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HomeMy WebLinkAbout19791001_regular192 i MIWUTES OF THE REGULAR MEETING OF THE D EDINA CITY' COUNCIL HELD AT CITY HALL tf * OCTOBER 1, 1979 ? ' *.f I .I Answering rollcall were members Bredesen, Courtney, Richards, Schmidt and Mayor Van Valkenburg. Present also were Ifmes. Leslie Turner of the Human Relations Comnission and Helen EfcClelland of the Community Development and Planning Comais- s ion. XINUTES of the Budget Neetings of September 13, 17, 19 and 25, and of the Regular leeting of Septeaber 17, 1979, were approved as submitted by motion of Council- woman Schmidt ,' seconded by Councilman Courtney. c I Ayes: Bredesen, Courtney, Richards, Schmidt, Van Valkenburg Nays: Ecne Motion carried. KIICEILI ADDITION PRELIMINUY PLAT CONTINUED TO OCTOBER 16, 197 9. Affidavits of Xotice were presented by Clerk, approved as to form and ordered placed on file. Mr. Hughes presented Kiichli Addition for preliminary plat approval, advising that the proponent is requesting approval of two 76 foot by 180 foot single fzrnily iots for property generally located North of W. 62nd Street and West of Tracy Ave. whereby the Easterly 32 feet oE Lot 1 and Lbt 2, Block '1, Countryside Addition, vas approvsd and now constitutes the subject property. in 1970 the proponent requested an Zdentical subdivision to that now ,.proposed and that the Planning Commission had recomended approval before it had been dis- covered that deed restrictions had been imposed which stated that only one house could be built on each Countryside Addition lot. Council had tzbled the subdivision until expiration' of the deed restrictions but ~ * advised that these restrictions have now expired. Mr. Hughes said that the sub- ~ ject property represents a transition between lots to ths West with 75 foot front- , .ages and lots to the East with frontages of approximately 120 feet and said that the proposed lots would approximate the size of lots to the Vest. that if the proposed subdivision is not approved, the alternative would +be a lot measuring 152 feet by 180 feet and P70uld be larger (especially in width) than other Lets in the area. The Hayor referred to a petition siped by omers of tvaqty-three 2rope.rti~s +ich petit ion stated that sjgners had no objection eo ;the issuasce of a Building Permit for constructiozl of a home on the East 76 feet of Lot 2, Block 1, 'Countiyside Addition. Mr. Charles Davis, 5700 Olinger Road, asked that the hearing could be continued so that he could study the proposal further. He safd that be does not object to one house on the property but is concerned about two houses being built. Nr. Kiichli, the proponent, said tha? he would hzve no strong objection if the heariilg is continued but that he would like to get the matter settled. No further discussion being heard, Councilmn Richards' motioa was seconded by CocncSwoman Sc!lmicit, contkuing the hearing mtil October 15, l.979. Nr. Hughes recalled. that in 1968 the Council had approved' a division Fie recalled further that He recalled that in 1970; the He explained I Ayes: Bredesen, Courtney, Richards, Schmidt, Van Valkenburg ' Nays :-' Eone Notion carried. !*. KLODT'S ADbITION TO EDINA ZONIZJG AruP FINAL PLAT COMlINUED TO OCTOBER 15, 1979. Mr. Hughes presented Ordinance Nn. 811~2~130 for Second Beadkg and Klodt 's,'Acldi- tion to Edina+fi'or final plat approval, recalling that tliis property is located South of IC- 75th St, md East of York Av2. and that the propcrrent is ded'icatkg a 50 foot ope7 spz& easeasnt to the City and that a berm a-d landscaping'will be . prokicied to screen the parking lot froiil the residential area to the East. Comcil- man Richards' motion for approval or' the plat and of 0~1 Office District zoning was secondez by Councilman Courtney. Comcilnan %chards said that he believed that, in zdditiozl to the 50 foot easemsnt, the developer should make a subdiv'i- sion dedication of $3G,OOO to the CLty. to the cash dedication, saying that he has already given up 15..47% of his land for the 50 foot easement. the new plat %?as to clarify the legal description and was not required by ordiaance. had bee3 assessed.against his property and referred to other property foy xhich he had also been assessed. of the plat and zoning was wirhdrawn. the hearing be zontiilued until October 15, 1979, so that tke staff would have an opportunity to check the assessment roles regarding Xr. K3.odt's statement that he had already Seen heavily' assessed. Notion seconded by Councilman Courtney. Mr. Paul RloZt, the developer, objectsd Mr. Hughes concurred with Mr. Uodt's statemenf,that Xr. Klodt also contended that the entire cost of street impr,puenents Pollowing some discussion, the motion for approval Councilvoiuaii Schmidt then moved 'that Ayes : Srebesm, Courtney , Richards, Schmidt, Van Valkmburg \--- ley~: None Xot ion carried. r .. 193 - GOVRE DRIVE CJNE-YAY STATUS REFERRED TO TlZhFFIC SAFETY COFDilTTEE . Valkenburg re€crreci to a petition whfch had been rzceived requesting that Dovre Nay or Van *I m a otte-gay .sZr~-et back to a-two-way streep and rEic referred to the Traffic Safety Committee for its recomenda- tion. Mrs. Ann Harrod, 5712 Parkwood Lane, objected that the matter was being continued, stacing that it is not so much a matter of safety as a matter of transferring traffic from one street to another street. Mr. Robert Wilson, 6705 Field Way, urged that Dcrvre Drive be made a two-way street. Dr. Arthur T. Linde- lad, 6613 Dovrc Drive, referrcc! to a statement wh?lch he intended to read at the Traffic Safety Committee Keeting and asked that note of that statement be made in these minutes. Coanciimm Courtney's motion was then seconded by Councilwoman Schmidt, referring the matter to the Traffic Safety Committee. Ayes: Bredesen, Courtney, 'Richards, Schmidt, Van Valkenburg Nays: None Efo tlon carried * I- I?ILLILY$I WAFOWELL LEWIS PARK CONCRETE STAB AND ELECTRICAL WORK BID AWARDEL Nr. liosland presented tabulation of three bids received for concrete slab and elect- rical work for William Wardwell Lewis Park. Tabulation showed Keho Construction Compvly low Sidder at $41,8CO.OG, Robert 0. Westlund at $55,000.00 and Batzli Eiectric Company at $62,300.00. nended -low bidder, Keho Construction Company at $41,800.00, was seconded by Councilman Richards. Councilman Courtney's motion for award to recom- IF I\ Ayes: Bredesen, Courtney, Richards, Schmidt, Van Valkenburg Nays: None Morion carried. ARNESON PARK GREEh'HOUSE WATER SUPPLY BID AWARDED. tfon of bids received for installation of water service to the Arneson Park Green- house. with Hayes Contractors, Inc. , bid of $9 , 986.00. axard to recommended law bidder, Raymond Hasg Plumbing Coinpaay at $8,700, was seconded by Councilwoman Schmidt. Mr. Rosland presented tabula- Tabulacion showed Raymnd Haeg 'Plumbing Company low bidders at $8,700.00 < Councilman Courtney's motion for Ayes: Bredesen, Courtney, Richards, Schmidt, Van Valkenburg No tion carried. % . Nays: None EMERGENCY KEPAlR AVfHOXZED FOR WELL NO. 12. Mr. Rosland advised that emergency repairs had been made for Well No. 12 by Layne Minnesota in the amount of $4,754.72. seconded by Councilman Courtney. Co-mcil.woman Schmidt's motion authoriking tHe emergency repair was 1 Ayes: Bredesen, Courtney, Richards, Schmidt, Van Valkenburg Nays: None Motion carried. H9HE IEIPROVEMXNT GRANT PROGRAM REVISED. Mr. Bughes advised that he had prepared Tdideiines for a revised grant program using Cornunity Deselopment Block Grant: funds that will satisfy the Department of Housing and Urban DevelopEent (KTJD) and which will also met the need for rehabilitation funds in the City of Ediiia. He advised that it is difficult to find a bank which will participate in the plan. are limited to $3,000 for lGV incoine households and $2,G00 for moderate income households. Ee explained that: 1) Grants will be availsble on a first come first . served b2sis until all Eunds are committed; 2) rroper'iy must be 2t least 15 years old, unless health, safety, or energy efficiency improvements are required.; 3) Correction of code deficiencies and improved energy efficiency are top pro- grzm priorities; 4) A repayment in favor of the City will be required for ;i seven year period; 5) Grants are to be used for one or two unit owner occupied housing orrly; 6) One grant per famiiy with a minimum five year wait before eligibility for additionzl funds; the responsibility of the homeowner. Section 3 inc~me limits are consistent with IimLts of the Ryan Construction properties. Rehabilitation Program was seconded by Councilwcmaii Schmidt. Mr. Hughes presented 2 tabulation indicating that the amount of the. grants 7) All dealings with contractors are to' be Councilman Bredesen was told that these Comcilman Courtney's motion approving the revision to the City's Ayes : Bredcsen, Courtney, F5chards Schmidt, Vac Valkenburg Nays : Nclnc Pbt ion caxried. I _I_______ LEAGUE OF MINNESOTA -_.- CITIES REGIOKAL MEET135 AN1LTOU;JCED. th& RsgionsL Xeeting of thcl f,eag:l;e of Minnesota Cities will be held at i3ursch's on 0czo'tz.r 25, 1978, with a Xoondtabie Discussion at 2:30 p.m. and dinner at G:OO p.m, E,? clcilicn was taken. Cowtcil was advised that 194 I ENERGY CO>QiISSION/LEAGUE 03 l~Of4EN VOTEES PLtlMS DISCUSSED. Nr. CampSell. f. ' advised the CounciL that the Energy Commission is working with t3e Edina League . _I hf Woxren Voters to rake the public aware of energy saving devices. Firm recon: xendations will be made at the next meeting. Goundlman .Bredmen vas told that inqcliries from cftizens could be referred to Hx. Balineman or Nr. Campbell. 'No' .* , 7- * . action was taken. JOINT CABLE TV COM+lISSION NEETING ANNOUNCED. Council was advised of plans %r a meeting of the Southwest Suburban CATV Study Commission mercbers and the City Comcfls of Edina, Eden Prairie, Hopkins, 8finnetonka and Richf ield which will' De held on October 10, 1979,. at the Edina City Hall at 7:30 p.m. Mo action was taken. GEORGE 14. K4NSEN CGIPANY APPOINTED 1979 ALVITORS. Councilman Courtney's motion was seconded by Councilwoman Schmidt, approving the appointment of the George M. Hansen Conpany to conduct the 1979 audit for the City. Ayes: Nays: None 'llotion carried. I, 4- As recommended by Nr. Daleh, Bredesen, Courtney, Richards, Schmidt, Van Valkenburg t IE. ATXI MRS. JOHE IL4TE LETTER NOTE~'IXEGARD1NG RECREATIONAL VEHICLES. czlled Council's attention to a letter from Nri and Nrs. John Hale, 5504 13ali:b cane, urging the Council to "maintain restrictions on recreational vehicles ip resi2ential areas". Councilman Richards said that some people have requested pei-miss5on to park their recreational vehicles in their driveyays for 48 hours. for repair 0.r fa? packing. The hearing on the recreational vehicle ordinance having been previously set for November 5, 1979, no further discussion was heird at this time. LCGIS COIPUTER FIXB%XNG APPROVED IN TART. 3fr. Rosland presented a resolction under which the City would agree to participate in financing the computer for LOGIS (Local Government Management Information System). Discussiozl ~7as had on Paragraph 6 of the proposed resolution under which paragraph the City would . kxkanify ZiId hold OS1 h'armless against any losses, damages, costs, expenses, claims, or actions resulting from or arising out of any use not authorized-by .the Il5exe grartc4 ,i,r tho, contract of the c,ompJto,r progra.ms and/or mzceriais comprising the SZKW?iS/30@0 System by the City, by any agent, servant, or employee? of the City, or by 2ny oEher person who obtsins access througli the City to the computer programs azd materfa'ls licensed to the City". offered the follcwing resolution, eliminating Pzragraph 6 f r& the propose4 resolut5on , *ad moved its adoption as f ollowc : The Efayor 1 It Following discussion Councilman Richards. E RESOLUTION lmE3%S, the Citv of Edina, Eimesota, is a member or' Local Government Infomation - Syst2m.s '(LOGIS) , a joint powers organizaLion of local Enzesota government units %EE?XR4S, LOGIS; has entered into a agreemeat with Optimum Systems 1ncor;orated (OSI) a California corporatioa, effective zs of August 23, 1978, and .entitled If Local Govem-meqt Naagement Informatim System Agreensnt , Contract No. 2027" (Xiereinafter rezerred to ss the "contrzct") , whereunder LOGIS contracted to purchase from OS1 certain items, of computer hardware and ,softwsre which, if accepted by LOGIS under the contract, will be employed by LOGIS for the benefit af its members, Includ-ing the City of Edina, in proviittng economical data - processkg serv5ces to the members of LOGIS; and WFEEXAS , under the terra of the cor-tract, particularly Section 4.01(a) thereof, each. mt.,&er of'LOGIS is required to execute a written statement, to be effective 'iF2?2 acccptmce of the property under the contract which runs in favor of both LCGIS and OS1 and whIchpembodipC the terns and conditions of Paragraphs 4.01(c) t~iiza 4.01(111 of the ccritract; NG7, THEREPORE, EE IT RESOLVED BY THE EEIEA CITY COUXXL AS FOLLOIiS: 1. The City acknowledges and agrees throughout the duration of tbe coatract that;""as betuem OSI and LOGIS, title and fclll ownership rig$ts to *, t& GEHL3NIS/3000 System and all components thereof delivered to ft remain with USI. arzd all coinponents thereof, inclusive *of %he ideas and expressions therein cmtahed, are valuable trade secrets hiid propriety informtion of OSI, whether or not any portiod thereof is or may 5e validly copyrighted or patented. The City co-~en~ats thzt it will not. make use of t$e GEI*NNIS/2000 Systcra, dirk+ctiy or indirectly, for the beq2fi.t of any party whfch is not a mein3cr of >LOGIS+ or xhicli has not execute6 CL written st?tenent* satisfactory to OS1 uilder- the cclrrtracrr embodying ~Zle substance of the covencats herecf as required by Section fomed pursuant to I-Ennesota Statutes, Section 471.59; and #t (4.91(c)) 1% The City further acknowledges and agrees that the GEP~TIS/300G System . *? ' b Q-Ol(a) of the contrzcc; , .. . . .. 't .. I 2. (4.01(d)) The GEMUNIS/3000 System and all informaticn related thereto, 5~ whatevcr form imparted to LOGIS or the City by OS1 in connection with 3SI's p' r ornanc?+>?u PrOP-$**+t Letmy + to Q!%?bJ ill be e s afeg!idrded by the City to the same extent that which in no event will be less than that which a reasonably prudent goveinmental unit would exercise under similar circumstances. To those ends, the City agrees to take reasonable staps necessary to ensure that the GEMUNIS/3000 System and all information related thereto are not made available by the City or by any of its agents, servants, and employees to any other person, firm or entity, except as permitted by the contract. The City further agrees to take reasonable steps necessary to ensure that 211 those above-named individuals having access to the GEblUNIS/3000 System will observe and perfo-rr;l the obliga- t ions hereby undertaken 3 y the City. 3. ever it appears on copies, in whole or in part, in any form including partial copies ing the GEXLNX/3000 System, inclusive of, but not limited to, documents and the . manuals deliv'ercd under the contra-cT 5. (4,Ol(g)) To the extent that the City modifies any document or manual delivsred to it relating to the GE$IUNIS/3000 System pursuant to the contract, or incorporates any information from a document or manual delivered to it pursuant to the aforementioned license into a publication originating with the City for dissemination by the City, then, and in such event, the Ciry will first comply with the provisions of Paragraph 4.01(f) of the contract, 2s embodied in Para- graph 4 of this Resolution, and the City will disseminate such document only-to its agents, servants or employees. 6. effective as of the date provided therein. Notion for adoption of the resolution was seconded by Councilman Bredesec. uards its proprietary material, (4.01(e)) The City will reproduce and include OSI's copyright notice wher- and modifications, of the computer programs and other materials compris- P 62 P 4 e .a The City makes the foregoing covenants, which run to the benefit .of LOGIS ' and to OSI, in fulfillment of the City's obligation under the contract, and Rollcall : Ayes: Bredesen, Courtney, Echards, Schmidt, Van Valkenburg Nays: None Resolution adopted. ._ TJERLAY ____I___ ON CROSSTOWN --- HIC-HC\rAY/V&LEY - VIEW ROAD BRIDGE APPIiCi7ED. As recommended by 1.1~. Hoffrilz~, Couricflzi&n Xcbards offered Zhe f ollcwing resolutio~ vlrf -~?ved its adoption: I?HEREAS, plans for Heraepin County Project No. 7739 (S.P. 27-662-36) shox~Lng -pro- posed alignment, profiles , grades and--crass sections, together w5th specifics- tions and special provisions for the improvement of County State Aid Irtghay No. 62 within the limits of the City as a Federal Aid Project have bee2 pre?ared and presented to tile Clty of Ediiia; provisioas LE in all things approved. Kotion for adoption of the resolution was seconded by Councilman Courtaey. JSESOLUTION -=.T aOd, 7 TIXREFORE, BE IT RESOLVED that said plaas, specifications uld speciaL Rollcall : Ayes: Bredesen, Courtney, Richards, Schmidt, Van Valkenburg: Nays: None t Resolution adopted. YORK AVEhm --~ SIGNAL INTERCONNECT APPROVED. pan Richards offered the follow5ng resolution and moved its adoption: As recommended by Nr. Hoffman, Council- RESOLUTION APPROVING PLANS AND SPECIFICATIONS a HENNEPIN COUNTY PROJECT NO. 7635 FOR CSMi 31 FROM WEST 69TH STREET TO WEST 76TH STREET FJHEZEAS, plans for Hemepin County Project Eo. 7685 showing the proposed traffic control signal interconnect on County State Aid Highway No. 31 (York Avenue) from West 69th Street to West 75th Street, together with the Specif3cations and Special Provisions for the construction thereof within the limits of the City as a County project have been prepared and presented to the City; NOW, TIIEREFORE, BE IT RESOLVED that said Plans, Specifications and Special Prc- Motion fur adoption of the resolution was seconded by Councilman Courtney. visions be in all things approved. -.-_ +* 7 *I Rollcall: Ayes: Bredesen, Courtney, Richards , Schmidt Van Valkenburg Nays: None "I Resolution adopted. - "- XECREkTIONAL VEBICLE OXIJIXANCE IIEAIUNG SCKEDULE QUESTIONED. gentlenun in the audience asked when the recree tional vehicle ordinznce would, be on the zrger,da snd was to3.d thzt it would be considered on November 5, 1!??.9. He said that his hone faces on the Crosstown Highway and that, sime no neighbors would be bothered by his vehicle, he would hope to continue leaving it parked in his driveway. No action vas token. ZOHNSTOH PROPERTY COhrDEllNATION QUESTIONED. In response to a question from an uaidentified gentleman in the audience in regard to the condemnation of the John- ston property, Nr. Rcsland and Mr. Ericltson advised that the Council would be meeting in privata session to consider the matter inasmuch as the condemnation is under litigation. be public record and residents will be advised of the Council's decision. act ion was taken . An uciden tif :kd I Mr. Erickson :advised that once the decision is made, it will No FRAXKING PRIVILEGES REQUESTED FOR ABSENTEE BALLOTS AND VOTER REGISTRATION. Councilman Courtney offered the following resolution and moved its adoption:.. RES OLUT ION TJHEXEAS, in the State of Minnesota, individual municipalities and the various counties have been responsible for costs incurred for postage for mailing voter registratLon cards and for mailing absentee ballots; and Tm-REAS, since registration of voters by mail has become legal in Hnnesota, an iacreasing nunber of voters have taken advantage of this forin of registration, 'causing zdditiond expenditure of funds by municipalities and by counties; and F-7HZREASJ the recent continuing t'rend of increased use of absentee ballots will contime to cause an ever increasing expenditure to cities and counties in Xirme- sota at a tine when every effort is being made to reduce governmental spending; and IBEREAS, the cost of postage stamps has been continually escalating; and. FJHEREAS, the combination of all of these factors has increased the cost of con- ducting elections to a poict which is Icaushg great concern to election offfeials; >?OW, TJBREFORE, BE IT RESOLVED that the Edina City Council does hereby urge. that franking privileges be grante6 for all abseatee ballot mailings as- well as for t-fie mailink of absentee voter registrations; and BE IT ESOLVED FUilTHBR that a copy of this resolution be sent to the appropriate Cornittees of the United States Congress, the State and Federal Representatives of the City of Edina, the Hinnespta Secretary of State, the International Instli- tute of Xunicipal,: Cierks, the Minnesota Nunicipal Clerks Associatim and to the Bertnepin County Board of Commissioners. Xoticzi for adoption of the resolution was seconded by Councilmiin Richards. I ~ Rollc2ll: Xays: None Ayes: Bredesen, Courtney, Richzrds, Schntidt, Van Valkenburg I* WesoEuticn adopted. - x_ -I . LIQiJOK XEPOXTS, AS OF JULY 31 ABD AUGUST 31. 1979, were presented by Nr. Dalen, reviewed, ad ordered placed on file by motion of Councilman Bichards, -seconded by Cc&ilwo&n Schmidt. Ayes: SreGesen, Courtney, Pichards, Schpidt Van Valk.enburg Xays: Nc~e '* 34otiou czrried . B.R.A. REPORT AIDPIOIED. Nr. Dalen presented the H.R.A. Financial Statement ES of August 3i, 1979, which statement was reviewed and ordered placed on file by I. EotiDn of Counciiwomzn Schmidt, seconded by Councilinan Bredesen. ' I1 Ayes : Bredesen, Courtney, Richards, Schidt, Van Valkenburg Uzys: Xone 6 -. I Eotion carried SALE OF $1,500,000 DPF-OTZIENT BONDS APBXOVED . L'olloninn resolution and moved its adoption: Councilman Ccurtney off ere6 the : %: >$ - &SOLUX'IOS RbELATING TO $1,500,000 TEM?ORARY IMpROVEl*EhT BONDS ; -a ATllTHORIZING THE ISSUANCE AND SALE TmREOF BE IT XESOLVED by <he Council of the City of Edina, Hnnesota, as follor\rs:. + Section 1. Authorization and Sale of Temporary Improvement Bonds. This Council has heretofort?* ozdered, in accordance with the provisions of Zincesota Statutes, Chzpter 429, and. after public. hearing as' required by law, the constructitm ;of various improvemats as Fre fully descryied below (the Iniprcvemznts), 2nd has duiy ordered, received and approved the plans and specificatioos znd entered 'into contracts for tl;e construction of %he Improvements after prcjer ad-mri5sc- r. I inent for bids. Xinprhvemeut projects which have bden as IMPROVEMENTS Street Improvements NO. BA-21OA $ 36,543.76 NO. BA-230E 29,082.74 NO. BA-231C 20,426.56 NO. BA-232 9,890.18 NO. BA-233 12,167.01 NO. BA-234 13,6 12.26 NO. BA-235 6 , 739.34 NO. BA-236 7,923.43 NO. BA-237 29,340.85 1 NO. BA-238 55,679.25 NO. BA-239 252,889.48 No. 138 (A) $ 114,958.46 No. 160 (A) 12,220.94 The designation and estimated total cost of each of the Ixprove- .--I= less#&m& -9- ived .&mw,&bwQ allm. cia1 .*essmw*s fc.. . 3 as follows: 4 Estimated Tot23 Cost - Storm Sewer Improvements - $ 474,294.86 No. 161 360,316.89 Sanitary Sewer Improvements No. 3428 $ 10,253.60 No. 349 (A) 20,633.20 NO. 350 (A) 31,249.64 No. 351 (A) 9,012.30 Watermain Improvements No. 319 -(A) No. 3268 No. 333 (A) No. 334 (A) * No. 335 (A) 0 th er Improvements Traffic Signal No. TS-5 Street Improvsment No. B-89 Sidewdlk No. S-25 . Grading No. C-128 (A) Grading No. C-129 (A) P.?,rt-ing ?le. ??-12 TOTAL 49,036.04 2,595.60 10,655.12 16,506.00 12,681.07 487,496.29 '. * 71,145.74 91,473.83 $ i82,1;84.75 14 1 , 450.64 33,391.72 13 , 464 .OO 9,941.02 ~ 3,607.64 384 , 039.77 $1,508,453.49 .-_- - Less sums received from tnstallments of special . assessxents: This Council hereby determines that it is necessary for the City 04 Edina to issue and sell its Temporary Improvement Bor;ds, Series 1979, in the principzl ainount of $1,500,000 (the Bonds), to finance the construction of the Improvemenx, hcluding every item of cost of the kizlds autliorized in Minnesota Ezatutes, Section 475.65. Section 2. Sale, Publicatfon of Notice. Thfs Council shall meet at the time and place specified in the Official Notice of Sale set forth Ln Section 3 for the purpose of receiving and considering bids for and awarding the sale of the Bonds. The City Clerk is hereby authorized and directed to cause the Official Notice of Sale to be published in the official newspaper and in Conmercial West, publisheti aZ Miiineapolis, Minnesota, not less than ten days prior to the date of said meting. Section 3. Foim of Official Notice of Sale. The following Official Notice 2f Sale shall constitute the terms ar:d corditions for the sale of the Bonds: NET TOTAL $ OFFICIN, IIOTICE OF 20ND SALE $1,500,000 Temporary Improvement Bonds Series 1979 NOTICE IS HZREBY GIVEN that the City Council of the City of Edina, Minnesota, will. meet at the City Hall in the City on Noveillixr 5, 1979, at 7:OO o"c1ock P.M., %o receive, open and consider bids for- the purchase cf $1 , 5C0,OOO Temporaiy Improve- mcmt Scads, Series 1979 (hereinafter the Bonds) , to 1;e issued on thz fdLoxIs2:g term : T1.e Bonds ~Ll.1 be dated November I, 1979., and will mature on November 1, 1981, without opt ion of prepayment. Negotiable coiipon , general obligation, in bearer for= and nunhred ccnsccutZvely, in dcmminations of $5,000, or any multiple thereof, as requeqted by tire SUCCCSS- DATE AND MATURITIES 'TYPE AND PURPOSE 198 IO/ ii 79 . ful bidder within 48 hours after award 02 sale. The Bcjnds arc being iseced ts provide fnterim financing of local iniprovemcat projects in the City t~pder the provisions of Xinnssot a Statutes, Chapters 429 and 475. fnterest en the BoEds will be payable on Kay 1 and November 1 in the years 1959 and 1931, commencing Play 1, 1350. The BoRds must bear Tnterest from date of issue uztil paid at a single, unir"orm rste. the net effective rate may exceed 7%. permitted. Principal and interest will be made payable rt my suitable bank in the United States desisated 5y the successful bidder within 48 hours after mgrd of sale, subject to approval by the City Council, acd the City will pay the reasonable and customry paying agency charges. 'FEthin 30 days after sale, the City will furnish and deliver at th6 office of the purchaser or, at his option, will dqosit with a bank in the United States seleceed by him and approved by the City as its agent to penit examinatLon by and to deliver to the purchaser, the printed and executed Bonds, the opinion of bond ccunsel, and a csrtificate stating that no litigation ic any maiinc: quest- ioiiing their validity is then threatener! cr pending. agent mast .be paid by the purchaser, but 211 other costs, with the exc::tiac af the printing of CUSP prchase price mst be paid upon delivazy of the Bonds, in fmds availsble for expenditure by the City on the date of payrient. The City will assume no obligation for the assignment or prirrting of CUSXP numbers oa the Bonds or for the correctness of any numbers printed thereon, but w;11 permit such assignment and printing to be done at the expensa of the pur- chaser, if the purchaser waives any ex?mnsicn of the trme of delivery cmsed thereby. 1 Sealed bids marked "Bid for $1,500,000 Temporary Improvement Zonds, Series l979" li;ust be mailed or delivered to the undersigned and mcst be receivcci prior to tkc -;he of said meeting. 3y a cashier's or certified check or bank draft in the arnaunC, of $>~,ooo, iJaJ&h? +o the City Treasurer-Finance Director, to be retained by the Cirv d~ liqui6ztecl damges if the bid is accepted and' the 32cicier fails co corn?ly *:here+th. Ine bid statiag the lcxest net interest cost (tot21 interest fra dnte of Bonds Zo stated maturities, less any cash premicrn) , will be deeiaed thc mst f217orakie. tBe event that txo or more bids state the lowest net interest cost, the sale of .the Bonds will be awarded by lot. No oral bid and no b2d of less than ti12 ?rkci-pai ainount of the Bonds plus accrued interest on all of the i3on6s will be cansidersd, and the City Council reserves the kight to rzject eny and all bids ad to vai7e a;ry iafarinality in any bid. Dated: October 1, 1979 I 1- 'I MTES , INTEEST ?AY>ELT DATES Neither the rete of 5nterest nor Xo supplenental or "B" coupons will be 'L PAYIXG AGENT I DELIC'ZRY The charge of the dzlivery numbers as indicated, will be paid by the City. The CLTIP . TYPE OF BID - AIIX.JHT Each bid must be unconditional and must be eccornpnied I ...- In BY ORDER GF THE E3I?JA CZTY CC3?3CTS Florence 3. Hallberg City Clerk Edina, Enzesota Section 4. Official Statement. The CLty Treasurer-Finance Directcr is hcrFby authorized snd directed to prepare on behalf of the City an Oiffcial State=at to be distributed Eo potential purchasers of the Bonds. shall cloatain the Official Notice of Sale set forth in Sectio3 3 LEO^ mc?- such other infometion as shall be deem& sdviszbie and necessary to adequztefy describe the iity of Edina and the security, terms and conditions of the Bozrils. Eotioil for adoption of the foregoing resolutim was duly seconded 'by CouncLliea Echasds . -1 Siich Official Statemat u Eollcall : Ayes: Rredeselz, Courtney, Xichards, Schmidt ,. Van VaLkmburg >jays: MGD~ ,Resolution+ adopted, E.R.A. BOND LEW CASCELLED. As recomma6ed by Mr. Dalcn, Covncilwonm. Schmidt dr'ered the follow5ag resolution and moved its adopcfcn: RESOL3T'ION CAICELLING GEMELAL OBLIGATIOW EEDEVELGI?E?IT EOBDS OF 19 75 (HOUSING AlJD P'DEVEL@P?EKJ AUTIIORII'P) AD VALGIIEM TAZES COILECTIBLE with ?9SO . .. . ., 199 cc&l~2ctible with and as a F4"3AS Minnesota Statute levies providicg mneys are on hand for payment of principal and interest for said bond 5ssue; and it has been determined by this Council that the required moneys are on hand for the payment of said principal and interest; NOW, TIIEREFORE, BE IT RESOLVED by'the City Council of the City of Edina that those ad valorem tax lews made by resolution of this Council, adopted November . 3, 1975, and collectible \kith and as a part of other general property taxes in said City for the year 1979, be and are hereby cancelled; and RE IT FUR'TEER RESOLVED that the County Auditor of Hennepin County, 3Ennesota, be authorized and directed to cancel the above described ad valorem tax levys and to delete said lcvys from taxes to be spread for the year 1980. Motion fur adoption of the resolution was seconded by Councilman Bredesen. Li 1. .. . Roilcall : Ayes: Bredesen, Courtney, Richards, Schmidt, Van Valkenburg Nays: NGne Resd.lution adopted. ONE COKTORATE CENTER 111, EDINA, GRANTED FINAL PLAT APPROVAL. Mr. Hughes pre- sented One Corporats Center 111, Edina for final plat approval, recalling that, at the Council Meeting of September 17, 1979, preliminary plat approval vas granted with the condition that stipulations of the Community Developmenr and Planning Cmmission be met sad an agreement reached as to the subdivisioiz dedi- cation before final plat shall be approved. ents have agreed to pay a subdivision dedication fee of $15,000, along with the dedication by warranty deed of the 235 Creek, which proposal would satisfy City requirements for all future developments for the area South of the T.H. 100 Frontage Road. Mr. Al Shackman, representing Ryan Construction Company, agreed to these two conditions, and also agreed that :. the assessments on the area to be dedicated will remain with the property not dedicated, and further agreed that the developer will pay the taxes on the pro- perty to be dedicated which are payable in 1979. Councilmzn Courtney thereupon offcred the following resolution and moved its adoption: &. Hughes advised that the propon- acre tract of land abutting Nine Nile RESOLUTION GWTING FINAL PUT APPROVAL FOR ONE CORPORATE CENTER 111, EDIm 'BE IT P3SOLVXD by the City Council of the City of Edina, Xinnesota, +,!;at that rertziii plat entj-tled "he Corporate Center 1x1, Edina:', pLa71ce6 by james 3. Ryczn, ?.ice President, Ryan Properties, Inc. , a Minnesota Limited Partnership, General Partner, and Northwestern National Life Insurance Coinpany, and presented at the EdirLa City Council Meeting of October I, 1979, be and is hereby granted final plat approval, with the condition that the developers pay a s~3division dedication fee of $15,000, provide a warranty deed for the 2% acre tract of lznd abutting Nine Mile Creek, that the assessments on the area to be dedicated will remain with the property not dedicated and that the developer pay the taxes on the property to be dedicated which are payable in 1979. Hotion for adoption of the resolution was seconded by Councilman Richards. Zollcall : Ayes : Bredesen, Courtney, Richards, Schmidt , Ya?. Valkeriburg Mays: None Resolution .z.dopted. CLAIMS PAID. Xotim of Councilwoman Schmidt was seconded by Councilniari Xch- ards for payment of the following claims as per Pre-List: General Fund, $30,921.71; Park Fund, $7,.626.53; Art Center, $3,061.75; Park Construction, $5,420.03; Swimming Pool, $2,788.17; Golf Course, $4,933.88; Arena, $7,543.55; Gun Range, $1,640.46; Water Fund, $5,319.71; Sewer Fund, $430.97; Liquor Fund, $2,956.98; Constructicn, $2,393.25; Total, $75,066.99. , Nays: None Ayes: Bredesen, Courtney, Richards, Schmidt, Van Valkenburg Notion' carried. Council's agenda having been covered, Councilman Bredesen' s motion for cdj ourn- ment was secoilded by Councilman Richards and carried. Adjolirnment at 3:15 D.l-9.