Loading...
HomeMy WebLinkAbout19771107_regularMINUTES OF THE REGULAR MEETING OF TIIE EDINA CITY COUNCIL LlELD AT CITY HALL MOVEMBER 7, 1977 Answering rollcall were members Courtney, Richards, Schmidt , Shaw and Flayor Van Valkenburg. $2,700,000 INPROVEmNT BONDS SALE APPROVED. ing publication in the official newspaper and in the Comrnercial West of the Notice of Sale of $2,700,000 Improvement Bonds of the City, bids for which were to be considered at this meeting as provided by the Council resolution adopted October 3, 1977. file. been received at her office at or before the time stated in the notice, and the bids were then opened and publicly read and considered, and were all found to conform to the notice of sale and to be accompanied by the required security, and the purchase price, coupon rates and net interest cost ucder the terms of each bid were found to be as follows: Net Interest The Clerk presented affidavits show- The affidavits.were examined and approved and ordered placed on The Clerk reported that six sealed bids for the purchase of the Bonds had Bidder Premium cost Citibank, N.A. 15.00 - 4.3365 First National Bank of Chicago $1,099.91' 4.38963 Continental Illinois National Bank m First National Bank of Minneapolis 8.91 4.38660 r Northern Trust Company 39.00 4.37971 & Trust Company of Chicago 201.00 4.398511 American National Bank & Trust Co. None %. 4.380 After consideration of the foregoing bids, Councilman Shaw introduced the follow- F-. a 5 e of St. Paul, Minnesota ing resolution and moved its adoption: .. RESOLUTION AWARDING SALE OF $2,700,000 IMPROVEMENT BONDS BE IT RESOLVED by the City Council of the City of Edina, Minnesota, as follows: The City has authorized by a resolution of the City Council adopted October 3, L977, the issuance and sale of $2,700,000 Improvement Bonds. The Notice of Sale of the Bonds has been duly published and the Council has publicly received, cjpened and considered all sealed bids presented in conformity with the Notice. The most favorable of such bids, which is hereby accepted is ascertained to be that of'citibank, N.A. of New York, and associates, to purchase the Bonds at a price of 4.3365% par and accrued interest to the date of delivery, plus a premium of $15.00, the Bonds bearing interest at the following rates pei annum, from date of issue until paid: 1. I I Maturity Years 1978 Interest Rate 4.25 1979 4.30 1,980 4.30 1981 4.30 1982 4.30 1983 4.30 1984 4.30 1985 4.40 1986 4.40 in duplicate a contract for the sale of the Bonds by the City in accordance with said bid and to deliver a duplicate to the purchasers. The City Clerk is directed to retain the purchasers' checks securing the contract of sale until the Bonds'are delivered and the purchase price is paid and to return the checks securing other bids to the respective bidders. Motion for adoption of the resolution was duly seconded by Councilman Courtney, and upon vote being taken thereon, the following voted in favor thereof: 2. The Mayor and City Clerk are hereby authorized and directed to execute Rollcall : Ayes: Nays: None Resolution adopted Courtney, Richards, Schmidt, Shaw, Van Valkenburg After some discussion, Councilman Shaw introduced the following resolution and moved its adoption: RESOLUTION RELATING TO $2,700,000 THE EXECUTION ANT) DELIVERY THEREOF AND THE SECURITY THEREFOR BE IT RESOLVED by the City Council of the City OS Edina, Minnesota, as follows: This Council, by its resolution dated October 3, 1977, authorized the IMPROVEMENT BONDS ; FIXING THE FORH A" DETAILS, PROVIDING FOR ._ Section 1. Authorization and Sale of Bonds. 1.01. issuance and sale of $2,700,000 Improvement Bonds of the City (the Bonds) to finance the construction of various local improvements as more fully described in Section 1 of said resolution. ' 11/7/77 12 ",: ( -1 This Council has, by resolution adopted November 7, 1977, accepted. .- the bid of.Citibank, N.A. of New York,%N.Y., for the purchase of the Bonds on .. the terms and conditions set forth in the official Notice of Sale and in this 1.02. .. 'resolution. .. . I_ . :. .. -. - .- -. _- . -. Section 2. Forms. ,- .. 2.01. Form of Bonds. The Bonds shall be printed in substantially the follow- ing iorm: UNITED STATES OF AMERICA STATE OF MINNESOTA COUNTY OF HENNEPIN CITY OF EDINA DSPROVEMENT BOND No. . $5,000 KNOW ALL MEN BY TeSE PRESENTS that the City of Edina, Hennepin County, PEnne- -sots, acknowledges itself to be indebted and for value received promises to pay to bearer the sum of FIVE THOUSAND DOUS on the first Day of November, 19 , 'without option-of prior payment, and to pay' interest on said principal sum from the date hereof until said principal sum is paid at the rate of percent commencing May 1, 1978, in accordance with and upon presentation and surrender of tEie interest coupons appurtenant hereto. Both principal and interest are payable successor paying agent as may be designated by the City Council under the pro- visions of the resolution authorizing the issuance hereof, in any coin or cur--' . rency of the United States of America which on their respective dares of Tayment is legal tender for payment of public and private debts. For the p.roEgz dnd.fu11 payment of such principal and interest as the same become due, the full faith,- credit and taxing powers of the City have been and are hereby irrevoczbly pledged. . Th2s bond is one of an issue in the total principal amount of $2,700,000, all of 1ike.date and tenor except as to serial number, interest rate, and maturity date, issued to finance the construction of local improvements in the City, and -issued pursuant to and in full conformity with the Constitution and laws of-zhe State of Minnesota thereunto enabling, including Chapter 429, Minnesota Statutes-, 'and pursuant to resolutions duly adopted by the City Council- able primarily from the improvement Bond Redeqtion Fund of the City, but the Council is required by law to pay maturing principal thereof and interest thereon out of any other funds in the treasury if moneys on hand in the Redemption Fund are insufficient therefor. and things required by the Constitutiozr and laws of the State of Yfnnesota to.be done, to exist, to happen and to be performed preliminary to and fn the issuance of-t-his bond in order to make it a valid and binding general obligation of the been performed 2s so required; that prior to the issuance hereof, the City has levied or'covenanted and agreed to levy special assessments upon property beiiefited by localhprovements, collectible in the years and amounts reqilired to produce sums'not less than 5% in excess of the interest on and principal of the bonds of this issue as they respectively become due, and has appropriated the special assess@eirts to the Redemption Fund, but, if needed to pay such principal and . interest, ad valorem taxes are required by law to be levied on all taxable property in the City without limitation as to rate or amount; and that the issumce of-this bond does not cause the indebtedness of.the City to exceed any constitutioaal or statutory limitation of indebtedness. . Council has caused this bond and the interest coupons appurtenant hereto and the certificate on the reverse side hereof to be executed 2nd authenticated by the signatures of the Mayor and .the City Xanager and its official seal to be affixed hereto, all such signatures and the seal being authentic printed, en- %graved, or lithographed facsimiles except for th officers on the face of this bond, and has dated . _- .( W) per annm. Interest hereon is payable on each May 1 and November 1, at in Y , or at the office of such This Bond is pay- IT IS HEREBY CERTIFIED, RECITED, COV"TJ3D AND AGREED that all acts, ckditions . City according to its terms, have been done, do exist, have happened and have ' Ipu- IJrTNESS WHEXEOF the City of Edina, Hennepin County, Minnesota, by its City (seal) 2.02. Form of Coupons. shall be represented by consecutively nmbered coupons attached thereto, in substantially the following 'form: Interest to the maturity date of each Bond -, \ .. 1 1 / 7 / 7.7 13 No. $ On thk first'dtty of May (November), 19 , the City of Edlna, Hennepin County, State of PIinnesota, 'will pay to bearer at in 9 , the amount shown hereon in lawful money of the United StaLes of America for the installment of interest then due on its Improvement Bond, dated November 1, 1977, No. (Facsimile signature) City Manager (Facsimile si'nature) Mayor 2.03. Form of Certificate. A certificate in substantially the following form shall be printed on the reverse side of each Bond, following a copy of the text of the legal opinion to be rendered by bond counsel: We certify that the above is a full, true and correct copy of the legal opinion rendered by bond counsel on the issue of Bonds of the City of Edina, Minnesota, which includes the within Bonds, dated as of the date of delivery of and payment for the Bonds. (Facsimile signature) (Facsimile signature) City Manager Mayor Section 3. Bond Terms, Execution and Delivery. 3.01. Date, Denomination, Maturities and Rates. The Bonds shall be design- a P [\ ated lrImprovement Bonds", and shall be dated as of November 1, 1977. The Bonds shall be in the total principal amount of $2,700,000, and shall be numbered from . 1 through 540, each in the deaomination of $5,000. The Bonds shall mature serially on November 1, without option of.prior payment, in the years and amounts set forth below, and the Bonds of each annual maturity shall bear interest from date of issue until paid, at the rate set forth opposite the year of such maturity, as follows: a 4 a Interest Interest Year Amount 1978 $300,000 -. Rate 4.25 Year Amount 1983 $300,000 Rate 4.30 1979 $300,000 4.30 1984 $300,000 4.30 1980 $300,000 4.30 1985 $300,000 4.40 1981 $300,000 4.30 1886 $300,000 4.40 '1982 $300,000 4.30 be payable on each May 1 and November 1, commencing on May 1, 1978. and interest shall be payable at Northwestern iktional Bank in Minneapdlis, Minnesota,which is designated as paying agent, or in the event of its resignation, removal or incapability of acting as paying agent, at the office of such successor paying agent as may be appointed by the Council, and the City hereby agrees to pay the reasonable and customary charges of the paying agent for the receipt and dis- bursement of principal and interest moneys. or consolidation of the paying agent, if the resulting corporation is a bank or trust company authorized by "law to conduct such business, such corporation shall be authorized to act as SUC- cessor paying agent.Uponresignation of the paying agent, which shall be cornmi- cated in writing to the Council not less than ninety days before it shall become effective, the Council reserves the right to appoint a successor paying agent. . Mo resignation and no appointment of a successor paying agent shall become egfective until the date specified in a notice of the resignation and appointmept which the Council shall cause to be published in a Minnesota city of the first class or its metropolitan area, not less than thirty (309 days before said effective date. certificate on the reverse side of each Bond shall be executed and authenticated on behalf of the City by the signatures of the Mayor and City Manager, and the City's corporate seal shall be affixed to each Bond. shall be printed, engraved or lithographed facsimiles except for the manual . signature of one of such officers on the -face of each Bond. been so executed and authenticated, the City Treasurer and Financial Director shall cause the Bonds to be delivered to the purchaser thereof upon payment of the purchase price heretofore agreed upon. .. 3.02. Interest Payment Dates, Paying Agent. Interest on the Bozlds shall Both principal Upon merger * financial newspaper in a 3.03. Execution and Delivery. The Bonds and the interest coupons and the All signatures and the seal When the Bonds have Section 4. Security Provisions. 4.01. 1977 Improvement Bond Construction Fund. There is hereby created a special fund to be designated as the "1977 Improvement Bond Construction Fund", to2be held and administered by the Clerk.and the Treasurer and Finance Director separate and apart from all other funds of the City. fund (a) the proceeds of the sale of the Bonds, and (b) with respect 'to each Improvement financed with the proceeds of the Bonds (as set forth in Section 1 af the resolution adopted October 3, 1977, authorizing the issuance and sale of the Bonds and hereinafter referred to as the Improvements), all collections of specia.1 assessments levied for that Improvement until completion and payment of-all costs of the Improvement. Improvements, including, but not limited to, the transfer to the Improvement Bond The City appropriates to this This fund shall be used solely to defray,expenses of the 1U.7 / 7 7 . -. -Redemption Fund, referred to in,Section 4.02 hereof, of amounts suffient for the payment of interest and principal, if any, due upon the Bonds prior to the completion and payment of a11 costs of the Improvements. be maintained in this fund to record expenditures for each improvement, and when the to.tal cost thereof has been paid all subsequent collections of special assessments levied for that Improvement shall be credited and paid into the Improvement Bond Redemption Fund. the Improvements, any balance of the proceeds.of Bonds remaining in the 1977 Improvement Bond Construction Fund part, of any other improvements instituted pursuant to Minnesota Statutes, Chapter 429, as directed by the City Council, but any balance of such proceeds not so used shall be credited and paid to the Improvement Bond Redemption Fund, as established by City Ordinance No. 151. are outstanding and any principal of or interest thereon unpaid, the City Clerk A separate account shall Upon completion and payment of all costs of may be used to pay the cost, in whole or in 4.02. Improvement Bond Redemption Fund. So long as any of the Bonds . .. - -. . . -. . a- _- *- * i - . ._ .. . - .. .* .. and the Treasurer and Finance Director shall maintain a separate and special Improvement Bond Redemption Fund,.to be used for no purpose other than the payment of the principal of and interest on the Bonds and on such other improve- ment bonds of the City as have been or MY be directed to be paid therefrom. The City irrevocably..appropriates to this Fund (a) the, collections of special assess- ments and other funds to be credited and paid thereto in accordance with the provisions of Section 4.01, and (b) all such other moneys as shall be received and appropriated to the Improvement Bond Redemption Fund from tinie to time. the balance in the Fund is at any time insufficient to pay all interest and principal then due on all bonds payable therefrom, the payment shall be made from any fund of the City which is available for that purpose, subject to reim- bursement from the Improvement Bond Redemption Fund, when the balance tnerein is sufficient. The Council shall each year levy a sufficient amount to take care of any accumulated or anticipated deficiencies, which levy is not subject to- any statutory or other tax limitation. .4.03. Special Assessments. The City covenants and agrees with all holders of the Bonds that it has levied or will levy special assessments for the payment of the cost of the Improvements upon properties within the-area deter- mined to be assessable therefor, in amounts proportionate to and not.exceeding .the benefits received by said properties from.such Improvements, in a principal 'amount not less than $ -Improvement being not less than 20% of the cost thereof. Said assessments shall be payable in annual installments, to be spread upon the tax rolls of the Gity with other taxes of the City with interest on unpaid installments thereof from time to time at the rate of 5% per annum. such.assessment shall be at any time held invalid with respect to any lot or tract of land, due to any error, defect, or irregularity in any action or proceedings-taken or to be taken by the City or by this Council or by any of , the officers or employees of the City, either in the making of such assessment, or in the performance of any condition precedent thereto, the City hereby covenants and agrees that it will forthwith do all such further things and take all such further proceedings as shall be required by law to make such assessment a valid and binding lien upon said property. hereby pledged to the payment of the Bonds and the interest thereon. be+levied €or this purpose at this time since it is estimated that the col- lections of all special assessments appropriated to the Improvement Bond Reciemp- tion Fund and interest thereon, together with the cash on hand in the Fund, will be not less than 5% in excess of the amounts needed to pay.allprincipa1 and interest when due on all bonds payable from the Fund, including the Bonds herein authorized. Arbitrage. ~ f ing thereto have been discharged as provided in this section, all pledges, covenants and other rights granted by this resolution shall cease. The City . may discharge its obligations with respect to any Bonds and any coupons apper- taining thereto which are due on any date by depositing with the paying agerrt -on or before that date a sum sufficient for the payment thereof in full; or if any bond or coupon should not be paid when due, the same may nevertheless be dis- charged by depositing with the paying agent a sum sufficient for the payment thereof in full with interest accrued from the due date of such deposit. The Citymay also at any time discharge its obligations with respect to any Bonds, subject to the provisions of law now or hereafter authorizing and regulating-such action, by depositing irrevocably in escrow, with'a bank qualified by law as an escrow-agent for-this purpose, cash or securities which are general obligations of the United States or securities of United States agencies which are authorized If , the amount to be assessed for each such ' In the event that any . Y 4.04. The full faith, credit and taxing pqwers of the City are No tax will * Section 5. CeFtif ication of Proceedings, Defeasance and - 5.01. Defeasance. When all of the Bonds and all coupons appertain- .* -. t- -. - .- I .- . C' .- 11/7/77 115 / by law to be so deposited, bearing interest payable at such times and'at such' rates and maturing on such dates as shall, be required to pay all principal and Interest to become due thereon to maturity. ! 5.02. COUR~~ Auditor's Cerrificntes. The City Clerk is hereby Luthorized and directed to file with the County Auditor of IIennepin County, certified copies of, this resolution and to obtain from the County Auditor a certificate setting forth.the registration of the Bonds in his register. 5.03. Certification of Proceedings. The officers of the City and the County Auditor of Hennepin County are hereby authorized and directed to prepare . ' and furnish to the purchaser of the Bonds and to the attorneys approving the legality of the issuance thereof certified copies of. all, proceedings and records relating to the Bonds and to the financial affairs of the City, and such other affidavits, certificates and information as may be required to show the facts relating to the legality and marketability of the Bonds as the same appear from the bsoks and records under their custody and control or as otherwise known to them; and all such certified copies, certificates and affidavits, including any heretofore furnished, shall be deemed representations of the City as to the facts recited therein. 5.04. Arbitrage. The Mayor, City Manager and City Treasurer and Finance Director,.being the officers of the City charged with the responsibility for issuing the obligations pursuapt to this resolution, are authorized and directed to execute and deliver to the purchaser a certification in order to satisfy the provisions of Section 1.103-13 of the amended Income Tax Regulations (26 CFR Part I) published in the Federal Register, May 5, 1973. Such. certification shall state that on the basis of the facts, estimates and circumstances in existence-on the date of issue and delivery of the Bonds as therein set forth, it is not expected that the proceeds of the Bonds will be used in such a manner that would cause the Bonds to be arbitrage bonds, and the certification shall further state that to the best of the knowledge and belief of the certifying officers the- re are no other facts, estimates or circumstances that,would materially change such expectation. Motion for adoption of the foregoing resolution was duly seconded by Councilman Courtney, and upon vote being taken thereon, the following voted in favor thereof: - Ayes : Rollcall : Nays: None Resolution adopted. Courtney , Richards, Schmidt , Shaw, Van Valkenburg LOTS 7 AND 8, GRIFFIS SUBDIVISION OF BLOCK 18, MENDELSSOHN -4-PPEi4L DENIED. Affi- davits of Notice were presented by Clerk, approved as to form and ordered placed on file. Mr. Sand presented the appeal of Mr. Roy W. TomEins from a Board of Appeals and Adjustments Decision denying a variance request so that a house could be built on Lot 7, Griffis' Subdivision of Block 18, Mendelssohn Addition (525 Arthur Street). Mr. Sand explained that the variances requested would reduce the viidth from the required 75 feet to 50 feet and aecrease the required lot area from 9,000 to 7,250 square feet. neighborhood residents opposing the proposed variances because they believed that construction on this substandard lot would increase traffic, be detrimental to property values in the area, and eliminate trees that are a benefit in the neigh- borhood. Mr. John Keefe, representing Mr. Tomkins, contended that a house should 3e constructed on the lot inasmuch as it is already a platted lot and because, when he purchased the property, Mr. Tomkins had been led to believe by a member of the Planning staff that the subject property was a buildable lot. Mr. Sand reviewed the Findings of Fact prepared by the staff, following which Mr. Keefe contended that the Findings were a '!rationalization of a preconceived judgment on the part of the Appeals Board". He responded to the.Findings of Fact, stating that 1) there is already a variation in the size of the lots in the area; granting the variance would have no adverse effect on the health or well-being of residents in the area; increase traffic in the area; detrimental to surrounding property; removed. that a new garage would probably be built as soon as the present owner moved out of the existing house. issued three building permits to Mr. Tomkins for three ,other 50 foot lots. In response to a question of Mr. Robert Bonn, 6501 Waterman Ave., Mr. Erickson.sa5d that apparently the houses built on the other 50 foot lots'had slipped-through without a variance. -Mr. Dunn pointed out that the other lots were created by a lot division and that, therefore, no Variances were necessary. then moved that the appeal of the Board of Appeals and Adjustments decision be denied based on the. Findings, Decision and Reasons of the Board of Appeals. - Reference was made to a petition signed by 42 2) 3) the addition of one single'family dwelling would not : 4) construction of a house OR this lot would not be and 5) the trees on the lot would not be In response to a question of Councilwoman Schmidt, Mr. Keefe advised He emphasized that the Building Department has already' Councilman Courtney . Rollcall: Ayes : .Courtney, Schmidt , Shaw Nays: Richards, Van Valkenburg. 11/7/77 Motion carried. Mayor Van Valkenburg said that he had voted "nay" based on the fact that the builder had relied on representations that: he could build on the lot and also because he had been able to build on 50 foot lots in other instances. Council- man Richards said that he had voted "nay" because he had not heard a satisfact- . ory answer about the driveway and also for the reasons given by the Nayor. . .. .. . .- HEARING DATES SET FOR VARIOUS PWNNING IL4TTERS. Department, Councilman Courtney's motion setting hearing date for November 21, 1977, for the following Planning 1) Ryan Construction Company - R-1 Single Family Residence District to Planned Residential District PRD-3 for property located East of York Ave., West of Xerxes Ave., North of I?. 76th Street and South of W. 74th Street extended; 2) Dwight Williams Park (Edina Mills) - R-1 Residential District to HPD Heritage Preserva- tion District for property located at W. 50th Street and Browndale Ave.; 3) . Preliminary plat approval for Taft Addition; preliminary plat and zoning change from PRD-2 to R-1 and R-2 Residential Dist- r.icts for property located East of Gleason Road extended and North of I?. 78th Street; and 5) for azl amendment to the Senior Citizen Residence District Ordi- nance, with the understanding th9t notices be sent to Lanterns residents. . Ayes: Courtney, Richards, Schmidt, Shaw, Van'Valkenburg As recommended by the Planning matters was seconded by Councilwoman Schmid.t:- I 4) Braemar Hills 9th Addition Nays: None Motion carried. CAT CONTROL OBJECTION DISCUSSED. Council's attention was called to a letter signed by residents at three addresses in the 5900 block of Chowen'Ave., objecting to the fact that a number of cats in the area destroy their property and are a general nuisance. nance requiring all pet owners to leash their.'animals. Mrs. Mary Weimer, 5901 Chowen Ave. S., owner of be taken against her cats. No formal action was taken. The letter requested that Council adopt an ordi- two cats in the area, was told that a formal complaint would have to be filed with the Prosecuting Attorney before any action could -. COIERCLAL DISTRICT ZONING AMENDHENT HEARING DATE SET. Council's attention was called to a letter from Howard Dahlgren Associates requesting an early hearing on an ordinance amendment which would permit laundries in the C-1 Commercial District so that the Edina Cleaners and Launders Company could expand into the Westgate Theater Building. Councilman Shawls motion setting hearing date for December 5, 1977, with the understanding that,'%f the Planning Comission has not completed its deliberations, the hearing can be continued, was seconded by CouncLlwoman Schmidt. Ayes: Courtney, Schmidt, Shaw, Van Valkenburg Nays: Richards, who said that he was concerned that residents in the area might think that the rezoning was a foregone conclusion. - EMPLOYEES' RETIREHEAT POLICY CONTINUED INDEFINITELY. land, Councilman Courtney's motion that the employees' retirement policy be As reenmended by 24r. Rosr continued iadefinitely was secocded by Councilman Shaw. . Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Motion carried. GEORGE M. IMNSEN COMPANY TO DO 1977 AUDIT. As recommended by Mr. Rosland, Counciliaan Richards* motion George M. Hansen Company to audit the books of the City for the year 1977. was seconded by Councilman Shaw, approving the I Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Notion carried. -GORDON HUGHES APPOINTED EXECUTIVE DIRECTOR OF H.R.A. Mr. Rosland said for the record that he had appointed Mr. Gordon Hughes to replace Mr. Robert C. Dum as . Executive Director of the H.R.A.. No action was taken. CITY EMPLOYEES' CHRISTMAS PARTY DISCUSSED. Councilwoman Schmidt's motion was seconded by.Councilman Courtney that the possibility of the Council subsidizing the city emjloyees ' Christmas ' party be dropped because of legal implications. Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: 5ione Xotion carried. ELECTION DAY VOTE2 XEGISTRATION HEARING NOTED. The Clerk invited Council to attend a hearing on Election Day voter registration procedures which will be held in the judges will Council Room of the City Hall-on November 14. All City election -- be Lnvited also to attend. No formal action was taken. HEART'NG DA'I"ES SET FOR VAliIOUS PUBLIC IMPROVEMENTS. Councilman Richards off cred the following resolution and moved its adoption: As recornended by Mr, Dunn, -- WCSOLUTION PROVIDING FOR PUBLIC HEARING ON . VARIOUS PUBLIC IMPROV3BENTS 1. to the feasibility oE the proposed public improvements described Notice of Hearing improvements, said report is hereby approved and directed to be placed on file in the office of the City Clerk. 2. This Council shall meet on Nonday, November 21, 1977, at 7:OO p.m. in. the Edina City Hall, to consider in public hearing the views of all persons inter- ested in said improvements. 3. place and purpose of said meeting to be published in the official newspaper once a week for two successive weeks, the second of which publication is to be not less than three days from the date of said meeting, and to mail notice to aEl affected properties in substantially the following form: The City Engineer, having submitted to the Council a preliminary reports in the form of set forth below, and as to the estimated cost of such The Clerk 5s hereby authorized and directed to cause notice of the time, (Official Publication) CITY OF EDINA HENNEPIN COUKtY, MINNESOTA NOTICE OF PUBLIC HEtZRING SANITARY SEWER IMPROVEMENT NO. P-SS-346 WATERMAIN IMPROVEMENT NO. P-WM-330 STORM SEWER IMPROVEMENT NO. P-ST.S-158 PERMANENT STREET SURFACING WITH CONCRETE CURB AND GUTTER IMPROVEMENT NO. P-BA-23 1 EDINA CITY COUNCIL will meet at the Edina City Hall on Monday, November 21, 1977, at 7:OO P.M. to consider the following proposed improvements to be constructed mder the authority granted by Minnesota Stazutes, Chapter 429. cost of said improvements are estimated by the City as set forth below: ESTIMATED COST The approximate 1. SANITARY SENER IMPROVEMENT NO. P-SS-346 Malibu Drive in Interlachen Hills 3rd Addition Malibu Drive in Interlachen Hills 3rd Addition Easement lines between Lots 23 and 24 and Lots 26 and 27, Block 1, Interlachen Hills 3rd Addition $ 9,491.66 $14,204.85 $11,93 1'. 3 6 2, WATE'RMAIN IMPROVEMENT NO. P-IJM-33Q 3. STORM SEWER IMPROVEMENT NO. P-ST.S-158 4. PERELANENT STREET SURFACING WITH CONCRETE CURB AND . Malibu Drive in Interlachen Hills 3rd Addition The area proposed to be assessed for the cost of the proposed Sanitary sewer under 1 zbove (improvement No. P-SS-346), the Watermain under 2 above (Improve- ment No. WM-330), Storm Sewer Under 3 above (Improvement No. P-ST,S.-lS8) and Permanent Street Surfacing with Concrete Curb and Gutter under 4 above (Improve- ment No. P-BA-231 includes Lots 13 thru 27, Block I, Interlachen Hills 3rd Addition. Florence B. Hallberg, City Clerk Motion for adoption of the resolution was seconded by Councilwoman Schmidt. GUTTER IMPROVEMENT NO. P-BA-231 $34,956.39 , Rollcall : Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Resolution adopted. .Nays: None NOTICES OF CLAIMS NOTED. had been received by ihe City Clerk and had been filed with the insurance company and referred to the City Attorney: 1. Mr. & Mrs. Rolland J. Duff - 6908 Cornelia Dr. - Flood damage 2. Mrs. Jacqueline J. Bledsoe - 5801 Concord Ave. - Flood damage 3. Oscar Roberts Company - 7200 France Ave. S. - Flood damage 4. Mrs. Lois Schechter - 5216 Sandpiper Court - Golf cart accident at Braemir Council was advised that the following Notices of Claw No formal action was taken. FOUNTAINWOODS APARTNENTS SUIT RESUL-TS ANNOUNCED. attentiorz to Orders of the District CourJ granting the City's Motion for Sunmtary Judgment against Fountainwoods, explaining that this case a'f firmed the eiry's 8n5- int ordinances classificatfon as heing "exclusive" in nature, as well as ;affidg the action.of the City 'Council in being reasonable. Mr . Erickson called CouncEL's No formal action was TdCen. - RELEASE OF T.H. 100 TO CI1T BY MI-NNESOTA DEPARTMENT OF TRANSPORTATIOFii QUESTLONIB. Mr.. Rosland zdvised CounciJ. 01: receipt of "Notice of Release of Trunk Highway" ta> the City of Edina, which release will be effective as of November 1, 1977, 2k. 11/7/77 Ler-iis Opperman, 5713 Nelody Lane, objected that this is the same "brushoff" that residents in the area have been receiving and advised that nothing has been done to correct the deterioration of the lake which was caused by the improvement of the highway. Councilinan Courtney's motion was seconded by Councilwmnn Schmidt that the Department of Transportation be advised that the City will not accept the turnback of the hlghway until the Melody Lake. problem has been settled. Ayes : Nays: None Motion carried. .Courtney, Richards , Schmidt, Shaw, Van Valkenburg FARATRANSIT SERVICE DISCUSSED. tiraft for a demonstration grant for paratransit services which would focus on the Council's attention was called to a preliminary Southdale area. presently assisting the City in preparing the propcised system and that the concept proposed to demonstrate 1) route deviation operation; system as cost effective means to resolve local transportation problems by.reducing air pollution, reducing traffic congestion during peak travel periods and avoid5ng expenditures otherwise required torincrease road capacity to handle peak travel-' demands; 3) Implementation of transportation policy of Netropolitan Council, focusing on improved service. Mr. Erickson pointed out that one of the duties of the Planning Comission is to Mr. Hoffman advised that the Netropolitan Transit Commission is 2) Subregional transit In response to a question of Mrs. Helen McClelland, inake recommendations as to the Comprehensive Municipal Plan, include a transportation plan. Councilman Shaw said that he any action which would interfere with private enterprise and be continued until the Yellow Cab transportation proposal is seconded by Councilman Courtney. Ayes: Courtney, Richards, Schmidt, Shaw,. Van Valkenburg. Nays: Nolle ' Motion carried. which would also would kot want to take moved that the matter- settled. Motion was WLOPEE HOSPITALIZATION COSTS DISCUSSEil. Nr. Rosland called Council's attention to t&e increased cost of employee hospitalization and advised that in the past dispai-Tries have existed because of different contract negotiations with the vari- ous unions. ks recommended by Mr. Rosland, Councilman Courtney's motion increas- 5ng to $70 the City's contribution for non-union personnel so as to be consistent with union personnel was seconded by Councilwoman Schmidt. Rollcall :. Ayes: Courtney, .Richards, Schmidt, Shm, Van Valkenburg Nays: None 'Eiotion carried. It was noted that the $70 payment includes the cost of life, as well as health - insurance. UNITED WAY C-WAIGN REPORT was made by Mr. Bernhardson. No action was taken. EDINA POUNQATIOK MEllBEBS APPOINTMENTS CONFIRMED. Valkenburg, Councilman Courtney's motion was seconded by Councilman Shaw and,car- As recommended by Mayor Van ried,. confirming the appointment of the following to the Edina Foundation: _. Messrs. Lloyd Cherne, Robert Crabb, Henry Rutledge, Alfred Wehr, Kermit Wilson, Jack Brown from the School Board and Mzyor Van Valkenburg from the Council. Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None -Motion carried. SENATE FILE NO. 459.AMENDMENT ENDORSED BY COUNCIL. woman'Schmidt, Councilman Courtney offered the following resolution and moved As recommended by CounCil- -. - its adoption: 1( - -.- - .T. A RESOLUTION IN SUPPORT OF A_FIE"T TO SEEATE FILE NO. 459 1978 NIhWESOTA LEGISLATURE WHEREAS, the City Council of the City of Edina is the official governing body of the City of Edina; and WHEREAS', the City Council fully supports prior legislation, including the Cow munity Health Services Act, which provides for the establishment and funding of municipa1,boards of health and health departments and the delivery of community health sertices ; and WHEREAS, the City of Edina Aavisory Board-of Health has enthusiastically endorsed the Community Health Services Act because the law has been effective in (1) facilitating full community participation in the planning and development of .Iocd health services, (2) impleinenting sound environmental and preventative health techniques, (3) improving the over-all quality of community health services, ad (Ls) achieving the consolidation of public health authority at the local level. . while promoting the organization of multi-county boards of health; and hXEREAS, the City Council firmly believes that the City of Edina's Environmental Iiealth Services, should coiitinue to provide a full range of community health services including food service inspection; housing maintenance; community sanitation; environmental poI,lution control; home-care services ; adult health services; children's health se.rvices; information and education; school support servj-ces; health promotion and counseling for indi'viduals, ~Eamilies, and groups; nutritional scrvices; disease prevention and control services; and emergency medical services tb..the residents oT Edina; and WHEREAS, the City Council is aware of the highly competent and professional manner in which the City of Bloomington's Division of Public Health Services, and Edina's Environmental Health Services have performed these community health services ; and WHEREAS, the City Council has reviewed that certain law proposed to the Legisla- ture during the 19J7 legislative session, filed as'Senate File No. 459; and WHEREAS, the City Council is cognizant of the fact that the adoption of Senate File No. 459 as presently drafted would repeal the Community Health Services Act and other existing laws granting the City of Edina authority for the planning, funding, and provision of community health services; and WHEREAS, the City Council is further aware that Senate File No. 459 would transfer the authority for the planning, funding, and provision of community health services to the Hennepin County Board of Commissioners, thereby seriously jeopardizing the viability of the City's Department of Environmental Services and delivery of Personal Public Health Services; and WHEREAS, the City Council endorses the provisions of Senate File No. 459 relatzng to the planning, health services; REGULAR MEETING ASSENELED, that the City Council hereby urges the Minnesota Legislature to amend Senate File No. 459 by deleting all references to community health services; and BE IT FURTHER RESOLVED that the City Clerk of the City of Edina is hereby directed to provide a copy of this resolution to all appropriate legislators and . to the Hennepin County Board of Commissioners. contracted- Nursing Services , and Emergency Medfcal Services . 'financing and delivery of social services other than community NOW, THEREFORE, BE IT RESOLVED BY THE' CITY COUNCIL OF THE CITY OF EDIMA IN -Motion for adoption of the resolution was seconded by Councilwoman Schmidt.. Rollcall : Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Resolution adopted. County Commissioner Richard Xremer said that he believes that House File 1 needs more study and that he will send his staff's latest analysis to Councilwoman Schmidt. VEHICLE BIDS AUTHORIZED TO BE TAKEN. Mr. Rosland requested permission to take bids for various vehicles, advising that he believes that it is more pertinant to take bids individually than to take bids with the County. will check with the County to make sure that we are getting the best bids. Councilman Shzw's motion authorizing the City to take bids for vehicles indivi- dually was seconded by Councilman Richards. He added that he Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg. Nays: None Motion carried. .* DOG,COMPLAINTS DISCUSSED. Councilman Courtney referred to numerous calls that he had received relative to dogs running and catzsing damage and being a general nusuiance in his area. He was advised that the Animal Control Officer responds to these calls and that he should tell residents to call the Animal Control Officer with their complaints. No formal action was taken. CONTAMINATION OF WELL WATER DISCUSSED. article in the paper had alleged that Edina's wells were polluted. was advised that Mr. Hyde had spoken to the State authorities and that they are following the problem closely. November 15, 1977, and keep Council advised. SCRIVER ROAD PETITIOHS POR IMPROVEMENTS RECEIVED. to petitions received for sanitary &ewer, graveling, .and permanent street sur- facing and curb to be installed in Scriver Road extension. motion referring the petitions to the Engineering Department for processing was seconded by Councilman Courtney. Mayor Van Valkenburg recalled that an Council He will attend a meeting on the subject on No action was taken, Council's attention was*called Councilman Shaw's Ayes: Courtney, Richards; Schmidt, Shaw, Van Valkenburg Nays: None Motion carried. 11/7/77 20 AD HOC AMBULANCE ORDINAWE COIGiITTEE REPORT GIVEN. that he hod attended a meeting of the Ad Hoc Ambulance Ordinance Committee with receiving financial assistance Eor the rest of this year and that a decision for next year will be made at a later time. to make any commitments at this time. No action was taken. Mayor Van Valkenburg advised *Mr. Bernhardson and Chief Buresh. He reported that Smith Ambulance will be The Pfayor said that Edina had declined AVIATIPN CHAPTER OF METROPOLITAN DEVELOPMENT GUIDE MEETINGS ANNOUNCED. land advised Council that the Aviation Chapter of the Metropolitan Development lir . Ros- Guide will conduct public hearings on November 29 and December 30, 1977 at 7:30 in the Richfield West Junior High School. No formal action was taken. 1 LIQUOR STORE BIDS AWARDED. for general construction work for the 50th street liquor store. C. F. Haglin & Sons low bidder at $111,050, C. 0. Field Nordling Construction Co., $117,448.00; David Volkmann Construction, Inc., $126,785.00; and Kloster Madison at $128,800.00. for the liquor store showed Country Cabinets 6; Millwork at $35,OOi).OO and R. C- Smith Company at $37,790.50. Coudcilman Shaw's motion for award to recommended low bidder in both cases was seconded by Councilman Courtney. Mr. Rosland presented tabulation of bids received Tabulation showed .Company at $112,555.00- Bids for furnishings (millwork) Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Motion carried. .I. STREET NAME SIGN BID AT?ARDED. received for extruded aluminum street name signs showing Fosco Fabricators low bidder at $14,300.00, Lyle Signs, Inc. , at $17,221.00, Tucker Co., $17,910.00, Hall Signs, Inc., $22,365.92 and Gopher Sign Co. at $22,795.00. CQuncilwoman Schmidt's motion was seconded by Councilman Richards for award to recommended low bidder, Lyle Signs, at $14,300.00. h-- Mr. Rosland presented tabulation of five bids L, /Iumrccr, 7 3//617$ &* Ayes: Nays: None Motion carried, Courtney, Richards, Schmidt , Shaw', Van Valkenburg BIDS ArJARDED FOR CUTTING EDGES. 50 3/4" x 8" x 7' double bevel curved.hardened blades showing Borchert-Ingerqol, Inc., low bidder at $2,650.00, with Ziegler, Inc., bidding $3,031.00. for 30 sections €or u-ilderbody blade inserts for snowplows showed Russ Johnson Company low bidder at $3,819.00, Road Machinery & Supplies at $4,497.00 and Itasca Equipment at $5,003.65. Tabulation for 30 3/5" x 6" x 132" cutting edges for Falls plows showed Borchert-Ingersol, Inc., low bidder at $1,350.00, Little Falls Machine, Inc,, at $1,519.50 and Ziegler, Inc., at $1,840.50. motion for- award.to low recommended low bidder in all cases was seconded by Councilman Richards. Mr. Rosland presented tabulation of two bids for Tabulation Councilwoinan Schmidt's Ayes: Courtney, .Richards, Schmidt, Shaw, Van Valkenburg Nays: None Xotion carried. .. I- I I BID Gi?A€??ED FOR CONSTRUCTION OF STOBN SEfJER REPAIRS AN% EFXOSION CONTROL STRUCTURES. for IlI?JhrEHAEA CREEK. Mr. Rosland presented tabulation of bids for emergency repair of storm sewer and erosion control structures for Minnehaha Creek at 55tB and Zenith, advising that this repair was'necessitated by the August 30, Z977, storm. Tabulation showed Q.R.S. Construction at $12,600.00, with G. L. Contracting at $13,739.00. Councilwoman Schmidt's motion for award to Q. R. S. Construction, recommended low bidder, was seconded by Councilman Shaw. Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg. Motion carried. - Nays: None I 5712 WYCLIFFE Rob STORM SEVER REFERRED TO ENGINEERING DEPARTMENT. Council's attention'was called to a letter from Mr. and Mrs. Dean Johnson, 5712 Wycliffe Road, requesting construction of a storm sewer for their property. Councilman Courtney's motion referring the petition to the Engineering DFpartment for process- - ing was seconded by Councilman Shaw. Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Motion carried. . Mr; Dunn said that this is a matter that could well be settled between neighbors and he hoped that they could get together. ORDINANCE NO, 761 GRANTED FIRST READING. Mr. Rosland advi-sed Council that, through a "recently signed\agreement between the Minnesota Department of Health ana the City of ' establishmentk. Edina, the City now has authority Following discussion,' Councilman to license and inspect lodghg Shaw offered the folloy+e. .- : ~ *- 11/7/77 ordinance for First Reading: ORDINANCE NO. 761 AN ORDINANCE PROVIDING FOR THE LICENSING AND INSPECTION OF HOTELS, LODGING AND BOARDING HOUSES, AND PRir<SCRIBING A PENALTY THE CITY COUNCIL OF THE CITY OF EDTNA ORDAINS: ' Section I. Deffnitions. Whenever used in this ordinance, the definitions for hotel, lodging house, and boarding house shall be as given in Minnesota Statutes 157.01, as amended. "Board" -as used in Minnesota Health Department Regulations MID 151 and 152, adopted by reference shall mean the City of Edina. Sec. 2. License Required. 'No person shall operate or engage in the business of operating a hotel, lodging house, or boarding house within'the City of Edina unless a license has been obtained from the City of Edina. houses and boarding houses shall be as follows: Sec. 3. Required License Fee. The annual license fee for hotels, lodging (1) Hotels, one (1) to fifty (50) rooms $100.00 For each additional room over fifty 1.00 (2) Lodging and Boarding Houses, per location 50.00 If a boarding house is required to have a food establishment license, the boarding house license fee shall be one half of the required fee under this section. Sec. 4. Regulations. There is hereby adopted and incorporated by refer- ence Minnesota State Board of Health, Chapter 9: MHD 151-160 Requirements for Lodging Establishments, at least one copy of which shall be marked as "Official Copy" and filed for use and examination by the public in the office of the City Clerk. Sec. 5. License Procedure or Control: Penalties. The provisions of Ordinance No. 141 of the City, including the penalty provisions thereof, shall apply to all licenses required,-by this ordinance and to the holders of such licenses. , See. 6. and publication. This ordinance shall be in full force and effect upon its passage -'BIDS TO BE TAE;EN FOR VARIOUS IMPROVEMENTS. As recommended by Mr. Dunn, Cohcil- woman Schmidt offered the following resolution and moved its adoption: RESOL.UTION APPROVING PLANS AND SPECIFICATIONS FOR PROPOSED IMPROVEMENTS AN3 DIRECTING ADVERTISEMENT FOR-BIDS FOR SANITARY SEWR IMPROVEMENT NO. SS-346 WATEWAIN IMPROVEMENT NO. WM-330 STORM SEWER IMPROVEMENT NO. ST.S-158 STREET IMPROVEMENT NO. BA-231 BE IT RESOLVED BY THE CITY COUNCIL, CITY OF EDINA, MINNESOTA: 1, The plans and specifications for the proposed improvements set forth in the following Advertisement for Bids form, heretofore prepared by the City Engineer and now on file in the office of the City Clerk are hereby approved. 2. letin the following notice for bids for improvements: The Clerk shall cause to be published in the Edina Sun and Construction Bul- (Official Publication) CITY OF EDINA HENNEPIN COUNTY, MINNESOTA ADVERTISEMENT FOR BIDS SANITARY SEWER IMPROVENENT NO. SS-346 .. WATERMAIN IMPROVEMENT NO. WM-330 STORM SEWER IMPROVEMENT NO. ST.S-158 STREET IMPROVEPlENT NO. BA-23 1 BIDS CLOSE NOVEMBER 18, 1977 CONTRACT NO. 77-11 (ENG) SEALED BIDS will be received and opened in the Council Chambers in Edina City Hall, 4801 W. 50th Street, at 11:OO a.m., Friday, November 18, 1977, and Edina City Council will meet at 7:OO p.m., Monday, November 21, 1977, to consider said bids for the construction of .Sanitary Sewer, Watermain, Storm Sewer, Grading and Graveling. IMPROVEMENT NUMBERS SS-346, WM-330, ST.S-158 and BA-231 The following are approximate quantities of major items: 381 L/F, 12, 15 and 18" R.C.P 144 L/F, -8" Sewer Pipe 150 L/F, 1%" Copper 1 20 Each, Curb Boxes I 2450 Tons, Gravel, C1. 5 (100% crushed) 4 Each, Type "B" Catch Basins 730 L/F, Sewer House Services Bids shall be in a sealed envelope with a statement thereon showing the work covered by the bid. Bids should he addressed to the City Engineer, City of* Edina 11/7/77 4801 1J. personally to the City Engineer. through the mail or by personal submission, ofter the time set for receiving them may be recurned unopened. Work must be done as described in plans and spcciEica- tions on file in the office of the City Clerk. able for a deposit of $25,00 (by check). Said deposit to be returnfd upon return of the plans and specifications with a bona fide bid. No bids will be considered unless sealed and accompanied by cash deposit, bid bond or certified check payable to the City Clerk in the amount of at least ten (10) percent of amount of base bid. BY ORDER OF THE EDINA CITY COUNCIL. 50th Street, Edinn, Minnesota, 55424, and. may be mailed or subniitted 4 Bids received by thc City Engineer, either ? Plans and specifications are avail- The City Council reserves the right to reject any or all bids. Florence B . Hallberg City Clerk Mgtion for adoption of the resolution was seconded by Councilman Shaw. Rollcall : Ayes : Resolution adopted. Courtney, Richards, Schmidt , Shaw, Van Valkenburg = Nays: None LiQUOR REPORT as of Saptember 30, 1977, was presented by Mr. Dalen, reviewed and ordered placed on file, by motion of Councilwoman Schmidt, seconded by Councilman shaw. Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Motion carried. CUIMS PAID. for payment of the following claims per Pre-List: Poor Fmd, $18,795.35; Park Fund, $9,532.75; Art Center, $2,959.41; Park Constructicn $10,398,89; Park Sinking, $225,513.50; Swimming Pool, $906.20; Golf Course, $57,205.34; Arena, $5,890.69; Gun Range, $1,030.54; Water Works, $59,101,19; Sewer Fund, $10,687.04; Liquor Store, $186,681.76; Construction, $73,562.23; IBR, $1,291,412.94; Total, $2,427,042.42 Motion of. Councilman Richards was seconded by Councilwonan Schmidt General Fund, $463,364.59; . Council's agenda having been covered, Councilman Richards' motion €or adjourr,men'r was seconded by Councilman Shaw. Adjournment at 9:30 p.m. -* City Clerk 3A- d, iLLUL4