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HomeMy WebLinkAboutEDA December 5, 2006 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER. MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US ECONOMIC DEVELOPMENT AUTHORITY MEETING December 5, 2006 6:00 p.m. Conference Rooms A & B AGENDA 1. Call to Order - 6:00 p.m. 2. Approval of Minutes (11/21/06 Regular Mtg.) 3. Update on Economic Development Activities 4. Approve Community Center Refinancing 5. Other Business 6. Adjourn ..... @ 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US TO: Economic Development Authority -- Jim Dickinson, Executive Director~ Vicki V olk, City Clerk <J CC: FROM: SUBJECT: Approval of Minutes DATE: December 5, 2005 INTRODUCTION The following minutes were provided by TimeSaver Secretarial for approval by the EDA: November 21,2006 Regular Meeting (Twistol absent) DISCUSSION . Attached are copies of the minutes for your review. ACTION REOUlRED The EDA is requested to approve the above minutes. Respectfully submitted, tl:L. d~ Vicki V olk City Clerk - ANDOVER ECONOMIC DEVELOPMENT AUTHORITY MEETING NOVEMBER 21, 2006 - MINUTES A Meeting of the Andover Economic Development Authority was called to order by President Mike Gamache, November 21, 2006, 6:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Present: Commissioners Don Jacobson, Mike Knight, Ken Orttel, Julie Trude; Voting resident member Robert Nowak Voting resident member Joyce Twistol and Edward Schultz (Advisor to the EDA) Executive Director, Jim Dickinson Community Development Director, Will Neumeister City Engineer, Dave Berkowitz (6:40) Others Absent: Also present: APPROVAL OF MINUTES November 8, 2006: Correct as written. MOTION by Jacobson, Seconded by Trude, approval of the Minutes as written. Motion carried unanimously. APPROVE COMMUNITY CENTER REFINANCING Executive Director Dickinson explained activity in the current bond market is indicating that there is an opportunity for the EDA to save some significant long term debt service expense by refinancing the EDA's $19,640,000 Public Facility Lease Revenue Bonds, Series 2004. Mr. Dickinson made a presentation to the Authority. Commissioner Jacobson asked what the amount of savings would be for both of these. Mr. Dickinson stated they are saving $755,979 in long term debt service costs with the first bond and he was anticipating they will be able to hit $300,000 fairly easily on the next one but more than likely it will be closer to $400,000 for the second. Motion by Jacobson, Seconded by Orttel, approval of the attached Resolution authorizing the issuance of $10,000,000 Public Facility Lease Revenue Refunding Bonds, Series 2006 (City of Andover Community Center) and the execution and delivery of a lease agreement, mortgage and security agreement and indenture of trust and an escrow agreement in connection therewith. Motion Andover Economic Development Authority Meeting Minutes - November 21, 2006 Page 2 carried unanimously. (RES. R003-06) Commissioner Orttel stated he appreciated the hard work Mr. Dickinson has done on this. AMENDMENT TO BRUGGEMAN PURCHASE AGREEMENT - CONTINUED Community Development Director Neumeister explained at the previous EDA meeting the EDA agreed with the request from Bruggeman Properties to amend the purchase agreement related to the land that was exchanged with Brad Povlitzki. Commissioner Jacobson stated he did not have a problem doing this but they still do not have a definition of what they have per lot. He wondered if the definition in section five is a good enough one for what they are doing. Commissioner Trude thought this fit the plat. Motion by Knight, seconded by Jacobson, to approve the amendment to the purchase agreement with Bruggeman Properties. Motion carried unanimously. 2007 EDA BUDGET REVIEW Executive Director Dickinson stated the EDA is requested to receive a brief presentation on the 2007 EDA Special Revenue Budget and a presentation on budgets impacted by EDA decisions. Mr. Dickinson made a presentation of the proposed budget to the Commission. Commissioner Knight asked if the State has any recommended cushion. Mr. Dickinson stated within the special revenue funds they do not. They have more of a concern with a large undesignated fund balance, which they do not have. Commissioner Jacobson wondered how much money they have in TIF funds to work with. Mr. Dickinson stated at the end of the year they will be at approximately $2.5 million. Commissioner Jacobson wondered what they will do with that money. Mr. Dickinson stated they will need to reserve some of it for some of the project costs that were incurred on Andover Station North and they need to reserve some of it because one of the 4istricts comes off earlier than the other so they will be able to cover their long term debt service costs. At that point, if everything is covered and land sales come in, they can do another project or reserve enough money to decertifY the district sooner and to pay off the bonds early. Commissioner Trude wondered if they want to look at some of the older strip mall areas for improvements. Mr. Dickinson stated it may be outside of the development district and they have to make sure they also fit within the Tax Increment District Budget. - Andover Economic Development Authority Meeting Minutes-November 21,2006 Page 3 Commissioner Orttel stated the second line item on page four ''tax increment administration" is over what was estimated. He wondered who gets that amount. Mr. Dickinson stated the EDA uses this money for staff time and associated budget expenses. Commissioner Trude stated she would like to make sure they have all the sidewalks and trails in place within the district. She thought they should make sure all of the connections are in place and they all go somewhere. Commissioner Trude stated another item not in the information is the identification signs. Mr. Nowak stated on page nine they are saying there was $276,000 in administration costs and he wondered what that is. Mr. Dickinson stated this would include engineering and planning for projects and he could bring forward a breakdown for the EDA. Motion by Trude, seconded by Knight, to approve the 2007 EDA Special Revenue Fund Budget. Motion carried unanimously. APPROVE LMCIT LIABILITY COVERAGE Executive Director Dickinson stated the League of Minnesota Cities Insurance Trust (LMCIT) requests that participating EDAs annually decide whether or not to waive the statutory tort liability limits established by Minnesota Statutes 466.04. Motion by Jacobson, seconded by Knight, to not waive the monetary limits on tort liability established by Minnesota Statutes 466.04. UPDATE ON EDA ACTIVITIES Community Development Director Neumeister updated the Commission on EDA development activities in the City of Andover. Commissioner Knight wondered at what time Jay Street will be open both ways. Mr. Berkowitz stated that signal is included with the Hanson Boulevard improvements. He stated by fall of 2007, it should be fully open. OTHER BUSINESS There was none. Motion by Jacobson, Seconded by Knight, to adjourn. Motion carried unanimously. The meeting - Andover Economic Development Authority Meeting Minutes ~ November 21, 2006 Page 4 adjourned at 6:52 p.m. Respectfully submitted, Susan Osbeck, Recording Secretary @ 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US CC: EDAPre,;dontandBnanl ~ Jim Dickinson, Executive Direct .. Will Neumeister, Community Development Directorud- TO: FROM: SUBJECT: Update on Economic Development Activities DATE: December 5, 2006 INTRODUCTION This memo is provided as a status update for all the economic development activities related to Andover Station North that the City staff have recently been engaged in. DISCUSSION The following is the update on activities: Rudnick's Retail Building - Mr. Rudnicki's tenant space for his wife's dance studio is nearly ready to obtain a Certificate of Occupancy. He is planning a grand opening soon. Bruggeman Homes - They have pulled one permit for one of the single unit townhomes. They want to be ready for the spring "Parade of Homes" and they will soon pull a second permit. Their first closing is scheduled for December lih. The City Attorney continues to try to get the Attorney General's Office to release the institutional controls so that we can close on the property with Bruggeman (for the Povlitzki land exchange parcel). Funeral Home Proposal- They are preparing a commercial site plan. The lot split drawings (wi boundary and topographic survey) have been forwarded to the client. The lot split was approved by City Council on November 21 st. Day Care Proposal - The purchase agreement was prepared and mailed out to Tracy Sonterre for signature. Nothing has been heard from her in months. NBI Office Development - They are preparing site plan drawings and continue to market the office space that they would like to build. . Town Center Companies - Due Diligence Progress Review - The marketing staff at Northstar Partners have indicated that they are working with two potential banks and have been calling the brokers to see if they can get some interest going in an office building. - MVP Baseball (John Larkin) -- Nothing new to report. They are still looking at building approximately a 52,000 square foot structure in the spring of 2007 and are doing their homework. EPA Clearance of Institutional Controls - The City Attorney has given the Attorney General's Office all the proper legal descriptions for the documents. We have been asking if this can all be done by the end of the year, and the parties involved have indicated it is possible. Attracting a Restaurant - The staff has received calls from three developers that may be interested in building a restaurant on the site closest to Bunker Lake Boulevard. The search continues to be elusive, but some interested retail shopping center developers are looking at the possibility of building onto the existing retail center (Louis Rudnicki's). We have explained that they should be considering a sit down restaurant in their proposal ifthey make one. Attracting other Light Industrial - The staff has been in contact with three different industrial prospects that are interested building on the light industrial lots located north of Louis Rudnicki's retail center. As more details become available they will be shared One of the prospects is a machine shop that currently is located in Ham Lake that needs more space. As you will recall, last year the EDA discussed this potential use, and the consensus was that it would be acceptable as a light industrial use in Andover Station North. ACTION REQUIRED This is an informational update to the EDA only, no action is needed. Respectfully submitted, ~ Will Neumeister 2 ~ 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US TO: EDA President and Commissioners FROM: Jim Dickinson, Executive Director SUBJECT: Approve Community Center Refinancing DATE: December 5,2006 INTRODUCTION Activity in the current bond market is indicating that there is an opportunity for the EDA to save some significant long term debt service expense by refinancing the EDA's $19,640,000 Public Facility Lease Revenue Bonds, Series 2004. DISCUSSION City Staff has been working with an underwriter (Northland Securities), our fiscal advisor (Ehlers & Associates), and the City's bond counsel (Briggs & Morgan) to refinance the Community Center Bonds. I will present the results for Ehlers and Northland at the meeting. The EDA, will be considering a negotiated land sale based on the approved "parameters resolution" where the EDA Board of Commissioners authorized, the City Administrator, City of Andover, Minnesota, to execute a Bond Purchase Agreement which will approve the sale of the Bonds to Northland, provided that the total net savings accomplished by the refunding is at an amount set by the EDA (minimum $800,000) and the net present value savings as a percentage of the present value of the refunded debt service of the 2004 Bonds is at an acceptable percentage (3%). As discussed at previous EDA & Council meetings the refinancing will be completed with two separate new issuances to refinance the 2004 bonds. The first sale of $10,000,000 was conducted on November 15th and yielded a savings of $755,979.44. The second sale of $6,865,000 was conducted on December 1st and yielded a savings of $517,163.49. Please refer to the attached documents that outline the December 1 st sale: Pg3 Pgs 4 -16 - Northland Securities Bond Purchase Agreement - Ehlers & Associates Report of the Sale of $6,865,000 Refunding Bonds, Series 2007 Partial Crossover Refunding - "RESOLUTION AUTHORIZING THE ISSUANCE OF $6,865,000 PUBLIC FACILITY LEASE REVENUE REFUNDING BONDS, SERIES 2007 (CITY OF ANDOVER COMMUNITY CENTER) AND THE EXECUTION AND DELIVERY OF A FIRST AMENDMENT TO LEASE AGREEMENT, A FIRST SUPPLEMENTAL INDENTURE AND AMENDMENT TO MORTGAGE AND AN ESCROW AGREEMENT IN CONNECTION THEREWITH" Pgs 17 - 23 -- The savings on the second sale did push the total savings over the minimums set by the original parameters resolution. ill the end, the long term debt service savings of the two issuances totaled $1,272,142.90. This was approximately $150,000 more than previously estimated. ACTION REOUESTED Receive a presentation on the sale and approve the attached resolution: "RESOLUTION AUTHORIZING THE ISSUANCE OF $6,865,000 PUBLIC FACILITY LEASE REVENUE REFUNDING BONDS, SERIES 2007 (CITY OF ANDOVER COMMUNITY CENTER) AND THE EXECUTION AND DELIVERY OF A FIRST AMENDMENT TO LEASE AGREEMENT, A FIRST SUPPLEMENTAL INDENTURE AND AMENDMENT TO MORTGAGE AND AN ESCROW AGREEMENT IN CONNECTION THEREWITH" Attachments -- NORTHLAND'SECURITIES Honorable Economic Development Authority City of Andover, Minnesota Dear Economic Development Authority Officials: We understand that you desire to issue $6,865,000 Public Facility Lease Revenue Refunding Bonds. Accordingly, we propose as follows: We agree to purchase $6,865,000 Public Facility Lease Revenue Refunding Bonds, Series 2007 to be dated January 1, 2007, and to mature February 1,2015-2034. We agree to pay for the Bonds $6,802,626.50 and accrued interest to the date of settlement. The Bonds are to be payable at U. S. Bank, MiImeapolis, Minnesota, as Trustee. Interest is to be payable on August I, 2007, and semiannually thereafter. The bonds will have the following interest rates and will mature or be subject to mandatory redemption on February 1 in the years and amounts as follows: 2015 $225,000 4.00% 2021 $290,000 4.05% 2028 $390,000 4.35% 2016 235,000 4.00 2022 295,000 4.10 2029 400,000 4.35 2017 245,000 4.00 2023 305,000 4.10 2030 420,000 4.25 2018 255,000 4.00 2024 ....... :330,000 . 420 2031 440,000 4.50 ....:,::.:,..-.::: 2019 270,000 .4.00 .>2025...... ' 335,000 '<4.20.: ::2032 455,000 4.50 2020 275,000.. . :4.05 . ',:2Q26,:;:: 355,000 ";;4.2Q. :::......2033 . ..480,000 4.50 '':1..,O'P':': 370,000 .....4:3?:.:.. '.:'2034 . .' 495,000 4.50 .... -.' ..... -' ., ..:......:.". . . . All Bonds will be Book ;En~ and in multiples of $5,000. The average interest rate,is4.3071o/. and the TIC is 4.3628%. . .' . .. . . . . :. ' Mandatorv . Redemntion: This issue shall have 4 term bonds maturing February I, 2023 (2022 through 2023 maturities), February 1,2026 (2024 through 2026 maturities), February 1,2029 (2027 through 2029), and February 1, 2034 (2031 through 2034 maturities) which will have mandatory redemptions equal to the annual principal due as stated above. Olltional Redemntion: Bonds maturing in the years 2015 through 2034, inclusive, are callable at the option of the Issuer in whole or in part on February 1,2014, or on any date thereafter at a price of par plus accrued interest. This bid is made for prompt acceptance and subject to the approval of Briggs and Morgan (Bond Counsel) of St. Paul, Minnesota, as to the legality and regularity of all proceedings taken in the issuance of the Bonds. The Issuer agrees to pa.y the expenses for registering the Bonds and the fee of Bond Counsel, in furnishing the necessary proceedings required to authorize the issuance of the Bonds. Respectfully submitted this 1 st day of December, 2006. By: The foregoing proposal was duly accepted by the EconomJ Minnesota, at~ Q,.m. this 1st day of December, 2006. By: Northland Secutities, Inc. 45 South 7th Stteet, Suite 2500, Minneapolis, MN 55402 Ton F... 1_800_851_2920 M.;. 612-851-5900 "'" 612-851-5987 www.northlandsecurities.com Member NASD and slPe .... City of Andover EDA $6,865,000 Refunding Bonds, Series 2007 - Proposed Crossover Refunding of $19,580,000 Public Project Lease Revenue Bonds, Series 2004 (City of Andover Community Center) Table of Contents Report Sources & Uses Debt Service Schedule 2 Debt Service Comparison 4 Debt Service To Maturity And To Call 5 Pricing Summary 6 Total Refunded Debt Service 7 PROQ~Q~g_~Q!l_S DIS SA VlNGS @ 4.4750422% 8 ------------------~-------~---------~--------------- Summary Of Bonds Refunded 9 Refunding Summary 10 SLGS Subscription Forms 11 Crossover Escrow Fund Cashflow 11 06xoverofSer04$19.58 I SINGLE PURPOSE t 1113012006 I 3:06PM - City of Andover EllA $6,865,000 Refunding Bonds, Series 2007 - Proposed Crossover Refunding of $19,580,000 Public Project Lease Revenue Bonds, Series 2004 (City of Andover Community Center) Sources & Uses Dated 01/01/20071 Delivered 01/05/2007 Sources Of Funds Par AmOWlt of Bonds Reoffering Premium Accrued Interest from 01/0112007 to 0110512007 $6,865,000.00 6,276.50 3,244.25 Total Sources $6,874,520.75 Uses Of Funds Total Underwriter's DisCOWlt (1.000%) Costs ofIssuance Gross Bond insurance Premium ( 40.0 bp) Deposit ~ Crossover Escrow Fund ROWlding AmOWlt 68,650.00 45,140.75 49,880.96 6,710,306.87 542.17 Total Uses $6,874,520.75 06 xover of Ser 04 $19.58 I StNGLEPURPOSE [11130/2006 1 3:06PM - City of Andover EDA $6,865,000 Refunding Bonds, Series 2007 - Proposed Crossover Refunding of $19,580,000 Public Project Lease Revenue Bonds, Series 2004 (City of Andover Community Center) Debt Service Schedule Part 1 of2 Date Principal Coupon Interest Total P+I Fiscal Total 01/05/2007 08/0112007 170,323.13 170,323.13 02/01/2008 145,991.25 145;991.25 316,314.38 08/0112008 145,991.25 145,991.25 02/0112009 145,991.25 145,991.25 291,982.50 08/0112009 145,991.25 145,991.25 02/0112010 145,991.25 145,991.25 291,982.50 08/0112010 145,991.25 145,991.25 02/0112011 145,991.25 145,991.25 291,982.50 08/0112011 145,991.25 145,991.25 0210112012 145,991.25 145,991.25 291,982.50 08/0112012 145,991.25 145,991.25 02/0112013 145,991.25 145,991.25 291,982.50 08/01/2013 145,991.25 145,991.25 02/0112014 145,991.25 145,991:25 291,982.50 08/01/2014 145,991.25 145,991.25 02/01/2015 225,000.00 4.000% 145,991.25 370,991.25 516,982.50 08/01/2015 141,491.25 141,491.25 02101/2016 235,000.00 4.000% 141,491.25 376,491.25 517,982.50 08/01/2016 136,791.25 136,791.25 02101/2017 245,000.00 4.000% 136,791.25 381,791.25 518,582.50 08/0112017 131,891.25 131,891.25 02/01/2018 255,000.00 4.000% 131,891.25 386,891.25 518,782.50 08/01/2018 126,791.25 126,791.25 02/01/2019 270,000.00 4.000% 126,791.25 396,791.25 523,582.50 08/01/2019 121,391.25 121,391.25 02/01/2020 275,000.00 4.050% 121,391.25 396,391.25 517,782.50 08/01/2020 115,822.50 115,822.50 02/01/2021 290,000.00 4.050% 115,822.50 405,822.50 521,645.00 08/0112021 109,950.00 109,950.00 02/01/2022 295,000.00 4.100% 109,950.00 404,950.00 514,900.00 08/01/2022 103,902.50 103,902.50 02/01/2023 305,000.00 4.100% 103,902.50 408,902.50 512,805.00 08/0112023 97,650.00 97,650.00 02/01/2024 330,000.00 4.200% 97,650.00 427,650.00 525,300.00 08/01/2024 90,720.00 90,720.00 02/01/2025 335,000.00 4.200% 90,720.00 425,720.00 516,440.00 08/01/2025 83,685.00 83,685.00 02/01/2026 355,000.00 4.200% 83,685.00 438,685.00 522,370.00 08/01/2026 76,230.00 76,230.00 02/01/2027 370,000.00 4.350% 76,230.00 446,230.00 522,460.00 08/0112027 68,182.50 68,182.50 02/01/2028 390,000.00 4.350% 68,182.50 458,182.50 526,365.00 06 XQver of Ser 04 $19.58 I SINGLE PURPOSE I 11130i2006 I 3:06PM Ehlers & Associates, Inc. Leaders In PubliC Finance Page 2 C9 - City of Andover EllA $6,865,000 Refunding Bonds, Series 2007 - Proposed Crossover Refunding of $19,580,000 Public Project Lease Revenue Bonds, Series 2004 (City of Andover Community Center) Debt Service Schedule Part 2 of 2 Date Principal Coupon Interest Total P+I Fiscal Total 08/01/2028 59,700.00 59,700.00 02101/2029 400,000.00 4.350% 59,700.00 459,700.00 519,400.00 08/0 112029 51,000.00 51,000.00 0210112030 420,000.00 4.250% 51,000.00 471,000.00 522,000.00 08/01/2030 42,075.00 42,075.00 0210112031 440,000.00 4.500% 42,075.00 482,075.00 524,150.00 08/0112031 32,175.00 32,175.00 02/0112032 455,000.00 4.500% 32,175.00 487,175.00 519,350.00 08/01/2032 21,937.50 21,937.50 0210112033 480,000.00 4.500% 21,937.50 501,937.50 523,875.00 08/01/2033 11,137.50 11,137.50 02/0112034 495,000.00 4.500% 11,137.50 506,137.50 517,275.00 Total $6,865,000.00 $5,605,239.38 $12,470,239.38 Yield Statistics Accrued Interest from 01/01/2007 to 01/0512007 Bond Year Dollars Average Life Average Coupon 3,244.25 $130,137.08 18.957 Years 4.3071807% Net Interest Cost (NIC) True Interest Cost (TIC) Bond Yield for Arbitrage Purposes All Inclusive Cost (AlC) 4.3551098% 4.3628173% 4.3409045% 4.4750422% IRS Form 8038 Net Interest Cost W eighted Average Maturity 4.2977821 % 18.948 Years 06 xover of Ser 04 $19.58 I SINGLE PURPOSE [11/3012006 I 3:06PM Ehlers & Associates, Inc. Leaders in Public Finance Page 3 G) Iliiiii City of Andover EDA $6,865,000 Refunding Bonds, Series 2007 - Proposed Crossover Refunding of $19,580,000 Public Project Lease Revenue Bonds, Series 2004 (City of Andover Community Center) Debt Service Comparison Date 02/01/2007 02/01/2008 02101/2009 02/01/2010 02/01/2011 02/01/2012 02/01/2013 02/01/2014 02/01/2015 02/01/2016 02/01/2017 02/01/2018 02/01/2019 02101/2020 02101/2021 02101/2022 02/01/2023 02/01/2024 02/01/2025 02/01/2026 02101/2027 02/01/2028 02/01/2029 02/01/2030 02/01/2031 02/01/2032 02/01/2033 02/01/2034 Total Total P+I Const Loan Pmt 316,314.38 291,982.50 291,982.50 291,982.50 291,982.50 291,982.50 291,982.50 516,982.50 517,982.50 518,582.50 518,782.50 523,582.50 517,782.50 521,645.00 514,900.00 512,805.00 525,300.00 516,440.00 522,370.00 522,460.00 526,365.00 519,400.00 522,000.00 524,150.00 519,350.00 523,875.00 517,275.00 $12,470,23938 (316,314.38) (291,982.50) (291,982.50) (291,982.50) (291,982.50) (291.982.50) (6,991,982.50) (8,768,20938) PV Analysis Summary (Net to Net) ~et FV Cashfl.ow Savings Gross PV Debt Service Savings..................... Net PV Casbf10w Savings@ 4.475%(AIC)............ Contingency or Rounding Amount................... Net Present Valne Benefit Net PV Benefit / $6,700,000 Refunded Principal... Net PV Benefit / $6,865,000 Refunding Principal.. Net PV Benefit / $5,315,526.13 PV Refunded Debt Service Average Anona! Cash Flow Savings.................. Refunding Bond Information Refunding Dated Date Refunding Delivery Date 06 xover of Sar 04 $19.58 I SINGLE PURPOSE I 1113012006 I 3:06 PM Existing D/S 373.889.48 345,128.76 345,128.76 345,128.76 345,128.76 345,128.76 7,045,128.76 $9,144,662.04 Net New D/S (542.17) 373,889.48 345,128.76 345,128.76 345,128.76 345,128.76 345,128.76 345,128.76 516,982.50 517,982.50 518,582.50 518,782.50 523,582.50 517,782.50 521,645.00 514,900.00 512,805.00 525,300.00 516,440.00 522,370.00 522,460.00 526,365.00 519,400.00 522,000.00 524,150.00 519,350.00 523,875.00 517,275.00 $12,846,149.87 Old Net D/S 373,889.48 345,128.76 345,128.76 345,128.76 345,128.76 345,128.76 345,128.76 545,128.76 545,128.76 544,628.76 543,628.76 547,128.76 544,878.76 546,810.00 542,972.50 543,622.50 548,503.76 542,360.00 545,460.00 547,520.00 553,540.00 543,260.00 547,460.00 550,360.00 546,960.00 547,520.00 541,780.00 $13,363,313.36 Savings 542.17 0.00 28,146.26 27,146.26 26,046.26 24,846.26 23,546.26 27,096.26 25,165.00 28,072.50 30,817.50 23,203.76 25,920.00 23,090.00 25,060.00 27,175.00 23,860.00 25,460.00 26,210.00 27,610.00 23,645.00 24,505.00 $517,163,49 517,163.49 250,416.78 250,416.78 542.17 $250,958.95 3.746% 3.656% 4.721% 18,470.12 1/01/2007 1/05/2007 Ehlers & Associates, Inc. Leaders In PubliC Finance Page 4 @ - City of Andover EDA $19,580,000 Public Project Lease Revenue Bonds, Series 2004 (City of Andover Community Center) Debt Service To Maturity And To Call Refunded Interest to Date Bonds Call DIS To Call Principal Coupon Interest Refunded DIS 02/01/2008 373,889.48 373,889.48 373,889.48 373,889.48 0210112009 345,128.76 345,128.76 345,128.76 345,128.76 0210112010 345,128.76 345,128.76 345,128.76 345,128.76 0210112011 345,128.76 345,128.76 345,128.76 345,128.76 0210112012 345,128.76 345,128.76 345,128.76 345,128.76 0210112013 345,128.76 345,128.76 345,128.76 345,128.76 02101/2014 6,700,000.00 345,128.76 7,045,128.76 345,128.76 345,128.76 02101/2015 200,000.00 5.000% 345,128.76 545,128.76 02/0112016 210,000.00 5.000% 335,128.76 545,128.76 02/01/2017 220,000.00 5.000% 324,628.76 544,628.76 02/0112018 230,000.00 5.000% 313,628.76 543,628.76 02/01/2019 245,000.00 5.000% 302,128.76 547,128.76 02/0112020 255,000.00 5.125% 289,878.76 544,878.76 02101/2021 270,000.00 5.125% 276,810.00 546,810.00 02/0112022 280,000.00 5.125% 262,972.50 542,972.50 02/0112023 295,000.00 5.125% 248,622.50 543,622.50 02/0112024 315,000.00 5.125% 233,503.76 548,503.76 02/0112025 325,000.00 5.200% 217,360.00 542,360.00 02/0112026 345,000.00 5.200% 200,460.00 545,460.00 02/01/2027 365,000.00 5.200% 182,520.00 547,520.00 02/01/2028 390,000.00 5.200% 163,540.00 553,540.00 02/01/2029 400,000.00 5.200% 143,260.00 543,260.00 02/01/2030 425,000.00 5.200% 122,460.00 547,460.00 02/0112031 450,000.00 5.200% 100,360.00 550,360.00 02101/2032 470,000.00 5.200% 76,960.00 546,960.00 0210112033 495,000.00 5.200% 52,520.00 547,520.00 02101/2034 515,000.00 5.200% 26,780.00 541,780.00 Total $6,700,000.00 $2,444,662.04 $9,144,662.04 $6,700,000.00 $6,663,313.36 $13,363,313.36 Yield Statistics Average Life 19.236 Years Weighted Average Maturity (Par Basis) 19.225 Years Average Coupon 5.1700349% Refunding Bond Information Refunding Dated Date 1/0112007 Refunding Delivery Date 1/0512007 Ser04 $19.58m Pub proj R I SINGLE PURPOSE 111/3012006 I 3:06PM ... City of Andover EDA $6,865,000 Refunding Bonds, Series 2007 - Proposed Crossover Refunding of $19,580,000 Public Project Lease Revenue Bonds, Series 2004 (City of Andover Community Center) Pricing Summary Maturity 02/01/2015 02101/2016 02/01/2017 02/01/2018 02/01/2019 02/01/2020 02101/2021 02101/2023 02/01/2026 02/01/2029 02/01/2030 02/01/2034 Total Bid Infonnation Type of Bond Serial Coupon Serial Coupon Serial Coupon Serial Coupon Serial Coupon Serial Coupon Serial Coupon Term 1 Coupon Term 2 Coupon Term 3 Coupon Serial Coupon Term 4 Coupon Par Amount of Bonds Reoffering Premium or (Discount) Gross Production Total Underwriter's Discount (1.000%) Bid (99.091%) Coupon 4.000% 4.000% 4.000% 4.000% 4.000% 4.050% 4.050% 4.100% 4.200% 4.350% 4.250% 4.500% Accrued Interest from 01/0112007 to 01/05/2007 Total Purchase Price Bond Year Dollars Average Life Average Coupon Net Interest Cost (NIC) True Interest Cost (TIC) Yield 3.800% 3.850% 3.900% 3.950% 4.000% 4.050% 4.080% 4.100% 4.200% 4.320% 4.375% 4.450% 06 xover of Ser 04 $19.58 I SINGLE PURPOSE 111/3012006 I 3:06PM Maturity Value 225,000.00 235,000.00 245,000.00 255,000.00 270,000.00 275,000.00 290,000.00 600,000.00 1,020,000.00 1,160,000.00 420,000.00 1,870,000.00 $6,865,000.00 Price 10 1.227% 100.918% 100.610% 100.303% 100.000% 100.000% 99.678% 100.000% 100.000% 100.178% 98.192% 100.297% c c c c Dollar Price 227,760.75 237,157.30 246,494.50 255,772.65 270,000.00 275,000.00 289,066.20 600,000.00 1,020,000.00 1,162,064.80 412,406.40 1,875,553.90 $6,871,276.50 c c $6,865,000.00 6,276.50 $6,871,276.50 $(68,650.00) 6,802,626.50 3,244.25 $6,805,870.75 $130,137.08 18.957 Years 4.3071807% 4.3551098% 4.3628173% Ehlers & Associates, Inc. Leaders in Public Finance Page 6 @ -- i' City of Andover EDA $19,580,000 Public Project Lease Revenue Bonds, Series 2004 (City of Andover Community Center) Total Refunded Debt Service Date Principal Coupon Interest Total P+I 0210112008 373,889.48 373,889.48 0210112009 345,128.76 345,128.76 02/0112010 345,128.76 345,128.76 02/0112011 345,128.76 345,128.76 0210112012 345,128.76 345,128.76 02101/2013 345,128.76 345,128.76 02101/2014 345,128.76 345,128.76 02/0112015 200,000.00 5.000% 345,128.76 545,128.76 02/0112016 210,000.00 5.000% 335,128.76 545;128.76 02/0112017 220,000.00 5.000% 324,628.76 544,628.76 02/0112018 230,000.00 5.000% 313,628.76 543,628.76 0210112019 245,000.00 5.000% 302,128.76 547,128.76 02/0112020 255,000.00 5.125% 289,878.76 544,878.76 02/0112021 270,000.00 5.125% 276,810.00 546,810.00 0210112022 280,000.00 5.125% 262,972.50 542,972.50 02/0112023 295,000.00 5.125% 248,622.50 543,622.50 02/0112024 315,000.00 5.125% 233,503.76 548,503.76 0210112025 325,000.00 5.200% 217,360.00 542,360.00 02/0112026 345,000.00 5.200% 200,460.00 545,460.00 0210112027 365,000.00 5.200% 182,520.00 547,520.00 . 0210112028 390,000.00 5.200% 163,540.00 553,540.00 0210112029 400,000.00 5.200% 143,260.00 543,260.00 0210112030 425,000.00 5.200% 122,460.00 547,460.00 0210112031 450,000.00 5.200% 100,360.00 550,360.00 0210112032 470,000.00 5.200% 76,960.00 546,960.00 02/0112033 495,000.00 5.200% 52,520.00 547,520.00 02/0112034 515,000.00 5.200% 26,780.00 541,780.00 Total $6,700,000.00 $6,663,313.36 $13,363,313.36 Yield Statistics Average Life 19.236 Years Weighted Avernge Maturity (Par Basis) 19.225 Years Average Coupon 5.1700349% Refunding Bond Information Refunding Dated Date 110112007 Refunding Delivery Date 1105/2007 Ser04$19.58mPubProjR 1 SINGLE PURPOSE 111/30120061 3:06PM Ehlers & Associates, Inc. Leaders In PubliC Finance Page 7 @ .. City of Andover EDA $6,865,000 Refunding Bonds, Series 2007 - Proposed Crossover Refunding of $19,580,000 Public Project Lease Revenue Bonds, Series 2004 (City of Andover Community Center) PROOF OF GROSS D/S SAVINGS @ 4.47504220/0 NEW GROSS OLD GROSS Present Date DIS DIS SAVINGS PV Factor Value 01/0512007 1.0000000x 0210112014 6,872,564.38 6,872,564.38 0.00 0.7312527x 0.00 08/0112014 145,991.25 172,564.38 26,573.13 0.7152489x 19,006.40 02101/2015 370,991.25 372,564.38 1,573.13 0.6995953x 1,100.55 08/0112015 141,491.25 167,564.38 26,073.13 0.6842843x 17,841.43 0210112016 376,491.25 377,564.38 1,073.13 0.6693084x 718.25 08/0112016 136,791.25 162,314.38 25,523.13 0.6546602x 16,708.98 02/01/2017 381,791.25 382,314.38 523.13 0.6403326x 334.98 08/0112017 131,891.25 156,814.38 24,923.13 0.6263186x 15,609.82 02/0112018 386,891.25 386,814.38 (76.87) 0.6126113x (47.09) 08/0112018 126,791.25 151,064.38 24,273.13 0.5992040x 14,544.56 02/01/2019 396,791.25 396,064.38 (726.87) 0.5860901x (426.01) 08/01/2019 121.391.25 144,939.38 23,548.13 0.5732632x 13,499.28 02/0112020 396,391.25 399,939.38 3,548.13 0.5607171x 1,989.50 08/0112020 115,822.50 138,405.00 22,582.50 0.5484455x 12,385.27 02/01/2021 405,822.50 408,405.00 2,582.50 0.5364425x 1,385.36 08/0112021 109,950.00 131,486.25 21,536.25 0.5247021 x 11,300.12 02101/2022 404,950.00 411,486.25 6,536.25 0.5132188x 3,354.53 08/0112022 103,902.50 124,311.25 20,408.75 0.5019867x 10,244.92 02/0112023 408,902.50 419,311.25 10,408.75 0.4910005x 5,110.70 08/01/2023 97,650.00 116,751.88 19,101.88 0.4802547x 9,173.77 0210112024 427,650.00 431,751.88 4,101.88 0.4697440x 1,926.83 08/0112024 90,720.00 108,680.00 17,960.00 0.4594634x 8,251.96 02/01/2025 425,720.00 433,680.00 7,960.00 0.4494079x 3,577.29 08/0112025 83,685.00 100,230.00 16,545.00 0.4395723x 7,272.72 02/01/2026 438,685.00 445,230.00. 6,545.00 0.4299521x 2,814.04 08/01/2026 76,230.00 91,260.00 15,030.00 0.4205423x 6,320.75 02/01/2027 446,230.00 456,260.00 10,030.00 0.41 13385x 4,125.73 08/01/2027 68,182.50 81,770.00 13,587.50 0.4023362x 5,466.74 02/01/2028 458,182.50 471,770.00 13,587.50 0.3935309x 5,347.10 08/01/2028 59,700.00 71,630.00 11,930.00 0.3849182x 4,592.07 02/0112029 459,700.00 471,630.00 11,930.00 0.376494Ix 4,491.57 08/0112029 51,000.00 61,230.00 10,230.00 0.3682543x 3,767.24 02/0 112030 471,000.00 486,230.00 15,230.00 0.3601949x 5,485.77 08/0112030 42,075.00 50,180.00 8,105.00 0.3523118x 2,855.49 02/0112031 482,075.00 500,180.00 18,105.00 0.3446013x 6,239.01 08/0112031 32,175.00 38,480.00 6,305.00 0.3370595x 2,125.16 02/0112032 487,175.00 508,480.00 21,305.00 0.3296828x 7,023.89 08/01/2032 21,937.50 26,260.00 4,322.50 0.3224675x 1,393.87 02/0112033 501,937.50 521,260.00 19,322.50 0.3154102x 6,094.51 08/01/2033 11,137.50 13,390.00 2,252.50 0.3085072x 694.91 02/0112034 506,137.50 528,390.00 22,252.50 0.3017554x 6,714.81 Total $17,274,594.38 $17,791,215.70 $516,621.32 $250,416.78 06 xover of Ser 04 $19.58 I SINGLE PURPOSE I 1113012006 I 3:06 PM Ehlers & Associates, Inc. Leaders In Public Finance Page 8 @ iiIiii City of Andover EDA $6,865,000 Refunding Bonds, Series 2007 - Proposed Crossover Refunding of $19,580,000 Public Project Lease Revenue Bonds, Series 2004 (City of Andover Community Center) Summary Of Bonds Refunded of Maturity Issue Maturity Type Bond Coupon Value Call Date Call Price Dated 1/0112007 I Delivered 1/0112007 SOl 04 $19.58m Pub Proj Rev Bds B 02/01/2015 Serial Coupon 5.000% 200,000 02/0112014 100.000% SOl 04 $19.58m Pub Proj Rev Bds B 02/01/2016 Serial Coupon 5.000% 210,000 0210112014 100.000% SOl 04 $19.58m Pub Proj Rev Bds B 02/0112017 Serial Coupon 5.000% 220,000 0210112014 100.000% Ser 04 $19.58m Pub Proj Rev Bds B 02/0112018 Serial Coupon 5.000% 230,000 02101/2014 100.000% SOl 04 $19.58m Pub Proj Rev Bds B 02/01/2019 Serial Coupon 5.000% 245,000 02/0112014 100.000% Ser 04 $19.58m Pub Proj Rev Bds B 02/0112020 Serial Coupon 5.125% 255,000 02/01/2014 100.000% SOl 04 $19.58m Pub Proj Rev Bds B 02/01/2021 Serial Coupon 5.125% 270,000 0210112014 100.000% SOl 04 $19.58m Pub Proj Rev Bds B 02/01/2022 Serial Coupon 5.125% 280,000 02/0112014 100.000% Ser 04 $19.58m Pub Proj Rev Bds B 02/0112023 Serial Coupon 5.125% 295,000 02/0112014 100.000% SOl 04 $19.58m Pub Proj Rev Bds B 02/0112024 Serial Coupon 5.125% 315,000 02/0112014 100.000% Ser 04 $19.58m Pub Proj Rev Bds B 02/01/2025 Serial Coupon 5.200% 325,000 02/0112014 100.000% Ser 04 $19.58m Pub Proj Rev Bds B 02101/2026 Serial Coupon 5.200% 345,000 02/01/2014 100.000% SOl 04 $19.58m Pub Proj Rev Bds B 0210112027 Serial Coupon 5.200% 365,000 02/0112014 100.000% Ser 04 $19.58m Pub Proj Rev Bds B 0210112028 Serial Coupon 5.200% 390,000 02/01/2014 100.000% Ser04 $19.58m Pub Proj Rev Bds B 02101/2029 Serial Coupon 5.200% 400,000 02/01/2014 100.000% Ser 04 $19.58m Pub Proj Rev Bds B 02101/2030 Serial Coupon 5.200% 425,000 02/01/2014 100.000% Ser 04 $19.58m Pub Proj Rev Bds B 02/01/2031 Serial Coupon 5.200% 450,000 0210112014 100.000% Ser 04 $19.58m Pub Proj Rev Bds B 02/01/2032 Serial Coupon 5.200% 470,000 02101/2014 100.000% Ser 04 $19.58m Pub Proj Rev Bds B 02101/2033 Serial Coupon 5.200% 495,000 0210112014 100.000% Ser 04 $19.58m Pub Proj Rev Bds B 02101/2034 Serial Coupon 5.200% 515,000 0210112014 100.000% Subtotal $6,700,000 Total $6,700,000 06 xover of Ser 04 $19.58 I SINGLE PURPOSE 111130/2006 I 3:06PM -- City of Andover EDA $6,865,000 Refunding Bonds, Series 2007 - Proposed Crossover Refunding of $19,580,000 Public Project Lease Revenue Bonds, Series 2004 (City of Andover Community Center) Refunding Summary Dated 01/01/2007 I Delivered 01/05/2007 Sources Of Funds Par Amount of Bonds Reoffering Premium Accrued Interest from 01/0112007 to 0110512007 $6,865.000.00 6,276.50 3,244.25 Total Sources 86,874,520.75 Uses Of Funds Total Underwriter's Discount (1.000%) Costs oflssuance Gross Bond !osmance Premium (40.0 bp) Deposit to Crossover Escrow Fund Rounding Amount 68,650.00 45,140.75 49,880.96 6,710,306.87 542.17 Total Uses 86,874,520.75 Flow of Funds Detail State and Local Government Series (SLGS) rntes for Date of OMP Candidates 1113012006 Crossover Escrow :Fund Solution Method Total Cost of Investments ---------------------------- ------------------------------------------ Interest Earnings @4.34O"1o Total Draws Net Funded ________________~~,z!O,lO~IlZ_ 2,057,902.51 $8,768,209.38 Issues Refunded And Call Dates Ser 04 $19.58m Pub Proj Rev Bds B 2/0112014 PV Analysis Summary (Net to Net) Net PV Casbflow Savings @ 4.475'%(A1C) Contingency or Rounding Amount Net Present Value Benefit 250,416.78 542.17 $250,958.95 Net PV Benefit / $6,700,000 Refunded Principal __________________ Net PV Benefit / $6,865,000 Refunding Principal 3.746% 3.656% Bond Statistics Average Lite Average Coupon 18.957 Years 4.3071807% Net Interest Cost (NIC) Bood Yield for Arbitrage Purposes True Interest Cost (TIC) All Inclusive Cost (AlC) 06 xoverofSer 04 $19.58 I SINGLE PURPOSE 11113012006 I 3:06PM 4.3551098% 4.3409045% 4.3628173% 4.4750422% Ehlers & Associates, Inc. Leaders In Public Finance Page 10 @ iIiiiiiii PO F 4144-2 Department of the Treasury Bureau of the Public Debt (Revised July 1999) OMS No. 1535-0092 STATE AND LOCAL GOVERNMENT SERIES TIME DEPOSIT The United states Treasury Securities - Stale and Local Govemement Series subscribed for on PD F 4144 and account inlormatior furnished on PO F 4144-1 to which this schedule is attached and incorporated, are requested to be issued and held in book-enlr) accounts on the books 01 the Department 01 the Treasury. PRINCIPAL INTEREST ISSUE MATURITY ARST INTEREST"' AMOUNT RATE DATE DATE PAYMENT DATE (MMDDYY) (MMDDYY) (MMDDYY) 3,509 0% 1/05/2007 8/0112007 1,045 0% 1/0512007 2/011200e 8/01/2007 1,048 0% 1/0512007 2/01/2009 e101/2007 1,046 0% 1/05/2007 2/01/2010 el0112007 1,046 . 0% 1/05/2007 2/0112011 8101/2007 1,046 0% 1/05/2007 2/01/2012 e101/2007 1,048 0% 1/05/2007 2/0112013 e101/2007 6,700,522 4.342% 1/0512007 2/01/2014 e101/2007 *A first interest payment date must be specified for interest bearing securities with a maturity date greater than one year. Taxpayer Identification Number: Name of State or local Government Body: @ - City of Andover EDA $6,865,000 Refunding Bonds, Series 2007 - Proposed Crossover Refunding of $19,580,000 Public Project Lease Revenue Bonds, Series 2004 (City of Andover Community Center) Crossover Escrow Fund Cashflow Date Principal 01/0512007 08/01/2007 3,509.00 02/0112008 1,045.00 08/0112008 02/0112009 1,046.00 08/0112009 02/0112010 1,046.00 08/0112010 02/0112011 1,046.00 08/01/2011 02/01/2012 1,046.00 08/01/2012 02/01/2013 1,046.00 08/01/2013 02/01/2014 6,700,522.00 Total $6,710,306.00 Rate Interest Receipts Disbursements Cash Balance 0.87 0.87 166,814.22 170,323.22 170,323.13 0.96 145,468.33 146,513.33 145,991.25 523.04 145,468.33 145,468.33 145,991.25 0.12 145,468.33 146,514.33 145,991.25 523.20 145,468.33 145,468.33 145,991.25 0.28 145,468.33 146,514.33 145,991.25 523.36 145,468.33 145,468.33 145,991.25 0.44 . 145,468.33 146,514.33 145,991.25 523.52 145,468.33 145,468.33 145,991.25 0.60 145,468.33 146,514.33 145,991.25 523.68 145,468.33 145,468.33 145,991.25 0.76 145,468.33 146,514.33 145,991.25 523.84 145,468.33 145,468.33 145,991.25 0.92 145,468.33 6,845,990.33 6,845,991.25 $2,057,902.51 $8,768,209.38 $8,768,209.38 4.342% Investment Parameters Invesbnent Model [PV, GIC, or Securities] Defuult invesbnent yield target Securities Bond Yield Cash Deposit Cost of Investments Purchased with Bond Proceeds Total Cost of Investments 0.87 6,710,306.00 $6,710,306.87 Target Cost oflnvesbnents at bond yield Actual positive or (negative) arbitrage $6,709,801.69 (505.18) Yield to Receipt Yield for Arbitrage Purposes 4.3397979% 4.3409045% State and Local Government Series (SLGS) rates for 11/3012006 - EXTRACT OF MINUTES OF A MEETING BOARD OF COMMISSIONERS OF THE ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF ANDOVER, MINNESOTA HELD: December 5, 2006 Pursuant to due calland notice thereof, a regular or special meeting of the Board of Commissioners of the Economic Development Authority of the City of Andover, Minnesota was duly called and held at the City Hall in the City of Andover, Minnesota, on December 5, 2006 at P.M. The following members were present: and the following were absent: Member introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE ISSUANCE OF $6,865,000 PUBLIC FACILITY LEASE REVENUE REFUNDING BONDS, SERIES 2007 (CITY OF ANDOVER COMMUNITY CENTER) AND THE EXECUTION AND DELIVERY OF A FIRST AMENDMENT TO LEASE AGREEMENT, A FIRST SUPPLEMENTAL INDENTURE AND AMENDMENT TO MORTGAGE AND AN ESCROW AGREEMENT IN CONNECTION THEREWITH WHEREAS, Minnesota Statutes, Section 469.012, Subdivision 1, clause 15 (the "Act"), authorizes the Economic Development Authority of the City of Andover, Minnesota (the "Authority"), to issue revenue bonds, in anticipation of the collection of revenues ofa project, to fmance, in whole or in part, the cost of acquisition, construction, reconstruction, improvemep.t, betterment or extension of a project; and WHEREAS, the Authority has previously fInanced the acquisition and betterment of a community center (the "Project"), used by the City of Andover, Minnesota (the "City"), which was an authorized project under the Act, by the issuance of its $19,580,000 original principal amount of Public Facility Lease Revenue Bonds, Series 2004 (City of Andover Community Center), dated May 4,2004 (the "2004 Bonds") pursuant to a Mortgage and Security Agreement and Indenture of Trust between the Authority and U.S. Bank National Association, St. Paul, Minnesota, as Trustee (the "Trustee"), dated as of May 1,2004; and WHEREAS, by means of a crossover refunding, the Authority has previously refunded $9,755,000 aggregate principal amount of the February 1,2015 and later maturities of the 2004 Bonds, by the issuance of its $10,000,000 Public Facility Lease Revenue Refunding Bonds, Series 2006 (City of Andover Community Center), dated December 1,2006 (the "2006 Bonds"); the Authority and the Trustee entered into a Mortgage and Security Agreement and Indenture of Trust (the "Indenture"), the Authority and the City entered into a Lease Agreement (the "Lease") and the Authority and U.S. Bank National Association, in St. Paul, Minnesota (the "Escrow Agent") entered into an Escrow Agreement, each dated December 1, 2006, with respect to the issuance of the 2006 Bonds; and 1970116vl @ - WHEREAS, now the Authority proposes to refund the remaining outstanding portion of the February 1, 2015 and later maturities, aggregating $6,700,000 in principal amount, of the 2004 Bonds (the "Prior Bonds"), on February 1,2014, by means of a crossover refunding (the "Refunding") and to provide funds for the Refunding, the Authority proposes to issue its $6,865,000 Public Facility Lease Revenue Refunding Bonds, Series 2007 (City of Andover Community Center) (the "Bonds"); and WHEREAS, the Authority and the Escrow Agent will enter into an Escrow Agreement, to be dated January 1, 2007 (the "Escrow Agreement"), pursuant to which an Escrow Account will be established to pay when due the interest to accrue on the Bonds to and including February 1,2014, and to pay when called for redemption on February 1, 2014, $6,700,000 of the principal amount of the Prior Bonds; and WHEREAS, the Bonds will be issued pursuant to a First Supplemental Indenture and Amendment to Mortgage between the Authority and the Trustee, to be dated as of January 1, 2007 (the "Supplemental Indenture"), will be secured by a pledge and assignment of certain rights of the Authority under the Lease and a First Amendment to Lease Agreement, to be entered into between the Authority and the City, to be dated as of January 1,2007 (the "Amendment to Lease") and will also be secured by the revenues to be derived by the Authority from the Project and pursuant to the Indenture and the Supplemental Indenture, the Authority grants to ~e Trustee a mortgage interest in the Project with certain reservations; and WHEREAS, the Bonds shall be payable solely from the revenue pledged therefor and shall not constitute a debt of the Authority within the. meaning of any constitutional or statutory limitation nor shall they constitute nor give rise to a pecuniary liability of the Authority or a charge against its general credit or taxing powers and shall not constitute a charge, lien, or encumbrance, legal or equitable, upon any property of the Authority, other than its interest in the Project; and WHEREAS, in order to carry out the Refunding, (1) the Authority will continue to lease the Project to the City pursuant to the Lease and the Amendment to Lease and (2) the City will continue to lease the Project to the Authority pursuant to the original Ground Lease Agreement, dated as of May 1,2004 (the "Ground Lease"). NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Economic Development Authority of the City of Andover, Minnesota: 1. Findings. The Board of Commissioners acknowledges, finds, determines and declares that the Project promotes the welfare of the City and satisfies the purposes stated in the Act. 2. Authorization of Refunding. The refinancing of the Project by the Authority to be accomplished by the Refunding, be and the same is hereby authorized. 3. Ratification of Acceptance of Purchase. By Resolution duly adopted on October 3,2006, the Board authorized the City Administrator to execute a Bond Purchase Agreement, within the parameters outlined in the resolution, for the sale of the Bonds. The acceptance of the offer of Northland Securities, Inc., in Minneapolis, Minnesota (the "Purchaser"), to purchase the 1970116vl 2 @ - Bonds in accordance with the terms and at the rates of interest set forth in the Indenture, and the execution the Bond Purchase Agreement by the City Administrator, on behalf of the Authority, is hereby ratified. The Bonds shall bear interest at the rates, be in the denominations, numbered, dated, mature, be subject to redemption, in such form and have such other details and provisions as are prescribed by the Indenture and the Supplemental Indenture. 4. Special Obligations: Securitv: Authorization to Execute and Deliver Supplemental Indenture and Bonds. The Bonds shall be special obligations of the Authority payable solely from the revenues derived by the Authority from the Project, in the manner provided in the Indenture and the Supplemental Indenture. As security for the payment of the principal of, premium, if any, and interest on the Bonds, pro rata and without preference of anyone Bond over any other Bonds, the Board of Commissioners hereby authorizes and directs the President and Executive Director to execute the Supplemental Indenture in substantially the form on file with the Executive Director, and to deliver the Supplemental Indenture to the Trustee, and does hereby provide that the Indenture and the Supplemental Indenture shall provide the terms and conditions, covenants, rights, obligations, duties and agreements of the Holders (as defined in the Indenture) of the Bonds, the Authority and the Trustee as set forth therein. All of the provisions of the Indenture and the Supplemental Indenture, when executed as authorized herein, shall be deemed to be a part of this resolution as fully and to the same extent as if incorporated herein and shall be in full force and effect from the date of execution and delivery thereof. The President and the Executive Director are hereby authorized and directed to execute and deliver the Bonds. 5. Authorization to Execute and Deliver Amendment to Lease and Escrow Agreement. The President and the Executive Director are hereby authorized and directed to execute, attest and deliver the Amendment to Lease and the Escrow Agreement in substantially the forms on file with the Executive Director. All of the provisions of the Lease, the Amendment to Lease and the Escrow Agreement, when executed and delivered as authorized herein, shall be deemed to be part of this resolution as fully and to the same extent as if incorporated herein and shall be in full force and effect according to the terms thereof from the date of execution and delivery thereof. 6. Termination Upon Payment or Discharge. Upon the payment or discharge of the Bonds in accordance with the terms of the Indenture, the Supplemental Indenture, the Lease, the Amendment to Lease and the Escrow Agreement (together, the "Bond Documents") shall terminate and the Authority's interest in the Project and real estate on which the Project is located shall cease. 7. Binding: Obligations: No Personal Liability. All covenants, stipulations, obligations and agreements of the Authority contained in this resolution and contained in the Bond Documents shall be deemed to be the covenants, stipulations, obligations and agreements of the Authority to the full extent authorized or permitted by law, and all such covenants, stipulations, obligations and agreements shall be binding upon the Authority. Except as otherwise provided in this resolution, all rights, powers and privileges conferred and duties and liabilities imposed upon the Authority or the Board of Commissioners thereof by the provisions of this resolution or by the Bond Documents, shall be exercised or performed by the Authority by such members of the Board of Commissioners, or such officers, board, body or agency thereof as may be required by law to exercise such powers and to perform such duties. 1970116vl 3 G) .. No covenant, stipulation, obligation or agreement herein contained or contained in the Bond Docwnents shall be deemed to be a covenant, stipulation, obligation or agreement of any member of the Board of Commissioners, or any officer, agent or employee of the issuer in that person's individual capacity, and neither the Board of Commissioners of the Authority nor any officer executing the Bonds shall be liable personally on the Bonds or be subject to any personal liability or accountability by reason of the issuance thereof. 8. Sole and Exclusive Benefit. Except as herein otherwise expressly provided, nothing in this resolution or in the Indenture, as amended by the Supplemental Indenture, expressed or iinplied, is intended or shall be construed to confer upon any person or firm or corporation other than the Authority or the Trustee, any right, remedy or claim, legal or equitable, under and by reason of this resolution or any provision hereof or of the Indenture or any provisions thereof, this resolution, the Indenture, as amended by the Supplemental Indenture, and all of their provisions being intended to be and being for the sole and exclusive benefit of the Authority and the Holders from tiine to tiine of the Bonds issued under the provisions of this resolution and the Indenture, as amended by the Supplemental Indenture. 9. Provisions Held Separate and Apart: Binding Contracts. In case anyone or more of the provisions of this resolution, the Bond Docwnents or any of the Bonds issued hereunder shall for any reason be held to be illegal or invalid, such illegality or invalidity shall not affect any other provision of this resolution, the Bond Docwnents, or the Bonds, but this resolution, the Bond Docwnents and the Bonds shall be construed and endorsed as if such illegal or invalid provision had not been contained therein. The terms and conditions set forth in the Bond Docwnents, the pledge of revenues derived from the Project, the creation of the funds provided for in the Indenture, the provisions relating to the handling of the proceeds derived from the sale of BOIlds pursuant to and under the Indenture and the handling of said revenues and other monies are all commitments, obligations and agreements on the part of the Authority contained in the Indenture, and the invalidity of the Bond Docwnents, shall not affect the commitments, obligations and agreements on the part of the Authority to create such funds and to handle said revenues, other monies and proceeds of the Bonds for the purposes, in the manner and according to the terms and conditions fixed in the Indenture, it being the intention hereof that such commitments on the part of the Authority are as binding as if contained in this resolution separate and apart from the Indenture or the Lease. 10. Bond Recital. The Bonds shall contain a recital that they are issued pursuant to the Act, and such recital shall be conclusive evidence of the validity of the Bonds and the . regularity of the issuance thereof, and that all acts, conditions and things required by the laws of the State of Minnesota relating to the adoption of this resolution, to the issuance of the Bonds and to the execution of the Bond Docwnents to happen, exist' and be performed precedent to and in the enactment of this resolution, and precedent to the Bonds, the execution of the Bond Docwnents have happened, exist and have been performed as so required by law. 11. Performance. That the officers, attorneys, engineers and other agents or employees of the Authority are hereby authorized to do all acts and things required of them by or in connection with this resolution, the Bond Docwnents, for the full, punctual and complete performance of all the terms, covenants and agreements contained in the Bonds, the Bond Docwnents and this resolution. 1970116vl 4 @ - 12. Furnishing of Certificates and Proceedings. The President and the Executive Director and other officers of the Authority are authorized and directed to prepare and furnish to the Purchaser certified copies of all proceedings and records of the Authority relating to the Bonds, and such other affidavits and certificates as may be required to show the facts relating to the legality of the Bonds as such facts appear from the books and records in the officers' custody and control or as otherwise known to them; and all such certified copies, certificates and affidavits, including any heretofore furnished, shall constitute representations of the Authority as to the truth of all statements contained therein. 13. Negative Covenant as to Use of Proceeds and Project. The Authority hereby covenants not to use the proceeds of the Bonds or to use the Project, or to cause or permit them to be used, in such a manner as to cause the Bonds to be "private activity bonds" within the meaning of Sections 103 and 141 through 150 of the Code. 14. Tax-Exempt Status of the Bonds; Rebate; Elections. The Authority shall comply with requirements necessary under the Code to establish and maintain the exclusion from gross income under Section 103 of the Code of the interest on the Bonds, including without limitation (1) requirements relating to temporary periods for investments, (2) limitations on amounts invested at a yield greater than the yield on the Bonds, and (3) the rebate of excess investment earnings to the United States. 15. Designation ofOualified Tax-Exempt Obligations. In order to qualify the Bonds as "qualified tax exempt obligations" within the meaning of Section 265(b )(3) of the Code, the Authority hereby makes the following factual statements and representations: (a) the Bonds are issued after August 7,1986; (b) the Bonds are not "private activity bonds" as defined in Section 141 of the Code, treating "qualified 501(c)(3) bonds as not being private activity bonds; (c) the Authority hereby designates the Bonds as "qualified tax exempt obligations" for purposes of Section 265(b)(3) of the Code; (d) the reasonably anticipated amount of tax exempt obligations (other than private activity bonds, treating qualified 501 (c )(3) bonds as not being private activity bonds) which will be issued by the Authority (and all entities treated as one issuer with the Authority, and all subordinate entities whose obligations are treated as issued by the Authority) during calendar year 2007 will not exceed $10,000,000; (e) not more than $10,000,000 of obligations issued by the Authority during calendar year 2007 have been designated for purposes of Section 265(b)(3) of the Code. The Authority shall use its best efforts to comply with any federal procedural requirements which may apply in order to effectuate the designation made by this section. 16. Authorized Issuer Representative. The President and Executive Director are each hereby designated and authorized to act on behalf of the Authority as the Issuer Representative, as defmed in the Indenture. 1970116vl 5 @ - 17. Modifications to Documents. The approval hereby given to the various documents referred to above includes approval of such additional details therein as may be necessary and appropriate and such modifications thereof, deletions therefrom and additions thereto as may be necessary and appropriate and approved by the Authority Attorney and the Authority officials authorized herein to execute said documents prior to their execution; and said Authority officials are hereby authorized to approve said changes on behalf of the Authority. The execution of any instrument by the appropriate officer or officers of the Authority herein authorized shall be conclusive evidence of the approval of such documents in accordance with the terms hereof. In the absence of the President or Executive Director any of the documents authorized by this resolution to be executed by the Acting President or the Acting Executive Director, respectively. The motion for the adoption of the foregoing resolution was du1y seconded by member , and upon vote being taken thereon the following voted in favor thereof: and the following voted against the same: whereupon the resolution was declared du1y passed and adopted. Passed: December 5, 2006. President Attest: Executive Director 1970116vl 6 @ - ;1 STATE OF MINNESOTA ) COUNTY OF ANOKA ) SS. CITY OF ANDOVER ) I, the undersigned, being the duly qualified and acting Executive Director of the Economic Development Authority of the City of Andover, Minnesota, hereby certify that I have carefully compared and attached the foregoing extract of minutes of a meeting of the Board of Commissioners held December 5, 2006, with the original thereof on file and of record in my office and the same is a full, true and complete transcript therefrom insofar as the same relates to a resolution authorizirig issuance of bonds. WITNESS my hand on December 5, 2006. Executive Director 19701l6vl 7 @ 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US TO: EDA President & Board FROM: Jim Dickinson, Executive Director SUBJECT: Supplemental Agenda Item for December 5, 2006 EDA Meeting DATE: December 5, 2006 The City Council is requested to receive the following supplemental information. Add-On Item. Discuss Letter from Andover Station Owners Association (Supplemental) Planning 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US FROM: Will Neumeister, Director of Community Development~ TO: EDA President and Board CC: Jim Dickinson, Executive Director I SUBJECT: Discuss Letter from Andover Station Owners Association DATE: December 5, 2006 INTRODUCTION Earlier this year the City Council discussed at a workshop a variety of alternatives for the median maintenance on Bunker Lake Boulevard. Since that meeting, staff conveyed to the representatives of the Andover Owners Association what the plan entailed. Staff indicated to them that the City was willing to fund half of the costs with the other half being the Association's to bear. DISCUSSION As is evident from the attached letter, the concept of what is being done should be discussed further as it will be resisted by the Andover Station Owner's Association. If there isn't cost sharing then the entire cost would be the EDA's to bear. The original staff report from August 22, 2006 and minutes of that meeting are also attached. ACTION REOUIRED The EDA is asked to review the letter from the Andover Station Owners Association and provide direction. Respectfully submitted, WL Will Neumeister Attachment Letter from Andover Station Owners Association Report and Minutes of Council Workshop RL~CEiVED November 28, 2006 NOV 2 9 2006 CITY OF ANDOVER City of Andover Attn: Will Neumeister 1685 Crosstown Blvd. NW Andover, MN 55304 RE: ANDOVER STATION Dear Will: This letter is written in response to your letter to the Mayor and Council Members of Andover in regards to the upgrading of Bunker Lake Blvd. While all Association members are appreciative of your position on reducing the costs associated with the median, we also feel at the same time that this cost should be absorbed by the City in its entirety based on the following. . We were not able to input on the makeup of these islands prior to the initial plantings. The islands on Bunker and those on Martin were planted with the wrong materials, over planted and not planted correctly. . Tenants at Andover Station are struggling and to apply costs in these amounts in addition to real estate taxes and regular CAM costs will 1) put a huge stress on their financials 2) hamper future leasing efforts due to higher CAM costs as related to other similar centers . If the City will correct the initial problem we would be more than willing to budget expenses of a flat payment of $2,000 annually to the City for ongoing maintenance. The Board of Directors of Andover Station II Owner's Association have reviewed this document and are in completed agreement and support of the information contained herein. If you have any questions please call me at (952) 843-0344. On Behalf Of: ANDOVER STATION OWNERS ASSOCIATION ~~'. Jennifer L Lenhart, CPM@ President -2-- CITY OF NDOVE @ 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US TO: Mayor and Council Members CC: Jim Dickinson, City Administrator """'- Will Neumeister, Community Development Directo~ FROM: SUBJECT: Options for Bunker Lake Boulevard Median Maintenance (continued) - Planning DATE: August 22, 2006 INTRODUCTION At the July 25th Council Workshop the discussion item was first introduced. Since that time, staff has thought about other options available and want to get more input from the Council on what direction to pursue. Attached is the discussion item as it was presented last month. DISCUSSION These are six options that could be cDnsidered as to what can be done with the median on Bunker: cbo5uv-) 5. Ii. ~. 6. 1. Do nothing. ($10,000 annual cost to maintain) 2. Remove all the plant materials and place concrete in the median. (one-time cost of$120,000) 3. Remove all the plant materials and place colored concrete in the median (one-time cost of $240,000) 4. Remove all the plant materials and place paver bricks in the median leaving spaces for a limited number of decorative trees and shrubs. (initial cost could be well over , with some annual, costs for . ited landsca e areas ( Remove all the plant material and place crushed granite in the median leaving spaces for a limited number of decorative trees and shrubs. (initial CDst of $45,000 with some annual costs for limited landscaped areas) e ve the p ant materials and start over with a native planting plan. (we are still trying to get a cost estimate from Prairie Restorations and it will be provided at the meeting) Staff feels that option #5 is the best one to pursue at this time. Whichever option is picked, the EDA lind City Council will need to be discuss who would pay the costs to do the work. At the meeting, staff will provide some digital photos of examples of what some other cities have done in their medians. ACTION REOUESTED The staff is looking for direction on whether there is anyone option that has more appeal than any of the others on the list. The Andover Station Owners Associations are still interested in moving towards lowering their annual Dperating costs. Attachment: Previous Staff Report -J- '" @<~ 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US TO: Mayor and Council Members CC: JIID. Dickinson, City Administrator FROM: Will Neumeister, Community Development Director wJ.- SUBJECT: Options for Bunker Lake Boulevard Median Maintenance DATE: July 25, 2006 As you can see from the attached sheet from Finance, the Bunker Lake Boulevard median is again going to cost both property owners asSDciRtiOns at AndDver Station a significant amDunt Df mDney. This memo is written because the Associations have asked for us to look at new ways to get these costs under control. A month ago the staff suggested to put concrete in the entire median, but that was met with objection. Staff' has consulted with Jl.{ickman Brothers and together we believe we have an idea of what to do to gain control of the weeds and still have landscaping in the median. We feel that we need to limit the amDunt of organic area to only about 10% of the area and selectively place salt tolerant, very hardy plants in a proper fashion in smaller spaces (see attached drawing). The situation we have right now is Dut of control and will not ever be completely under control unless we do a major change. We would suggest a material in the median that looks nice, and is able to keep weeds from growing up and is mDre cost effective to install. The material would be a grey C01Dred crushed (unwashed sand) granite quarry rock that is placed and compacted very well, then a material called "poly pavemenf' would be sprayed on it 'to hold it in place and bind the material together. The finished product would look like exposed aggregate (stronger than bituminous). The idea would be to reduce.the amount of organic growing media to a much smaller area, and then plant very close together to have the plants out compete the weeds. The cost breakdDwn below is what could be expected include: Item No. Description Units Est. Quantity Unit Price Total I Mobilization Each 1 $3,500 $3,500 2 Traffic Control Each . 1 $3,500 $3,500 3 Common CY 600 $15 $9,000 Excavation 4 Granular CY 300 $12 $3,600 Borrow 5 Crushed Granite Tons 750 tons . $16 $12,000 6 LabDrlEqup. To CY 300 $8 $2,400 Compact Granite 7 hrigation System Lump Sum I $3,000 $3,000 Modifications 8 Salvage Plants! Lump Sum I $5,000 $5,000 New Plants 9 Poly Pavement Lump Sum 1 $2,400 $2,400 TDtal $44,400 Attachments: Current Maintenance Cost Breakdown / Concept Drawing - '1-- -r:;~-: - . c .. CITY OF ANDOVER '._ .<!J ~ Andover Station Maintenance Cost Sharing. 200S Area A Area B AreaC Andover Station U Andover Station Andover Cc:onomic Owners Association Pro emes Association Development Authority % $ % $ % $ Mickman Brothers Spring Cleanup $ 1,985.00 20.00% $ 397.00 80.00% $ 1,58B.00 0.00% $ Start up Irrigation System 1,145.38 3920% 448.99 45.10% 516.57 15.70% 179.82 Repair Irrigation 491.49 3920% 192..66 45.10% 221.66 15.70% 77.17 Mid-Season Cleanup 2,997.00 20.00% 599.40 80.00% 2,397.60 0.00".4 FaD Cleanup 1,635.00 20.00% 3ZT .00 80.00% 1 ,30B.00 0.00% WlI1lerization of Irrigation 160.00 3920".4 62.72 45.10% 72.16 15.70% 25.12 B,413.a7 3,Bzr.77 6,103.99 282.11 Anoke County Highway Dept Penni! 110.00 20.00% 22.00 80.00% BB.OO. 0.00% Water 2,466.25 3920% 966.3B 45.10% 1,111.83 15.70% 387.04 United Rentals Lane ClosW'eS on Bunker 1.D45.5O 20.00% 209.10 80.00% B36.4O 0.00".4 Street Lights Bulbs 868.08 50.00% 434.04 24.00% 20B.34 26.00% 225.70 Aircon Electric 3,821.71 50.00% 1,960.86 24.00% 94121 26.00% 1,019.64 Connexus Energy 6,289.37 50.00% 3,144.69 24.00% 1 ,509.45 26.00% 1,63523 1'1,079.16 5,539.59 3,&59.00 2,880.57 Invoice Totals 23,113.78 B,764.84 10,799.22 3,549.72 37.82% 46.72% 15.36% City Expenses 248.25 94.14 115.99 3&.13 Grand Total $ B,B5B.9B $ 10,915.21 $ 3,587.85 ~ p.....71..L-/ I~ ~ ;411 ^,UI4~ eopts- 18 ~ gldatalstaffllbrezinl<alAndover Station Cost Sharing 2005.xJs -$C- 116,'2006 I d , ~ I ~ -b~ Crat!; ff&s Special Andover City Council Workshop Meeting Minutes - August 22, 2006 Page 7 VIEW OF BUFFER REQUIREMENTS AND POTENTIAL CHANGES City En ineer Berkowitz stated there continues to be a number of problems arising on properties where ho s are built close to the back of the required 100-foot buildable area. Especially problematic e properties that abut wetlands or storm water ponds. There have also been some questions raise bout where the required 16.5 buffer area around wetlands and ponds is to be measured from. nges to three code sections are being suggested to address these problems. He reviewed the chan es and requested Council direct staff as to whether or not the proposed ordinance amendments ould move forward. Councilmember Trude stated e thought they had already done this. City Engineer Berkowitz responded staff would need to g ack and do some research on this. Councilmember Trude stated it was ill Building Department that had addressed this previously. Councilmember Jacobson asked how difficult would be to put a deck in the 16 Y, feet. City Engineer Berkowitz responded the footing woul .t in muck and eventually pull away. Councilmember Trude stated the new number 3 needs say the new homeowners need to respect the buffer. City Engineer Berkowitz stated if they ake this a City Ordinance, it would be enforceable. He stated they would come back with the di ensions of the buffer and the signage recommended. Councilmember Trude suggested they add a number 3 for a permanent buffer. Mayor Gamache recommended they hold off on this until after the Councilmember Orttel requested staff go through the past minutes to see i this in the past. Mayor Gamache stated they should tie this into the study if possible. .. OP110N FOR BUNKER LAKE BOULEVARD MEDIAN MAINTENANCE (CONTINUED) Community Development DirectDr Neumeister stated at the July 25, 2006 Council Workshop the discussion item was first introduced. Since that time, staffhas thought about other options available and want to get more input from the Council on what direction to pursue. He reviewed the seven options that could be considered as to what can be done with the median on Bunker. He indicated staff is looking for direction on whether there is anyone option that has more appeal than any Df the others on the list. The Andover Station Owners Association is still interested in moving toward lowering their annual operating costs. -7- Special Andover City Council Workshop Meeting Minutes - August 22, 2006 Page 8 He stated if they went with the prairie grass option it would need to be burned off once a year. He noted the native plantings would take a couple of years to establish. Councilmember Knight stated he wDuld like to see the money used elsewhere and wants landscaping that took care of itself. He is in favor of the granite. CDuncilmember Orttel agreed. He suggested researching salt tolerant plantings. The problem with prairie grass is that people do not like the look of it and believe the grass is just weeds. Councilmember Knight stated another issue is the prairie grass seeds blowing into neighboring lawns. Councilmember Jacobson asked what the association wants. Community Development Neumeister responded they want the cheapest option available. Mayor Gamache asked how high the trees would grow on Jay Street. Mr. Neumeister responded 15 - 25 feet depending on the tree. Councilmember Trude asked if the trees are irrigated in those medians. Mr. Neumeister responded they are not irrigated. Mayor Gamache asked if they could add taller trees. City Engineer Berkowitz responded the County would not allow taller trees. Mr. Neumeister stated staff is recommending the number 5 option. Councilmember Orttel suggested they go back to the association with the $25,000 option and see what type of a contribution they are willing to make, even if they make the contribution over time. Councilmember Trude stated she still wants them to look at the lighting issues. City Engineer Berkowitz responded they are still working on this. He noted to change the lighting would be difficult. Councilmember Knight suggested taking light bulbs out of the lights and not replacing them. Councilmember Trude noted they could use the poles as banner hangers once the bulbs were removed. Councilmember Orttel asked ifthere is a way to get someone to spray the weeds a couple of times a year in the median. Mr. Neumeister responded this would be brought back to Council after staff speaks with the association. -1--- ~