HomeMy WebLinkAbout19781106_regular290
MINUTES
OF THE REGULAR MEETING OF THE
EDINA CITY COUNCIL IXLD AT CITY HALL
NOVEMBER 6, 1978
Answering -.rollcall were members Courtney, Richards , Schmidt , Shaw and Mayor Van
Valkenbur g .
MINUTES of September 5, 11, 18 and October 2, 1978 and Special Budget Meetings
man Courtney.
Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg
Kays: None
Motion carried. I - were approved as submitted by motlon of Councilwoman Schmidt, seconded by Councif-
YOUTH APPRECIATION WEEK PROCLAMATION ADOPTED.
lowing proclamation :
WHEECEAS, the vast majority of the youth are concerned, knowledgeable and respon-
sible citizens; and
WHEREAS, the accomplishments and achievements of these young citizens deserve
recognition and praise of their elders; and -
WHEREAS, Optimist International has since 1954 developed and promoted a program
entitled "Youth Appreciation Week"; and
WHEREAS, the citizens of the City of Edina have indicated a desire to join with the
Optimists in expressing appreciation and approval of the contributions of the
youth, I, James Van Valkenburg, Mayor of the City of Edina, therefore proclaim -
the second week of Novenber as Youth Appreciation Week in Edina, Minnesota.
this action let "rt be known that we have faith in the ability of today's youth 8s
they assume responsible roles in the future of mankind.
SALE OF $1,750,000 TDPORARY Il&ROVEMENT BONDS AND $370,000 RECREATION CENTER BONDS,
ofr'icial newspaper and in the Commercial West of the Notice of Sale of $lc,750,0O0
Temporary Improvement Bonds, Series 1978 and $370,000 Recreation Bonds , Series D
of the City (the bonds), bids for Ghich were to be considered at this meeting as
provided by the Council resolution adopted October 2, 1978. The affidavits were
examined snd approved and ordered placed on file.
before the time stated in the notice and the bids were then opened and publicl.zJ,
read and konsidered, 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
~terest cost under the terms of each bid were found to be as follows:
Mayor Van Valkenburg issued 'the fol-
YOUTH APPRECIATION WEEK PROCLAMATION
By
- - SERIES D, APPROVED. The Clerk presented affidavits showing publication in the .
The Clerk reported that five
. sealed bids for the purchase of the Bonds had been received at her office at or
Net Interest
Bidder . Premium cost
Yaine, Webber, Jackson & Curtis, Inc. 28.01 5.2834
First National Bank of Minneapolis None 5.35482
First National Bank of Chicago 863.91 5.386687
Morthwes€ern National Bank of Minneapolis None 5.423
John Nuveen & Company, Inc. None 5.4244'
After consideration of the foregoing bids, Councilman Shaw introduced the follow-
ing resolution and moved its adoption:
RESOLUTION RELATING TO $1,750,000 TEMPORARY IMPROVEMENT BONDS ,
SERIES 1978 AND $370,000 RECREATION BONDS
SERIES D; AWARDING. THE SALE THEREOF AND APPRQVLNG
THE OFFICIAL STATEMENT THEREFOR
BE IT RESOLVED by the City Council of the City of Edina, Minnesota, as follows:
1.
1978, the issuance and sale of $1,750,000 Temporary Improvement Bonds, Series 1978,
and $370,000 Recreation Bonds, Series D (the Bonds). The Notice of Sale of the
Bcnds has been duly published and the Council has publicly received, opened and
considered all sealed bids presented in conformity with the Notice.
favorable-of such bids, which is hereby accepted, is ascertained to be that of
. Paine, Webber, Jackson & Curtis, Inc., of Minneapolis and associates, to purchase
the Bonds at a price of their principal amount and accrued interest to the date of
delivery, plus a premium of $28.01, the Bonds bearing interest at the following
rates Der annum. from date of issue until paid:
The City has authorized by a resolution of the City'Council adopted October 2, I- The most
$1,750,000 TEMPORARY IMPROVEMENT BONDS, SERIES 1978
Maturity Tears Amount Interest Rate
1981 $1,750,, 000 5 -30
$3?0,000 REtREA'L'ION BONDS, SERIES D
Maturity Years Amount Interest Rate
1980 $60,000 5.50
1982 60,000 5.30
1982 60,000 -5.20
19 83 60,000 ' 5.20
1984 60,000 5.20
1985 70 , 000 5.20
The net interest cost (total interest from November 1, 1.978, to the stated
znaturity dates, less the excess of the purchase price over $2,120,000) is $366,642.00,
and the average net interest rate is 5.2834% per annum.
2.
duplicate a contract for the sale of the Bonds by the City in accordance with said.
bid and to deliver a duplicate to the purchaser. 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 to return the checks securing other bids
to the respective bidders.
3. The Official Statement, dated November 6, 1978, relating to the Bonds is hereby
approved, and the Finance Director is author-ized to certify to its correctness
and completeness as provided in the Official Statement.
The Mayor and City Clerk are hereby authorized and directed to execute in
ATTEST :
Mayor
City Clerk
Motion for adoption of the foregoing resolution was duly seconded by Councilman
Courtney.
Rollcall:
Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg
. Nays: None
Resolution adopted.
After some discussion, Councilman Shaw introduced the following resolution and
moved its adoption:
RESOLUTION RELATING TO $1,750,000 TEMPORARY IMPROVEMENT BONDS,
SERIES 1978, FIXING THE FORM AND DETAILS, PROVIDING FOR THE
EXECUTION AND DELIVERY THEREOF AND THE SECURITY THEREFOR
BE IT PaSOLVED by the City Council of the City of Edina, finnesota, as follows:
Section 1. Recitals.
i.01. Authorization. This Council has investigated the facts necessary to
ascertain and does hereby find, determine and declare that the City of Edina did
heretofore duly order the construction of local improvements, which are designated
as Street Improvement No. BA-231, Street Improvement No. BA-224, Street Improvement .
BA-20&AY Street Improvement No. BA-230, Storm Sewer Improvement No. ST.S-155,
Storm Sewer Improvcment No. ST.S-145AY Watermain Improvement No. WM-329 and Sani-
tary Sewer Improvement No. SS-344, (the improvements), and did thereafter approve
plans and specifications for the construction of the Improvements; that after
public advertisement for bids, as required by law, contracts for the construction
of the Improvements have been duly awarded; that the total cost to the City of the
Improvements is estimated to be approximately equal to and not less than
$1,750,000, that the total benefits resulting from the Improvements to the assess-
able lots, pieces and parcels of land affected thereby and to the City at large
will be substantially in excess of the total cost of the Improvements; that in
order to pay the cost of constructing the Improvements, it is necessary that the
sum of $i,750,000 be borrowed at this time by the issuance of temporary improve-
ment bonds (the "Bonds") of the City in accordance with the provisions of Chapter ,
429, Minnesota Statutes, as hereinafter provided; and that all acts, conditions and
things required by the Constitution and laws of the Stats of Minnesota to be done,
to exist, to happen and to be performed preliminary to the isstmce and sale of
the Bonds to provide moneys to pay for the I-sprovements have been done, do exist,
'have happened and have Leen performed in due form, tine and manner as so required.
1.02. Sale- This Council has, by resolution adopted this date, awarded
the sale of the Bonds to Paine, Webber, Jackson & Curtis, Inc., of Minneapolis,
MN, on the terms and conditions set. forth in this resoluZi.on. The net interest
cost (totd inter2st front Novexher 1, 1978, to the stated maturity dates, less the
excess of the purchase price over $2,12C ,000) is $366,642 .OO, and the average 'ne%
interest rate is 5.2334% per annum.
.in duplicate a contract for the sale of the Bonds by the City in accordance
with said hid and to deliver a duplicate to the purchaser.
ected 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.
2. The Mzyor and City .Clerk are hereby authorized and. directed to execute
The City Clerk is dir-
3. The Official Statement, dated ,Jovember 6, 1978, relating to the Bonds,
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292 .
..
is hereby approved, and the Finance Director is authorized to certify-to its correct-
ness and completeness as provided in the Official Statement.
ATTEST :
Mayor
City Clerk -
Motion for adoption of the foregoing resolution was duly seconded by Councilman
Courthey.
*
Rollcall: (i
Ayes: Courtney, Richards, Schmidt , Shaw, Van Valkenburg
Nays: None
Resolution adopted.
Section 2.
2.01. Form of Bonds.
Form of Bond and Coupons.
The Bonds shall be prepared in substantially the follow-
ing form:
UNITED STATE OF AMERICA
STATE OF MINNESOTA
COUNTY OF HENNEPIN
CITY OF EDINA
SERIES 1978
’- TEMPORARY IMPROVEMENT BOND
NO. $5,000
KNOW ALL MEN BY THESE PRESENTS that the City of Edina, Hennepin County, Minnesota,
(the City), acknowledges itself to be indebted, and for value received hereby pro-
mises to pay to bearer, upon presentation and surrender hereof, the principal sum
of
FIVE THOUSAND DOLLARS
on November 1, 1981, without option of prior payment, and to pay interest thereon
fromthe date hereof until said principal sum is paid, at the rate of
( %) per annum. Interest thereon is payable semiannually-on May 1 and November 1 in
render of the interest coupons hereto appurtenant.
payable at the , in , Y.
or its successor as paying agent, in any ,coin or currency of the United State of
America which on the respective dates of payment is legal. tender for public and. -. . -
private debts.
This Bond is one of an issue in the aggregate principal amount of $1,750,000 (the .
Bonds), all of like date and tenor except as to serial number, issued to finance the
construction of local improvements in the City (the Improvements), and is issued
pursuant to and in full conformity with the provisions of the Constitution and
laws of the State of Minnesota thereunto enabling, including Ninnesota Statutes,
Chapter 429 and 475.
Fund .(the Fund) of the City, but the City Council is required by law to pay maturing’
principal hereof and interest hereon out of any funds in the treasury if moneys on
hand in the Fund are insufficient therefor.
IT IS HEREBY CERTIFIED, RECITED, CONVENANTED AND AGREED that all acts, conditions
.and things required by the Constitution and laws of the State of Minnesota to be
done, to eest, to happen and to be performed precedent to and in the issusnce of
‘this Bond-in-order to make it a valid and binding obligation of the City according
to its terms, have been done, do exist, have happened and have been performed as so
required; that any amount of the principal of or interest on this Bond which cannot
be paid at maturity out of any other municipal funds which are properly available
and appropriated for such purpose, .shall be paid from the proceeds of definitive
improvement bonds which the City Council shall, and is required by law to, sell and
issue prior to the date of maturity of this Bond to provide any additional moneys
needed for this purpose; that if definitive improvement bonds have not been sold and
delivered prior to the maturity of the Bonds, the holders thereof shall have the
right to require’the .issuance of .either new temporary bonds or definitive bonds in
exchange for the Bonds,ya$.par-for par basis, bearing interest at the maximum rate
provide? by law; -that Khe.City Council is required by law to pay the prihcipal of.
and interest on any definitive improvement bonds issued for the purpose of refunding
the Bonds or to complete payment qf the cost of .the:improvement, out of any fund of-
the City if the amount credited to the fund specified for the purpose is insuf- .
ficient, and to levy each yar a sufficient amount to take care of any accumulated .
or anticipated deficiency, which levy .is not subject to any constitutional or
statutory tax limitation; and that the issuance of this Bond did not cause the
indebtedness of the City to exceed any constiutional or statutory limitation.
IN WITDJESS WHEREOF the City of Edina, Hennepin County, State of Minnesota, by its
City Council, has caused this Bond and the interest coupons appurtenant hereto and
the certificate on the reverse side hereof to be executed and authenticated by the
signatures of the Mayor and the City Manager and the official seal of the City
-* . each year, commencing May 1, 1979, in accordance with and upon presentation and sur-
Bqth prinicpal and interest are
..
This Bond is payable primarily from the 1978 Improvement Bond
.
affixed hereto, all such signatures and the seal being authentic printed, engraved
or lithographed facsimiles except for the manual signature of.one of sach officers
on the face of the Bond, and has caused this Bond to be dated as of November 1,
1978.
ATTEST :
City Manager * (Facsimile Signature)
Mayor
(FACS IMILE SIGNATURE)
Interest on each Bond to maturity shall be repres- 2.02. Form of Coupons.
ented by a consecutively numbered set of interest coupons printed in substantially
the following form:
No. $ On May (November) 1, 19-the City of Edina, Hennepin County, Minnesota,
will pay to bearer at the in Y Y
the sum shown hereon in coin or currency of the United States of America,which at
the time of payment is legal tender for payment of public and private debts, for
interest then due on its Temporary Improvement Bond, Series 1978, dated November .
1, 1978, No.
(Facsinile signature) (Facsimile signature)
City Manager Mayor OQ I\ F a
2.03. Form of Certificate. A certificate in substantially the following form
&all 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 Counsel.on the issue of Bonds of the City of Edina, Minnesota,
which includes‘.the within Bond, dated as of the date of delivery of and payment
for the Bonds. .
e a
(Facsimile Signature)
City Manager .
(Facsimile Signature)
Mayor . .
Section 3 .- Bond-Terms , Execution and Delivery.
3.01. Date, Amount, Denomination and Maturity. The City shall forthwith issue
and deliver the Bonds, which shall be negotiable coupon bonds, denominated Temp-
orary Improvement Bonds, Series 1978, payable primarily from the 1978 Improvement
Bond Fund created in Section 4.02 hereof. The Bonds shall be dated as of November
1, 1978, shall be 350 in number and numbered serially from 1 to 350 inclusive,
each in the denomination of $5,000.
and shall bear interest from their date until paid at the rate of
annum.
semiannually thereafter on November 1 and May 1 of each year.
The Bonds shall mature on November 1, 1981,
% per
3.02. Interest. Interest on the Bonds shall be payable on May I, 1979, and
- ‘ 3.03. Paying Agent. The purchaser of’ the Bonds has designated the , in Y , as paying agent. That
-recommendation is hereby approved.
charges of said paying agent for the receipt and disbursement of principal and
interest moneys.
the principal office of the paying agent designated herein, 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 approved by this Council. Upon merger
or consolidation of the paying agent with another corporation, 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 successor paying agent.
tiontsof the paying agent and no appointment of a successor paying agent shall
become effective until the date specified in a notice of the resignation and
periodical published in a Minnesota city of the first class or its metropolitan
area which circulates throughout the state and furnishes financial news as a part
of its service, not less than thirty days before said.effective date.
3.04. Preparation’ and Delivery. The Bonds shall be prepared under the dir-
ection of the City Clerk and the Treasurer and Finance Director and s’hall be
executed on behalf of the C’ity by the signature of the Mayor and the City Manager
and shall be sealed with the official corporate seal of the City, provided that
one of said signatures and the corporate seal may be printed, engraved, or litho-
graphed facsimiles thereof. On the reverse side of each Bond shall be printed a.-- ?.’. .: , . \*‘. .’. . . copy of the legal opinion rendered thereon by Bond Counsel and the certificate ~d?-+-~&
the Mayor and City Manager. The certificate as to legal opinion and interest
coupons attached to the Bonds shall be executed and authenticated by the printed,
engraved or lithographed facsimile signatures of the Mayor and City Manager. When
the’ Bonds have been so executed and authenticated, they shall be delivered by
th& City ‘rreasurcr to the purchaser thereof upon payment of the purchase price in
chaser shall not be obliged to see to rhc! application of the purchase price.
The City will pay the usual and customary
The principal of and interest on the Bonds shall be payable at .
No resigna-
appointment which the Council shall cause to be published in a daily or weekly *-
I
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-accordance with the contract of sale hcretoforc made and executed, and said pur-
11/6/78
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Section 4. Security Provisions.
4.01. 1978 Improvement Construction Fund. There is hereby created a
special fund to be designated as the "1978 Improvement Construction Fund) (the Con-
struction Furid), to he held and administered by the City Clerk and the Treasurer and
Finance Director separate and apart from all other funds of the City.
appropriates to the Construction 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 1.01 hereof), all collections of special assessments levied
for the Improvements until completion and payment of all costs of the Improvements.
The Construpion Fund shall be used solely to defray expenses of the Improvements,
including bout not limited to the transfer to the 1978 Improvement Bond Fund, created
pursuant to Section 4.02 hereof, of amounts sufficient for the payment of interest
and principal; if any, due upon the Bonds prior to the completion and payment of
all costs of the Improvement. A separate account shall be maintained in this fund
to record expenditures for each Improvement, and when the total cost thereof has
been paid all subsequent collections of special assessments levied for that Improve-
ment shall be credited and paid into the 1978 Improvement Bond Fund. Upon comple-
tion and payment of all costs of the Improvements, any balance of the proceeds of
Bonds remaining in the Construction Fund may be used to pay the cost, in whole or
in part, of any other improvements 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 1978 Improvement Bond Fund.
standing and any principal of or interest thereon unpaid, the City Clerk and the
Treasurer ad Finance Director shall maintain a separate and special 1978 Improve-
ment Bond Fund (the Bond Fund) to be used for no purpose other than the payment of
the principal of and interest on the Bonds and on such other bonds of the City as
have been or may be directed to be paid therefrom. The City Crrevocably appropri-
ates to the Bond Fund (a) the proceeds of the definitive improvement bonds, issued
for the purpose of redeeming the Bonds as proyided in Section 4.03, and (b) all
such other moneys as shall be received and appropriated to the Bond Fund from time
to time.
vide for the issuance, sale and delivery, not later than November I, 1981, of
definitive improvement bonds, payable from the Bond Fund, for the purpose of pro-
viding funds to pay and redeem all temporary improvement bonds payable from the '
Bond Fund which become due and payable on said date, so far as the same cannot be
paid out of moneys then on hand in the Bond Fund. Under provisions of Minnesata
Statutes, Section 429.091, subdivision 3, the holders of the Bonds and the taxpayers
of the City shall have the right
bonds for sale, or, in the event that definitive improvement bonds have not been
issued and sold at the time so required, to require the issuance of either nev
temporary bonds or definitive improvement bonds in exchange for the Bonds, on a
par for par basis, bearing interest at the maximum rate provided by law, and tnatur-
ing serially at such times, and in such amounts that the principal and interest can
be pa5d when due by the collection of special assessments hereinafter referred to
in Section 4.05 and of any ad valorem taxes which this Council may determine ta
levy for payment of the costs of the Improvement.
The City
I
4.02. 1978 Improvement Bond Fund. . So long as any of the Bonds are out-
4.03. Definitive Improvement Bonds. This Council will by resolution pro-
I
to require the offering of definitive improvement
.
-
.&
4.04. Additional Temporary Bonds. The City reserves the right to issue
additional temporary bonds payable from the Bond Fund as may be required to fk'ance
costs of the Improvements not financed hereby.
tion prior to the delivery of such additional temporary bonds, covenant to issue,
at or prior to the maturity date of the additional temporary bonds, additional
definitive improvement bonds on the terms and conditions set forth in Section 4.03
hereof.
4.05. Levy of Special Assessments. The City hereby covenants and agrees
that far payment of the cost of the Improvements it will do and perform all acts
and things necessary for the full and valid levies of special assessments against
all assessable lots, tracts, and parcels of land benefited thereby and located
within the area proposed to be assessed therefor, based upon the benefits received
by each such lot, tract or parcel, in an aggregate principal amount not less than
$1,784,502.03, the amount to be assessed for each Improvement being not less than
20% of the cost thereof.
to be spread on the tax rolls of the City with other taxes of che City with interest
.on unpaid installments thereof from time to time at the rate of 5% per annum. In
the event that any such assessment shall be at any time held invalid with respect
. ta-any lot, piece -or parcel of land, due to any error, defect or irregularity in
any action or proceeding taken or to be taken by the City or this Council or any of
the City's officers or empl,oyees, either in the making of such assessment or in
the performance of any condition precedent thereto, the City and this Council hereby
covenant and agree that they will forthwith do all such further acts and take all
such further proceedings as may be required by law to make such assessments a valid
and binding lien upon such property.
The City Council shall, by resol-&-
Said assessments shall be payable in ancual installments,
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295 i Section 5. Defeasance. When all of the Bonds and all coupons appertaining
thereto have been discharged as provided in this section, all pledges, covenants
and other rights granted by this resolution to the holders of the Bonds shall
cease. to any Bonds and
coupons appertaining thereto which are due on any date by depositing with the
paying agent on ur before that date a sum sufficient for the payment thereof
in full with interest accrued to the date of such deposit. The City may also
at any time discharge its obligations with respect to any Bonds, subject to the pro-
visions of law now or hereafter authorizing and regulating such action, by deposit-
ing irrevocably in escrow, with a bank qualified by law as an escrow agent for this
purpose, cash or securities which are general obligations of the United States
or securities of United States agencies which are authorized by law to be so
deposited, bearing interest payable at such time and at such rates and
on such dates as shall be required, without reinvestment to pay all principal and
interest to become due thereon to maturity.
of Moneys and Arbitrage.
file a certified copy of this resolution with the County Auditor of Hennepin
County, together with such other information as he shall require, and to obtain
from said County Auditor a certificate that the Bonds have been entered on his
bond register as required by law.
Auditor of Hennepin County are hereby authorized and directed to prepare and furnish
ts the purchaser of the Bonds, and to the attorneys rendering an opinion as to
the legality of the issuance thereof, certified copies of all proceedings and A
records of the City and such other affidavits, certificates and information as may
be required to show the facts relating to the legality and marketability of the
Bonds as the same appear from the books and records under their custody and control
or as otherwise known to them, and all such certified copies, certificates and
affidavits, including any heretofore furnished, shall be deemed representations of
the City as' to the facts recited therein.
to time of the Bonds that it will not take or perwit to be taken by any of its
officers, employees or agents any action which would cause the interest on the
Bonds to become subject to taxation under the Internal Revenue Code of 1954, as
amended (the Code), and regulations, amended regulations and proposed regulations
issued thereunder, as now existing or as hereinafter amended or proposed and in
effect at the time of such action.
charged with the responsibilities for issuing the Bonds pursuant to this resolution,
are authorized and directed to execute and deliver to the purchaser a certificate
in accordance with the provisions
of 1954, as amended, and Treasury Regulations, Sections 1.103-13 and 1.103-14,
stating that on the basis of the facts, estimates and circumstances in existence
on the date of issue and delivery of the Bonds, as such facts, estimates and
circumstances are set forth in.the certificate, it is not expected that the pro-
ceeds of the Bonds will be used in a manner that would cause the Bonds to be
arbitrage bonds within the meaning of said Code and Regulations.
The City may dischargp its obligations with respect
maturing
Section 6. Registration, Certification of Proceedings, Investment
6.01. Registration. The City Clerk is hereby authorized and directed to
6.02. Certification of Proceedings. The officers of the City and the County
6.03. Covenant. The City covenants and agrees with the holders from time
6.04. Arbitrage. The Mayor and Manager, being the officers of the City
of Section 103(c) of the Internal Revenue Code .
ATTEST :
.Mayor
City Clerk
Motion for adoption of the foregoing resolution was duly seconded by Councilman
Courtney. . .. Rollcall :
Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg
Nays: None'
Resolution adopted:
After discussion, Councilman Shaw introduced the following resolution and moved
i-ts adoption:-
RESOLUTION REZATING TO $370 , ooo RECREATION BONDS,
SERIES D, FIXING THE FORM AND DETAILS, PROVIDING
FOR THE EXECUTION AND DELIVERY THEREOF AND'THE
SECURITY THEREFOR
BE IT RESOLVED by the City Council of The City of Edina, Minnesota, as follows:
* Section 1. Recitals.
1.01. Authorization. Th'is Council by its resolution adopted October 2,
1978, which resolution is entitled "Resolution Relating to $1 , 750,000 Temporary
Improvement Bonds and $370,000 Recreation Bonds, Series D; Authorizing the Issuance
and Sale Thereof ," pursuant to Minnesota Laws 1961, Chapter 655 (the Act) ,
authorized the issuance and sale of $370,000 General Obligation Recreation Center
Bonds Series D of the City (the Boncls),.to be dated as of November 1, 1978, in
11/6/78
"_. i- -. / 296 1
order to finance the acquisition and betterment of certain improvements (the Improve-
ments) to its municipal recreation f acilitics. The Improvements consist generally
of (a) an improvement ot the Municipal Golf Center of the City described in
Section 4 of the Resolution adopted by this Council on November 4, 1963, entitled
Resolution Establishing the Form and Terms acd Covehants Securing the Payment of
$825,000 Golf.Course Bonds of 1963" (Resolution of November 4, 1963); and (b)
improvements to the Recreation Center of the City described in Section 4 of the
resolution' adopted by this Council on August 2, 1965, entitled "Resolution Author-
izing the Issuance of $450,000 Recreation Center Bonds, Describing Their Fozm and
Details and.Covenants with Respect Thereto" (Resolution of August 2, 1965). The
Bonds are to be payable primarily out of the net revenues to be derived from the
operation of the Municipal Golf Center, the Recreation Center, and the Municipal
Liquor Dispensary established by Ordinance No. 131 (the Municipal Liquor Dispensaryy.
There is currently payable out of net revenues to be
derived from the Nunicipal Golf Center and the Municipal Liquor Dispensary the
Municipal Golf Course Bonds of tfie City, dated as of December 1, 1963 (the Outstanding
currently payable out of the net revenues to be derived from the Recreation Center
and the Municipal Liquor Dispensary the Recreation Center Bonds, Series A and B of
the City, authorized by the Resolution of August 2, 1965 and the Recreation Center
Bonds, Series C of the City authorized by the resolution adopted by this Council on
July 21, 1969, entitled "Resolution Authorizing the Issuance of $100,000 Recreation
Center Bonds, Series C, Prescribing Their Form and Details and Covenants with Respect'
Thereto" (Resolution of July 21, 1969). The Recreation Center Bonds, Series A, B and
C are hereinafter referred to as t5e Outstanding Recreation Center Bonds.
standing Golf Course Bonds and the Outstanding Recreation Center Bonds are hereinafter
referred to in the aggregate as the Outstanding Bonds. The Bonds shall be subordinate
to the first lien and charge thereon, including a reserve, of the Outstanding Gold
Course Bonds on the net revenues of the Municipal Golf Center and to the first lien
and charge thereon, including a reserve, of the Outstanding Recreation Center Bonds
The Bonds shall be payable from the
nee revenues of the Municipal Liquor Dispensary on a parity with the Outstanding -
Bonds, as to both principal and'interest.
1.03. Findings. It is hereby found, determined and declared'that net revenues-
derived from the operation of the Municipal Liquor Dispensary, in excess of the costs
of operation and*maintenance thereof in the fiscal year which ended December 31;1977,
were in excess of $329,000, which amount exceeds the maximum amount of principal and
interest to become due in any future fiscal year on all of the Outstanding Bonds and
on the Bonds herein authorized.
the net revenues derived from the operation of the Municipal Liquor Dispensary is
. approprfated and credited to the Bond Account (Series D), created pursuant to . Section 4.02 hereof, which amount exceeds the average annual amount of principal and
interest to become due on the Bonds. The City is therefore authorized by tha Act to
seclire the Bonds by the covenants and agreements hereinafter set forth.
ance with the Act the Bonds may be issued by resolution of this Council.
conditions and things required by the Constitution and laws of the State of Minnesota-
to be done, to exist, to happen and torbe performed preliminary to the issuazce of-
and sale of the Bonds to provide moneys to pay for the Improvements have been.done,
do exist, have happened and have been performed in due form, time and manner as so
required.
1.04. Sale. This Council has, by resolution adopted this date, awarded the *
sale of the Bonds to Paine, Vebber, Jackson & Curtis, Inc., of Minneapolis, MN, on
the terms and conditions set forth in this resolution.
11
1-02. Outstanding Bonds.
I - Golf Course Bonds), authorized by the-Resolution of November 4, 1963. There is .-
The Out-
. on the net revenues of the Recreation Center.
I .
~
By Section 4.02 hereof the sum of $65,446-43 from
In accord-
All acts,
'
Section 2. Form of Bond and Coupons. .
2.01. Form of Bonds. The Bonds shall be prepared in substantially the following
. --_ f om:
1 UNITED STATES OF AMERICA
D STATE OF MINNESOTA
COUNTY OF HENNEPIN .
CITY OF EDINA
RECREATION BOND
SERIES D
No. -$5 Y OOOL
KNOW ALL MEN BY THESE PRESENTS that the City of 'Edina, Hennepin County, -.
Hinnesota- (the City), aclcnowledges. itself: to be- hdebted, .and for value rece%&d
hereby promises to pay to bearer, upon presentation and surrender hereof, the
principal som of .
FIVE THOUSAND DOLLARS
on November 1, 19 , without option of prior payment, and to pay interest thereon
from the date hereof until said principal sum is paid,"at the rate of (%I per annum. Interest thereon is payable semiannually on May 1 and
November 1 in each year, commencing May 1, 1979, in accordance with and upon
presentation and surrender of the interest coupons hereto appurtenant. Both -
11/6/78
, 297 i principal and interest are payable at the
.coin or currency of the United States of America which on the respective dates
of payment is Ic?gal tender for public and private debts.
This Bond is one of an issue in the aggregate principal amount of
$370,000 (the Bonds), all of like date and tenor except as to serial number,
maturity date and interest rate, issued to finance the acquisition and better-
ment of recreational facilities of the City, and is issued pursuant to and in
full conformity with the provisions of the Constitution and laws of the State
of Minnesota thereunto enabling, including Minnesota Laws 1961, Chapter 655,
and Minnesota Statutes, Chapter 475.
Bond Account <Series D) (The Account) of the Recreation Center Fund of the City,
but the City Council is required by law to pay maturing principal hereof and
interest thereon out of any funds in the treasury if moneys on hand in the
Account are insufficient therefor.
IT IS HEREBY CERTIFIED, RECITED, CONVENANTED AND AGREED that all acts,
conditions and things required by the Constitution and laws of the State of
Minnesota to be done, to exist, to happen and 'ro be performed precedent to and
in the issuance of this Bond in order to make it a valid and binding obligation
of the City according to its terms, have been done, do exist, have happened and
have been performed to the Account so much of the net revenues to be derived
from the operation of the municipal recreation center , municipal 'golf center
and of the municipal liquor dispensary as shall be required to pay the principal
hereof and interest thereon when due, provided that if such revenues should at
any time prove insufficient for these purposes the City is required to levy ad
valorem taxes upon all taxable property within its corporate limits, without
limitation as to rate or amount, for the payment of the Bonds and interest thereon
when due; and that the issuance of this Bond did not cause the.indebtedness of
the City to exceed any constitutional or statutory limitation.
IN WITNESS W-EREOF the City of Edina, Hennepin County, State of
Minnesota, by its City Council, has caused this Bond and the interest coupons
appurtenant hereto and the certificate on the reverse side hereof to be executed
and authenticated by the signatures of the Mayor and the City Manager, and the
official seal of the City to be affixed hereto, all such signatures and the
seal.being authentic, printed, engraved or lithographed facsimiles except for
the manual signature of one of such officers on the face of this Bond, and has
caused this Bond to be dated as of November 1, 1978.
ATTEST:
in Y , or its succcssor as paying agent, in any
This Bond is payable primarily from
.. *
(Facsimile Signature)
City Manager Mayor
(FACSIMILE SEAL)
2.02. Form of Coupons. Interest on each Bond to maturity shall be repre-
sented by a consecutively numbered set of interest coupons printed in substan-
tially the following form:
No. $
in. Y , the sum shown hereon in coin or currency
On May (November) 1, 19,, the City of Edina, Hennepin County,
tknnesota, will pay to bearer at the
of the United States of America which at the time of payment is legal tender
for payment of public and private debts, for interest then due on its Recreation
Bind, Series D. dated November 1, 1978, No.
9
(Facsimile signature) (Facsimile signature)
2.03. Form of Certificate. A certificate in substantially the following .
City Manager Mayor
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 Bond, 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, Amount, Denomination and Maturity. The City shall forthwith
issue and deliver the Bonds. which shall be negotiable coupon bonds, denominated
Recreation Bonds, Series D, -payable primarily &om the Bond Account (Series D) ,
cr'eated in Section 4.02 hereof. The Bonds-shall be dated as of November 1, 1978,
.shall be 74 in number and numbered serially from 1 to 74 inclusive, each in the
denomination of $5,000.
forth opposite their maturity ye'ars below, from date of .issue until paid, and
shall mature serially, lowest numbers first, on November L in the years and
amounts as follows :
The Bonds shall bear interest at the annual' rates Set
.. . , .. -.
.I
11/6/78
295
Year Amount
1980 $60,000
1981 *60,000
60 , 000
. 60,000
1982
60,000
1983
1984
1985 70 , 000 -
3.02. Interest. Interest on the Bonds shall be paxable on May 1, 1979, and
semiannuallv thereafter on November 1 and lfav 1 of each year.
Interest Rate
-.
3.03. -Paying Agent. The purchaser of the Bonds has designated the .'
Y 'I ,. , in
as pzying agent.
usual and customary charges of said paying agent for the receipt and disbursement
of principal and interest moneys.
shall be payable at the principal office of the paying agent designated herein
cr 5n the event of its resignation, removal or incapability of acting as paying
agent, at the office of such successor paying agent as may be approved by this
Council.
tion, 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 succehor
paying agent.
cessor paying agent shall become effectiye until the date specified in a notice
of the resignation and appointment which the Council shall cause to be published
in a daily or weekly periodical published in a Minnesota city of the first class
or izs metropolitan area which circulates throughout the state and furnishes
financial news as a part of its service.
That recommendation is hereby approved. The City will pay the
The principal of and interest on the Bonds
Upon merger or consolidation of the paying agent with another corpora-
No resignation of the paying agent and no appointment of a sue-
.
3.041. . Preparation and Delivery. The Bonds shall be prepared under the
direction of the City Clerk and the Treasurer and Finance Director and shall be
executed on behalf of the City by the signatures of the Mayor and the City
Manager, and shall be sealed with the official corporate seal of the City, 2ro-
viaed that one of said signatures and the corporate seal may be printed, engraved,
or lithographed facsimiles thereof.
prhted 6 copy of the legal opinion rendered thereon by Bond Counsel and the
certificate of the Mayor and City Manager.
-and interest coupons attached to the Bonds shall be executed and authenticated
by the printed, engraved or lithographed facsimile signatures of the Mayor and
City Vanager,
be delivered by the City Treasurer and Finance Director to the purchaser thweof
upon payment of the purchase price in accordance with the contract of sale here-
tcfore made and executed, and said purchaser shall not be obliged to see to the-
application of the purchase price.
There is hereby created a special fund
to be designated as the "Series D Recreation Construction Fund" (hereinafter re-
ferred to as the construction Fund), to be held and administered by tIie City Clerk
and the Treasurer and Finance Director separate and apart from all other funds of
the City.
sale of the Bonds. The Construction Fund shall be used solely to defray-expenses
of the Improvement. Upon completion and payment of all costs of the Improvemsnf,.
'any balance of the proceeds of Bonds remaining in the Construction Fund shall-be
credited and paid to the Bond Account, Series D.
So long as any of the Bonds are outstand-.
ing and any principal of or interest thereon unpaid, the City Clerk and Treasurer
and Finance Director shall eintain the Recreation Center Fund and the Operating
Account therein in accordance with the provisions of the Resolution of August -2;
1965 and the Golf Course Fund and Operating Account therein in accordance with
the provisions of the Resolution of November. 4, 1963. In addition, the City .
Clerk and Treasurer and Finance Director shall maintain in the Recreation Center
Fund a separate and special Bond Account (Series D) to be used for no other
purpose other than thG payment of the principal and interest on the Bonds and on
such other bonds of the City as have been or may be directed to be paid therefrom.
The City irrevocably appropriates to the Bond Account (Series D) (a) the sum
of $.
Municipal Liquor Dispensary, which amount shall be credited forthwith to BQnd' '
Account (Series D) and which amount. exceeds the average annual amount of'princi-
pal and interest to become due on the Bonds and shall be used to pay interest on
the Bonds to become due in 1979 and such other principal and interest to become
On the reverse side of each Bond shall be .
The certificate as to legal opihion
When the Bonds have been so executed and authenticated, chef 'shail
. .
Section 4. Security Provisions.
The City appropriates to the Construction Fund the proceeds of the'
-
I
4.02- Bond Account (Series D).
-.
. ,
-- . --
I .
from the net revenues derived from the operation of thg
'due on"the Bonds as provided in Section 4:03 hereof; (b) all such other moneys
. which are payable to Bond Account (Series D) pursuant to Section 4.03 hereof; .
and (c) all such other moneys as shall be received and appropriated to Bo2d
Account (Series D) from time to time. The Resolution of AugGst 2, 1965, provided
that net revenues of the Recreation Center could be pledged to pay bonds issued
."
4.03. Pledge of Net Revenues.
11/6/78
299 /
to finance improvements to the Recreation Center if the pledge of such revenues
is expressly made subordinate to the first lien and pledge of said revenues
€or the payment oE principal and interest due and the maintenance of the
reserve secriring Recreation Center Bonds, Series A and 3.
November 4, 1963 provided that net revenues of the Municipal Golf Center
could be pledged to pay bonds issued .to finance improvements to the Muni-
cipal Golf Center if the pledge of such revenues is expressly made subordinate
to the first lien on and pledge of said revenues for the payment of principal
and interest due and the maintenance of the reserve securing the Golf Course
Bonds of 1963. The net revenues of the Recreation Center and the Municipal
Golf Center are hereby pledged for the payment of the principal and interest
on the herein authorized Bonds, subject to the lien and charge thereon for
the payment of principal and interest due, and the maintenance of a reserve,
for the Outstanding Bonds.
Outstanding Bonds provided that net revenues of the Municipal Liquor Dispen-
sary could also be pledged for the payment of additional bonds on a parity
with the lien in favor of the Outstanding Bonds, if the net Municipal Liquor
Dispensary revenues received in the fiscal year immediately preceding the
issuance of such additional bonds shall have been at Least 1-1/4 times the
maximum amount of principal and interest to become due in any subsequent ,
fiscal year on the Outstanding Bonds and on the additional bonds. It is
hereby found, determined and declared that the net Municipal Liquor Dispen-
sary revenues received in the fiscal year’which ended December 31, 1977 were
sufficient to satisfy such condition, wherefore the herein authorized bonds
may be made payable from the net Municipal Liquor Dispensary revenues on a .
parity with the Outstanding Bonds as to both principal and interest without
preference or priority of one bond over any other; except that if the net
Municipal Liquor Dispensary revenues on hand at axy time are not sufficient, ‘
with other funds then on hand for the payment of all such bonds, to pay in
full the principal then due, the balance of net Municipal Liquor Dispensary
revenues then available shall be allocated to the Bond Account of the Recrea-
tion Center Pund established by the Resolution of August 2, 1965 for the pay-
ment of principal and interest on the Recreation Center Bonds, Series A and g,
the Bond Account (Series C) of,the Recreation Center Fund established by the
Resolution of July 21, 1969 for the payment of principal and.interest on the.
Recreation Center Bonds, Series C, to the Bond Account (Series D) of the
Recreation Center Fund and to the Bond Account of the Golf Course Fund esta-
blished by the Resolution of November 4, 1963 for the payment of principal
and interest on the Golf Course Bonds of 1963 in proportion to the principal
amount-of bonds of each issue then outstanding. From the net revenues of the
Recreation Center on hand in the Operating Account’of the Recreation Center
Fund and the net revenues of the Municipal Golf Center on hand in the Operat-
ing Account of the Golf Course Fund, there shall be transferred to the Bond
Account (Series D) each month beginning November 1, 1979 after all transfers
and credits required to be made to the Bond Account and the Bond Account
(Series C) of the Recreation Center Fund and the Bond Account of the Golf
Course Fund for payment of principal and interest of the Outstanding Recrea-
tion Center Bonds and the Outstanding Golf Course Bonds, a sum equal to not
less than one-sixth of the interest to become due on the next succeeding
interest payment date plus one-twelfth of the principal to become due on the
next succeeding maturity date of the Bonds plus out of any net revenues
remaining after the above payments for principal and interest into Bond-
Account (Series D) an amount equal to the amount of the net revenues of the
Municipal Liquor Dispensary deposited in Bond Account (Series D) pursuant to
Section 4.02 hereof which have previously been used for the payment of any
principal or interest on the Bonds, including interest paid on the Bonds
durring 1979, and any advances from the net revenues on hand in the Muncipal
Liquor Dispensary for the payment of principal and interest on the Bonds. If
the net revenues on hand in the Operating Account of the Recreation Center Fund
and the Operating Account of the Golf Course Fund in any month are not suffi-
cient to transfer to the Bond Account (Series D) the amounts required herein
for the payment of principal and interest on the Bonds and there is not then
and interest on the Bonds, the amount of the deficiency shall then be -a;dqanced ‘
from the net revenues then on hand in the Municipal Liquor Dispensary fun&..;.-
The Resolution of
The resolutions authorizing the issuance of the
. . .I. -
..
on hand in Bond Account (Series D) sufficient moneys for payment of principal . .a
Any amounts transferred to Bond Account (Series D) in repayment of any am0uii.t.s’ -
of the net revenues -of the Municipal Liquor Dispensary deposited in Bmd ACcdGn”t .. -
.-*
(Series D) pursuant to Section 4.02 hereof which were used for the payment of
principal or interesf on the-Bonds and any amounts transferred to Bond Account
(Series D) in repayment of any advances from the net revenues then on hand in
the Municipal-Liquor Dispensary.fund for the payment of principal and interest
300
11/6/78
*
shall be transferred to the Muncipal Liquor Dispensary fund as they are received.
bonds payable in Ijhole or in part from the net revenues of the Recreation Center
or Che Xunicipal Golf Center, to finance costs of an improveniert thereto, for
the acquisition, betterment, operation or maintenanae of other recreational
facilities of the City, or for any other purpose for which such revenues may be
appropriated by the Council in accordance with law; provided, however, that no
additional obligations shall be issued and made payable from the net revenues
of the Recreation Center unless the pl'edge of such revenues for payment of such
additional obligations is expressly made subordinate to the lien and charge
thereon in favor of payment of principal and interest when due, and maintenance
of reserve balances required, for the Outstanding Recreation Center Bonds, and
that no additional obligations shall be issued to and made payable from the net
revenues of the Municipal Golf Center unless the pledge of such revenues for
payment of such additional obligations is excressly made subordinate to the lien
and charge thereon in favor of payment of principal and interest when due, and
maintenance of reserve balances required for the Outstanding Golf Course Bonds
and the lien and charge thereon in favor of payment of principal and interest
when due on Recreation Center Bonds, Series D. Nothing herein'shall prevent the
future issuance of bonds payable in whole or in part from the net revenues of the
MunicTpal Liquor Dispensary, whether pursuant to the Act or any othef applicable
law, provided that the pledge of the netMunicipa1 Liquor Dispensary revenues for
the payment of such bonds is expressly made subordinate to the lien on and pledge
thereof for the payment of the principal and interest and the maintenance of the
agreed reserve securing such payments on the Outstanding Bonds, unless the-net
Municipal Liquor Dispensary revenues received during the fiscal year immediately
preceding such issuance shall have been not less than 1-1/4 times the maximum
mount of principal and interest to become due in any subsequent fiscal year on
all outstanding bonds then payable from such net revenues, including the addi-
tional bonds then proposed to be issued.
receit-ed in the fiscal year preceding any such issuance have conformed to the
condition prescribed in the preceding sentence, the additional bonds so issued
may be payable from the net Municipal Liquor Dispensary revenues on a parity with
the'oucstanding Bonds and the Bonds as to both principal and interest, without
preference of priority of one bond over any other, except that if net Municipal
Liqmr Dispensary revenues on hand at any time are not sufficient, with other funds
then on hand for the payment of all such bonds, to pay in full the principal and
interest then due the balance of net liquor revenues then available shall be
allocated to the Bond Account of the Recreation Center Fund, the Bond Account
(Series C) of the Recreation Center Fund, the Bond Account of the Golf Course Fund
and the Eon2 Account (Seri'es D) of the RecreationeCenter Fund and to'the respec-
tive accounts established for the payment of other bonds, in proportion to the
principal amount of bonds of each issue which are then outstanding. .
powers of the City are also irrevocably pledged for the prompt and full payment
of the principal and interest on the Bonds, as such principal and interest re-
spect'ively become due.
lution are deemed to be sufficient to assure the payment of such principal and-
interest. Accordingly, no tax is presently levied for this purpose. If at any
time it appears that the net revenues of the Recreation Center, Municipal Golf
Center and Muxicipal Liquor Dispensary which are pledged for the payment of the
Bonds and the net revenues of the Municipal Liquor Dispensary deposited-in Bond
Account (Series D) pursuant to Section 4.02 hereof shall not be sufficient to pay
the principal and interest on the Bonds the City covenants and agrees that it
will levy a tax sufficient, with the net Municipal Liquor Dispensary revenues,
net Recreation Center revenues and net Municipal Golf Center revenues then on.
hand 5n Bond Account (Series D), to pay all such principal and interest, which
tax shall be levied upon all taxable property within the corporate limits of the
'City, without limitation as to rate or amount.
ing thereto have been discharged as provided in this section, all pledges, cove-
nants and other rights granted by this resolution to the holders of the Bonds
shall cease.
and coupons appertaining thereto which are due on any date by depositing with-the
paving agent 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, it may nevertheless
be discharged by depositing with the paying agent a sum sufficient for the pay-
ment thereof in full with interest accrued to the date of such deposit. The City
may also at any time discharge its obligations with respect to any Sonds, 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
4.04. Additional Bonds. The City reserves the right to issue additional
.
In the event that the net revenues
4.05. Tax Levy. Pursuant to the Act, the full faith, credit and taxing
The appropriations and covenants contained in this reso-
Section 5. Defeagance. When all of the Bonds and all coupons appertain-
The City may discharge its obligations with respect to any Bonds
.
'
11/6/78 30 1
United States or securities of United States agencies which are authorized
by law to be so deposited, bearing interest payable at such time and at such
rates and maturing on such dates as shall be required, without reinvestment
to pay all principal and.?nterest.to become due thereon to maturity.
Section 6. Registration, Certification of Proceedings, Investment
of Moneys and Arbitrage.
6.01. Registration. The City Clerk is hereby authorized and directed
to fi1e.a certified copy of this resolution with the County Auditor of Hennepin
County, together with such other information as he shall require, and to
obtain from said County Auditor a certificate that the Bonds have been entered
on his bond register as required by law.
County Auditor of Hennepin County are hereby authorized and directed to pre-
pare and furnish to the purchaser of the Bonds, and to the attorneys rendering
an opinion as to the legality of the issuance thereof, certified copies af all
proceedings and records of the Cifzy, and such other affidavits, certificates
and information as may be required to show the facts relating to the legality
and marketability of the Bonds as the same appear from the books and records
under their custody and control or as otherwise known to them, and all such
certified copies, certificates and affidavits, including any heretofore
furnished, shall be deemed representations of the City as to the facts recited
therein.
6.03. Covenant.
time to time of the Bonds that it will not take or permit to be taken by any
of its officers, employees or agents any action which would cause the interest
on the Bonds to become subject to taxation under the Internal Revenue Code of
1954, as amended (the Code), and regulations, amended regulations and proposed
proposed and in effectat the time of such action.
City charged with the responsibility for issuing.the Bonds pursuant to this
6.02. Certification of Proceedings. The officers of the City and the
The City covenants and agrees with the holders from
. .*.. regulations issued izhereunder, as now existing or as hereinafter'amended .- or
li" ,. ".
6.04. Arbitrage. The Mayor and City Manager, being the'Gfficers of the
resolution, are authorized and directed to execute and deliver to the purchaser
a certificate in accordance with the provisions of Section 103(c) of the
Internal Revenue Code of 1954, as amended, and Trkasury Regulations, Sections
1.103-13 and 1.103-14, stating that on the basis of the facts, estimates and
circumstances in existence on the date Df issue and delivery of the Bonds, as
such facts, estimates and circumstances are set forth in the certificate, it
is not expected that the proceeds of the Bonds will be
would cause the Bonds to be arbitrage bonds with
and Regulations.
ATTEST:
I
/
-f&
City Clerk
Motion for adoption of the foregogng resolution was seconded by Councilwoman
Schmidt.
Ro 1 1 call :
Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg
Nays: None
Resolution adopted.
KERR COMPANIES ZONING REQUEST CONTINUED TO DECEMBER 4, 1978. Mr. Hughes recalled
that the request of the Kerr Companies for a zoning change for property
generally at 4917 Eden Ave. from R-1 to 0-2 Office District had been continued
from the meeting of October 16, 1978, because the proponent is still working on
building plans which will be satisfactory to the Council. Mr. Greg Gustafson,
representing the Kerr Companies, explained that the architect is developing a plan
which would reduce the proposed building from 65,000 square feet to 45,000 square
feet, and that, hopeful-ly, they would be ready to make their presentation at the
next Council-Meeting.. Mr. Newel1 Gaasedelen, 4818 Golf Terrace, and .Dr. Harry
Hall, 4902 Lakeview Dr., objected that neighbors should be told of any change in
hearing dates at least a week.in advance so that they could make their plans in
advance. Mr. Rosland asked residents to leave their names and addresses so that
the Planning Department could notify them of any changes in hearing dates. An
unidentified gentleman in the audience urged that the matter be continued until
December 4, 1978. Councilman Shaw's motion was then seconded by Councilman Courtney,
that the hearing be continued to December 4, 1978.
located .
Ayes :
Nays: None
Mot ion carried.
Courtney, Richards , Schmidt, Shaw, Van Valkenburg
302 11 /G/ 78
FRANK KKEISER KU ESl'ATg COdPAflY APPEAL FROM BOARD OF APPEALS AND AILJUSTMENTS
DECISION CONI'INUED. Nr, Hughes recalled that the appeal of the Frank Kreiser Real
Estate Company from a Board of Appeals and Adjustments Decision for a 29 car park-
ing variance €or part of Lot 49, Auditor's Subdivision 172, located at SO36 France
Ave., had been continued from October 16, 1978. He explained that Hr. Kreiser is
proposing t'o .construct a two-story, 4,800 square foot,. office addition on the
rear of the present building, reducing his on-site parking to three spaces and
'that the.addition would require 24 additional parking stalls in addition to the
five which would be eliminated by the construction of the addition. Mr. Hughes
referred to the ordinance covering parking in the 50th and France Redevelopment
District and noted various credits that were given for on-site parking. He also
explained the FloorArea Ratio (FAR) in comparison to the size of the p.arking'lot.
Mr. Hughes pointed out that a study of parking facilities in the area which indi-
cated that 130 existing parking spaces were under utilized but that, if all build-
ings in the area should take advantage of their possible expansion rights, 223
additional parking spaces would be required. Mr. Hughes expressed the concern that
parking limitations should apply to all buildings in the area and said that, if the
theater should be open during the day, a real problem would develop.
Richards said that the parking problem was the real basis for establishing :the -.I.
H.R:A. in the area and that Council should guard again about over expansion.
said that it must be recognized that this is a neighborhood center, as distina
guished from a regional center, and that limitations must-be recognized. Mr.
Kreiser urged that his request for the variance be approved, saying that, except for -
Fridays and Saturdays, the upper level of the parking'ramp is mostly vacant, .Fol-
lowing considerable discussion, Councilman Courtney's motion was seconded by
Councilwoman Schmidt, that the hearing be continued until the next CounciiMeeting
so that Mr, Hughes will have an opportunity to contact other businesses in the area
as to their possible expansion plans and so a study can be made of the use of .park-
ing stalls on the week end in both the North and South ramps.
Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg
Nays: . None
Motion carried.
-
Councilman
He
.. .: _--.
PBRRTJOOD KNOLLS 13TH hDDITION-AND PARKFJOOD KNOLLS llTH ADDITION LOT DIVISION .
APPROVED.
of land between Lot 7, Block 1, Parkwood Knolls 13th Addition and Lot 6, Block .
6, Parkwood Knolls llth Addition, in order to make lot lines more easily definable.
no objections being heard, Councilman Courtney offered the following resolution,
as recommended by the Planning Commission, and moved its adoption:
Mr. Hughes explained that a request ha5 been submitted for an exchange
. .-.
- RESOLUTION
ITiERFAS, the following described property'constitute various separate parcels:
Lot 7, Block I, Parkwood Knoll-. 13th Addition, according to the recorded plat
thereof. Also, that part of the North half of vacated Cadillac Drive, Parkwood
Knolls 11th Addition, lying West of the extension across said drive of the West
line of Lot 6, Block 2, Parkwood Knolls llth Addition; and
That part of Lot 6, Block 1, Parkwood Knolls 13th Addition, lying Southerly of
2 line run from the Southwest comer of said Lot 6 to a point in the East line
of said lot, distant 50 feet Northerly of the most Southerly corner thereof; and
Lot 6 inclrrding thst part of the North half of vacated Cadillac Drive, lying
East of the extension across it of the West line of said Lot 6, Block 2, Park-
wood Knolls llth Addition, according to the plat thereof on file and of recorl:
in the office of the Registrar of Titles in and for Hennepin County;
WHEREAS, the otmers of the above tracts of land desire to combine said tracts into -
the follow5ng new and separate parcels (herein called "Parcels"):
and
Lot 7, Block 1, Parkwood Knolls 13th Addition except that part of said Lot 7
lying Easterly of a line drawn parallel to and distant 22.43 feet West, as
measured at right angles to the most Easterly line of said Lot 7 and lying
Northerly of the Westerly extension of the centerline of vacated Cadillac
Drive. Also that part of Lot 6,'Block 1, Parkwood Knolls 13th Addition, lying
Southerly of a line run from the Southwest corner of said Lot 6 to a point in
the East line of said lot, distant 50 feet Northerly of the most Southerly
corner thereof, except the Easterly 22.43 feet of said Lot 6 as measured at
right angles with the Easterly line of said Lot 6; (Parcel I) and
The Easterly 22.43 feet of Lot 6, Block I, Parkwood Knolls 13th Addition, as
measured at right angles with the Easterly line of said Lot 6, lying Southerly
of a line run from the Southwest corner of said Lot 6 to a point in the East
line of safd lof, distant 50 feet Northerly of the most Southerly corner thereo'f;
That part of Lot 7, Block 1,. Parkwood Knolls 13th Addition, lying Easterly of a
line drawn parallel to and distant 22.43 feet West, as measured at right angles to
the most Easterly line of said Lot 7 and lying Northerly of.the Westerly exten-
sion of the centerline of vacated Cadillac Drive. Also that part of the North
half of vacated Cadillac Drive lying West of the extension across said Drive of
the West line of Lot 6, Block 2, Parkwood Knolls llth Addition; and
I
.
._ and
11/6/78. 303
..
Lot 6, including that part of the North half of vacated Cadillac Drive,
lying East of the extension across it of the West llne of said Lot 6, Block
2, Parkwood Knolls 11th Addition, according to the plat thereof on file and
of record in the office of the Registrar of Titles in and for Hennepin
County. (Parcel 11); and
WHEREAS, it has been determined that compliance with the Subdivision and Zoning
Regulations of the City of Edina will create an unnecessary hardship and said
Parcels as separate tracts of land do not interfere with the purposes of the
Subdivision and Zoning Regulations as contained in the City of Edina Ordinance
Nos. 801 and 811;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Edina that
the conveyance and ownership of said Parcels as separate tracts of land is
hereby approved and the requirements and provisions of Ordinance No. 801 and
Ordinance No. 811 are hereby waived to allow said diyision and conveyance thereof
as separate tracts of land but are not waived for any other purpose or as to
any other provision thereof, and subject, however, to the provision that no
further subdivision be made of said Parcels unless made in compliance with the
pertinent ordinances of the City of Edina or with the prior approval of this
Council as may be provided for by those ordinances.
Motion for adoption of the resolution was seconded by Councilman Shaw.
Rollcall :
Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg
Nays: None
Resolution adopted.
HEARING DATES SET FOR VARIOUS PLANNING MATTERS. Notion of Councilman Shaw was
seconded by Councilman Courtney, setting November 20, 197tf; as 'hearing date for
.the following Planning matters :
1.
2.
3.
Community Development Block Grant - Year 5
Modification of Morningside School Purchase - Year 4
Rauenhorst Corporation - R-1 Residential District to PID Planned Kesidential
District (Generally located at the Soutawest quadrant of W. 76th St. and
France Ave.)
Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg
Nays: None
Motion carried.
STREET IMPROVEMENT NO. BA-2 11 SUPPLEMENTAL ASSESSMENT APPROVED.
Notice were presented by Clerk, approved as to form and ordered placed on file.
Affidavits of I
Mr. Hoffman recalled that corner lots are normally assessed for one-third of the
side lot
the side lot on Lot 1, Block 1, Warden Acres'Austin Replat for Street Improvement
No. BA-211, said improvement being located on Oak Lane from Grove Street south to
cul-de-sac.
assessable foot and the supplemental assessment is now proposed to be assessed at
$25.99 per assessable foot.
prior thereto.
moved its adoption:
SUPPLEMENTAL ASSESSMENT. FOR STREET IMPRO%EMENT NO. BA-211
BE IT RESOLVED by the City Council of the City df Edina, Knnesota, as follows:
1. The City has given notice of hearing as required by law on-the proposed
supplemental assessments for Street Improvement No. BA-211, and at such hearing
held on Novenber 6, 1978, has considered all oral and written objections pre-
sented against the levy of such assessments.
2. Each of the assessments as set forth in the assessment rolls on file in the
office of the City Clerk for Street Improvement No. BA-211 does not exceed the
local benefits conferred by said improvement upon the lot, tract or parcel of
land so assessed, and all of said assessments are hereby adopted and confirmed
as the proper assessments on account of said respective improvements to be
spread against the benefited lots, parcels and tracts of land described therein.
3. The assessments shall be payable in ten equal annual assessments, the first
of said installments, together with interest at the rate of 5% per annum on the
entire assessment from the date hereof to December 31, 1980, to be payable with
the general taxes for the year 1980.
4.
a copy of this resolution and a certified duplicate of said assessments with
each then unpaid installment and interest set forth separately, to be extended
5. The Clerk shall also mail notice of any special assessments which may be pay-
able 11y a county, by a political subdivision or by the owner of any right-of-way,
as required by 'Minnesota Statutes, Section 429.061, Subdivision 4, and if any
such assessment is not paid in a single installment, the City Treasurer shall
arrange for collection thereof in installments, as set forth in said section.
footage, but that the developer requested full footage assessment for
The improvement had originally been assessed at the rate of $18.01 per
No objections were heard and none had been received
Councilwoman Schmidt then offered the following resolution and
'
The City Clerk shall forthwith prepare and transmit to the County Auditor
I
* on the tax lists of the County in accordance with this resolution.
304 11/6/78
w.
Motion for adoption of the resolution was seconded by Councilman Richards.
Rollcall :
Ayes: Courtney, Richards, Schmidt,.Shaw, Van Valkenburg
X~ys: None
Resolution adopted.
CABLE TELEVISION SERVICE TERRITORY GIVEN QUALIFIED APPROVAL. Mr. Campbell pre-
sented the petition of Northern Cablevision, Inc., for the City to join St. Louis
Park, Hopkins , Richf ield , Eden Prairie and Minnetonka in establishing a cable
television service territory.
requirement of the State Cable Board but that it does not take away the City's
opportunity to franchise whomever it wishes. The cable service territory is a
non-exclusive territory. Mr. Campbell einphasized that in adopting the resolution
requested by Northern Cablevision, the Council is not authorizing or awarding any
franchise to Northern Cablevision. In attendance at the meeting also were
Messrs. Robert McDonald, William Schiller-and W. D. Donaldson of the Cable TV Board.
Following discuss ion , Councilman Caurtney offered the following resolution and
moved its adoption:
He explained that this cable service territoG is a I
A RESOLUTION DENOTING QUALIFIED APPROVAL OF
A PROPOSED CABLE SERVICE TERRITORY TJITHIN
THE BOUNDARIES OF THE 'LrlllNICIPALITIES OF
BLOOMINGTON, EDINA, RICHFIELD , EDEN PRAIRIE,
ST. LOUIS PARK, HOPKINS AND MINNETONKA
THEREAS, Northern Cablevision, Inc., ("Northern"), has given notice of its intent
to piopose a cable service territory ("CST") within the boundaries of the munici-
palities of Bloomington, Edina, Richfield, Eden Prairis," St. Louis Park, Hopkins
and Minnetonka; and
TJHERFAS, such a proposal. must be submitted to the Minnesota Cable Communications
Board ("MCCB") for approval; and
WHEREAS, the MCCB has been charged by law with the duty of approving cable ser-
vice territories within which a franchise may be awarded and the procedures to
be followed for alteration of cable service territoe boundaries; and
WSEREAS, the MCCB has adopted certain regulations relating to the processing of
proposals for the est.=blishment of CSTs, which regulations include a provision that
the MCCB shall require and consider, among other ixiformation, resolutions from
the governing bodies of all municipalities contacted by the party or parties
proposing the CST, stating their approval or disapproval of such proposal, and a
provision that the MCCB shall consider a number of factors in determining its
approval or rejection of a CST; and
WHEREAS, the City of Edina does not yet have information addressing the factors
to be .considered by the HCCB in the approval or rejection of a CST, and does not
now know what the effect upon the City of Edina and its citizens would be in
terms of enfranchising a cable communications system if it were included in the
proposed CST; and
IHEREAS, the City of Edina does not oppose being considered for inclusion in the
proposed CST, but desires to have complete information about all relevant factors
and criteria before being required to state its position on the merits of being
included cr excluded; and '
proposed CST prior to the filing of the application and the receipt of all such
factors and criteria and the opportunity to examine and study the same;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Edina, that:
-\c 5,- .. . .
*WHEREAS, the regulations require the City either to approve of disapprove of the
1.
2.
3:
The City of Edina does not object to being considered for inclusion
within the proposed CST described above.
The City of Edina takes no position-at this time on the merits of its
being inciuded in or excluded from the proposed CST.
The City of Edina approves of the proposed CST for the sole purpose of
fulfilling the regulations of MCCB requiring approval or disapproval, and
requests that &t be permitted to participate fully as an interested party,
in any proceedings relating to the establishment of the proposed CST or
any modification thereof.
.
Motion for adoption of the resolution was seconded by Councilman Shaw.
Rollcall:
Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg
Nays: None
'Resolution adopted. Councilman Richards requested that a record-be kept of
time spent by the staff in regard to cable television.
TWPING ORDINANCE TO BE DRAFTED. Council's attention was call.ed to a letter from
Mrs. Bette Kent , 5913 Ewing Ave. , requesting that trapping be prohibited within the
City and also that the sale of steel
introduced Mrs. Nancy Nelson, 5854 Creek Valley Road, urged that an ordinance be
jaw leghold traps be prohibited. Mrs. Kent
' adopted which would prevent additional injury of children and household pets.
..
11/6/78 305
Mr. Rosland said that he agreed that' the leghold trap
he did not believe that the City should legislate trapping on private property.
Chief Swanson spoke of the occasional need to use live traps for beavers and
small rodents by the City. Tn response to a question of Councilman Richards,
Mrs. Nelson said that none of the local hardware stores sell the leghold
trap.
requesting that the City Attorney draft an ordinance banning the steel jawed leg-
hold trap
should be banned but that
Councilman Courtney's motion was seconded by Councilwoman Schmidt,
and prohibiting trapping in the City of Edina except when deemed neces- - sary by the City.
Ayes: Courtney, Schmidt, Shaw, Van Valkenburg
Nays : Richards
Motion carried.
METROPOLITAN COUNCIW? DIRK DE VRIES INTRODUCED. Mrs. Alison Fuhr introduced . Mr. Dirk deVries of the Mstropolitan Council who was welcomed to the meeting.
HALIFAX AVENUE WELL REPAIR BID AWARDED. Mr. Rosland presented tabulation of four
bids received for repair of the Halifax Avenue well, Tabulation showed Layne
Minnesota Company low bidder at $1,900.50 without the bowl assembly and $4,075.50
with the bowl assembly. Other bids were from Keys Well Drilling Company, Berger-
son Caswell and HcCarthy Well Co.
mended low bidder, Layne Minnesota Company, with the decision as to whether the work
is to be done with or without the bowl assembly to be made after the pump has been
examined.
Councilman Courtney's motion for award 'to recom-
Ayes: Courtney, Richards , Schmidt , Shaw, Van Valkenburg
Nays: None
Motion carried.
__. SANITARY SEWER LIFT STATION EMERGENCY REPAIR BID AWARD CONFIRMED.
advised Council that-an emergency situation had developed with the sanitary sewer
lift station at Z2nd and Oaklawn and that G.L. Contracting had been requested to
make the necessary repairs..
woman Schmidt confirming Mr. Hoffman's action in awarding the bid.
Mr. Rosland
Councilman CourtneyIs motion was seconded by Council-
Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg
Nays: None
Motion carried.
- CITY HALL WINDOW COVERING CONTINUED.
agreed to continue award of bids for storm coverings for City Hall windows until
further study .can be made.
As recommended by Mr. Rosland, it was generally
EDINA JUNIOR FOOTBALL LEAGUE PICTURES BID AWARDED.
for purchase of pictures of football teams for the Edina Juniqr Football League
with the understanding that the League will reimburse the City.
Schmidt's motion for award to Lee's Phogography. & Art, the only bidder, at
$1,298.00 was seconded by Councilman Richards.
Mr. Rosland presented a request
'
Councilwoman
Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg
Nays: None
Moticn carried.
GRADER BLADES PURCHASE AUTHORIZED.
for 50 double bevel curved grader blades and 50 plow blades to be used as changes
are necessary during the snow plowing season.
Sr Co. low bidder at $5,176.00, with Borchert-Intersoll, Inc., at $6,107.00.
Councilman Courtney's motion for award to low bidder, Paper Calmenson & Co. at
$5,176.00 was seconded by Councilman Richards.
Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg
Nays: None
Motion .carried.
Mr. Rosland presented tabulation of two bids
Tabulation showed Paper Calmenson
INTERLACHEN HILLS THIRD ADDITION CURB AND GUTTER DISCUSSED; REQUEST FOR BLACK-
TOP CURB AND GUTTER DENIED. Mr. Rosland advised Council that Mr. Wallace Kenneth,
developer of Interlachen Hills Third Addition, had requested permission to
install blacktop curb and gutter, rather than the cement curb and gutter as orig-
inally agreed. Mr. Kenneth urged that he be allowed to use blacktop inasmuch as
Mr. Dunn had said that he could use either cement or blacktop, because cement is
difficult to'buy and because he actually prefers the ''V" asphalt curb. Mr. Ken-
neth also said that the Developer's Agreement which he signed did not specify
that concrete be used. In response to Mr. Kenneth's contention that he was not
notified of the improvenient hearing, Councilman Richards read from the minutes
of November 21, 1977, which indicated that Mr. Kenneth had attended that meeting.
Following lengthy discussion, Councilman Shaw's motion was seconded by Councilman
11/6/78
Richards reaffirming Street Improvement No. BA-231 as ordered at the Council Meet-
ing of November 21, 1978, and denying the request of Mr. Kenneth for asphalt curb
and gutter.
&res: Courtney, Richards, Schmidt, Shaw, Van Valkenburg
Nays: None
Motion carried. Mr. Hoffman agreed to stake grades for the streets.
PATRICIA D. HODNE NOTICE OF CLAIM NOTED.
ice of Claim of Ms. Patricia D. Hodne which had been served on the City Clerk.
The matter has been referred to the insurance company and to the City Attornel-,
No form1 action was taken.
GENERAL/CITY ELECTION CANVASSING BOARD APPOINTED.
Councilwoman Schmidt's motion was seconded by Councilman Courtney, appointing the
following members of the Canvassing Board for the General/City Election to be held
on November 7, 1978: Messrs. Patrick Scott, Ralph Campbell, Mark Bernhardson, W.
Ralph Hines, .Glenn Harmon, Sam Mobley and
Council's attention was called to aNot-
.. I As recommended by the City Clerk,
Bohn Wanamaker.
Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg
Nays: None
Motion carried.
SPECIAL COUNCIL MEETING NOTED.
which will be held at 4:OO p.m. on November 8, 1978, in the Conference Room.
Council was reminded of a Special Council Meetiag
No
formal action was taken.
TELECARE PROGRAM FOR SENIOR CITIZENS DISCUSSED. Mr. Rosland advised Council that .
the City is working with Fairview. Southdale Hospital in their program to watch out
for people who live alone. Those living alone call in to the hospital every mom-
ing to report that they are all right.
is received. No formal action was taken.
Neighbors or policelare called if no call
HENNEPIN COUNTP DELEGATION MEETING FOR MUNICIPALITIES DATE SET. Council was told
that the Hennepin County Delegation Meeting for Municipalities, scheduled for
Wednesday, November 1, at 7:30 p.m. at the Crystal City Hall has been rescheduled
for Monday, Noveniber 13, at 7:30 p.m. at the St. Louis Park City Hall Community
Room. No action was taken.
BINGO 0RI)INANCE CONTINUED. Mr. Rosland referred to sample ordinances regardtng
bingo, paddlewheels and raffles, advising that, under State Statute, if Bingo is
not covered by ordinance, it will not be allowed. The matter was continued for
further study by motion of Councilman Richards , s.econded by Councilman Shaw.
.
Ayes : Courtney, Richards, Schmidt, Shaw, Van Valkenburg
Nays: None
Motion carried.
DE LARIA'S RESTAURANT DISCUSSED;
advised Council that Mr. William Westerhoff, owner of DeLaria's Restaurant, has
met all compliances by the Council except for a hand washing sink in the lower
level kitchen, completing the cleaning of the duct work and equipping a range
with six inch legs. Mr. Westerhoff said that he has a contract for cleaning the
duct work on November 11 and has been meeting with a plumber to see how the ZGk-
can be installed. He spoke of the difficulty with Southdale security in having'
workers in his restaurant after the Center closes. Mr. Westerhoff objected that
statements in the Edina Sun were taken out of context and that his business ha'd
been seriously affected.
to bring the restaurant up to code had been issued over two years ago. It was
noted that legs for the range are on order.
Council extend the time for compliance through November 12, 1978, and that the
City have not been met, was seconded by Councilman Courtney.
Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg
Xays: None -
Motion carried. -
NEW DEADLINE SET FOR COMPLIANCE. Mr. Velde
Assistant Fire Chief Ted Paulfranz recalled that orders
Councilwoman Schmidt's motion that
. restaurant be'closed by administrative action at that time if directives of the I
WOMEN'S NATIONAL GOLF TOURNAMENT CONTRACT APPROVED, SUBJECT TO CERTAIN CHANGES.
Mayor Van Valkenburg reviewed the proposed contract for the Women's National
Golf Tournanent and recommended a number of revisions to make-the contract satis-
factory to the City.
Schmidt, approving the contract with the revisions recommended by the Mayor.
~
_'
Councilman Courtney's tnotion was seconded by Councilwoman
Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg '
Nays: None
Motion carried. tlr. Rosland and the City Attorney will revise the contract,
11/6/78. ' 307
GLEASON ROAD FATAL ACCIDENT DISCUSSED.
accident which had occurred on Gleason Road between the Crosstown Highway and
Vernon Avenue and recalled Council's concern about traffic speed for that see-
tion oE road.
speed limit from 40 to 35-miles per hour in response to the City's request.
act ion was taken.
ROBERT CRABB RESIGNATION FROM EDINA FOUNDATION NOTED.
vised Council of the resignation of Mr. Robert Crabb from the.Edina Foundation and
requested that Council submit nominations for his replacement.
taken .
Councilwoman Schmidt spoke of the fatal
Mr. Rosland advised that the County has just recently reduced the
No
Mayor Van Valkenburg ad-
No action was
PEOPLE'MAKING PROGRAM COMPLIMENTED:
Making Program and said that he believed that the Committee should be complimented.
No action was taken.
Mayor Van Valkenburg ref erred to the People
EDINA WEST HIGH SCHOOL FOOTBALL TEAM PROGRESS NOTED.
Councif's attention to the fact that the Edina West "Cougars are progressing well
in the Minnesota State Football Championship Tournament.
GLACIER SAND AND GRAVEL SETTLEMENT DISCUSSED. Mr. Erickson advised Council that
he had recently received a letter from Glacier Sand and Gravel asking the City to
Mayor Van Valkenburg called
No action was taken.
recalculate, the amount of the reducti'on for both taxes and interest that would
result from their p.roperty reevaluation suit and that he believes that a settlement
-is imminent. No action was taken.
M.A.M.A. TO NEGOTIATE POLICE SALARIES. Mr. Rosland said that he .had reconmended
that the Police,Department go 'Liack ta N.A.M.A. for salary negotiations, and that
he is now one of three Managers who will be negotiating for the other 20 com-
munities involved. No action was taken.
COMPREHENSIVE PLANNER POSITITION ESTABLISHED. Mr. Rosland exp1ained:that-since Mr.
Winter left the City staff, he would like to recommend the combination of two
Planning positions into one position to be known gs a Comprehensive Planner. Fol-
loving discussion, Councilman Courtney offered the following resolution and moved
its adoption:
BE IT RESOLVED by the Edina City Council that the position of Comprehensive Plan-
ner be established at an annual salary of $14,500.
Motion for adoption of the resolution was'seconded by Councilwoman Schmidt.
RESOLUTION
Rollcall :
Ayes: Courtney, chards , Schmidt, Shaw, Van Valkenburg
Nays: None
Resolution adopted.
MAE W. FISHER NOTICE OF CLAIM NOTED. Council was advised that a Notice of Claim
had been served on the Clerk by .the mother of Edwin Wright Fisher.
has been referred to the insurance company and to the City Attorney.
action was taken.
The matter
No formal
MR. VERN LAKE REQUEST FOR 54TH STREET IMPROVEMENT DISCUSSED. Mr. Rosland called
Council's attention to a letter from Mr. Vern Lake, 53A6 Xerxes Ave. S., request-
ing that someth5ng:be done to alleviate dust on W. 54th Street west of Xerxes
Ave. and advised that the matter had previously been referred to the Engineering
Department. No action was taken.
BROOKSIDE AVE. PETITIONS RECEIVED. Councilwoman Schmidt's motion was seconded by .
Councilman Shaw ref erring the following petitions to the Engineering Department :
1.
2. Watermain and Sanitary Sewer - Brookside Ave. fromW. 44th St. to Lot 2, . Auditor's Subdivision 176.
Watermain and Sanitary Sewer to serve 4359 Brookside Ave. between W. 44th St.
and Lot 2, Audieor's Subdivision 176 ;
Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg
Nays: None
Motion carried.
ORDINANCE NO. 1353 CONTINUED. Mr. RoSland presented Ordinance No. 1353, regulat-
ing physical culture, health services and clubs, reducing salons, massage and
sauna parlors add escort services
16, 1978. Mr. Erickson outlined changes which were made since the last meeting
and advised that he does not think'that this type of business can be prohibited
altogether.
ordinance, whereupon Councilman Courtney's motion continuing the Ordinance until
which ordinance had been continued from October
Mayor Van Valkenburg recommended certain changes be made in the
, 308
11/6/78 I
November 20, 1978, so that the City Attorney can make additional changes in the
language of the ordinance, was seconded by Councilman Courtney.
*. Ayes:
Nays: None
Motion carried.
Courtney, Richards, Schmidt, Shaw, Van Valkenburg
TAXICAB ORDINANCE CONTINUED.
taxicabs should not be under a regulatory system and recommended that Ordinance
No. -143241 be contimed so that there could be some input from the taxicab
companies- ?fr. Rosland referred'to a letter from Mr. Jeffrey M. Feldman, Presi-
dent of the Yellow Taxi Company of Minneapolis, requesting that: the City approve an increase in taxi rates which would be comparable to rates authorized in Minne-
apolis.
seconded- by Councilman Courtney.
Mayor Van Valkenburg reiterated his concern that
. I Councilman Richards' motion continuing the ordinance for two weeks wzs
Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg
Hays: None
Xotion carried.
BRAEMAR HILLS 9TH AND lOTH ADDITION EASEMENTS CONTINUED. Mr. Hughes recalled
that the City had been requested to release easements that were previously granted
fcr Braemar Hills 7th Addition and that a portion of the property has now been
plztted as Braemar Hills 9th and 10th Additions.
Councilman Courtney's motion was seconded by Councilwoman Schmidt, that the matter
be continued until the City has received evidence of ownership and new easements
have been grantsd.
As recommended by Mr. Erickson,
Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg
Nays: Kone
Xo tim carried.
PARKWOOD KEOLLS 20TH ADDITION DISCUSSED. Mr. Erickson recalled that Council had
approved final plat €or Parkwood Knolls 20th Addition on September 18, 1978, subject
to clearance of title problems set forth in his title opinion, and that the Hansens
n(ix propose to clear them up by a Torrens proceeding and have given the City an -
affidavit to clear a possible judgment lien against, and competency status of, an
ovner- He advised that he now has a letter from the Hansen's attorney which states -
tkat the Hansens wS-l join the City in the Torrens proceedings by a cross applica-
tion to show the City's interest in the property being registered, &d will complete
tke poceeding in the City's name. All expenses incurred in connection with cow
..pleting the proceeding will be borne by Mr. and Mrs. Hansen. Mr. Erickson said that
the Hansens propose to have the letter stand in lieu of correction of any title
objection aC this time and thereby allow release of the plat.
tke City acce:it this letter, so that the City will end up with a certificate of
other means, inasmuch as the balance of the property that the City is receiving for
parklaod 2s also registered and the title objections will be cleared up in a more
fical manner. Councilman Shaw's motion accepting the letter from the Hansens and
allowing release of the plat was seconded by Councilman Courtney.
I
He recommended that
- title which will be better, title wise, than correction of the title problems by
Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg
Nays: None
Motion carried.
LIQ'LOR FUND AS OF SEPTEMBER 30, 1978, was presented by Mr. Dalen, reviewed and
ordered placed on file by motion of Councilwoman Schmidt, seconded by Councilman
Courzney .
AYES: Courtney, Richards, Schmidt, Shaw, Van Valkenburg
Nays: None
Motion carried.
CLkIMS PAID. Motion of Councilman Richards was seconded by Cuuncilman Shaw for
payment of the following claims as per Pre-List:
Fund, -$8,619.53; Art Center, $644.85; Park Construction, $9,245.30; Swim Pool,
$163.39; Golf Course, $49,986.64; Arena, $5,703.67; Gun Range, $1,377.07;
Water Works, $69,951.25; Sewer Rental, $97,670.37; Liquor Fund, $4,174.35;
Construction, $3,088.83; IBR, $681,543.68; Total, $1,041,584.82 ; and for con-
fimatior, of payment of the following claims: General Fund, $107,616.03; Park
Fund. $1,768.04; Art Center, $121.31; Park Construction, $16,467.18; Swimming
Pool, $39.84; Golf Course, $2,292.37; Arena, $984.28; Gun Range, $76.87; Water
General Fund, $109,415.89; Park
I-
' Works, $3,427.81; Sewer Rental, $425.33; Liquor Fund, $194,014.39; Construction,
. $437.80; Total, $327,671.25.
Ayes:
Nays: None
Motion carried.
Courtney , Richards , Schmidt , Shaw, Van Valkenburg
No further business appearing, the Mayor declared the meeting adjourned.
ment at sf35 p.m.
Adjourn- -4-d &,
City Clerk 4