or in equity any rights or remedies in respect of any
such indebtedness or mortgage or guarantee;
(n) to make, execute, and deliver, as Trustee, any and all deeds, leases, notes, bonds,
guarantees, mortgage, conveyance, contracts, waivers, releases, or other instruments
in . writing necessary or proper for the accomplishment of any of the foregoing
powers;
(o) to organize under the laws of any state one or more corporations, partnerships, or
trusts for the purpose of acquiring and holding title to any property that it is
authorized to acquire under this Trust Agreement and to exercise with respect thereto
any or all of the powers set forth in this Trust Agreement;
(p) notwithstanding any powers granted to the Trustee pursuant to this Trust Agreement
or to applicable law, the Trustee shall not have any power that could give this Trust
the objective of carrying on a business and dividing the gains therefrom, within the
meaning of Section 301.7701 -2 of the Procedure and Administrative Regulations
promulgated pursuant to the Code; and
(q) generally to do all acts, whether or not expressly authorized, that the Trustee deems
necessary or desirable for the protection of the Trust Fund, and to carry out the
purposes of the Trust.
Section 5.3 Investment Managers. The City of Edina may appoint one or more
investment managers to direct the investment of any part or all of the assets of the Trust Fund by
the Trustee. Appointment of an investment manager shall be made by written agreement between
the City of Edina and the investment manager. The Trustee shall receive a copy of each such
agreement and all amendments, modifications, and terminations thereof and shall give written
acknowledgment of receipt of same. Until receipt of a copy of each such amendment, modification,
or termination, -the Trustee shall be fully protected in assuming the continuing authority of such
investment manager under the terms of the original agreement with the City of Edina. The
agreement between the City of Edina and the investment manager shall specify those powers, rights,
and duties of the Trustee under this Trust that are allocated to the investment manager(s) and the
portion of the assets of the Trust Fund subject to the investment manager(s). After such written
agreement has been so executed between the City of Edina and the investment manager(s) the
Trustee shall have no obligation or responsibility for those investment duties and powers which are
allocated to an investment manager. One of those powers is voting proxies; however, the investment
manager will not have that power if the agreement described herein expressly precludes the
981217:0734 -10-
investment manager from voting proxies (and the Trustee shall have the power subject to the powers
retained by the City of Edina). An investment manager so appointed pursuant to this paragraph shall
be (i) a registered investment adviser under the Investment Advisers Act of 1940, (ii) is not
registered as an investment adviser under such Act because of paragraph (1) of section 203A(a) of
such Act, is registered as an investment adviser under the laws of the State (referred to in such
paragraph (1)) in which it maintains its principal office and place of business and satisfied any
applicable filing requirements, (iii) a bank, as defined in said Act, or (iv) an insurance company
qualified to manage, acquire and dispose of the assets of the Plan under the laws of more than one
State of the United States. Any such investment manager shall acknowledge to the City of Edina in
writing that it accepts such appointment. The Trustee shall not be liable for any loss or diminution
of any assets managed by an investment manager, including without limitation any loss or
diminution caused by any action or inaction taken or omitted by it at the direction of an investment
manager. In addition, the Trustee shall not be liable for the diversification of any assets managed
by investment managers of the City of Edina, each of which shall be solely the responsibility of the
City of Edina. An investment manager may resign at any time upon written notice to the Trustee and
the City of Edina. The City of Edina may remove an investment manager at any time by written
notice to the investment manager and the Trustee.
The City of Edina may by written notice to the Trustee assume investment responsibility for
any portion or all of the Trust assets. The Trustee shall have no responsibility or liability for the
investment of such assets for which the City of Edina has assumed such investment responsibility
except to act with respect to such assets as directed by the City of Edina.
Section 5.4 Single Fund. All assets of the Trust Fund and of each investment fund, and
the income thereon, shall be held and invested as a single fund and the Trustee shall not make any
separate investment of the Trust Fund, or make any separate investment fund, for the account of any
Participant prior to receipt of directions to make payments to such Participant in accordance with
Article VI. All rights associated with assets of the Trust shall be exercised by Trustee or the person
designated by Trustee, and shall in no event be exercisable by or rest with Participants.
ARTICLE VI
PAYMENTS FROM THE TRUST
Section 6.1 Obligation of Trustee to Make Payments to Participants. The Trustee's
obligation to distribute to any Participant or Beneficiary out of the assets of the Trust Fund shall be
limited to payment at such times and in such amounts as are properly in conformance with the
provisions of Section 6.3. Payments to Participants or their Beneficiaries pursuant to this Article VI
shall be made by the Trustee to the extent that funds in the Trust Fund are.sufficient for such
purpose. In the event the City of Edina determines that it will pay benefits directly to Participants
or their Beneficiaries as they become due under the terms of the Plan, the City of Edina shall notify
Trustee of its decision prior to the time amounts are payable to Participants or their Beneficiaries.
981217.0734 -11-
Section 6.2 Distributions to Participants. Distributions to Participants from the Trust
Fund shall discharge, reduce; and offset the obligation of the City of Edina to pay benef is payable
to or on behalf of the Participant, to the extent of the distributions, with respect to the Plan.
Section 6.3 Authorization for Distributions. Distributions which shall be made from
the Trust Fund to pay benefits in accordance with the Plan shall be initiated by written direction to
the Trustee from the City of Edina, which direction shall indicate the amount payable in respect of
a Plan Participant (and his or her Beneficiary), the form in which such amount is to be paid (or
provided for or available under the Plan) or manner in which distribution is to be made, and the time
of commencement of payment of such amount, including any federal, state, or local income taxes
to be withheld, and the Trustee shall make or commence the directed distributions after receipt of
such written direction. The entitlement of a Plan Participant or his or her Beneficiaries to benefits
under the Plan shall be determined by the City of Edina or such party as it shall designate under the
Plan, and any claim for such benefits shall be considered and reviewed under the procedures set out
in the Plan'.
Section 6.4 Insufficient Trust Fund Assets. If the City of Edina determines that the
Trust Fund does not have sufficient funds to provide for the payment of all amounts otherwise
payable to Participants (or their Beneficiaries) from the Trust under the Plans, it shall notify the City
of Edina and the Trustee of the amount of the deficiency, and, within forty-five (45) days of such
notice, the City of Edina shall deposit in trust with the Trustee the additional amounts needed to
make such payments. Upon receipt of such amounts by the Trustee from the City of Edina, proceeds
shall first be used by the Trustee to pay any benefits previously due remaining unpaid, in the order
in which they were due, pursuant to instructions from the City, of Edina.
Section 6.5 Payment of Excess Assets to the City of Edina. The City of Edina shall
have no right or power to direct the Trustee to return to the City of Edina or to divert to others any
of the Trust Fund until payment of all benefits has been made to all Participants (or their
Beneficiaries) pursuant to the terms of the Plan.
Section 6.6 Withholding of Taxes. Any amount paid to a Participant or Beneficiary by
the Trustee in accordance with this Article VI shall be reduced by the amount of taxes required to
be withheld, and the Trustee shall inform the City of Edina of all amounts so withheld. The Trustee
shall have full responsibility for the payment of all withholding taxes to the appropriate taxing
authorities. Each Participant shall be furnished with the appropriate tax information form evidencing
payments under the Trust and the amount(s) thereof.
ARTICLE VII
RESIGNATION OR REMOVAL OF TRUSTEE,
Section 7.1 Resignation or Removal of Trustee. The Trustee may resign for any reason
or for no reason and at any time by giving thirty (30) days prior written notice to the City of Edina
(or such shorter notice as may be agreed to by the City of Edina and the Trustee). Subject to
981217:0734 -12-
Section 7.2(b) hereof the City of Edina may remove the Trustee for any reason or for no reason and
at any time by giving thirty (30) days prior written notice to the Trustee (or such shorter notice as
may be agreed to by the City of Edina and the Trustee).
Section 7.2 Successor Trustee. In the event of the resignation or removal of a Trustee,
a successor Trustee shall be appointed by the effective date of such resignation or removal. The City
of Edina shall give notice of any such appointment to the retiring Trustee and the successor Trustee.
A successor Trustee shall be appointed in accordance with the following provisions:
(a) A successor Trustee shall be appointed by the City of Edina. If a Trustee should
resign or be removed, and the City of Edina does not notify the Trustee of the
appointment of a successor Trustee within forty-five (45) days of the notice of the
Trustee's resignation or removal, then the City of Edina shall be deemed to have
failed to have appointed a successor Trustee, and the Trustee shall apply to a court
of competent jurisdiction for appointment of a successor Trustee or for instructions.
(b) Notwithstanding Section 7. 1, no resignation by or removal of the Trustee shall be
effective prior to the effective date of the appointment of a successor Trustee by the
City of Edina or a court of competent jurisdiction.
Section 7.3 Duties of Retiring and Successor Trustees. In the event of the resignation
or removal of a Trustee, the retiring Trustee shall within sixty (60) days after the effective date of
resignation or removal furnish to the successor Trustee and the City of Edina a final accounting of
its administration of the Trust. A successor Trustee shall succeed to the right and title of the
predecessor Trustee in the assets of the Trust Fund and the retiring Trustee shall deliver the property
comprising the assets of the Trust Fund (less any unpaid fees and expenses of the retiring Trustee)
to the successor Trustee, together with any instruments of transfer, conveyance, assignment and
further assurance as the successor Trustee may reasonably require. All of the provisions of the Trust
set forth herein with respect to the Trustee shall relate to each successor Trustee with the same force
and effect as if such successor Trustee had been originally named as the Trustee hereunder. Unless
otherwise required by law, the successor Trustee shall not be required to examine the accounts,
records, or acts of the prior Trustee. In no event shall the successor Trustee be liable to the City of
Edina for the acts or omissions to act by its predecessors.
ARTICLE VIII
AMENDMENT AND TERMINATION OF TRUST
Section 8.1 Amendment. Except as otherwise provided in Section 2.3 of this Trust
Agreement and except any amendment that would cause the loss of the tax- exempt status of the
Trust, the Trust Agreement may be amended by a written instrument executed by the Trustee and
the City of Edina, which amendment shall include the effective date of such amendment. Any
amendment of the Trust Agreement may be made without limitation and in any manner and effective
as of any date, including a retroactive effective date. However, no amendment shall conflict with
981217034 -13-
the terms of the Plan. No amendment shall. operate to change the duties and liabilities of the Trustee
without.its consent or make the Trust Agreement revocable. The City of Edina and the Trustee shall
execute such amendments of the Trust Agreement as shall be necessary to give effect to any
amendment made in accordance with this section.
Section 8.2 Termination. After all assets of the Trust Fund have been distributed by the
Trustee to the Participants_ or their Beneficiaries in accordance with the terms of the Plan and
Article VI, the Trustee shall render an accounting, which shall be the final accounting, in the manner
provided for in Section 4.3. Upon acceptance of the accounting by the City of Edina, and after
deduction of such reasonable amount for compensation and expenses as provided for in Section 9.7,
if any, the Trust shall terminate thereupon. The Trust and all the right,; titles, powers, duties,
discretions and.immunities imposed on or reserved to the Trustee and the City of Edina, shall
continue in effect until all assets of the Trust Fund have been distributed as provided herein.
ARTICLE IX
GENERAL PROVISIONS
Section 9.1 Coordination with Plan. The responsibilities of the Trustee shall be
governed solely by the terms of this Trust Agreement. The Trustee shall discharge its duties and
responsibilities in accordance with its rules and procedures. The City of Edina shall discharge its
responsibilities and duties under the Trust Agreement through the Committee appointed under the
terms of the Plan except, however, that the City Council of the City of Edina shall have the exclusive
authority, which may not. be delegated, to act for the City of Edina:
(a) to amend this Trust Agreement and to terminate the Trust;
(b) to appoint or remove a Trustee or accept the resignation of a Trustee; and
(c) to appoint "or remove an investment manager.
Section 9.2 Litigation. In any action or proceeding regarding the Trust, the City of Edina,
any assets of the Trust Fund, or the administration of the Trust Agreement any creditors who are not
parties to such action or proceedings and any other persons having or claiming to have a beneficial
interest in the Trust shall not be necessary parties and shall not be entitled to any notice of process.
Any final judgment which is not appealed or'appealable and which may be entered in any such action
or proceeding shall be binding and conclusive on the parties hereto and all persons having or
claiming to have a beneficial interest in the 'Trust. Acceptance by a creditor of assets of the Trust
Fund shall constitute a release of an equal amount of any obligations of the City, of Edina to such
creditor.
Section 9.3 Trustee's Action Conclusive: Subject to applicable law, the Trustee's
reasonable exercise or non- exercise of its powers and discretion in good faith shall be conclusive on
all persons. No one other than the City of Edina shall be obliged to see to the application of any
981217.0734 -14-
money paid or property delivered to the Trustee. The certificate of the Trustee that it is acting
according to this Trust will protect all persons dealing with the Trustee.
Section 9.4 No Guarantee or Responsibility. Notwithstanding any other provision of
this Trust Agreement to the contrary, the Trustee does not guarantee payment of any amount which
may become due and payable to a Participant or a Beneficiary. Except as required by applicable law,
the Trustee shall have no responsibility for the disclosure to Participants regarding the terms of the
Plan or of this Trust Agreement, or for the validity thereof. The Trustee shall not be responsible for
administrative functions under the Plan and shall have only such responsibilities under this Trust
Agreement as specifically set forth herein. The Trustee will be under no liability or obligation to
anyone with respect to any failure on the part of the City of Edina, the Plan, or the City of Edina's
independent public accounting firm, an investment manager, or a Participant to perform any of their
respective obligations under the Plan or this Trust Agreement. The Trustee shall be protected in
relying upon any notice or direction provided to it from the City of Edina in connection with the
Trustee's duties hereunder which the Trustee in good faith believes to be genuine, and executed and
delivered in accordance with this Trust Agreement. Nothing in this Trust Agreement shall be
construed as requiring the Trustee to make any payment in excess of the amounts held in the Trust
Fund at the time of such payment or otherwise to risk or expend its own funds.
Section 9.5 Liabilities Mutually Exclusive. Each of the Trustee and the City of Edina
shall be responsible only for its own acts or omissions.
Section 9.6 Indemnification. If the Trustee undertakes or defends any litigation with a
third party arising in connection with the Trust, the City of Edina agrees to indemnify to the extent
permitted by law the Trustee and hold it harmless against Trustee's costs, expenses and liabilities
(including, without limitations, attorneys' fees and expenses) relating thereto and to be primarily
liable for such payments, provided that the Trustee did not act dishonestly, or in willful or negligent
violation of the law, or in bad faith in the performance of its responsibilities hereunder pursuant to
which such liability, cost or expense arose, and provided further that the City of Edina receives
notice of any such litigation and been given the opportunity to defend or respond to such litigation.
If the City of Edina does not pay such costs, expenses and liabilities in a reasonably timely manner,
and it has received notice of such litigation as provided in the preceding sentence, then the Trustee
may obtain payment from the Trust. This section shall survive the termination of the Trust.
Section 9.7 Expenses and Compensation. The Trustee shall be paid compensation by
the City of Edina in an amount agreed to by the City of Edina and the Trustee. The Trustee shall be
reimbursed by the City of Edina for reasonable and necessary expenses incurred by it in the
management and administration of this Trust Agreement; and if the Trustee is not timely reimbursed
with respect to amounts due pursuant to this Section 9.7, the Trustee may charge such amounts
against the Trust Fund. Any compensation or expenses so agreed upon or otherwise payable not paid
by the City of Edina on a timely basis may be charged to the Trust Fund no more frequently than
quarterly upon notice to the City of Edina.
981217:0734 -15-
Section 9.8 Notice. Any notice to the Trustee or'to the City of Edina required or permitted
under this Trust Agreement shall be duly and properly given and delivered if sent by certified United
..States mail, return receipt requested, to the Trustee at:
and to the City of Edina at:
Gordon Hughes
City of Edina
Attn: Cecelia Smith
4801 West 50th Street
Edina, Minnesota 55424 -1394
or to such other address as the Trustee or the City of Edina may specify by written notice to the other.
Section 9.9 Antiassignment Clause. Benefits payable to Participants and their
Beneficiaries under this Trust Agreement may not be anticipated, assigned (either at law or in
equity), alienated, pledged, encumbered or subjected to attachment, garnishment, levy, execution or
other legal or equitable process.
Section 9.10_ True and Correct Document. Any persons dealing with the Trustee may
rely upon a copy of this Trust Agreement and any amendments thereto certified to be true and correct
by the Trustee.
Section 9.11 Waiver of Notice. Any notice required under this Trust Agreement may be
waived by the person entitled to such notice.
Section 9.12 Counterparts. This Trust Agreement may be executed in two or more
counterparts,. any one of which will be an original without reference to the others.
Section 9.13 Gender and Number. Words denoting the masculine gender shall include
the feminine and neuter genders and the singular shall include the plural and the plural shall include
.the singular wherever required by the context.
Section 9.14 Successors. This Trust Agreement shall be binding on all persons entitled
to payments hereunder and their respective heirs and legal representatives, and on the City of Edina,
the Trustee, and their respective successors.
Section 9.15 Severability. If any provision of this Trust Agreement is held to be illegal
or invalid, such illegality or invalidity shall not affect the remaining provisions of this Trust
981217.734 -16-
Agreement which shall be construed and enforced as if such illegal or invalid provisions had never
been inserted herein.
Section 9.16 Applicable Law. The Trust shall be governed by the laws of the State of
Minnesota and the Trust Agreement shall be operated and construed in accordance with such laws.
IN WITNESS WHEREOF, the City of Edina and the Trustee have caused this Trust
Agreement to be signed by their duly authorized representatives, and have caused their respective
seals to be hereunto affixed, as of the day and year first above written.
CITY OF EDINA
L-
Its
Gordon Hughes, as Trustee
By
981217:0734 -17-
CITY OF EDINA
DEFERRED COMPENSATION TRUST AGREEMENT
(FOR THE CITY OF EDINA
DEFERRED COMPENSATION PLAN II)
Effective January 1, 1999
9812179736
CITY OF EDINA
DEFERRED COMPENSATION TRUST AGREEMENT
(FOR THE CITY OF EDINA
DEFERRED COMPENSATION PLAN II)
TABLE OF CONTENTS
ARTICLE I. DEFINITIONS ................... ............................... 1
Section 1.1 Beneficiary .................. ............................... 1
Section 1.2 Code ........................ ..............................1
Section 1.3
Effective Date ............... ............................... 2
Section 1.4
Participant .................. ............................... 2
Section 1.5
Plan Administrator ............ ............................... 2
Section 1.6
Trust ........................ ..............................2
Section 1.7
Trust Fund ................... ..............................2
Section 1.8
Trustee ...................... ..............................2
Section 1.9
Valuation Date ............... ............................... 2
ARTICLE II. ESTABLISHMENT OF THE TRUST . ............................... 2
Section
2.1
Trust ........................ ..............................2
Section
2.2
Description of Trust ........... ............................... 2
Section
2.3
Irrevocability ................ ............................... 3
Section
2.4
Acceptance by the Trustee ...... ............................... 3
ARTICLE M. CONTRIBUTIONS ................ ............................... 3
Section
3.1
Trust Requirements ........... ............................... 3
Section
3.2
Transfer of Contributions to the Trust ............................ 3
Section
3.3
Obligations of Trustee ......... ............................... 3
ARTICLE IV. ACCOUNTING AND ADMINISTRATION ........................... 4
Section 4.1 Trustee Recordkeeping ........ ............................... 4
Section 4.2 City of Edina Recordkeeping .... ............................... 4
Section 4.3 Periodic Accounting ........... ............................... 4
Section 4.4 Administrative Powers of Trustee ............................... 5
981217:0736 -11-
ARTICLE V. INVESTMENTS .................. ............................... 7
Section 5.1 Generally ........................... ..................... 7
Section 5.2 Investment Powers of Trustee ... ............................... 7
Section 5.3 Investment Managers .... .... ..... .......................... 10
Section 5.4 Single Fund ................ ............................... 11
ARTICLE VI. PAYMENTS FROM THE TRUST .. ............................... 11
Section-6.1
Obligation of Trustee to Make Payments to Participants .............
11
Section 6.2
Distributions to Participants ...................................
12
Section 6.3
Authorization for Distributions . ...............................
12
Section 6.4
Insufficient Trust Fund Assets . ........................... ...
12
Section 6.5
Payment of Excess Assets to the City of Edina .....................
12
Section 6.6
Withholding of Taxes ........... ..........................
12
ARTICLE VII. RESIGNATION OR REMOVAL OF TRUSTEE ...... ...............12
Section 7.1 Resignation or Removal of Trustee ......................... 12
Section 7.2 Successor Trustee ............................................ 13
Section 7.3 Duties of Retiring and Successor Trustees ....................... 13
'-ARTICLE VIII. AMENDMENT AND TERMINATION OF TRUST .................... 13
Section 8.1 Amendment ...... ...... .......................... .... 13
Section 8.2 Termination ................................................ 14
ARTICLE IX. GENERAL PROVISIONS ......... ............................... 14
Section 9.1
Coordination with Plan .........................................
14
Section 9.2
Litigation ................... ...................... ....
14
Section 9.3
Trustee's Action Conclusive .................. .......... .....
15
Section 9.4
No Guarantee or Responsibility . ...............................
15
Section 9.5
Liabilities Mutually Exclusive ..................................
15
Section 9.6
Indemnification .............................................
15
Section 9.7
Expenses and Compensation ...................................
15
Section 9.8
Notice .....................................................
16
Section 9.9
Antiassignmeni Clause ........ ...............................
16
Section 9.10
True and Correct Document ... ..............................
16
Section 9.11
Waiver of Notice ......... .... ..........................
16
Section 9.12
Counterparts ................ ...............................
16
Section 9.13
Gender and Number ..........................................
16
Section 9.14
Successors .................... .............................16
981217:0736 -111-
Section 9.15 Severability ................ ............................... 17
Section 9.16 Applicable Law ............. ............................... 17
EXHIBIT A CITY OF EDINA DEFERRED COMPENSATION PLAN II ........... A -1
981217:0736 -iv-
CITY OF EDINA
DEFERRED COMPENSATION TRUST AGREEMENT
(FOR THE CITY OF EDINA
DEFERRED COMPENSATION PLAN II)
THIS TRUST AGREEMENT is made this day of , 19_ by and between
the City of Edina, a political subdivision of the State of Minnesota, and ,
( "Trustee "), and any successor provided for in the Trust hereby evidenced, as Trustee.
WITNESSETH THAT:
WHEREAS, the City of Edina has established and maintains the City of Edina Deferred
Compensation Plan II (hereinafter referred to as the "Plan"), a copy of which is attached hereto as
Exhibit A, for the benefit of employees of the City of Edina; and
WHEREAS, the City of Edina is required to establish a tax - exempt trust to be used in
connection with the Plan pursuant to Section 457(g) of the Internal Revenue Code (hereinafter
referred to as the "Code ") and is required to contribute to such trust assets that shall be held therein
for the exclusive benefit of the Plan Participants and their Beneficiaries; and
WHEREAS, it is the intention of the City of Edina to establish a tax- exempt trust
(hereinafter referred to as the "Trust ") to comply with Section 457(g) of the Code and to contribute
amounts to the Trust to satisfy the liabilities under the Plan; and
WHEREAS, the Trustee has agreed to serve as trustee of such Trust.
NOW, THEREFORE, in consideration of the mutual undertakings of the City of Edina and
the Trustee, the parties do hereby establish the Trust and agree that the Trust shall be comprised,
held, and disposed of as follows:
ARTICLE I
DEFINITIONS
'Unless the context requires otherwise, definitions as used herein shall have the same meaning
as in the Plan when applied to said Plan.
Section 1.1 "Beneficiary" shall mean the person or persons selected by the Participant in
accordance with the Plan as set forth in Exhibit A.
Section 1.2 "Code" shall mean the Internal Revenue Code of 1986, as amended.
981217:0736
Section 1.3 "Effective Date" shall mean January 1, 1999.
Section 1.4 "Participant" shall mean an individual who participates in the Plan.
Section 1.5 "Plan Administrator" shall mean the City of Edina.
Section 1.6 "Trust Agreement" shall mean this written instrument, which is intended to
constitute a tax- exempt trust pursuant to Section 501(a) of the Code, as the same may be amended
from time to time.
Section 1.7 "Trust Fund" shall mean all sums of money and other property, all
investments and reinvestments made therewith, or the proceeds thereof, and all investment earnings
and profits thereon held by the Trustee under this Trust Agreement.
Section 1.8 "Trustee" shall mean the trustee named herein, and any successor trustee
appointed pursuant to Article VII.
Section 1.9 "Valuation Date" shall mean December 31 of each calendar year, and such
other dates as the City of Edina and the Trustee may mutually determine.
ARTICLE II
ESTABLISHMENT OF THE TRUST
Section 2.1 Trust. The City of Edina hereby establishes the Trust with the Trustee,
which Trust shall consist of such sums of money and other property acceptable to the Trustee as from
time to time have been and shall be paid or delivered by the City of Edina to the Trustee as provided
herein. The Trust Fund shall be held in trust by the Trustee, and shall be dealt with in accordance
with the provisions of this Trust Agreement.
Section 2.2 Description of Trust. The City of Edina represents and agrees that:
(a) the Trust is intended to be a tax- exempt trust within the meaning of Section 501(a)
of the Code, and shall be construed accordingly;
(b) a true and correct copy of the Plan, as in effect on the Effective Date hereof, is
attached hereto as Exhibit A, and the City of Edina shall file with the Trustee,
promptly upon its adoption, a true and correct copy of each amendment to the Plan;
(c) the Trust is intended to comply with the requirements of Section 457(g) of the Code
and the Trust Fund shall be used to provide a source of funds to satisfy. the liabilities
under the Plan as provided herein;
981217:0736 -2-
(d) the principal of the Trust, and any earnings thereon shall be held by the, Trustee
separate and' apart from other funds of the City of Edina, and shall be used
exclusively for the benefit of Plan Participants and their Beneficiaries as herein set
forth; and
(e) the Trust shall constitute a funded arrangement, but shall not cause the amounts held
in the Trust to be made available to the Plan Participants and their Beneficiaries and
shall. not affect the status of the Plan as a plan subject to Section 457 of the Code.
Section 2.3 Irrevocability. The Tru st shall be irrevocable from the Effective Date, and
the assets of the Trust Fund shall be held in accordance with the provisions hereof for the exclusive
purpose of providing for the benefit of the Plan Participants under the Plan, and defraying the
expenses of the Trust. Except as otherwise provided herein, no part of the income or corpus of the
Trust Fund shall be recoverable'by or for the benefit of the City of Edina.
Section 2.4 Acceptance by the Trustee. By executing this Trust Agreement, the Trustee
accepts the Trust established under this Trust Agreement on the terms and subject to the provisions
set forth herein, and agrees to discharge and perform fully and faithfully all of the duties and
obligations imposed upon it under this Trust Agreement.
ARTICLE III
CONTRIBUTIONS
Section 3.1 Trust Requirements. In accordance with Section 457(g) of the Code, all
amounts of compensation deferred pursuant to the terms of the Plan, all property and rights
purchased with, such amounts, and all income attributable to such amounts, property, or rights shall
be held in trust for the exclusive benefit of Participants and Beneficiaries under the Plan. The Trust
is intended to constitute a valid tax - exempt trust under the law of the State of Minnesota.
Section 3.2 Transfer of Contributions to the Trust. The Trustee shall receive and hold
as part of the Trust Fund such assets of the Plan as may be transferred to it from time to time and any
contributions to the Plan made to the Trust Fund from time to time.
Section 3.3 Obligations of Trustee.. The Trustee shall not be responsible for the
administration .of. the Plan or the collection of contributions from the City of Edina, but shall only
have the responsibility to hold, invest, reinvest, manage and administer the Trust Fund for the
exclusive benefit of the Participants and Beneficiaries in accordance with this Trust Agreement as
now in effect or hereafter amended. .
9912M0736 -3-
ARTICLE IV
ACCOUNTING AND ADMINISTRATION
Section 4.1 Trustee Recordkeeping. The Trustee shall keep or cause to be kept accurate
and detailed records of all investments, receipts, disbursements, and all other transactions related
to the Trust Fund made by the Trustee hereunder. All such records shall be open to inspection and
audit at all reasonable times by any person designated by the City of Edina. All such records shall
be preserved (in original form, or on microfilm, magnetic tape, or any other similar process) for such
period as the City of Edina may determine but such records shall be maintained and available for .
examination for a period of at least seven years, and the Trustee may only destroy such records after
first notifying the City of Edina in writing of its intention to do so, and transferring to the City of
Edina any of such records requested by the City of Edina.
Section 4.2 City of Edina Recordkeeping. The City of Edina shall keep full, accurate,
and detailed books and records with respect to the Participants and benefits paid and payable under
the Plan, which records shall be made available to the Trustee at its request.
Section 4.3 Periodic Accounting. Within sixty (60) days following a Valuation Date, the
Trustee shall deliver to the City of Edina a written accounting, dated as of the Valuation Date, of its
administration of the Trust Fund during the period from the most recent Valuation Date to the date
of such current Valuation Date, which accounting shall be in accordance with the following
provisions:
(a) Such accounting shall set forth all investments, receipts, disbursements, and other
transactions effected by the Trustee during the period from the most recent Valuation
Date to the date of such current Valuation Date, including a description of all
securities and investments purchased and sold, with the cost or net proceeds of such
purchases or sales (accrued interest paid or receivable being shown separately), and
showing all cash, securities and other property held in the Trust Fund at the end of
such year or other period, as the case may be. In making a valuation, all cash,
securities or other property held in the Trust Fund shall be valued at their then fair
market value and insurance policies shall be valued at net cash surrender value. The
accounting shall be in a format as may be mutually agreed upon by the Trustee and
the City of Edina.
(b) If within ninety (90) days after the delivery of such written accounting, the City of
Edina has not delivered to the Trustee notice of any objection to any act or
transaction of the Trustee, the initial accounting shall become an account stated as
between the Trustee and the City of Edina. If any objection has been delivered to the
Trustee by the City of Edina, and if the City of Edina is satisfied that it should be
withdrawn, the City of Edina shall signify its approval of the accounting in writing
filed with the Trustee, and the accounting shall become an account stated as between
the Trustee and the City of Edina. If the accounting is adjusted following an
981217:0736 -4-
objection thereto, the Trustee shall file and deliver the adjusted accounting to the City
of Edina. If within fifteen (15) days after such filing of an adjusted accounting, the
City of Edina has not delivered to the Trustee notice of any objection to the
transactions as so adjusted, the adjusted accounting shall become. an account stated
as between the Trustee and the City of Edina.
Section 4.4 . Administrative Powers of Trustee. Except to the extent that authority with
respect to the administration of the Trust has been allocated to others in accordance with this Trust
Agreement and subject to. Article V, the Trustee shall have exclusive authority and:discretion,to
manage and administer the Trust. The Trustee shall act with the care, skill, prudence and diligence
under the circumstances then prevailing that a prudent person acting in like capacity and familiar
with such matters would use in the conduct of an enterprise of a like character and with like. aims,
provided, however, the Trustee shall incur no liability to any person for any action taken pursuant
to a direction, request or approval given by the City of Edina which is contemplated by; and in
conformity with, the terms of the Plan or this Trust Agreement and is given in writing by the City
of Edina. In the event of a dispute between the City of Edina and a party, the Trustee may apply to
a court of competent jurisdiction to resolve the dispute. The responsibility for maintenance of
individual benefit records shall be retained by the City of Edina, and may be delegated to such person
or entity as the City of Edina may employ from time to time. Except as otherwise provided herein,
the Trustee shall have, without exclusion, all powers conferred on trustees by law and, without
limiting the foregoing, shall have the following administrative powers, rights, and duties in addition
to those provided elsewhere in this Trust Agreement:
(a) to manage, sell, insure, and otherwise deal with all assets held by the Trustee on such
terms and conditions as the Trustee shall decide;
(b) when directed by the City of Edina pursuant to Article VI, to make payments from
the Trust Fund to Participants or Beneficiaries;
(c) except as provided in Article V and Article VI, to waive, modify,. reduce,
compromise, release, contest, submit to arbitration, .or settle or extend the time of
payment of any claims, debts, damages, or demands of any nature in favor of or
against the Trustee or all or any part of the Trust Fund;
(d) to retain any disputed property until an appropriate final adjudication or release is
obtained; and to represent the Trust in, or commence or defend, any litigation the
Trustee considers in its discretion necessary in connection with the Trust Fund;
(e) to withhold, if the City of Edina so directs, all or any part of any payment required
to be made hereunder as may be necessary and proper to protect the Trustee or the
Trust Fund against any liability orclaim on account of any estate, inheritance, income
or other tax or assessment attributable to any amount payable hereunder, and to
981217:0736 -5-
discharge any such liability with any part or all of such payment so withheld in
accordance with Section 6.6;
(f) to maintain records reflecting all receipts and payments under this Trust Agreement
and such other records as the City of Edina may specify and to which the Trustee
agrees, which records may be audited from time to time by the City of Edina or
anyone named by the City of Edina; and to furnish a written accounting to the City
of Edina as of each Valuation Date, as provided in Section 4.3;
(g) if an insurance policy is held as an asset of the Trust, Trustee shall have no power to
name a beneficiary of the policy other than the Trust, to assign the policy (as distinct
from conversion of the policy to a different form) other than to a successor Trustee,
or to loan to any person the proceeds of any borrowing against such policy;
(h) to furnish the City of Edina with such information for tax or other purposes which
the City of Edina may reasonably request and which the Trustee may not
unreasonably withhold;
(i) to employ actuaries, accountants, advisors, agents, legal counsel (who may be legal
counsel to the City of Edina and who are not in the Trustee's reasonable judgment
deemed to have a conflict of interest), consultants, custodians, depositories, experts
and other providers of services, to consult with them with respect to the
implementation and construction of this Trust Agreement, the duties of the Trustee
hereunder, the transactions contemplated by this Trust Agreement, or any act which
the Trustee proposes to take or omit, and to reasonably rely upon the advice of and
services performed by such persons, the reasonable expenses of which shall be
charged to the Trust Fund unless otherwise paid by the City of Edina; to delegate
discretionary powers to such persons and to reasonably rely upon information and
advice furnished by such persons; provided that each such delegation and the
acceptance thereof by each such person shall be in writing, and provided further that
the Trustee may not delegate its responsibilities as to the management or control of
the assets of the Trust Fund;
0) to make payments to Participants or Beneficiaries as provided in Article VI hereof;
(k) to perform air other acts which in the Trustee's judgment are appropriate for the
proper protection, management, investment, and distribution of the Trust Fund, and
to carry out the purposes of the Trust.
981217:0736 -6-
ARTICLE V
INVESTMENTS
Section 54 Generally. With respect to assets for which the. Trustee has investment
responsibility, the Trustee shall invest and reinvest the principal and income of the Trust as provided
in this Trust Agreement, subject to the standard in Section 4.4, and keep the Trust Fund invested,
without distinction between principal and income, in accordance with the written investment
guidelines mutually agreed upon by the City of Edina and the Trustee, and provided to the Trustee
by the City of Edina. If no such written investment guidelines are received by the Trustee, the assets
of the Trust Fund shall be invested in such investments as determined by the Trustee in accordance
with the powers contained herein.
Section 5.2 Investment Powers of Trustee. Except to the extent that authority with
respect to the management of all or a portion of the Trust Fund has been allocated to others in
accordance with this Trust Agreement, the Trustee shall have exclusive authority and discretion to
manage and control the Trust Fund, subject only to the investment guidelines that are mutually
agreed upon by the Trustee and the City of Edina from time to time. The authority to assume
responsibility for investment of assets of the Trust Fund has been retained by the City of Edina, and
the authority to hold assets of the Trust Fund may be allocated to one or more custodians or
insurance companies. Except as otherwise provided herein, the Trustee shall have, without
exclusion, all powers conferred on trustees by applicable law and, without limiting the foregoing,
shall have the following powers, rights, and duties in addition to those provided elsewhere in this
Trust Agreement:
(a) to invest and reinvest in any property wherever situated, whether real, personal,
mixed, foreign or domestic, including common -and preferred stocks, bonds, notes,
and debentures (including convertible stocks and securities); leaseholds, mortgages
(including, without limitation, any collective or part interest in any bond and
mortgage or note and mortgage), certificates of deposits, life insurance contracts,
guaranteed investment contracts, and guaranteed annuity contracts, all regardless of
diversification and without being limited to investments authorized by law for the
investment of trust funds;
(b) to invest and reinvest part or all of the Trust Fund in any deposit accounts, deposit
administration fund maintained by a legal reserve life insurance company in
accordance with an agreement between the Trustee and such insurance company, a
group annuity contract or life insurance policies issued by such insurance company
to the Trustee as contract holder, any interest bearing deposits held by any financial
institution having total capital and surplus of at least Fifty Million Dollars
($50,000,000), investments in any stocks, bonds, debentures, mutual fund shares,
notes, commercial paper, treasury bills, and any mutual, common, commingled or
collective trust funds or pooled investment funds, and to diversify such investments
so as to minimize the risk of losses;
981217:0736 -7-
(c) to commingle assets of the Trust Fund, for investment purposes only, with assets of
any common, collective, or commingled trust fund which has been or may hereafter
be established and maintained by the Trustee, or by any other institution and to make
withdrawals therefrom; provided that to the extent that any part or all of the assets
of the Trust Fund for which the Trustee has investment responsibility are invested in
any such common, collective or commingled trust fund or pooled investment fund
which is maintained by a bank or other institution (including a bank or trust company
acting as Trustee), the provisions of the documents under which such common,
collective or commingled trust fund or pooled investment fund are maintained shall
govern any investment therein and provided further that prior to investing any portion
of the Trust Fund for the first time in any such common, collective, or commingled
trust fund, the Trustee shall advise the City of Edina of its intent to make such an
investment and furnish to the City of Edina any information it may reasonably
request with respect to such common, collective, or commingled trust fund (other
than a trust fund established by the City of Edina), and provided further that the
Trustee shall maintain separate records with respect to each other trust of the Trust
Fund;
(d) to vote stock and other voting securities personally or by proxy (and to delegate the
Trustee's powers and discretion with respect to such stock or other voting securities
to such proxy), to exercise subscription, conversion and other rights and options (and
make payments from the Trust Fund in connection therewith), to take any action and
to abstain from taking any action with respect to any reorganization, consolidation,
merger, dissolution, recapitalization, refinancing and any other plan or change
affecting any property constituting a part of the Trust Fund (and in connection
therewith to delegate the Trustee's discretionary powers and pay assessments,
subscriptions and other charges from the Trust Fund), to hold or register any property
from time to time in the Trustee's name or in the name of a nominee or to hold it
unregistered or in such form that title shall pass by delivery; and to borrow from
anyone, including itself (to the extent permitted by law), such amounts from time to
time as the Trustee considers desirable to carry out this Trust (and to mortgage or
pledge all or part of the Trust Fund as security); to participate in any plan or
reorganization, consolidation, merger, combination, liquidation, or other similar plan
relating to any such property, and to consent to or oppose any such plan or any action
thereunder, or any contract lease, mortgage, purchase, sale, or other action by any
corporation or other entity any of the securities of which may at any time be held in
the Trust Fund, and to do any act with reference thereto;
(e) to retain in cash such amounts as the Trustee considers advisable and as permitted by
applicable law, and to deposit any cash so retained in any depository (including any
bank acting as Trustee) which the Trustee may select, provided such depository must
have total capital and surplus of at least Fifty Million Dollars ($50,000,000);
981217:0736 -8-
(f) when directed by the City of Edina, and subject to Section 4.4(g), to apply for, pay
premiums on, and maintain in force individual, ordinary, variable, or universal life
insurance policies on the lives of Participants, which policies may contain provisions
which the City of Edina may approve or direct; to receive or acquire such policy or
policies from the City, of Edina, but the Trustee may purchase a life insurance policy
from a person other than the insurer which issues a policy only if the Trustee pays,
transfers, or otherwise' exchanges an amount no more than the cash surrender value
of the policy or policies, and the policy or policies is (are) not subject to a mortgage
or similar lien which the Trustee would be required to assume; to have with respect
to such policy or policies any rights, powers, options, privileges, and benefits usually
comprised in the term "incidents of ownership" and normally vested in an owner of
such policy or policies to be exercised only pursuant to the directions of the City of
Edina;
(g) to retain any property at any time received by it;
(h) to sell, to exchange, to convey, to transfer, or to dispose of, and to grant options for
the purchase or exchange with respect to, any property at any time held by it, by
public or private sale, for cash or on credit or partly for cash and partly for credit;
(i) to deposit any such property with any protective, reorganization, or similar
committee; to delegate discretionary power to any such committee; and to pay part
of the expenses and compensation of any such committee and any assessments levied
with respect to any property so deposited;
(j) to exercise any conversion privilege or subscription right available in connection with
any such property, and to do any act with reference'thereto, including the exercise of
options, the making of agreements or subscription; and the payment of expenses,
assessment or subscription, which may -be deemed necessary or advisable in
connection therewith, and to hold and retain any securities or other property which
it may so acquire;
(k) to extend the time of payment of any obligation held in the Trust Fund;
(1) to enter into standby agreements for future investment either with or without a
standby fee;
(m) to acquire, renew, or extend, or participate in the renewal or extension of any
mortgage, and to agree to a reduction in the rate of interest on any indebtedness or
mortgage or to any other modification or change in the terms of any indebtedness or
mortgage, or of any guarantee thereto, in any manner and to any extent that may be
deemed advisable for the protection of the Trust Fund or the preservation of any
covenant or condition of any indebtedness or mortgage or in the performance of any
981217:0736 -9-
9
guarantee, or to enforce any default in such manner and to such extent as may be
deemed advisable; and to exercise and enforce any and all rights of foreclosure, to
bid on any property in foreclosure, to take a deed in lieu of foreclosure with or
without paying a consideration therefor, and in connection therewith to release the
obligation on the bond secured by such mortgage; and to exercise and enforce in any
action, suit or proceeding at law or in equity any rights or remedies in respect of any
such indebtedness or mortgage or guarantee;
(n) to make, execute, and deliver, as Trustee, any and all deeds, leases, notes, bonds,
guarantees, mortgage, conveyance, contracts, waivers, releases, or other instruments
in writing necessary or proper for the accomplishment of any of the foregoing
powers;
(o) to organize under the laws of any state one or more corporations, partnerships, or
trusts for the purpose of acquiring and holding title to any property that it is
authorized to acquire under this Trust Agreement and to exercise with respect thereto
any or all of the powers set forth in this Trust Agreement;
(p) notwithstanding any powers granted to the Trustee pursuant to this Trust Agreement
or to applicable law, the Trustee shall not have any power that could give this Trust
the objective of carrying on a business and dividing the gains therefrom, within the
meaning of Section 301.7701 -2 of the Procedure and Administrative Regulations
promulgated pursuant to the Code; and
(q) generally to do all acts, whether or not expressly authorized, that the Trustee deems
necessary or desirable for the protection of the Trust Fund, and to carry out the
purposes of the Trust.
Section 5.3 Investment Managers. The City of Edina may appoint one or more
investment managers to direct the investment of any part or all of the assets of the Trust Fund by
the Trustee. Appointment of an investment manager shall be made by written agreement between
the City of Edina and the investment manager. The Trustee shall receive a copy of each such
agreement and all amendments, modifications, and terminations thereof and shall give written
acknowledgment of receipt of same. Until receipt of a copy of each such amendment, modification,
or termination, the Trustee shall be fully protected in assuming the continuing authority of such
investment manager under the terms of the original agreement with the City of Edina. The
agreement between the City of Edina and the investment manager shall specify those powers, rights,
and duties of the Trustee under this Trust that are allocated to the investment manager(s) and the
portion of the assets of the Trust Fund subject to the investment manager(s). After such written
agreement has been so executed between the City of Edina and the investment manager(s) the
Trustee shall have no obligation or responsibility for those investment duties and powers which are
allocated to an investment manager. One of those powers is voting proxies; however, the investment
manager will not have that power if the agreement described herein expressly precludes the
981217:0736 -10-
investment manager from voting proxies (and the Trustee shall have the power subject to the powers
retained by the City of Edina). An investment manager so appointed pursuant to this paragraph shall
be (i) a registered investment adviser under the Investment Advisers Act of 1940, (ii) is . not
registered as an investment adviser under such Act because of paragraph (1) of section 203A(a) of
such Act, is registered as an investment adviser under the laws of the State (referred to in such
paragraph (1)) in which it maintains its principal office and place of business and satisfied any
applicable filing requirements, (iii) a bank, as defined in said Act, or (iv)' an insurance company
qualified to manage, acquire and dispose of the assets of the Plan under the laws of more than one
State of the United States. Any such investment manager shall acknowledge to the City of Edina in
writing that it accepts such appointment. The Trustee shall not be liable for any loss or diminution
of any assets managed by an investment manager, including without limitation any loss or
diminution caused by any action or inaction taken or omitted by it at the direction of an investment
manager. In addition, the Trustee shall not be liable for the diversification of any assets managed
by investment managers of the City of Edina, each of which shall be solely the responsibility of the
City of Edina. An investment manager may resign at any time upon written notice to the Trustee and
the City of Edina. The City of Edina may remove an investment manager at any time by written
notice to the investment manager and the Trustee.
The City of Edina may by written notice to the Trustee assume investment responsibility for
any portion or all of the Trust assets. The Trustee shall have no responsibility or liability for the
investment of such assets for which the City of Edina has assumed such investment responsibility
except to act with respect to such assets as directed by the City of Edina.
Section 5.4 Single Fund. All assets of the Trust Fund and of each investment fund, and
the income thereon, shall be held and invested as a single fund and the Trustee shall not make any
separate investment of the Trust Fund, or make any separate investment fund, for the account of any
Participant prior to receipt of directions to make payments to such Participant in accordance with
Article VI. All rights associated with assets of the Trust shall be exercised by Trustee or the person
designated by Trustee, and shall in no event be exercisable by or rest with Participants.
ARTICLE VI
PAYMENTS FROM THE TRUST
Section "6.1 Obligation of Trustee to Make Payments to Participants. The Trustee's
obligation to distribute to any Participant or Beneficiary out of the assets of the Trust Fund shall be
limited to payment at such.times and in such amounts as are properly in conformance with the
provisions of Section 6.3. Payments to Participants or their Beneficiaries pursuant to this Article VI
shall be made by the Trustee to the extent that funds in the Trust Fund are sufficient for such
purpose. In the event the City of Edina determines that it will pay benefits directly to Participants
or their Beneficiaries as they become due under the terms of the Plan, the City of Edina shall notify
Trustee of its decision prior to the time amounts are payable to Participants or their Beneficiaries.
981217:0736 -11-
Section 6.2 Distributions to Participants. Distributions to Participants from the Trust
Fund shall discharge, reduce, and offset the obligation of the City of Edina to pay benefits payable
to or on behalf of the Participant, to the extent of the distributions, with respect to the Plan.
Section 6.3 Authorization for Distributions. Distributions which shall be made from
the Trust Fund to pay benefits in accordance with the Plan shall be- initiated, by written direction to
the Trustee from the City of Edina, which direction shall indicate the�amount payable in respect of
a Plan Participant (and his or her Beneficiary), the form in which such amount is to be paid (or
provided for or available under the Plan) or manner in which distribution is to be made, and the time
- of- commencement of payment-of such amount-, including any- federal; state-,'6f local income taxes
to be withheld; and the Trustee shall make or commence the directed distributions after receipt of
such written' direction. The entitlement of a. Plan Participant or his. or her Beneficiaries to benefits
under the Plan shall be determined by. the City of Edina or such party as it shall designate under the
Plan, and any claim for such benefits shall be- considered and reviewed.under the procedures set out
in the Plan.
Section 6.4 Insufficient Trust Fund Assets. If the City of Edina determines that the
Trust Fund does not have sufficient funds to provide ' for the payment of all amounts otherwise
payable to Participants (or their Beneficiaries) from the Trust under the Plans, it shall notify the City
of Edina and the Trustee of the amount of the deficiency, and, within forty -five (45) days of such
notice, the City of Edina shall deposit in trust with the Trustee the additional amounts needed to
make such payments. Upon receipt of such amounts by the Trustee from the City of Edina, proceeds
shall first be used by the Trustee to pay any benefits previously due remaining unpaid, in the order
in which they were due; pursuant to instructions from the City of Edina.
Section 6.5 Payment of Excess Assets to the City of Edina. The City of Edina shall
have no right or power to direct the Trustee to return to the City of Edina or to divert to others any
of the Trust Fund until 'payment of all benefits has been made to all Participants (or .their
Beneficiaries) pursuant to the terms of the Plan.
Section 6.6 Withholding of Taxes. Any amount paid to a Participant or Beneficiary by
the Trustee in accordance with this Article VI shall be reduced by the amount of taxes required to
be withheld, and the Trustee shall inform the City of Edina'of all amounts so withheld. The Trustee
shall have full responsibility for the payment of all withholding taxes to the appropriate taxing
authorities. Each Participant shall be furnished with the appropriate tax information form evidencing
payments under the Trust and the amount(s) thereof. .
ARTICLE VII
RESIGNATION OR REMOVAL OF TRUSTEE
Section 7.1 Resignation or Removal of Trustee. The Trustee may resign for any reason
or for no reason and at any time by giving thirty (30) days prior written notice to the City of Edina
(or such shorter notice as may be agreed to by the City of Edina and the Trustee). Subject to
9812M0736 -12-
Section 7.2(b) hereof the City of Edina may, remove the Trustee for an y reason or for no reason and
at any time by giving thirty (30) days prior written notice to the Trustee (or such shorter notice as
may be agreed to by the City of Edina and the Trustee).
Section 7.2 Successor Trustee. In the event of the resignation or removal of a Trustee,
a successor Trustee shall be appointed by the effective date of such resignation or removal. The City
of Edina shall give notice of any such appointment to the retiring Trustee and the successor Trustee.
A successor Trustee shall be appointed in accordance with the following provisions:
(a) A successor Trustee shall be appointed by the City of Edina. I If a Trustee should
resign or be removed, and the City of Edina does not notify the Trustee of the
appointment of a successor Trustee within forty -five (45) days of the notice of the
Trustee's resignation or removal, then the City of Edina shall be deemed to have
failed to have appointed a successor Trustee, and the Trustee shall apply to a court
of competent jurisdiction for appointment of a successor Trustee or for instructions.
(b) Notwithstanding Section 7. 1, no resignation by or removal of the Trustee shall be
effective prior. to the effective date of the appointment of a successor Trustee by the
City of Edina or a court of competent jurisdiction.
Section 73 Duties of Retiring and Successor Trustees. In the,event of the resignation
or removal of a Trustee, the retiring Trustee shall within sixty (60) days after the effective date of
resignation or removal furnish to the successor Trustee and the City of Edina a final accounting of
its administration of the Trust. A successor Trustee shall succeed to the right and title of the
predecessor Trustee in the assets of the Trust Fund and the retiring Trustee shall deliver the property
comprising the assets of the Trust Fund (less any unpaid fees and expenses of the retiring Trustee)
to the successor Trustee, together with any instruments of transfer, conveyance, assignment and
further assurance as the successor Trustee may reasonably require. All of the provisions of the Trust
set forth herein with respect to the Trustee shall relate to each successor Trustee with the same force
and effect as if such successor Trustee had been originally named as the Trustee hereunder. Unless
otherwise required by law, the successor Trustee shall not be required .to examine the accounts,
records, or acts of the prior Trustee. In no event shall the successor Trustee be liable to the City of
Edina for the acts or omissions to act by its predecessors.
ARTICLE VIII
AMENDMENT AND TERMINATION OF TRUST
Section 8.1 Amendment. Except as otherwise provided in Section 2.3 of this Trust
Agreement and except any amendment that would cause the loss of the tax - exempt status of the
Trust, the Trust Agreement may be amended by a written instrument executed by the Trustee and
the City of Edina, which amendment shall include the effective date of such amendment. Any
amendment of the Trust Agreement may be made without limitation and in any manner and effective
as of any date, including a retroactive effective date. However, no amendment shall conflict with
9812170736 -13-
the terms of the Plan. No amendment shall operate to change the duties and liabilities of the Trustee
without its consent or make the Trust Agreement revocable. The City of Edina and the Trustee shall
execute such amendments of the Trust Agreement as shall be necessary to give effect to any
amendment made in accordance with this section.
Section 8.2 Termination. After all assets of the Trust Fund have been distributed by the
Trustee to the Participants or their Beneficiaries in accordance with the terms of the Plan and
Article VI, the Trustee shall render an accounting, which shall be the final accounting, in the manner
provided for in Section 4.3. Upon acceptance of the accounting by the City of Edina, and after
deduction of such reasonable amount for compensation and expenses as provided for in Section 9.7,
if any, the Trust shall terminate thereupon. The Trust and all the right, titles, powers, duties,
discretions and immunities imposed on or reserved to the Trustee and the City of Edina, shall
continue in effect until all assets of the Trust Fund have been distributed as provided herein.
ARTICLE IX
GENERAL PROVISIONS
Section 9.1 Coordination with Plan. The responsibilities of the Trustee shall be
governed solely by the terms of this Trust Agreement. The Trustee shall discharge its duties and
responsibilities in accordance with its rules and procedures. The City of Edina shall discharge its
responsibilities and duties under the Trust Agreement through the Committee appointed under the
terms of the Plan except, however, that the City Council of the City of Edina shall have the exclusive
authority, which may not be delegated, to act for the City of Edina:
(a) to amend this Trust Agreement and to terminate the Trust;
(b) to appoint or remove a Trustee or accept the resignation of a Trustee; and
(c) to appoint or remove an investment manager.
Section 9.2 Litigation. In any action or proceeding regarding the Trust, the City of Edina,
any assets of the Trust Fund, or the administration of the Trust Agreement any creditors who are not
parties to such action or proceedings and any other persons having or claiming to have a beneficial
interest in the Trust shall not be necessary parties and shall not be entitled to any notice of process.
Any final judgment which is not appealed or appealable and which may be entered in any such action
or proceeding shall be binding and conclusive on the parties hereto and all persons having or
claiming to have a beneficial interest in the Trust. Acceptance by a creditor of assets of the Trust
Fund shall constitute a release of an equal amount of any obligations of the City of Edina to such
creditor.
Section 9.3 Trustee's Action Conclusive. Subject to applicable law, the Trustee's
reasonable exercise or non - exercise of its powers and discretion in good faith shall be conclusive on
all persons. No one other than the City of Edina shall be obliged to see to the application of any
9812170736 -14-
money paid or property delivered to the Trustee. The certificate of the-Trustee that it is acting
according to this Trust will protect all persons dealing with the Trustee.
Section 9.4 No Guarantee or Responsibility. Notwithstanding any other provision of
this Trust Agreement to the contrary, the Trustee does not guarantee payment of any amount which
may become due and payable to a Participant or a Beneficiary. Except as required by.applicable law,
the Trustee shall have no responsibility for the disclosure to Participants regarding the terms of the
Plan or of this Trust Agreement, or for the validity thereof. The Trustee shall not be responsible for
administrative functions under the Plan and shall have only such responsibilities under this Trust
Agreement as specifically set forth herein. The Trustee will be under no liability or obligation to
anyone with respect to any failure on the part of the City of Edina, the Plan, or the City of Edina's
independent public accounting firm, an investment manager; or a Participant to perform any of their
respective obligations under the Plan or this Trust Agreement. The Trustee shall be protected in
relying upon any notice or direction provided to it from the City of Edina in connection with the
Trustee's duties hereunder which the Trustee in good faith believes to be genuine, and executed and
delivered in accordance with this Trust Agreement. 'Nothing in this Trust Agreement shall be
construed as requiring the Trustee to make any payment in excess of the amounts held in the Trust
Fund at the time of such payment or otherwise to risk or expend its own funds.
Section 9.5 Liabilities Mutually Exclusive. Each of the Trustee and the City of Edina
shall be responsible only for its own acts or omissions.
Section 9.6 Indemnification. If the Trustee undertakes or defends any litigation with a
third party arising in connection with the Trust, the, City of Edina agrees to indemnify to the extent
permitted by law the Trustee and hold. it harmless against Trustee's costs, expenses and liabilities
(including, without limitations, attorneys' fees and expenses) relating thereto and. to be primarily
liable for such payments, provided that the Trustee did not act dishonestly, or in willful or negligent
violation of the law, or in bad faith in the performance of its responsibilities hereunder pursuant to
which such liability, cost or expense arose, and' provided further that the City of Edina receives
notice of any such litigation and been given the opportunity to defend or respond to such litigation.
If the City of Edina does not pay such costs, expenses and liabilities in a reasonably timely manner,
and it has received notice of such litigation as provided in the preceding sentence, then the Trustee
may obtain payment from the Trust. This section shall survive the termination of the Trust..
Section 9.7 Expenses and Compensation. The Trustee shall be paid compensation by
the City of Edina in an amount agreed to by the City of Edina and the Trustee. The Trustee shall be
reimbursed by the City of Edina for reasonable and necessary expenses incurred by it in the
management and administration of this Trust Agreement; and if the Trustee is not timely, reimbursed
with respect to amounts due pursuant to this Section 9.7, the Trustee may charge such amounts
against the Trust Fund. Any compensation or expenses so agreed upon or otherwise payable not paid
by the City of Edina on a timely basis may--be charged to the Trust Fund no more frequently than
quarterly upon notice to the City of Edina.
981217:0736 -15-
Section 9.8 Notice. Any notice to the Trustee or to the City of Edina required or permitted
under this Trust Agreement shall be duly and properly given and delivered if sent by certified United
States mail, return receipt requested, to the Trustee at:
and to the City of Edina at:
Gordon Hughes
City of Edina
Attn: Cecelia Smith
4801 West 50th Street
Edina, Minnesota 55424 -1394
or to such other address as the Trustee or the City of Edina may specify by written notice to the other.
Section 9.9 Antiassignment Clause. Benefits payable to Participants and their
Beneficiaries under this Trust Agreement may not be anticipated, assigned (either at law or in
equity), alienated, pledged, encumbered or subjected to attachment, garnishment, levy, execution or
other legal or equitable process.
Section 9.10 True and Correct Document. Any persons dealing with the Trustee may
rely upon a copy of this Trust Agreement and any amendments thereto certified to be true and correct
by the Trustee.
Section 9.11 Waiver of Notice. Any notice required under this Trust Agreement may be
waived by the person entitled to such notice.
. Section 9.12 Counterparts. This Trust Agreement may be executed in two or more
counterparts, any one of which will be an original without reference to the others.
Section 9.13 Gender and Number. Words denoting the masculine gender shall include
the feminine and neuter genders and the singular shall include the plural and the plural shall include
the singular wherever required by the context.
Section 9.14 Successors. This Trust Agreement shall be binding on all persons entitled
to payments hereunder and their respective heirs and legal representatives, and on the City of Edina,
the Trustee, and their respective successors.
Section 9.15 Severability. If any provision of this Trust Agreement is held to be illegal
or invalid, such illegality or invalidity shall not affect the remaining provisions of this Trust
981217:0736 -16-
Agreement which shall be construed and enforced as if such illegal or invalid provisions had never
been inserted herein.
Section 9.16 Applicable Law. The Trust shall be governed by the laws of the State of
Minnesota -and the Trust Agreement shall be operated and construed in accordance with such laws.
IN WITNESS WHEREOF, the City of Edina and the Trustee have caused this Trust
Agreement to be signed by their duly authorized representatives, and have caused their respective
seals to be hereunto affixed, as of the day and year first above written.
CITY OF EDINA
By .
Its
Gordon Hughes; as Trustee
By
981217.0736 -17-
To: Mayor & City Council
From: John Wallin
Finance Director
Date:. December 21, 1998
Subject:
Levy and Budget Adoption
Hearing
Recommendation:
REPORT /RECOMMENDATION
Agenda Item # XI.)
Consent ❑
Information Only ❑
Mgr. Recommends ❑
Action ❑
To H RA
To Council
Motion
Resolution
Ordinance
Discussion
Adopt Resolution approving the budget for 1999 expenditures at
$18,526,834.00 and the General Fund Property Tax Levy at
$13,284,962.00
o e t4
less
To: Mayor & City Council
From: John Wallin
Finance Director
Date: December 21, 1998
Subject: Fees and Charges
REPORURECOMMENDATION
Agenda Item # XI.B,C,DandE
Consent El
Information Only El
Mgr. Recommends F-�
To HRA
®
To Council
Action ❑
Motion
®
Resolution .
®
Ordinance
❑
Discussion
Recommendation:
Discuss the proposed fees and charges to be adopted by ordinance and resolution.
Info /Background:
Attached are the following schedules for fees and charges proposed for 1999. The fees
that are proposed to change from 1998 to 1999 are in bold.
1) Schedule of Fees and Charges for the General Fund. The rates reflect an
overall 3% increase as discussed during the budget assumption process.
However, individual fees may or may not have increased by 3 %. The Utility
Fund fees are currently being reviewed by a consultant and will be brought to
the Council for the first meeting in January.
2) Ordinance approved fees.
3) Resolution approved fees for park and recreation.
4) Resolution approved ambulance fees.
5) Resolution approved miscellaneous fees.
I discussed with the various departments the rational used for the fees they would
recommend. Department heads review their fees to be charged with the various costs
and time associated with it. Based on follow up meetings, we have adjusted some of
the fees to better reflect our costs.
Some department heads choose to recommend increases in fees in round increments
which may mean that all fees are not increased every year. Fees such as building
permits, handgun carry permits, Sunday liquor license and Club liquor licenses are set
at the maximum.allowed by statute or code.
In most cases, fees are determined by figuring the city costs such as legal and
advertising and the staff time needed to compile the final documents for Council.
approval for those permits requiring Council approval. The fees are within a range of
the costs incurred and with the various levels of staff time. For example a variance
application may require little staff time and costs or can require many hours of staff time
through multiple Council meetings for more complex issues. Fees have been set in the
past to reflect more the lower end of the cost scale.
The Association of Metropolitan Municipalities did a study on 1997 fees and charges
comparing 30 cities over 20,000 population. Our review of this study shows that we're
at or near the top of the surveyed cities on most fees (see attached listing).
Fees listed as investigation fees are deposits. If the amount of total costs is less than
the deposit collected, the difference is returned to the applicant upon issuance of the
license.
OF 30 CITIES OVER 20,000 IN SURVEY
FEE TYPE HOW EDINA'S FEES COMPARE
3.2 Beer In -sale
Middle of range of citys'
fees
3.2 Beer Off -sale
Highest of all cities
3.2 Beer On -sale Temporary
2 cities higher
Wine On -sale
Middle of range of citys'
fees
Amusement Center
Middle of range of citys'
fees
Amusement Device
Middle of range of citys'
fees
Public Dance
Middle of range of citys'
fees
Building Permit
Highest - tied with many
cities
Building Moving Fee
2 cities higher
Plan Check
Highest - tied with many
cities
Plumbing Permit
2 to 5 cities higher depending
on criteria used
Public Improvement Admin Fee
1 city higher
Gas Fitter
4 cities higher
Dog Kennel
Middle of range of citys'
fees
Dog License (all categories)
Highest of all cities
Animal Impound Fees
2 cities higher
Catering
1 city higher
Tobacco
1 city higher
Courtesy Bench
Lower 1/3 of all cities
Food Vending Machine
3 cities higher
Garbage Hauler
2 cities higher
Massage Therapist
Middle of range of citys'
fees
Restaurant Sit -down
1 city higher
Sexually Oriented Business License
Lower 1/3 of all cities
Park and Rec Ball Field Rental
1 city higher
Park and Rec Field Light Rental
1 city higher
Conditional Use Permit
1 city higher
Rezoning
3 to 5 higher depending on classifications used
Lot Split
Middle of range of citys'
fees
Sign Permit
Top 1/3 of all cities
Subdivision
1 city higher
Vacation
Lower 1/3 of all cities
Variance
4 to 6 cities higher depending on classification
False Alarms - Police
2 to 7 higher based on some cities sliding scales
Copies (all catogories)
Highest of all cities
Schedule of Fees and Charges for the General Fund
Fee No.
Description
1998 Fee
Permits
1999 Fee
Fire
Sprinkler Permit:
110 -117
Sprinkler permit
50 -330
190
50 -330
118
Fire pump install
90
90
119
Standpipe install only
90
90
120
Each additional
10
10
Gas Pump, Tank & Bum:
95 -98
Special hazard
75-175
35
75-175
- .105 -
- Grease - vent - -- - -- - -
. 75 -._> -
- -65- -
-- _, -75 -
121
Fire alarm system - State Code
30
100
Fire exting system
30
20
30
125.
False Alarms:
300
6
Residential
300
Commercial
Soo
Planning
85
Sign Permit
60
80
60
86
Bench courtesy
12
57
15
87
Sign variance - residential
125
125
88
Sign variance - commercial
250
250
Planning Fees:
160
NBR property owner
$1 /owner
400 -
$1 /owner
180
Restricted parking
500
1
500
181
0 - 5- spaces
100
100
182
51 - 100 spaces
150
150
183
100 -200 spaces
250
250
184
Over 200 spaces
400
400
192 -194
Rezoning
400-750
3
400-750
195
Retail sale in PID
300
1
300
196
Conditional use permit
500
1
500
199
Final developers plan
500
4
500
161
Lot division
100
4
100
162
Subdivision
400 + $50/lot
4
400 + $5011ot
163
Developer fee /plan A
6.5% total cost
6.5 %. total cost
190
Residential variance
150
50
150
191
Commercial variance
250
3
250
25,198
Landscaping
100
10
100
197
Temporary conditional use
75
1
75
170
Vacation applications
200
3 .
300
230
Variance for RV storage
50
1
50
Resolution
Compliance letters
100
40
100
Police /Clerk
Massage & Amusement
1
Public dance
35
So
5
Lawful gambling
10
9
10
10
Mech amusement device location
45
7
60
Page 1
Schedule of Fees and Charges for the General Fund
Fee No.
Description
1998 Fee
Permitsl
1999 Fee
11
Each machine
7
244
12
225
Loudspeaker permit
11
20
15
Commercial photography
290a
Manager approve still
25
1
25
290b
Manager approve motion
100
8
100
290c
Council permit
300
300
265
Parking permit
3.50 /month
3.50 /month
266
Refund on sticker
3.50 /month
3.50 /month
Manager
Handgun carry permit
10
10
285
Business massage license
200
200
286
Individual massage license
65
30
70
286a
Additional location
25
2
25
287
Investigation fee - indiv. license
65
12
70
288
Investigation fee - business license
1500
1500
289
Sexually oriented business
200
5000
289a
Investigation fee - sexually oriented
1500
1500
291
Impounded vehicle
as posted
as posted
Police
220
False alarm
100
510
105
Dog & Impounding Fees:
Impounding:
15
Daily care
15
100
16
16
First offense/year
35
140
35
17
Second offense /year
60
4
60
18
Third offense /year
110
1
110
19
Disposal
15
8
20
20
Dog license
25
100
26
20
Neutered license
12
300
13
22
Duplicate license
6
10
6
23
Kennel license
55
55
24
Extra dog or cat
100
1
100
21
Dog renewal license
11
50
12
21
Dog license renew s/n
8
150
9
21a
Late charge
25
26
21a
Late charge /spayed
12
13
City Clerk
Beer & Liquor
205
Sunday Liquor license
200
2
200
206
On -sale liquor
675
2
675
207
On -sale beer - renewal
245
24
252
208
On -sale beer - new
310
1
319
209
Off -sale beer - renewal
245
5
252
210
Off -sales beer - new
310
319
211
Temporary 3.2 beer license
55
1
57
On -Sale Wine:
212
50 or less seats
805
1
829
Page 2
Schedule of Fees and Charges for the General Fund
Fee No.
Description
1998 Fee
Permits
1999 Fee
213
51 - 100 seats
875
4
901
214
101 - 150 seats
950
5
978
215
Over 150 seats
1015
6
1045
216
Managers license
75
65
77
261
Sidewalk caf6 permit
515
1
530
290
Restrictive road permit
10
300
10
Health
Pool, Spa and Garage
81
Indoor swimming pool
370
26
380
82
Outdoor swimming pool
200
31
205
83
Whirlpool
100
16
105
157
Parking garage license
35
100
35
158
Parking garage inspection
65
30
65
Food & Soft Drinks:
130
Sewage disposal system
30
30
135
Food establishment
545
560
135
Manager certified
495
94
510
135
Added facility
140
14
145
136
Day care limited food
170
14
175
137
Take out food
365
375
137
Manager certified
315
20
325
'138
Packaged food
160
165
139
Food warehouse
90
95
140
Catering food establishment
545
560
140
Manager certified
495
7
510
140
Added facility
140
145
141
Itinerant food establishment
90
30
95
142
Retail candy shop
70
3
75
142
Additional facility
10
10
143
Potentially hazardous facility
110
115
144
Fleet of 5 or more
550
575
145
Catering vehicle
200
205
145
Added vehicle
45
50
146
Food vehicle
110
6
115
147
Fleet of 5 or more
550
575
147a
Pushcart
160
170
148
Food vending machine
15
220
15
150
Food establishment plan
100% license fee
100% license fee
149
Minimum fee
25
25
151
Food establishment plan remodel
50% license fee
50 % license fee
Hotel license
155
50 or less rooms
270
1
270
155
Over 50 rooms
$2/added room
$2/added room
156
Lodging license
70
75
Scavenger & Garbage:
Collectors:
270
Garbage hauler
240
17
250
270.
Added vehicle
70
64
75
Page 3
Fee No.
280 Tobacco
30
31
32
33
34
35
36
37
38
39
40
41
45
46
48a
48b
48c
50
50a
50b
50c
50d
50e
50f
55
56
76
76a
165
175
176
80
90
Schedule of Fees and Charges for the General Fund
Building
Building Permits:
Building permit fee calculation
$0-$500
$501 - $2,000
$2,001 - $25,000
$25,001 - $50,000
$50,001 - $100,000
$100,001 - $500,000
$500,001 - $1,000,000
$1,000,000 & OVER
Reinspection
Inspection for state license
Code compliance inspection:
Residential
Commercial
License surcharge
Moving of buildings
Indemnity for damages
Street surface repair
Under 10 square feet
10 - 25 square feet
Over 25 square feet
Annual registration - Right of Way
Minimum permit fee
Per additional excavation (paved)
Per additional excavation (unpaved)
Underground util instal - tunneling
Underground util instal - trenching
Overhead utility installation
Installers license
Gasfitting license
Water conditioner install
Surcharge for prohibited connection
Radio & TV antennas
Tree removal /grading
Excavation /open pit
Pool construction
Parking ramp license
21
$21 + 2.75 /add $ > $500
$62.25 + 12.50 /add $ > $2,000
$349.75 + 9.00 /add $ > $25,000
$574.75 + 6.25 /add $ > $50,000
$887.25 + 5.00 /add $ > $100,000
$2,887.25 + 4.25 /add $ > $500,000
$5,012.25 + 2.75 /add $ > $1,000,00(
42
150
320
5
212
530
$15 /square foot
$10 /square foot
$7 /square foot
(in addition to minimum permit fee)
(in addition to minimum permit fee)
(in addition to minimum permit fee)
55
55
25
Building permit amount
Building permit amount
Building permit amount
Building permit amount
100
Page 4
21
$21 + 2.75 /add $ > $500
$62.25 + 12.50 /add $ > $2,000
$349.75 +. 9.00 /add $ > $25,000
$574.75 + 6.25 /add $ > $50,000
$887.25 + 5.00 /add $ > $100,000
$2,887.25 + 4.25 /add $ > $500,000
5,012.25 + 2.75 /add $ > $1,000,00(
42
$421hr or total hourly
whichever is greater
150
320
5
212
0
$25 /square foot
$20 /square foot
$17 /square foot
200
70
30
15
$40 /100 L.F.
$551100 L.F.
$51100 L.F.
55
55
22
$100 /month
Building permit amount
Building permit amount
Building permit amount
Building permit amount
100
Schedule of Fees and Charges for the General Fund
Fee No.
Description
1998 Fee
Permftj
1999 Fee
260
Curb cut
35
35
Plumbing:
Minimum fee:
60
Residential
22
22
61
Commercial
27
27
61a
Testing RPZ backflow prevention
25
27
Fee calculation:
62
$0-$1,000
$16.00 + 3.10% > $500
$16.00 + 3.10% > $500
63
$1,001 - $5,000
$31.50 + 2.60% > $1,000
$31.50 + 2.60% > $1,000
64
$5,001 - $10,000
$135.50 + 2.15% > $5,000
$135.50 + 2.15% > $5,000
65
$10,001 - $25,000
$243.00 + 1.85% > $10,000
$243.00 + 1.85% > $10,000
66
$25,001 - $50,000
$520.50 + 1.65% > $25,000
$520.50 + 1.65% > $25,000
67
$50,001 & over
$933.00 + 1.30% > $50,000
$933.00 + 1.30% > $50,000
Heating, Ventilation & Mechanical:
Mechanical:
Minimum fee:
68
Residential
22
22
69
Commercial
27
27
Fee calculation:
70
$0-$1,000
$16.00 + 3.10% >$500
$16.00 + 3.10% >$500
71
$1,001 - $5,000
$31.50 + 2.60% > $1,000
$31.50 + 2.60% > $1,000
72
$5,001 - $10,000
$135.50 + 2.15% > $5,000
$135.50 + 2.15% > $5,000
73
$10,000 - $25,000
$243.00 + 1.85% > $10,000
$243.00 + 1.85% > $10,000
74
$25,001 - $50,000
$520.50 + 1.65% > $25,000
$520.50 + 1.65% > $25,000
75
$50,001 & OVER
$933.00 + 1.30% > $50,000
$933.00 + 1.30% > $50,000
Park and Recreation
Registration Fee:
Resolution
Playground
12
454
12
Resolution
Coach pitch
40
172
40
Resolution
Tennis instruction
35
329
35
Resolution
Field use fee
6
4931
6
Resolution
Rink fee
6
750
6
Resolution
Peewee tennis
25
160
25
Resolution
Team tennis
60
29
60
Page 5
. v>N
SCHEDULE2
ORDINANCE NO. 1998 - 7
THE CITY COUNCIL OF THE CITY OF EDINA ORDAINS:
Section 1. The following described fees of Schedule A to Code Section 185 are
amended to read as follows:
SECTION
SUBSEC.
PURPOSE OF
AMOUNT
FEE
FEEICHARGE '
NO.
200
200.04
Public dance
$50.00
1
permit
220
220.04
Machine or
$60.00 annually per
10
amusement
establishment, plus
device license
$12.00 per machine
11
300
399.02 Subd 2
Redemption of
$16.00 per day for feeding
15
impounded
and care, any veterinarian
animals
services and impounding
fee
300
300.02 Subd 3
Disposal of
$20.00 per animal
19
animal
300
300.03 Subd 3
Dog license
$26.00 per do or $13.00
20
per neutered dog
300
300.03 Subd 3
Dog license
$12.00 per dog or $9.00
21
renewal
per neutered dog
300
300.03 Subd 3
Dog license
$26.00 per dog or $13.00
21 a
renewal
per neutered dog
415
415.02 Subd 3
Indemnity
$ 0
46
deposit for
damages
sustained by
moving of
building
420
420.07 Subd 2.J
Street surface
Under 10 square feet - $25.00 /sf
10 - 25 square feet - $20.00 /sf
48a
48b
repair
over 25 square feet - $17.00 /sf
48c
435
435.07
Installation or
$27.00
61a
testing of PRZ
backflow
preventers
440
440.04
Water
$22.00
76
conditioning
equipment
installation
permit
445
445.08
Surcharge for
$100.00 per month
76a
prohibited
I A041 .rP11 11 C A /'%MMKIAAIPC Alit 10GA -7 PAGE
connection
450
450.27
Public or semi-
$380.00 per annum for each
81
public swimming
pool enclosed part or all of
pool license
the year
$205.00 per annum for each
82
bath or pool
450
450.27 Subd 4
Public or semi-
$105.00 per annum for
83
public whirlpool
each bath of pool
bath or
therapeutic
swimming pool
license
460
460.06 Subd 1
Bench courtesy
$15.00 per annum
86
sign permit
635
635.02
False.alarm
$300.00 residential
125
system permit
$500.00 commercial
720
720.04 Sub 3
Food
$560.00 per annum,
135
establishment
$510.00 if certified
license
pursuant to Subsection
720.04, Subd 3C of this
Code, plus $145.00 per
annum for each additional
facility
Day care, limited
$175.00
136
food
establishment
license
Take -out food
$375.00 per annum,
137
facility license
$325.00 if certified
pursuant to Subsection
720.04, Subd 3C of this
Code
Packaged food
$165.00 per annum
138
sales license
Food warehouse
$95.00 per annum
139
license
Catering food
$560.00 per annum,
140
establishment
$510.00 if certified
license
pursuant to Subsection
720.04, Subd 3C of this
Code, plus $145.00 per
annum for each add'I
facility
Itinerant food
$95.00 per event
141
establishment
license
Retail candy
$75.00 per annum
142
shop license
SCHEDULE 2 - ORDINANCE NO. 1998 -7
PAGE
Potentially
$115.00 per annum
143
hazardous food
vehicle license
Fleet of 5 or
$575.00 per annum
144
more potentially
hazardous food
vehicles license
Catering food
$205.00 per annum, plus
145
vehicle license
$50.00 per annum for each
add'I vehicle
Food vehicle
$115.00
146
license
Fleet of 5 or
$575.00 per annum
147
more food
vehicles license
Pushcart
$170.00
147a
License
735
735.03
Hotel, lodging or
Hotels - $270.00 for 1 -50
boarding house
rooms - $2.00 /each room
license
Lodging and boarding
156
houses /$75.00 per location
820
820.01
Filing of
$300.00
170
application for
vacation of
street, alley or
easement
900
900.6 Subd 1
Non - intoxicating
malt liquor
license:
On -sale
$252.00 renewal
207
$319.00 new
208
900
900.04 Subd 2
Off -sale
$252.00 renewal
209
$319.00 new
210
900
900.16 Subd 3
Temporary on-
$57.00
211
sale non-
intoxicating malt
liquor license
900
900.16 Subd 1
On -sale wine
Per year - Restaurants with 50 or
license
fewer seats $829.00
212
51 -100 seats inclusive $901.00
213
101- 150seats Inclusive $978.00
214
Over 150 seats $1045.00
215
900
900.17 Subd 6A
Manager's
$77.00 per year
216
license
1020
1020.02
False automatic
$105.00
220
alarm
1040
1040.08
Loudspeaker
$15.00
225
permit
cr_WFni n F 9 - nRniNANCE NO. 1998 -7
PAGE
1230
1230.07
Sidewalk cafe
$530.00
261
permit
1300
1300.02 Subd 1
Refuse or
$250.00 per annum for
270
recycling hauler
first vehicle, $75.00 for
license
each additional vehicle
1340
1340.06 Subd 1
Tobacco sale
$270.00 per location
280
license
1340
1340.06 Subd 1
License for
$70.00
286
individual
performing
massage or
escort services
1340
1340.06 Subd 2
Investigation fee
$70.00
287
at time of
original
application for
an individual
license
1345
1345.05 Subd 2
License for
$5,000.00
289
sexually oriented
businesses
1999 PARK AND RECREATION FEES
BE IT RESOLVED that the Edina City Council does hereby approve and set the
following 1999 Park and Recreation Fees.
".,PA RK AND RECREATION..__
S
1998
1999
PLAYGROUND
$12.00
$12.00
COACH PITCH
$40.00
$40.00
ADULT TENNIS INSTRUCTION
$35.00
$35.00
YOUTH TENNIS INSTRUCTION
$35.00
$35.00
PEE WEE TENNIS
$25.00
$25.00
TEAM TENNIS
$60.00
$60.00
TENNIS CAMP
$75.00
$75.00
YOUTH SUMMER CLASSIC TENNIS
TOURNAMENT
$12.00
$12.00
ADULT SUMMER CLASSIC TENNIS
TOURNAMENT
$15.00
$15.00
:AD I LT
S
SUMMER SOFTBALL.
SOFTBALL POST SEASON TOURNEY
1998
1999
1998,
1999
Co -Rec & Mens
$345.00
$345.00
Team Entry Fee $50.00
$50.00
Classic League
Mens/Womens 35 &
$310.00
$310.00
Over & Industrial.
BASKETBALL'
League
Non - Resident Fee
$25.00
$25.00
5 -Man C League
$425.00
$400.00
(Individual)
Non - Resident Fee
$150.00
$150.00
5 -Man B League
$425.00
$400.00
(Team)
FALL SOFTBALL
.
HOCKEY'
Co -Rec Leagues
$225.00
$225.00
4 -Man League $200.00 $200.00
Mens Leagues
$200.00
$200.00
BROOMBALL-
Non - Resident Fee
$25.00
$25.00
Co -Rec League
$475.00
$285.00
(Individual)
Non - Resident Fee
$150.00
$150.00
BANDY.
(Team)
VOLLEYBALL. = .:
A- Division
$1,700.00
$2,000.00
Officiated Leagues
$225.00
$225.00
B- Division
$1,350.00
$1,100.00
Non - Officiated
$125.00
$125.00
C- Division
$750.00
$1,050.00
Leagues
Non - Resident
$10.00
$10.00
(Individual)
1
AQUATIC CENTER
SEASON TICKETS
..ART CENTER
RESIDENT FAMILY:
1998
1999
First 2 members
* $50.00/$60.00
* $50.00/$60.00
Each additional member
$15.00
$15.00
Maximum (8 members)
$150.00
$150.00
RESIDENT INDIVIDUAL:
* $40.00/$50.00
* $40.00/$50.00
NON - RESIDENT FAMILY:
1998
1999
First 2 members
* $70.00/$80.00
* $70.00/$80.00
Each addition al member
$15.00
$15.00
Maximum (8 members)
$170.00
$170.00
NON - RESIDENT INDIVIDUAL
* $60.00/$70.00
* $60.00/$70.00
Daily Admission
Admission after 6 P.M.
$6.00
$4.00
$6.00
$4.00
Aquatic Instruction
$50.00
$50.00
* Early Bird Special if purchased no later than May 14, 1999.
..ART CENTER
MEMBERSHIPS: FAMILY - $35.00 INDIVIDUAL - $25.00
CLASS FEES * (based on # of hours in class)
(Members - 10% discount)
PARENT /CHILD WORKSHOPS*
(includes 1 child and 1 adult)
NON - MEMBERS
NON- MEMBER/MEMBER
1998
1999.
1998
1999
25 hours
$4.28
$4.28
1 '/z hours
$15/$13
$15/$13
24 hours
$4.28
$4.28
2 hours
$17/$15
$17/$15
21 hours
$4.55
$4.55
3 hours
$211$19
$21/$19
14 hours
$4.84
$4.84
4 hours
$27/$25
$27/$25
12 hours
$5.12
$5.12
5 hours
$31/$28
$31/$28
8 hours
$5.45
$5.45
6 hours
$34/$31
$34/$31
5 hours
$5.85
$5.85
T hours
$39/$35
$39/$35
4 hours
$6.35
1 $6.35
8 hours
$421$38
$42/$38
all clay and children's classes add $5.00
*all clay classes add $5.00
ARENA
1998
1999
Hourly Rate (as of 9/95)
$120.00
$125.00
Open skating (Youth and Adult)
Skate Rental
$2.50
$1.50
$3.00
$1.50
Skate Sharpening
$3.00
$3.00
SEASON TICKETS (set
first week of September)
RESIDENT FAMILY:
1998
1999
First 2 members
$60.00
$65.00
Each additional member
$5.00
$5.00
Maximum (7 persons)
$85.00
$90.00
RESIDENT INDIVIDUAL:
$50.00
$55.00
NON - RESIDENT FAMILY:
1998
1999
First 2 members
$75.00
$80.00
Each additional member
$5.00
$5.00
Maximum (7 persons)
NON - RESIDENT INDIVIDUAL
$100.00
$60.00
$105.00
$65.00
CLASSES
$74.00
1. $79.00
9"EMAR GOLF COURSE'
GREEN FEES
1998
1999
18 hole - non. patron
$24.00
$26.00
18 hole - patron
$19.00
$20.00
9 hole - non - patron
$13.50
$14.00
9 hole - patron
$11.00
$11.50
GROUP FEES - 18 holes
$33.00
$35.00
GROUP FEES - 9 holes
$17.00
$18.00
PATRON CARDS (until April 1)
1998
1999
Individual
$55.00
$55.00
Executive Course
$25.00
$25.00
PATRON CARDS (after April 1)
1998
1999
Individual
$60.00
$60.00
Executive Course
$25.00
$25.00
COMPUTERIZED DHANDICAPS —
1998
1999
Resident
$18.00
$19.00
Non - Resident
$22.00
$23.00
LOCKERS"
1998
1999
Men's 72 inch
$35.00
$35.00
Men's 42 inch
$25.00
$25.00
Ladies 72 inch
$15.00
$15.00
CLUB STORAGE
$35.00
$35.00
CLUB RENTAL
$ 7.00
$7.50
PULL CARTS
$ 2.25
$2.50
GOLF CARS
1998
1999'
18 holes
$22.00
$24.00
9 holes
$13.00
$14.00
18 holes /person with disability /sgl rider
$11.00
$14.00
Group Car Fees
$30.00
$32.00
GROUP. GOLF LESSONS .
1998
1999 -
Adult
$62.00
$64.00
Junior
$32.00
$34.00
BRAEMAR
ROOM
1998
1999
Resident - wedding related
$625.00
$650.00
Non - residents - wedding related
$675.00
$700.00
Othere ents
$250-$675
$250-$700
Concession Fees (an annual increase of 5 %, as a general rule)
s5 R
EXEC COURSE
B$RAEM'AR UTIVE
r tr+.4a 1 a
:GREEN FEES
1998
1999
Adult non - patron
$9.00
$9.50 -
Adult patron
$7.50
$8.00
Junior - non - patron
$7.00
$7.50
Junior - patron
$5.50
$6.00
Golf Cars (everyone)
$10.00
$11..00
Pull Carts.
$2.00
$2.00
Group Fees
$12.00
$13.00
DRIVING RANGE
1998
1999
Large Bucket
$5.50
$5.75
Small Bucket
$3.50
$3.75
Warm -Up Bucket
$1.75
$2.00
�� �RI�CI��ARDS �GO�:F C10UR�E��`�
i =` a. > cam: x'.K 4«.. �•��. h.,aM$ < . :a.. - '•. *"q"^".. ._., - _, _. ... s _ .o'X . .... .:', ..
j"Y hD�
.1998.
1999
GREEN FEES:
Adult - non - patron
$10.00
$10.50
Adult - patron
$8.50
$9.00
Junior - non - patron
$7.00
$7.50
Junior - patron
$5.50
$6.00
Golf Cars (everyone)
$10.00
$11.00
Pull Carts
$2.00
$2.00
Group Fees
$12.00.
$13.00
1998 1999
Large Bucket $6.00 $6.25
Senior Bucket $5.75 $6.00
Time Golf Y2 hour $8.50 $8.75
Hourly Field Rental $100.00 $110.00
League $695.00 $700.00
5
EDINBOROUGH PARK ..
1998
1999
Daily Passes $3.50
$3.50
SEASON PASSES
1998
1999
Edina Family (first 2 members)
$205.00
$205.00
Each Additional Member
$15.00
$15.00
Maximum (7 members)
$280.00
$280.00
Edina Individual
$190.00
$190.00
Non -Edina Family (first 2 members)
$230.00
$230.00
Each Additional Member
$20.00
$20.00
Maximum (7 Members)
$330.00
$330.00
Non -Edina Individual
$210.00
$210.00
Towel Fee
$ 0.75
$1.00
Skate Rental
$1.50
$1.50
Locker Rental
N/A
$0.25
BUILDING
RENTALS
1998
1999
1998
1999
Com'I Use/Trade Shows $2,500.00
$2,500.00
Banners
$150.00
$150.00
Category #1 /Edina $17 /day +
Boards /Assoc. May through $12 /person
October (setup /down)
N/A
Use of Rink
Area
$125.00
$125.00
Category #2 /hr Edina Civic & Edina Schools
Monday thru Thursday
Cover Ice
Area
$400.00
$400.00
Great Hall
$150.00
N/A
Domestic Photo Shoot
(hourly) .
Theatre
$75.00
N/A
Any Park
Area
Blocked Off
$50.00
$50.00
Grotto
$ 50.00
N/A
Grotto
$ 50.00
$ 50.00
. Category #3 (per hour)
General
fees
Theatre
$ 75.00
$ 75.00
Great Hall
$300.00
N/A
Great Hall
$ 75.00
$ 75.00
Theatre
$125.00
N/A
Ice Rink
$100.00
$100.00
Grotto
$ 75.00
N/A
Commercial Photo Shoot
(hourly)
Category #4 .(Exclusive Rental)
Any Park
Area
Blocked Off
$ 200.00
$200.00
Friday Evening
$1,500.00
$1,500.00
Grotto
$ 200.00
$ 200.00
Saturday Evening
$1,500.00
$1,500.00
Theatre
$ 200.00
$ 200.00
Prom
$2,000.00
$2,000.00
Great Hall
$ 300.00
$ 300.00
Ice Rink
$ 300.00
$ 300.00
NON-
EXCLUSIVE
RENTALS:
(per hour)
1998
1999
Great Hall
N/A
$300.00
Theater
N/A
$125.00
Grotto
N/A
$50.00
Ice Rink
N/A
$100.00
Pool (swim team only)
N/A
$14.00
w
` m "C-ENTENMAL LA' K :: r
Rental Concession Items_
Weekend - Rental -.. . ..
Full Evening (6 PM -1AM)
Paddle Boats
1998
1999
1998
1999
2 person boat Y2 hr
DELETE
Friday evening
$600.00
$600.00
4 person boat Y2 hr
$5.00--
$ 5.00
Saturday evening
$600.00
$600.00
Winter sled per hr
$ 3.00
$ 3.00
Sunday Rentals
Ice Skates
$ 1.50
$ 1.50
Y2 room -
4 hour increments
after 2 PM
$200.00
N/A
BUILDING RENTALS
Full room - 4 hours
increments after 2PM
$400.00
N/A
%2 day - Salon
$125.00
$100.00:
Champion `Putting ' -.
Full day - Salon
Full day - Y2 room
$200.00
$400.00
$200.00
N/A
9 hole
18 hole
N/A
$7.00
$3.50
$7.00
Y2 evening - Y2 room
$200.00
NIA
Lawn Games
Y2 evening - full room $400.00 N/A
Amphitheater Rental
Per hour - Per person
Per Court
$3.00
N/A
N/A
$8.00
Amphitheater Rental
N/A
$75.00 /hr
7
PARK-DEPART
General Park Areas:
Athletic Fields - Residents Only:,.
1998
1999
Commercial Use (i.e.
TV) /hour
$ 50.00
$60.00
Commercial use with
light/hour
$100.00
$110.00
Picnic shelter /day -
Cornelia
$100.00
$100.00
Showmobile /day
$700.00
$700.00
Athletic Fields - Residents Only:,.
Per field - per day
$100.00
$100.00
Per field - per hour
N/A
$35.00
Per field - per hour
(with lights)
N/A
$55.00
Arneson Acres
Terrace Room:,
Per day /w /formal
gardens /gazebo
$125.00
$125.00
Per hour, first hour
$ 50.00
$ 50.00
Each additional hour up
to 4 hours
$ 25.00
$ 25.00
NT RENTALS
Van Valkenburg /Courtney Fields
(Residents Only)
1998 1999
Per field /day includes $150.00 $150.00.
building
Edina Athletic Associations
Field User $6.00 $6.00
fee /participant
Edina Hockey Association
Outdoor Hockey Rink
Field User $6.00 $6.00
fee /participant
Park Shelter Buildings (half -day)
Weber Park N/A $75.00
Cornelia School N/A $75.00
Park
Todd Park N/A $50.00
Walnut Ridge Park N/A $50.00
Park Shelter Buildings (full -day)
Weber Park N/A $100.00
Cornelia School N/A $100.00
Park
Todd Park N/A $75.00
Walnut Ridge Park N/A $75.00
PEGGY KELLY MEDIA ARTS STUDIOS
DO-IT YOURSELF
SERVICES
HOURLY
FEE
EQUIPMENT
RENTAL
2 DAY
RENTAL
Transfer movies to video
$10.00
35mm Slide Projector
$10.00
Pictures or slides to video (album)
$10.00
Dual Slide Projector
w /Dissolve Unit
$25.00
Audio Dubbing or Transfer
$10.00
VHS Camcorder
$20.00
VHS Video Editing
$10.00
Overhead Projector
$20.00
35mm Photo Copies
$5.00
Opaque Projector
$20.00
35mm Slide Copies
$5.00
16mm Movie Projector
$20.00
VHS Video Copies
(up to 3 at one time)
$3.00
per copy
per hour
Super 8mm Projector
with sound
$15.00
Foreign Conversion
(PAL, SECAM)
$5.00
per copy
per hour
8mm Movie Projector
$10.00
Laminator /Heat Press
$5.00
Lowell Light Kit
$20.00
Audio Cassette Dupl.
$1.00 /copy
Wireless Mike Kit
$20.00
Customer provides blank cassettes (video and audio), film and lamination supplies.
PHOTO/VIDEO STUDIO RENTAL
Studio - not staffed - Introductory pricing $30.00 /hour
(includes 2 Canon XL1 digital mini -DV video cameras, digital editor, and digital mixer)
(props and expendables not included)
COMPUTER OPEN STUDIO TIME
Macintosh G3 or Compaq 266 Mhz PC - $10.00 per.hour
(includes use of Adobe Photoshop, PageMaker and Illustrator software
with Epson Color Stylus printing - prints purchased separately)
MEMBERSHIP
All equipment or facility rentals requires a membership.
One day /one visit pass - $10.00
Annual Individual Membership (12 months) - $25.00
Annual Family Membership (12 months) - $35.00
RESOLUTION
SETTING AMBULANCE FEES FOR 1999
BE IT RESOLVED that the Edina City Council does hereby approve and set the
following ambulance service fees for 1999.
AMBULANCE FEES
Service Level Fees for Ambulance Service, including medical treatment and /or
transportation to a medical facility:
1998
1999
Level 1 - ON SCENE TREATMENT
$190.00
$200.00
Specialized medical services performed
at scene with no transport involved
Level 2 - MINOR CARE (BLS)
$420.00
$440.00
Vital Signs
Splinting
Bandaging, etc.
Level III - MODERATE CARE (ALS)
$510.00
$535.00
IV, Nitrous, Nitro Spray, ASA
EKG Monitoring
Spine Immobilization
Level IV - MAJOR CARE
$600.00
$630.00
Medications
MAST (inflated)
Additional Manpower
Mechanical Extrication
Cardiac Pacing
Airway Management
Level V - RESPIRATORY /CARDIAC ARREST
$730.00
$765.00
Level IV plus any: Cardio /Pulmonary
Resuscitation (_CPR)
Defibrillation
OXYGEN ADMINISTRATION
$32.00
$32.00
MILEAGE FROM SCENE TO HOSPITAL
$8.00 /mile
$9.00 /mile
RESOLUTION
SETTING MISCELLANEOUS FEES
FOR 1999
BE IT RESOLVED that the Edina City Council does hereby
approve and set the following miscellaneous fees for 1999:
HAZARDOUS MATERIALS
SPILLS RESPONSE
1998
1999
Engine /Fire Company
$200.00 per hour
$200.00 per hour
HazMat Unit
$400.00 per hour
$400.00 per hour
Specialized Personnel
Limited Response
$100.00 per hour
$100.00 per hour
Specialized Equipment
Cost + 15% administrative
charge
Cost + 15% administrative
charge
Supplies
Cost + 15% administrative
charge
Cost + 15% administrative
charge
Disposal
Cost + 15% administrative
charge
Cost + 15% administrative
charge
Other City Resources
Cost + 15% administrative
charge
Cost + 15% administrative
charge
PLANNING DEPARTMENT
1998
1999
Zoning Compliance Letter
$100.00
$100.00