HomeMy WebLinkAbout19811005_regular,_ 234 MINUTES
OF THE REGULAR NEETING OF THE’
EDINA CIlY COUNCIL HELD AT CITY HALL
OCTOBER 5, 1981
Answering rollcall were Members Bredesen, Richards, Schmidt, Turner and Nayor .
” Courtney.
MINUTES of the Special Meeting of September 14, 1981, were approved as submitted
by motion of Member Schmidt, seconded by Member Turner.
Ayes: Bredesen, Richards, Schmidt, Turner, Courtney
Nays: None
Motion carried. I- XINUTES of the Special Meeting of September 17, 1981, were corrected to include
the statement, “Member Bredesen stated that he felt the overall personnel services
increase of 10.5% was excessive”, by motion of Member Schmidt, seconded by Xember
Bredesen.
Ayes: Bredesen, Richards, Schmidt, Turner, Courtney
Nays: . None
Motion carried.
YORKTOGT DAY PROCLAIMED.
PROCLAMATION
WHEREAS, October 19, 1981, is the 200th anniversary of the surrender of Cornwallis
at Yorktown, which formally concluded the long and dedicated struggle by our
patriotic forefathers for those political, economic, and religious freedoms which
have formed the foundations of our prosperity, happiness and unequalled greatness
as a nation;and
KEEREkS, it is fitting that this dramatic and singular event in our history be
celebrated in such a manner as to inspire a love of country and an understanding
of the principles upon which our nation was founded; and
WEEREAS, a retrospective view of our history instills in us a renewed spirit of
dedication to our ideals;
NOW, TiXEFOXE, I, C. Wayne Courtney, Mayor of the City of Edina, do hereby
proclaim October 19, 1981, to be
YORKTOWN DAY
in the City of Edina and do urge citizens of Edha to observe this historic
celebration and to recognize the spirit of courage and self-sacrifice which
animated our patroit ancestors.
Mayor Courtney issued the following Proclamation :
SALE OF $4,500,000 GEhERAL OBLIGATION TAX INCREMENT BONDS APPROVED.
presented affidavits showing publication of the Notice of Sale for the $4,500,000
The City Clerk
General Gbligation Tax Increment Bonds, Series of 1981 of the City in the Edina Sun
and in Comiiercial Vest, as required by law and as directed by a resolution of the
and directed to be filed in the office of the City Clerk.
that 2 sealed bids for the $4,500,000 General Obligation Tax Increment Bonds
Series 1951 had been received prior to the time designated in the Official Notice
of Sale for the opening of bids. Pursuant to the Official Notice of Sale and the
bids ~7ere then opened and publicly read and considered, and the terms of each
were determined to be as follows:
. Council adopted August 31, 1981. The affidavits were examined, found satisfactory
The City Clerk reported
Total Dollar
Bidder
Harris Trust and) Joint
Savings Bank 1
The First Na- )
tional Bank of )
Chicago 1
Nerrill Lpch )
White Veld 1
Capital Markets)
Group 1
Co., Inc. 1
John Ihveen & ) Managers
Chemical Bank
Reynolds In-
corporated.
Bache Halsey
Stuart Shields
Incorporated
Bank of Oklahoma
N, A.
. Dean Witter
€rice Interest Rates Interest Cost
$4,443,125. 1984 - 9,5G% $3,549,325
..
1985 - 9.50X
1986 - 9.70%
1987 - 9.852
1988 - 19.00%
1989 - 10.20%
1990 - 10.40%
1991 ,- 10.60%
1992 - 10.80%
1993 - 11.00%
Effective Net Interest Rate - 10.5165%
Total Dollar 235
Price Interest Rates In t eres t Cost -
”
Bidder
Trust Company
N.A., St. Louis
Stern Brothers
& co.
Juran h Eioody, Inc,
Hutchison, Shockey,
Erley & Co.
Channer Newman
Securities Co.
Van Kampen Filkin
& Merritt Inc.
In Association With
The C‘nase Manhattan
Bank, N.A. , Manager
Drexel Burnham Lambert
L. F. Rothschild,
Merchantile
, Incorporated
I
Unt erb erg Towbin
Colin, Hochstin Co.
Altgelt & Company,
Incorporated
Bevill, Bresler & .
S chulman Incorporated
Barr Brothers & Co.
Inc .
I
1984 - 9.50% $3,601,575
1985 - 9.75%
1986 - 9.90%
1987 - 10.00%
1988 - 10.20%
1989 - 10.40%
1990 - 10.55%
1991 - 10.70%
1992 - 10.90%
1993 - 11.00%
$4,432,950 _. First National) Joint
Bank of ) Managers
Minneapolis . )
Banc Northwest)
Allison-Williams
& Company
American National
Bank S. Trust Company
Blpth Eastman .Paine
Webber , Incorporated
Cronin & Marcotte,
Incorporated
The First National
Bank of St. Paul
Kidder, Peabody &
Company, Incorporated
Piper , Jaf f ray &
Hopwood, Incorporated
E.F. Hutton Company
Robert W. Baird &
Co., Incorporated
Dougherty Dwakins
Strand & Yost,
Inccrporated
Incorporated
Incorporated
Bank of Minneapolis
Moore, Jiiran & Company,
Dean Witter Reynolds,.
Marquette National
M. H. Novick & Company,
Robert S. C. Peterson
After consideration of the foregoing bids, Member Schmidt introduced the following
resolution and moved its adoption:
Inc . a.
RESOLUTION RELATING TO $4,500, ooo GENERAL OBLIGATION TAX
Effective Net Interest Rate - 10.671%
INCREMENT BONDS , SERIES 1981; ~ AWARDING THE SALE THEREOF
BE IT RESOLVED by the City Council of the City of Edina, Minnesota cthe City), as
follows :
(a) and 462.581 and 1”Iinnesota Statutes, Chapter 475, and pursuant to a resolution
adopted on August 31, 3.981, entitled “Resolution Relating to $4,50O,OOO Gcnerd
Obligation Tax Increment Bonds , Series 1981; Authorizing the Issuance and Cnlljng
for the Public Sale Thereof” (the Resolution) authorized the issuance of 2nd
ordered that a public sale of $4,500,000 General Obligation Tax Increment Bonds,
1. This Council, under -the authority of Minnesota Statutes, Sectio:is 273.77
236 Series 1981 (the Bonds) be held on this date. Notice of the public sale of the
Bonds was duly given as required by Minnesota Statutes, Section 475.60. In
accordance with the Terms and Conditions of Sale for the Bonds, 2 sealed bids
were received for the Bonds by the City Clerk prior to 7:OO o'clock P.M. on this
date.
this Council, and the terms of each have noW been determined.
iates, for the purchase of the Bonds on the terms set forth in the Terms and Condi-
tions of Sale at a price of $4,443,125 plus accrued interest from the date of the
Bonds to tlie date of delivery thereof, the Bonds to bear interest at the rates set
forth in Section 3 hereof, results in a total dollar interest cosr (determined by
the addition of any discount to and tlie deduction of any premium from the total
interest on all Bonds from their date to their stated maturity) of $3,549,325,
Tqhich is the lowest net interest cost of all bids received pursuant to the Official
Notice of Sale and is therefore declared to be the best bid received and is hereby
accepted.
execute a contract for the sale of the Bonds to Harris Trust and Savings Bank in
accordance with the terms of said bid, the Official Notice of Sale and this reso-
lution. .
maturing in the years set forth below shall bear interest at the respective rated
.
Those bids have been opened and publicly read along and considered by - 2. The bid of Harris Trust and Savings Bank, of Chicago, Illinois, and assoc-
The Mayor and the City Nanager are hereby authorized and directed to
3. Pursuant to the bid accepted by this Council and by this resolution, Bonds
Year
1984
1985
1986
1987
1988
4. The City Financ
-
per annum set forth opposite such years, as follows:
Year
1989
1990
1991
1992
1993
Rate
9.50%
9.50%
9.70%
9.85%
10.00%
Director-Trea
Rate
10.20%
10.40%
10.60%
10.80%
11.00%
urer is directed t retain the urch ser's
check 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.
Tne Official Statement relating to the Bonds is hereby approved, and the
City Finance Director-Treasurer is authorized to certify to its correctness and
completeness as provided in the Official Statement.
The motion for the adoption of the foregoing resolution was duly seconded by Member
Turner, and upon vote being taken thereon, the following voted in favor thereof:
5.
Ayes: Bredesen, Richards, Schmidt, Turner and Courtney
Mays: None
whereupon the resolution was declared duly passed and adopted and was signed by the
Hayor, whose signature was attested by the City Clerk.
.
Attest:
%& -a. /&A-
Acting City Clerk
After some discussion, Member Schmidt introduced the following resolution and
moved its adoption:
RESOLUTION RELATING TO $4,500,000 GENERAL OBLIGATION TAX INCmNT
BOANDS, SERIES 1981; FIXING THE FORM AND DETAILS, PROVIDING FOR
THE EXTCUTION AND DELIVERY THEREOF AND THE SECURITY
THEREFORE AND LEPYING TAXES FOR THE PAYMENT THEREOF
BE IT RXSOLVEE.by the City Council of the City of Edina, Minnesota (the City) as
f olloxis :
Section 1. Recitals.
1.01. Authorization. Pursuant to the provisions of Minnesota Statutes,
Sections 273.77(a) and 462.581 and Minnesota Statutes, Chapter 475, The City Council
of the City has authorized the issuance and sale of its General Obligation Tax
Increment Boads, Series 1981 (the Bonds) in the principal amount of $4,500,000 for
the'-purpose of providing funds for the payment of the public redevelopment costs
needed for a redevelopment project (the Project), to be undertaken in accordance
with the Southeast Edina Redevelopment Plan, previously established by the Housing
and Redevelopment Authority in and for tlie City of Edina (the Authority) and
spproved by the City.
segregate and to pledge and appropriate tax increments resulting from redevelop-
ment of a project area, designated as the Southeast Edina Project Area (the Project
kea) , as certified by the County Auditor of Helinepin County from year to year,
pursuant to' Minnesota Statutes, Section 462.5S5, Subdivision 4. The present esti-
mated public redevelopnent costs to be financed with the proceeds of the Bonds are
as follows:
For the payment of the Bonds the Authority has agreed to
237 Acquisition of Land $4,250,000
Legal, Fiscal, Administrative,
Capitalized Interest 162 , 000
Bond Discount 88,000
TOTAL $4,500,000
1.02. Sale. A public sale of the Bonds was held on October 5, 1981, and this
Council, by resolution adopted on that date, accepted the bid of Harris Trust and
Savings Bank, of Chicago, Illinois (the Purchaser) to purchase the Bonds on the
terms and conditions set forth in the resolution and the Official Notice of Sale.
1.03. Issuance of Bonds. All acts, conditions and things which are required
by the Constitution and laws of the State of Minnesota to be done, to exist, to
happen and to be performed prior to the issuance of the Bonds having been done,
existing, and having happened, it is now-necessary for this Council to establish
the form and terms of the Bonds, to provide for the security thereof, and to
issue the Bonds forthwith.
Section 2. Form of Bonds and Coupons.
2.01. Form of Bonds. The Bonds shall be prepared in substantially the
. following form:
UNITED STATES OF AMERICA
STATE OF MINNESOTA
COUNTY OF HENNEPIW
m 0
CITY OF EDINA
GENERAL OBLIGATION TAX INCREMENT BOND
SERIES 1981
No. $5,000
KNOW ALL MEN BY THESE PRESENTS that the City of Edina, Hennepin County,
0 -3 Minnesota (the City), acknowledges itself to be indebted, and for value received,
. hereby promises to pay to bearer upon presentation and surrender hereof, the . 53 a principal sum of
on October 1, '19
from the date hereof until said principal sum is paid, at the rate of
percent ( W) per annum. Interest hereon is payable semiannually on April1
and October 1 in each year, commencing April 1, 1982, in accordance with and '
upon presentation and surrender of the interest coupons hereto appurtenant.
Both principal and interest are payable at the Harris Trust and Savings Bank,
in Chicago, Illinois, or its successor as paying agent, in any coin or currency
of the United States of America which on the respective dates of payment is legal
tender for public and private debts.
principal and interest as the same become due, the full faith, credit and taxing
powers of the City are hereby irrevocable pledged.
This Bond is one of an issue in the aggregate principal amount of $4,500,000
(the Bonds), all of like date and tenor except as to serial number, interest rate
and maturity date, issued for the purpose of providing moneys in aid of a redevelop-
ment project to be uEdertaken in accordance with the Southeast Edina Redevelopment
Plan, in anticipation of the collectioa of tax increment resulting from the re-
development of the Project Area, as certified annually by the County Auditor of
Hennepin County, pursuant to Minnesota Statutes, Section 462.585, Subdivision 4;
and is issued pursuant to and in full conformlty with the provisions of the
Consititution and laws of the State of Minnesota thereunto enabling, including
Minnesota Statutes, Section 462.581, Section 462.555, Section 273.77(a) and
Chapter 475.
tions and things required by the Constitution and laws of the State of Minnesota
to be done, to exist, to happen and to be performed precedent to and in the
issuance of this Bond in order to make it a valid and binding general obligation
of the City according to its terms have been done, do exist, have happened and
have been performed in regular and due form, time and manner; that all taxable
property within the City is subject to the levy of a direct, annual, ad valorem
tax, which has been levied and is required to be extended, assessed and collected
€or the years and in such amounts as may be required to pay the principal and
interest on the Bonds of this issue when due, which levy is not limited as to
rate or amount; and that the issuance of t1ii.s Bond does not cause the indebted-
ness of the City to exceed any constitutional or statutory limitation.
IN WITNESS LXEIXEOF, the City of Edina, tiennepin County, State of Minnesota,
by its City Council, has caused this Bond to be executed by the facsimile signa-
ture of the Mayor znd the manual signature of the City Manager, and by a printed
facsimile of the official seal of the City, has caused the interest coupons
appurtenant hereto and the certificate appearing on the reverse side hereof to
be executed and authenticated by the, facsimile signatures of said officers, and
has causeci this Bond to be dated as of October 1, 1981.
ATTEST :
FIVE THOUSAND DOLLARS , without option of prior payment, and to pay interest thereon
For the prompt and full payment of such
,
IT IS HERESY CERTIFIED, RECITED, COVENANTED IYD AGREED that all acts, condi-
(Facsimile signature) ---- City Manager Mayor
(FACSIMILE SEAL)
.. 235
._
2.02. Form of Coupons. Interest on each Bond to maturity shall be represented
by a consecutively number set of interest coupons printed in substantially the.
following form : 1
No $
On the first day of April (October) 1, 19-> the City of Edina;Hennepin
. County, Ffinnesota, will pay to bearer at the , in Y , the sum shown hereon in coin or currency of the United Statessoof America
which at the time of payment is legal tender for payment of public and interest
October 1, 1981, No.
then due on its General Obligation Tax Increment Bond, Series 1981, dated I
I (Facsimile signature) (Facsimile signature)
City Nanager Nayor
2.03. Form of Certificate. A certificate in substantially the following form
shall be printed on the reverse side of each Bond, following a copy of the text of
the legal opinion to be rendered by Bond Counsel:
We certify that the above is a full, true and correct copy of the legal opin-
ion rendered by Bond Counsel on the issue of Bonds of the City of Edina, Ninnesota,
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 General
Obligation Tax Increment Bonds, Series 1981. The Bonds shall be dated as of
October I, 1981, shall be 900 in number and numbered serially from 1 to 900, inclu-
sive, each in the denomination of $5,000, shall mature serially on October 1 in the
years and amounts set forth below, and the Bonds of each annual maturity shall bear
interest from date of issue until paid at the rate per annum shown opposite the
year of such maturity as follows:
Year Amount Rate
1984 $450.000 9.50%
Year Amount Rate *< -
1989 $450,000 10.20%
1985 $450 000 9.50% 1990 $450 , 000 10.40%
1986 $450,000 9.70% * 1991 $450,000 10.60% I I987 . $450,000 9.85% 1992 $450,000 . 10.80% - *a
1985 $450,000 10.00% 1993 $450,000 11.00%' , -
3.02, Interest. Interest OR the Bonds shall be payable on April 1, 1982, and
3.03. Paying Agent. The Purchaser has designated Harris Trust and Savings Bank,
semiannually thereafter each April 1 and October 1.
in Chicago, Illinois, as paying agent. mat recommendation is hereby approved. -
T'ne City will pay the usual and customary charges of said paying agent for the
receipt and disbursement of principal and interest moneys. The principal of and
interest on the Bonds shall be payable at the principal corporate trust office of
the paying agent designated herein, or, in the event of its resignation, removal or
incapability of said paying agent, at the ofEice of such successor paying agent as
may be approved 6y this Council. Upon merger or consolidation of the paying agent
with another corporation, if the resulting corporation is a bank of trust company
authorized by Yaw to conduct such business, such corporation shall be authorized
to act as successor paying agent. No resignation of the paying agent and no appoint-
ment of a successor paying agent shall become effective until the date specified in
a notice which the City Clerk shall cause to be printed in a daily or weekly period-'
ical 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 befpre said effective date.
of the City Manager and the City Finance Director-Treasurer and shall be executed
oi~ behalf of the City by the signatures of the Mayor and the City Manager, and.
shall 6e sealed with the official corporate seal of the City, provided that one of
said signatures and the corporate seal may be prznted, engraved, or- lithograplikd
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 of the Msyor
and City Xanager. The certificatlon 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.
have been so executed and authenticated, they shall be-delivered by the City Finance
Director-Treasurer to the Purchaser upon payment of the purchase price in accordance
with the contract of sale heretofore made and executed, and the Purchaser shall not
be obligated to see to the spplication of the purchase price.
3.04. Preparation and Eelivery; The Bonds shall be prepared under the direction
When, the Bonds
Sectlion 4. Security Provisions.
4-01; Construction Fund. A Construction Fund is ,hereby created as a special
fund an3 designated on the books of the City 3s the "Southeast Edina Reciewlopment
* 1) "
Ar a Construction Furid" (the Construction Puncl) , to b held d adniinist red by
the City Finance Director-Treasuzer separate and apart from all other funds of the
City. The City hereby appropriates to the Construction Fund all of.the proceeds
received from the sale of the Bonds, less the ainount to be deposited in the Eond
Fund , as hereinafter defined , pursuant to Section 4.02 hereof. E.Ioncys on hand
in the Construction Fund from time to time shall be used solely to pay public
redevelopment costs in connection with the project.
Construction Fund upon completion of the Project and payment of all of the costs
thereof shall be transferred to the Bond Fund.
pursuant to Section 4.04 hereof and made payable from the Bond Fund, are out-
standing and any principal thereof or interest thereon unpaid, the City Finance
Director-Treasurer shall maintain the Bond Fund, which shall be designated on the
books of the City as the !I1981 General Obligation Tax Increment Bond Fund" (the
Bond Fund), as a separate and special account to be used for no purpose other
than the payment of the principal of, premium, if any, and interest on the Bonds
or any additional bonds issued pursuant to Section 4.04 hereof and payable from
the Bond Fund. If the balance in the Bond Fund is ever insufficient to pay all
principal and interest then due on the Bonds, the City shall nevertheless provide
sufficient money from any other funds of the City which are available for that
purpose, and such other funds shall be reimbursed from the proceeds of the taxes
levied for the payment of principal of and interest on the Bonds. The City
hereby irrevocably appropriates to the Bond Fund (a) the accured interest on
the Bonds to be paid by the Purchaser and any amount in excess of $4,412,000
bid for the Bonds, and (b) any other moneys appropriated or pledged by the terms
of this Resolution to the Bond Fund, including the tax increments and the taxes.
taxable value of real property within the Project Area according to the assess-
ment of January 2, 1977, is $2,491,311. Under the provisions of Minnesota Sta-
tutes, Section 462.585, Subdivision 3, the County Auditor will include only the
original taxable value according to the assessment as of January 2, 1977, in the
assessed valuation upon which he computes the rate of ail state, county, city,
school district and other taxes, but will extend the rates so determin'ed against
the entire assessed valuation of such real property in 1978 and each subsequent
year, and the County Treasurer will remit to the Authority that the proportion
of the taxes paid each year on such real property within the Project Area which
the excess of the assessed valuation over the original taxable value bears to
such original value. The Authority has agreed to segregate the tax increments
so received until the public redevelopment cost of the Project, including prin-
cipal and interest on the Bonds, has been paid and the City has been fully re-
imbursed for any principal o€ and interest on the Bonds which has been paid from
city-wide taxes herein levied. The Authority has pledged and appropriated the
tax increments to the Bond Fund for the payment of such principal and interest
and the reduction, cancellation and reimbursement of such taxes.
bonds payable from the Bond Fund as may be required to finance costs of the
Project not financed hereby or to finance costs of other projects to be under-
taken by the City within the District.
4.05. Tax Levy. The full faith and credit and taxing powers of the City
are irrevocably pledged for the prompt and full payment of the principal of and
interest on the Bonds and on all other bonds made payable from the Bond Fund,
as such principal and interest become due. It is estimated that the tax incre-
ments appropriated to the Bond Fund in Section 4.02 will produce sums available
for the payment of the Bonds at the times and in the amount required by Minn-
esota Statutes, Section 475-61, and therefor as permitted by Minnesota Statutes,
Section 273.77(a), no taxes are levied for this purpose at the present time.
It is recognized, however, that the City's liability on the Bonds is not limrited
to-the provision of these funds, and that the City is required by Minnesota
Statutes, Section 273.77(a) and Section 475.61, to levy and cause to be extended,
assessed and collected any ad valorem taxes necessary for the payment of princi-
pal of and interest on the Bonds.
thereto have been discharged as provided in this Section 5, all pledges, cove-
nants and other rights granted by this Resolution to the holders of the Bonds
shall cease. The City may discharge its obligations with respect to any Bonds
and coupons appertaining thereto which are due on any date by irrevocably de-
positing with the paying agent on or before that date a sum sufficient for the
payment thereof in full; or, if any Bond or coupon should not he paid when
due, 2t niay nevertheless be discharged by depositing with the paying agent a
sum sufficient for the payment thereof in full with interest accrued to the date
of such deposit.
respeci to any Bonds, subject LO thc provisions of law now or hereafter- auLh--
orizing and regulating such action by depositing irrevocably in escrow, with
a bank qunlified by law as an escrow agect for this purpose, cash or securities
Any amounts remaining in the
4.02. Bond Fund. So long as any of the Bonds, or.any additional bonds issued
4.03. Tax Increment. 'The County Auditor has certified that the original
4.04. AdditioRal Bonds. The City reserves the right to issue additional
Sectioil 5. Defeasance. When all of the Bonds and all coupons appertaining
The City may also at any time discharge its obligatioris wieh
240
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 maturing on such dates as shall be required,
without reinvestment, to pay all principal and interest to become due thereon to
maturity .
and Arbitrage.
a certified copy of this resolution with the County Auditor of Henncpin 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
to the Purchaser and to Dorsey, Windhorst, Hannaford, Whitney & Halladay, Bond
Counsel, certified copies of all proceedings and records of the City, and such other
affidavits, certificates and information as may be required to show the facts re-
lating 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 hereto-
fore furnished, shall be deemed representations of the City as to the facts recited
therein.
6.03. Covenant. The City covenants and agrees with the holders from 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 the Treasury Regulations promulgated thereunder.
Treasurer shall ascertain monthly the amount on deposit in the Bond Fund. If the
of principal and.interest due and payable from the Bond Fund within the next suc-
ceeding 13 months, such excess shall not be invested except at a yield less than
or equal to the yield on the Bonds,based upon their amounts, maturities and interest
rates on their date of issue, computed by the actuarial method be or used to prepay i and redeem Bonds which are then redeemable in accordance with their terms.
additional bonds are ever issued and made payable from the Bond Fund pursuant to
Section 4.04 hereof, the dollar amount in the preceding sentence shall be changed
to equal 15 percent of the aggregate principal amount of all bonds, including the
Bonds, which are then outstanding and payable therefrom. The City reserves the
right to amend the provisions of this Section 6.04 at any time, whether prior to
or after the delivery of the Bonds, if and to the extent that this Council deter-
mines that the provisions of this Section 6.04 are not necessary in order to ensure
thaS the Bonds are not arbitrage bonds within the meaning of Section 103(c) of the
Code and applicable Treasury Regulations.
The Nayor and City Manager, being the officers of the City
charged with the responsibility 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 Section 103(c) of the Code, and Treasury
Regulations, Sections 1,103-13, 1.103-14 and 1.103-15, stating the facts, estimates
and circumstances in existence on the date of issue and delivery of the Bonds which
make it reasonable to expect that the proceeds of the Bonds will not be used in a
manner that would cause the Bonds to be arbitrage bonds within the meaning of the
Code arid Regulations.
.. Section 6. Registration, Certification of Proceedings, Investment of Moneys
6.01. - Registration. The City Clerk is hereby authorized and directed to file
6.02. Certification of Proceedings. The'officers of the City and the County
6.04. Investment of Moneys on Deposit in Bond Fund. The City Finance Director-
amount on deposit therein ever exceeds by more than $675,000 the aggregate amount L
-
If any I
6.05. Arbitrage.
6
6.06. Execution of Documents. The Mayor and City Manager are hereby authorized
to execute and deliver on behalf of the City such dociiments as may be appropriate i
to evidence the pledge and appropriation of the Tax Increment Revenues to the City
The motion for adoption of the foregoing resolution was duly seconded by Member
Turner ad upon vote being taken thereon, the following voted in favor thereof:
by the Authority. L-
' .I Ayes: Bredesen, Richards, Schmidt, Turner, Courtney
Nays: None
whereupon said resolution was declared duly passed and adopted.
SALE OF $4.200.000 GEKERAL OBLIGATI3N TENPORARY IFIPROVENE'NT BONDS APPROVED. The . ._ .,
City Clerk presented affidavits showing publication in the Edina Sun and in the'
Commercial West - of the Official Notice of Sale of $4,200,000 General Obligatiton
~~ ~ ~~ ~ Teinporary Improvement aonds, Series 1981, of the City (hereinafter referred to 2s
the Bonds), bids €or vhich were to be*considered at this meeting as provided in
resolutiorrs'of the City Council adopted August 31, 1981.
exarnined and ordered placed on file.
for the purchase of the Bonds had been received at her office at or before the
time stated j.n the notice, and the bids were then opened and publicly read.and
considered, and were all found to conform to the notice of sale and to be accom-
pani.ed by the required security, +rid the terms of each bid were found to be . as I.
follows :
The affidavits were
The City Clerk reported that 2 sealed bids
SO/S/Sl
.', .
..I
Total Dol 3-41
Bidder Price
Harris Trust and Savings) Joint $4,166,820
Interest Rate Interest Cost I_
9.50% $1~,23O,ZSO
Bank 1
of Chicago 1
Thc First National Bank )
Merrill Lynch White Weld)
Capital MEirkets Group )
John Nuveen & Co., Inc. ) Nanagers
Chemical Bank
Dean Witter Reynolds
Incorporated
Bache Kalsey Stuart
Shields Incorporated
Bank of Oklahoma, N.A.
Mercantile Trust Company
Stern Brothers & Co,
Juran & Moody, Inc.
Hutchinson, Shockey,
Channer Newman Securities Co.
Van Kampen Filkin &
In Association With
The Chase Manhattan Bank,
Drexel Burnham Lambert
L.F. Rothschild, Unterberg,
Altgelt & Company, Incorporated
Bevil, Bresler & Schulman
Barr Brothers & Co., Inc.
N.A. , St. Louis
Erley & Co.
Merritt Inc.
N.A. , Kanager
Incorporated
Towbin, Colin, Hochstin Co.
Incorporated
Effective Net Interest Rate - 9.763%
First National Bank of ) Joint $4 , 158,084 9.75% $1,270,416
BancNorthwest ) knagers
Allison-Williams & Company
American National Bank &
Trust Company
Byth Eastman Paine Webber,
Incorporated
Cronin & Xarcotte,
Incorporated
The First National Bsnk
of Saint Paul
IIedder , Peabody & Company ,
Incorporated
Piper, Jaffray & Hopwood,
' Incorporated
E.F. Hutton Company
Robert W. Baird & Co. ,
Dougherty, Dawkins Strand &
Moore, Juran & Company,
Dean Witter Reynolds,
Marquette Xational Bank
M.H. Novick & Company, Inc.
Robert S. C. Peterscn Company
After consideration of the foregoing bids, Nember Schmidt introduced the followillg
resolution and moved its adoption:
Minneapolis 1
Effective Net Interest Rate - 10.082%
Incorporated
Post Incorporated
Incorporated
Incorporated I).
of Minneapolis
RESOLUTION REJATING TO $4,200., 000 GENERAL OBLIGATION
TE~O~Y INPROVEMENT BONDS , SERIES 1981; LNARDING TIIE
SALE THEREOF AND APPROVTNG THE OFF'CCIkL S TATE2fENT -- THEREP@R
BE IT REsbZVED by the City Council of the City of Edha, Minnesota (the City),
as follows:
1'381 , entitled "liesolu cion Relating to $4,200,000 General Obligation Teempornry
Improvement Bonds, Series 1381; Authorizing the Issuance and Sale Thcrecf"
Section 1. 'Authorization. This Council has by a resolution zdopted ALI~US~ 31,
242 (hereinafter referred to as the Sale Resolution), authorized and determined to
issue $4,200,000 General Obligation Temporary Improvement Bonds, Series 1981
(hereinafter referred to as the Bonds), to provide sufficient funds, together
with funds on hand and available for such purpose for the payment of principal
and interest on temporary improvement bonds previously issued by the City in the
aggregate principal amount of $4,650,000 to defray expenses incurred by the City
in constructing various improvements previously ordered to be constructed by the
City under the provisions of Pliimesota Statutes, Section 429.
the Council has publicly received, opened and considered all sealed bids presented
in conformity with the notice. The most favorable of such bids is ascertained to
be that of Harris Trust and Savings Bank, of Chicago, Illinois, and associates, to
purchase the Bonds at a price of $4,166,820 and accrued interest on the principal
amount thereof to the date of delivery, with the Bonds bearing interest at the
rate of 9.50% per annum from date oE issue until paid, and upon the further terms
and conditions set forth in the Sale Resolution.
orized and directed to execute in duplicate a contract on the part of the City
for the sale of the Bonds in accordance with the proposal described in Section 2,
and to deliver a duplicate to the purchaser. The City Finance Director-Treasurer
is directed to retain the purchaser's check 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.
Section 4. The Official Statement. relating to the Bonds
is hereby approved, and the City Finance Director-Treasurer is authorized to
certify to its correctness and completeness as provided in the'official Statement.
The motion for the adoption of the foregoing resolution was duly seconded by Member
Turner, and upon vote being taken thereon, the following voted in favor thereof:
Section 2. Sale. Notice of sale of the Bonds has been duly published and
Section 3. Contract for Sale. The Mayor and City Manager are hereby auth-
Official Statement.
Ayes: Bredesen, Richards, Schmidt, Turner, Courtney
Nays: None
whereupon the resolution was declared duly passed and adopted and was signed by
the Mayor and attested by the City Clerk. @.%+ck?L Mayor
Attest:
%&%.U
Acting- City Clerk
After some discussion, Member Schmidt introduced the following resolution and
moved its adoption:
R3SOL'UTION RELATING TO $4,200,000 GENERAL OBLIGATION
TDPORARY INPROVEMENT BONDS, SERIES 1981, FIXING THE
DELIVERY THEREOF AND THE SECURITY THEREFOR
FORM AND DETAILS, PROVIDING FOR THE EXECUTION AND
BE IT RESOLVED by the City Council of the City of Edina, Minnesota (the City),
as fo1lows:
Section 1. Authorization and Recitals.
* 1.01. Authorization. The City has previously issued temporary improvement.'
bonds of the City in the aggregate principal amount of $4,650,000 to defray the
expenses incurred in the construction of various local improvements under and 9
pursuant to Minnesota Statutes, Chapter 429 (the Act). All of the temporary
Zmprovement bonds mature on November 1, 1981 and it has been hereby determined
to be necessary for the City to borrow $4,200,000 to provide sufficient funds,--
together with funds on hand and available for such purpose, for the payment of
the principal of and interest on such temporary improvement bonds at maturity.
The City is authorized by the Act, to sell and issue temporary improvement bonds
maturing within not more than three years from their date of issue, in which
event the City shall be obligated to pay the temporary improvement bonds and
interest thereon out of the proceeds of definitive improvement bonds or additional
temporary improvement bonds which the City shall issue and sell at or prior to the
maturity of the temporary bonds, to the extent that they cannot be paid out of
assessments and taxes theretofore collected or otlier funds available and appro-.
priated therefor.
credit and taxing power ofpthe City to payment of any temporary improvement bonds.
It has been determined to be necessary and expedient for the City to sell and
issue its General Obligation Tempbrary Improvement Bonds, Series 1981 (the Bonds)
in the principal amount of $4,200,000, of which amount $82,000 represents interest
provided in Minnesota Statutes, Scction.475.56.
the sale of the Bonds to Rarris Trust and Savings Bank of Chicago,-Illinois, and
associates, on the terns and conditions setaforth in this resolutlon and the
Official Notice of Sale for the Bonds.
The City is also authorized by the Act to pledge the full faith,
1;W. Sale. This Council has, by resolution adopted on this date, awarded
2.4 3 Section 2, Forni of Bonds and Coupons.
. 2.01. Form of Bonds. The Bonds shall be prepared in substantiall-y the
following f&m:
UNITED STATES OF AMERICA
STATE OF MINNESOTA
COUNTY OF HENNEPIN'
CITY OF EDINA
TEMF'OR4RY IMPROVEMENT BOND
SERIES 1981
No. $5 , 000
Minnesota (the City), acknowledges itself to be.indebted, and for the value
received hereby promises to pay to bearer, upon presentation and surrender hereof,
the principal sum of
GENERAL OBLIGATION
KNOW ALL MEN BY THESE PRESENTS that the City of Edina, Hennepin County,
FIVE THOUSAND DOLLARS
. on October 1, 1984, without option of prior payment, and to pay interest thereon
from the date hereof until said principal sum is paid, at the rate of nine and
fifty hundredths percent (9.50%) per annum.
April 1, 1982 and semiannually thereafter on each April 1 and October 1, such
interest to maturity being payable in accordance with and upon presentation and
surrender of the interest coupons hereto appurtenant. Both principal and
interest are payable at the Harris Trust and Savings Bank in Chicago, Illinois,
or its successor as paying agect, in any coin or currency of the United States
of America which on the respective dates of payment is legal tender for public
and private debts.
interest as the same become due, the full faith, credit and taxing powers of
the City are hereby irrevocable pledged.
This Bond is one of an issue in the aggregate principal amount of $4,200,000
(the Bonds), all of like date and tenor except as to serial number, all 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 the laws of the State of Minnesota thereunto enabling, includ-
ing Minnesota Statutes, Chapters 429 and 275: and pursuant to resolutions duly
adopted by the City Council. The Bonds are payable primarily from the 1981
General Obligation Temporary Improvement Bond Fund (the Fund) of the City, to
which the City has irrevocably appropriated the special assessments and .my
ad valorem taxes to be levied with respect to the Improvements and the proceeds
of definitive improvement bonds or addftional general obligation temporary
improvement bonds which the City has covenanted and agreed to sell and issue at
or prior to the maturity of the Bonds for the purpose of refunding the same to
the extent the same cannot be paid from assessments and taxes theretofore
collected or from other fuilds which are properly available and appropriated for
that purpose.
IT IS HEREBY CERTIFIED, RECITED, COVENAXTED AND AGREED that all acts, condi-
tions and things required by the Constitution and the laws of the State of Wnn-
esota to be done, to exist, to happen and to be performed precedent to and in the
fssuance of this Bond in order to make it a valid and binding general obligation
of the City according to its terms, have been done, do exist, have happened and
have bee12 performed as so required; that prior to the issuance hereof the City
has covenanted and agreed to levy special assessments upon property specially
benefited by the Improvements in a principal amount equal to not less that 20%
of the cost of the Irnprovemcnts, and to levy ad valorem taxes upon all taxable
property in the City for the payment or' that portion o€ the cost of the Improve-
ments to be paid by the City, and has appropriated such special assessments and
taxes to the Bond Fund; that if the principal of or interest on this Bond is not
paid in €1111 when due, the City is required to levy an ad valorem tax upon a11
taxable property within its corporate Limits in an anount sufficient to pay such
principal and interest; that if this Bond is not paid in full at maturity, the
holder hereof may require the City to issue in exchange therefor on a par for
par basis, a new general obl-kgatior, temporary improvement bond to mature within
one year of its date of issue, and to bear interest a6 the maximum rate then
permitted by law; and that che issuance of this Bond does not cause the indebted-
ness of the City to exceed any constitutional or statutory limitation of indebted-
ness.
IN WITNESS t.JHEREOF the City of Edina, Hennepin County, State of Minnesota,
by its City Council, has caused this Bond EO be executed by the facsimile signature
of the Mayor and the manual signature of the City Pfanager, and by a printed fac-
simile of the official seal of the City, has caused the interest coupons appurtc-
nant hereto and the certificate appearing OR the reverse side hereoE
executed and authenticated by the facainiilc signatures of said officers, and has
caused this Bond to be dated as of October 1, 1981,
Interest hereon is payable on
a 0 CD -3 a For the prompt and full payment of such principal and
a
to be
-. . LO / 1, / H 1
.- 244
ATTEST :
(Facsimile Signature)
City Manager . Pfayor
(FACSIMILE SEAL)
2.02. Forni of Coupons. Interest on each Bond to maturity shall be represented
by a consecutively numbered set of interest coupons printed in substantially the
following form:
NO. $
On the first day of April (October), 198 , the City of Edina, Hennepin Cotinty, I- Minnesota, will pay to bearer at the Harris Tkst and Savings Bank, in Chicago,
Illinois, 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 General Obligation Temporary Improvement Bond,
Series 1981, dated October 1, 1981, No.
(Facsimile signature) (Facsimile Signature)
2.03. Form of Certificate. A certificate in substantially tlie following form
shall be printed on the reverse side of each bond, following a copy of the text of
the legal opinion to be rendered by bond counsel:
rendered by Bond Counsel on the issue of Bonds of the City of Edina, Minnesota,
which'includes the within Eond, dated as of the date of delivery of and payment for
the Bonds.
City Nanager Mayor
We certify that the above is a full, true and correct copy of the legal opinion
* (Facsimile Signature) (Facsimile Signature)
City bfanager .Mayor .
Section 3. Bond Terms, Executionand Delivery.
3.01. Date, Amount, Denomination and Maturity. The City shall forthwith
issue and deliver the Bonds, vhich shall. be negotiable coupon bonds, denominated - -
General Obligation Temporary Improvement Bonds, Series 1981, payable primarily from
the 1981 General Obligation Temporary Bond Fund created in Section 4.02 hereof:.
The Bonds shall be dated as of October 1, 1981, shall be 840 in number and numbered
serially from 1 to 840, inclusive, each in the denomination of $5,000. The Bonds
shall mature OR October l,'1984.
Interest. The Bonds shall bear interest from their date until paid: at
the rbe of 9.50% per annum, payable on April 1, 1982 and semiannually thereafter I 3.02.
on April 1 and October 1 of each year. '.
3.03. Paying Agent. The purchaser of the Bonds has designated the Harris
Trus't and Savings Bank, in Chicago, Illinois, as paying agent.
dation is hereby approved.
-directed to enter into a paying agency contract with Harris Trust and Savings Bank
pursuant to which the City will pay the usual and customary charges of said-
paying'agent for the receipt and disbursement of principal and interest moneys.
The principal of and interest on'the Bonds shall be payable at the principal-
corporate trust office of the paying agent designated here, in Chicago, Illinois,
or in the event of its resignation, removal or incapability of acting a paying-
agent, at the office of such successor paying'agent as may be approved by this
Council-.
tion, i€ 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.
cessor paying agent shall become effective until the date specified in a daily-or
weekly periodical published in a Minnesota city of the fiEst class or its metro-
politan area which-circulates throughout the state' and furnishes- financial news
as a part of its service, not less than thirty (30) days before said effective date.
ection of the City Manager and the City Finance Director-Treasurer and shall be
executed OIL behalf of the City by the signatures of-the Hayor 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 priqted, engraved, or litho-
graphed facsimiles thereof.
copy of the legal opinion rendered thereon by Bond Counsel and the certificate of
tke Mayor and City Nanager.
coupons attached to the Bonds shall be executed and authenticated by the printed,
engraved or lithographed facsimile signatures of the Mayor and City Xanager.
the Bonds have been so executed and authenticated, they shall be delivered by the
Crty Finance Director-Treasurer to the purchaser thereof upon payment of the
purchase .price in accordance with the contract of sale heretofore made and executed,
and said purchaser shall not be obligated to see to the application oE the purchase
price. 4. L
Th'at recommen-
The Mayor and City Manager are hereby authorized and
*
Upon merger or consolidation of tlie paying agent with another corpora-
No resignation of the paying agent and no appointment of a suc-
3.04. Preparation and Delivery. The Bonds shall be prepared under the dir- I
On the reverse s-ide of each Eond shall be printed a
The ceytificate as to. legal opinion and interest
Vhen
* Section 4. Security Provisions.
4.01. 1981 General 0bli.gation Tenporr. There
245 is hereby created on the books of the City a special fund to be designated as the
1981 General Obligation Temporary Improvement Construction Fund" (hereinafter
referred to'as the Construction Fund), to be held and administered by the City
Finance Director-Treasurer separate and apart from all other funds of the City.
'The City appropriates to the Construction Fund (a) the proceeds of the sale oE
the Bonds, (b) all collections of special assessments levied for the Improve-
ments until completion and payment of all costs of the Improvements.
the Construction Fund shall be used solely to pay on November 1, 1981 the princi-
pal of and interest on temporary improvement bonds previous1.y issued to defray
the costs of the Improvements and to defray expenses of the Improvements, including
but not limited to the transfer to the 1981 General Obligation Temporary Improve-
ment 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 Improvements.
of expenditures for the Improvements has been paid all subsequent collections of
special assessments levied shall be credited and paid into the 1981 General
O'oligation Temporary Improvement Bond Fund created pursuant 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 improvement
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 1981 General Obligation Temporary Improvement Bond Fund created pursuant
to Section 4.02 hereof.
any of the Bonds are outstanding and any principal of or interest thereon unpaid,
the City Finance Director-Treasurer shall maintain on the books of the City a
separate and special 1981 General Obligation Temporary Improvement Bond Fund
(hereinafter referred to as 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.
Fund shall be paid: (1) all special assessments and taxes collected with respect
to each Improvement after the costs of the Improvement have been paid in full,
and any excess Bond proceeds, as provided in Section 4.01 above; (2) the proceeds
of all definitive improvement bonds or additional temporary improvement bonds
issued pursuant to Section 4.04 hereof; and (3) all taxes levied and collected
pursuant to Section 4.05 hereof.
and agrees that for paTyment of the cost of the Improvements Tt will do and per-
form a11 acts and things necessary for the ful3 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 e:.
upon the benefits received by each such lot, tract or parcel, in an aggregate
principal amount not less than twenty percent (20%) of the cost of each Improve-
ment to the City, and will levy an ad valorem tax upon all taxable property
within its corporate limits for the payment of any part of such cost to be paid
by the City.
invalid with respect to any lot, piece or parcel of land, due to any error,
defect or irregularity in any action of proceeding taken or to be taken by the
City or this council or any of the City's officers or employees, 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 wiil
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 holders of the Bonds and the taxpayers of the City may enforce
by mandamus or other appropriate proceedings all rfghts respecting the levy
and collection of such special assessments and taxPIs, but may not require such
levies to be collected in full pridr to the maturity of the Bonds.
(1) at or prior to the maturity of the Bonds it will sell snd issue its general
obligation improvements bonds or its general obligation tmporary improvement
bonds, pursuant to the Act and Minnesota Statutes, Chapter 275, in a princj.pal
amount sufficient to provide the amount needed, together with any other moneys
appropriated to the Bond Fund in Section 4.02, to pay the principal of and
interest on the Bonds due at their maturity; and (2) if any Bond is not paid
in full at maturity the City will, upon request by the holder of sclch Bond,
authorize, execute and deliver to such holder, in exchange for such Xond, on a
par for par basis, a general obligation temporary.improvement bond in a like
principal amount maturing xithin one year of i.ts date of issue, and bearing
interest at the maximum rate then permitted by law.
4.05. Pledge of Ful.1 Faith and Credit. The full faith and crcdit and
taxing powers of the City arc irrevocably-pledged for the payment of the prin-
cipal of and interest on tlie Bonds tilien clue. It -is estimated that the moneys
appropriated to the Bond Fund in Section 4.02, including moneys to be derived
from the saSe and issuance of definitive improvement bonds or temporary improve-
It
Noneys in
When the total cost
4.02. 1981 General Obligation Temporary Improvement Bond Fund. So long as
Into the Bond
4.03. Levy of Special Assessments and Taxes. The City hereby covenants
In the event that any such assessment shall be at any time held ,
4.04. Refunding Bonds, etc. The City hereby covenants and agrees that:
.- ,
246 ment bonds as provided in Section 4.04, will. produce sums available for the pay-
ment of the Bonds at the times and in amounts required by llinnesota Statutes,
Section 475.61, and therefore no tax is levied for this purpose at the present
time. It is recognized, however, that the City's liability on the Bonds is not '
limited to the provision of these funds, and that the City is required by the Act
and Minnesota S atutes, Section 475.61, to levy and cause to be extended, assessed
and collected any ad valorem taxes necessary for the payment of the principal of
and interest on the Bonds.
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. The City may discharge its obligations with respect to any Bonds and - .
coupons appertaining thereto which are due on any date by depositing with the.
paying 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 payment
thereof in full with interest accrued to the date of such deposit. The City may
also discharge any prepayable Bonds which are called for redemption on any date
in accordance with their terms, by depositing with the paying agent or agents on
or before that date an amount equal to the principal, interest and redemption
premium, if any, which are then due thereon, provided that notice of such redemp-
tion has been duly given as provided in the resolution authorizing such Bonds.
The City may also at any time discharge its obligations with respect to any Bonds,
subject to the provisions of law now or hereafter authorizing and regulating su'ch
action, by depositing irrevocably in escrow, with a bank qualified by law as-an
escrow agent for this purpose, cash or securities which are general obligations
of the United States or securities of United States agencies which are authorized
by law to be so deposited, bearing interest payable at such times and at such,rates
and maturing on such dates as shall be required, without reinvestment, to pay all
principal and interest to become due thereon to maturity or earlier redemption date.
I
Section 6. Registration, Certification of Proceedings ,. Investment of i Moneys
6.01. Registration.
and Arbitrage.
a certified copy of this resolution with the County Auditor of Hennepin County,
The City Clerk is hereby authorized and directed to file
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.
' 1 6.02. Certification of Proceedings. The officers of the City and the County
'Auditor of Hennepin County are hereby authorized and directed to prepare and fur-
nish to 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
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, certifi-
cates and affidavits, including any heretofore furnished, shall be deemed repre-
sentations of the City as to the facts recited therein.
The City covenants and agrees with the holders from time to
time of the Bonds that it will not take or permit to be taken by any of its officers,
employeas 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 Coda), 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 responsibility 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 Section 103(c) of the Code and Treasury
Regulations, Sections 1.103-13, 1.103-14 and 1.103-15, stating that on the basis
of the €acts, 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, Ft is not expected that the proceeds of the Bonds will be
used in a manner that would cause the Bonds to be'arbitrage bonds within Ehe mean-
ing of said Code and Treasury Regulations.
The motion for adoption of the foregoing resolution was duly seconded by.1ember
Tu-mer, and upon vote being taken thereon, the following voted in favor thereof: .
6.03. Covenant.
6.04. Arbitrage. The Mayor and City Nanager, being the officers of the City
I
Ayes: Bredesen, Richards, Schmidt, Turney, Courtney
Nays: None . ..
whereupon said resolution was declared duly passed and adopted. :
r .-
PUSLLC HEARING CONDTjCTED ON ASSESSPIENT FOR STREET IMPROVl2IENT NO. BA-227A.
Xr. Hoffman recalled that the public hearing on the proposed assessment for Street
Tmprovement No. BA-227A had been continued from the meeting of September 21, 1981.
Continued public hearing was then conducted and action taken as hereinafter recorded:
A. STXEET IMPROVEMENT NO. BA-227A IN 1IHE FOLLOWING: 2 47
Delaney Blvd. from W. 78th Street to Dewey Hill Road,' Long Brake Trail
and Long Brake Circle in Dewey Hill Second Addition Nr. Hoffman recalled that the hearing had been continued to consider possible
options to the proposed assessment because of pending litigation for relocation
costs connected with the land condemnation.
assessment over until litigation is resolved and costs are known, 2) increase
proposed assesssments to cover estimated litigation liability, or 3) assess
as proposed with City assuming balance of cost. Nr. Hoffman reminded Council
that the improvement had been proposed as a State Aid road but that at the
improvement hearing it was decided not to build it as such. He pointed out:
that the City owns approximately 20% of the land along the roadway and that
under normal policy the City would be assessed for that share.
questioned if the proposed assessment could be increased to provide for any
liability from the pending litigation and then after the matter is resolved
any excess assessment could 3e refunded to property owners. Mr. Erickson
responded that there is a statutory method for refunding excess assessment;
however, this is not a normal situation. He indicated that we have four
owners all of whom have agreed to a certain dollar amount of maximum assess-
ment. Further, it is ndrmal policy to charge some aspect of the assessment
to parkland which is of some benefit to the community generally. Following
further discussion, no objections being heard, Member Richards then moved
that the assessment be levied as proposed. Motion was seconded by Member
Turner.
Ayes :
Nays: None
Motion carried.
Possible op?Aons are: 1) hold
Member Richards
Bredesen, Richards, Schmidt , Turner , Courtney
Member Richards offered the following resolution and moved its adoption:
RESOLUTION LEVYING ASSESSMENT.ON ACCOUNT OF
STREET IMPROVEMENT NO. BA-227A
BE IT RESOLVED by the'City Council of the City of Edina, Minnesota, as follows:
1. The City has given notice of hearing as required,by law on the proposed
assessment rolls for the improvement hereinafter referred to, and at such
hearing held on October 5, 1981, has considered all oral and written objections
presented against the levy of such assessment..
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-227h does not exceed the
lccal benefits conferred by said improvemeat 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 improvement to be
spread against the benefj-ted lots, parcels and tracts of land described therein.
3.
installments, together with interest at a rate of 7%% per annum on the entire
assessment from the date hereof to December 31, 1982, to be payable with the
general taxes for the year 1982.
4.
copy of this resolution and a certified duplicate of said assessments with each
then unpaid instailment and interest set forth separately, to be extended on the
tax lists of the County in accordance with this resolution.
5. The City Clerk shall also mail notice of any special assessment which may be
payable by a county, by a political subdivision, or by the cwner 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.
Motion for adoption of the resolution was seconded by Mecber Turner.
The assessments shall be payable in ten annual Snstallments, the.first of said
The City Clerk shall forwith prepare and transmit to the County Auditor a
Rollcall :
Ayes: Bredesen, Richards, Schmidt, Turner, Courtney
Nays: None
Resolution adopted.
LEO EVANS PRD-2 ZONING REQUEST CONTINUED INDEFINITELY. Xr. Hughes advised that
he had received a call from Mr. Evans'representative requesticg that hearing on
the PRD-2 zoning be continued until later this year and would recommend that
it be cont2ned. indefinitely.
Schmidt to continue the hearing on the Leo Xvans PRD-2 zoning request'indefinitely.
Member Bredesen's motion was seconded by Member
Ayes : Bredesen, Richards, Schmidt , Turner, Coartney
Nays: None
Notion carried.
OAK RIDGE OF EDINA GRANTEG PRELIMINARY PLAT -- APFROVAL - COFJDITIONALLY. -
recalled that the hearing for prelimi.nary plat approval Eor Oak Ridge of Eclina
Mr ,, Fiughes
had been continued from &e meeting of September 21, 1983., so that: Eurthcr
analysis could be made of storm water run-off and a.Lso craE1i.c safety coticerns
'%ld be reviewed by members of the Traffic Safety Committee. He reminded Council
that the subdivision is generally located West of T.H. 100 and South of W. 66th
Street and is composed of 11 single family lots with Lot 1 to be retained for the
existing dwelling on the property. In response to the request of Council to in-
vestigate concerns expressed at the last meeting, Mr. Hoffman reported that Barr
Engineering Company had been asked to analyze storm water run-off not only fro&
the proposed subdivision but also from the entire 19.6 acres from which there is
run-off into the ponding area. Their analysis concluded that given the maximums
of the pond being full to the outlet point of 857.45 €eet elevation, a winter/'
spring situation with frozen ground and a 100-year rainfall, the pond still would
be adequate to handle the run-off. Donald Krebs, 6606 Naomi Drive, and David
Merchant, 6613 Naomi Drive, reiterated their concerns about storm-water flooding
their back yards. &. Hoffman confirmed that water problems have occurred in years
past but that less flooding has been-evidenced in recent years because of berming and
'and storm sewer. Regarding the traffic safety concerns, Mr. Hoffman advised that a
statement has been obtained from a consultant traffic engineer saying there is
adequate sight distance for the proposed cul-de-sac access street onto the frontage
road of T.H. 100.
out to review the access point of the proposed Oak Ridge subdivision on September 30,
1981, and had agreed there is concern about traffic safety in terms of vehicles
slowing to enter or leave the subdivision.
additional study be conducted regarding a possible alternate engineering solution
in terms of signing, striping, turn lanes, or other engineering solutions. Richard
Nelson, 5204 Danens Dr., stated he felt the environmental impact of the proposed
subdivision as it affects the pond area had not been addressed and that h& had been
in contact with the EQB Board who had advised that the the State could be petitioned
for an environmental impact study on this area. He stated that a petition request-
ing the study had been signed by the required 500 names and requested Council to
delay action on the proposed subdivision so that the EQB Board could act on the
petition. Mr. Eier of Westwood Planning and Engineering Company, representing the
proponent, stated he had been in contact with the Minnesota DNR and'that they
would require the developer to obtain a permit from the DNR to put in the storm
sewer whSch would drain to the pond area.
District would also be required and Mr. Krier indicated the normal procedure is to
apply for the permits after preliminary plat approval because final construction
plans must be submitted to obtain the permits.
with Thomas Rulland of the Environmental Quality Board who advised that if a petition
were submitted for an Environmental Impact Statement the study would have to be done
by the developer and the City of'Edina. Mr. Rulland was also of the opinion that,
based on the facts and tnformation he had received, 1) he did not feel this was. of
state or regional significance and thus should be within the jurisdiction of the city,
2) he did not feel the proposed development had any adverse environmental effects
which had not been addressed, and 3) the EQB has been dismissing petitions unless
there were environmentally significant issues as a project this size should be
~Lthin in the jurisdiction of the City of Edina and the City does not have to wait
for the EQB to make a decision. Nr. Krier stated that the process for the EQB
to make a decisio2 could take from 3 to 9 months.
issue, Mr. bier stated that a report from the traffic engineer had concluded there
is no major safety impact from this proposed development. Mr. E. S. Hauser, - 5045 W. 66th Street, explained that the rear portion of his property as well as
that of his neighbor's presently is landlocked and the sanitary sewer-eap ,ement to
be obtained by the developer T*70Uld make it possible for that land to become '
buildable. He also stated that he felt the environmental impact was minimal and
that traffic safety was not a problem. Member Schmidt commented that the question
of impact on the environment should be resolved if the process would not be pro-
longed. Mr. Halley, developer, suggested preliminary plat approval could be,
granted su5ject to permits being issued by the DNR and 9-EEle Creek 'IJatershed
District, and also subject to the Minnesota EQB dismissing the petition for a&
Environmental Impact Statement. Hember Turner asked how the sanitary sewer ease-
ment to Danens Drive as recommended by the Planning Commission would be obtained.
Mr. Hoffman replied that the developer could negotiate with the property owners
to obtain the easement or the' Council could use their power to obtain the easeGents.
Lifter further discussion, Hember Turner offered the folloying resolution and' moved
its adoption:
RESOLUTION GRANTING PRELIHTNARY PLAT APPROVAL
..
.
.
I-
He further reported that the Traffic Safety Comniittee had been
The Committee would recommend that
-+
A permit from the 9-Mile Creek Watershed
He also stated that he had talked I
Relative to the traffic safety
-. '
D
FOR CAI< RIDGE OF EDINA
BE IT RESOLVED BY THE Edina City Council that thar certain plat known as Oak'Ridge
of Edina, platted by Halley Land Corporation, and presented at the Edina City
Council. Meeting of October 5
approval conditioned upon: 1) Minnesota DNR approved the storm sewer water '
out fall to the. pond , 2) the 'Nine Mile Creek 'Watershed ' District approves the grading
permit, 3) the sanitary +ewer easeiiient is secured to Danen's Drive, 4) the
Minnesota Environmental Quality Board disinisses the peeition calling for an Env-ison-
mental Impact Statement, 5) developer's agreement, and 6) subdivision dedication.
1981, be and is hereby granted preliminary plat ' ?,
Motion for adoption o€ the resolution was seconded by Nember. Bredesen.
Rollcall :
Ayes : llredesen Schmidt , Turner, Courtmy :
Nays: None
Abstctining: Richards , stating he had not participated in the hearings.
-EMERALD WOODS ADDITION FINAL PLAT APPROVED (FORMERLY CALLED ALVIN LEONARD ESTATES.)
Mr. Hughes presented Emerald Woods Addition for final plat approval, recalling that
this piat is generally located South of Foxmea.dow Lane, North of Pke Grove Road and
East of Blake Road.
showed a total of 9 lots, with Lot 7 to be retained for the existing home on the site,
and the plat would be served by way of a northerly and easterly extension of Nest
Highwood Drive. Mr. Hughes stated that the conditions of preli.minary plat approval
have been met by the developer and would recommend final plat approval subject
to subdivision dedication to be determined by Council. Member Richards asked
for a review of the events leading up to preliminary plat approval, stating he
did not feel the subdivision dedication in this case should be a fee in lieu of
land. Mr. Hughes explained that the concept of the original land exchange was
advocated solely by staff and provided that the easterly half of the property
presently owned by the City extending to the land would be exchanged for the west-
erly portion of the proponent's property to provide lands for a park fronting on
Blake Road. The Park Board had reviewed the proposed land exchange and had re-
commended its approval. The Planning commission continued the subdivision one
month to receive additional information from the Park Board.
mission meeting, the Park Board again considered the land exchange at the request
of abutting property owners.
commended that the land not be exchanged, and that the present parkland owned by
the City would remain intact. That recommendation was given to the Planning
Commission and thereupon they considered a new subdivision plan presented by the
proponent who had indicated he was willing to proceed with the plat with or without
the land trade. The new subdivisioE was approved by the Planning Commission and
subsequently given preliminary plat aFproval by Council. Member Richards stated
he disagreed with the Park Board in reversing its decision and would not support
a fee in lieu of land, as he felt there will be a growing need for parkland in
Northwest Edina as that area is developed, and that the City's policy on,sub-
division dedication has been to acquire parkland whenever possible.
Bredesen asked if there is some possibility that a land exchange could still be
made, Mr. Peter Jarvis, representing the proponent, responded that when the
prelimtnary plat process started in July Mr. Leonard's position was that he would
simply respond to what the City would like to do.
is in response to action taken by the Park Board, Planning Commission and subse-
quent preliinary plat approval by Council.
a strong consensus of the Council now for a parkland dedication, Mr. Leonard
would like to proceed with the subdivision as presented so he could sell his
house. Fo1lowing considerable discussion, Member Bredesen offered the following
resolution an6 moved its adoption:
At the time of preliminary plat approval the subdivision plan
I
a
Following the Com-
'
*.o . CD The Park Board then reversed its decision and re-
Member
The final plat now presented
Mr. Jarvis indicated that, barring
RESOLUTION GRANTING FINAL TLAT APPROVAL
FOR EMERALD WOODS ADDITION
BE IT RESOLVED by the Edina City Council that that certain plat known as Emerald
Woods Addition, platted by Alvin T. and Ruth B. Leonard, and presented at the
Edina City Council Meeting of October 5, 1381, be and is hereby granted final
plat approval subject to payment of subdivision dedication fee of $22,000 in
lieu of land.
Notion for adoption of the resolution was seconded by Member Turner.
Rollcall :
Ayes: Bredesen, Schmidt, Turner, Courtney
Nays: Richards
Resolution adopted.
FINAL PLAT APPROVED FOR EDINA OFFICE CENTER 2ND ADDITION. Mr. Hughes presented
Edina Of-%ice Center 2nd Addition for final plat approval, stating that this land
is generally located \Jest of Prance Avenue and North of W. 76th Street approxi-
mating 5.3 acres in 2rea zoned Planned Industrial District and is presently
comprised of two platted lots.
vacant, and the westerly lot meastires about 2 acres an@ is developed with a
13,000 sq. foot building.
about the southerly one-half of the lot.
replat of the two lots whereby the northerly 192 feet of the westerly lot is
combined with the easterly lot.
acres in area and would constitute a neb7 building site.
mitted plans for a three story 75,000 square foot multi-tenant office bQilding
which would meet the requirements of the Zoning Ordinance,
reduce the westerly lot: to approximately one acre and because Planned Industrial
District lots arc required to be two acres, approval of the replat should i.nclude
The easterly lot measures abmt 3.3 acres and is
llie building and its accessory parking occupy only
The proposed subdivision re.quests a
The easterly lot would then comprise about 3.9
The proponent has sub-
This transEer woulcl
250 recommendation to grant a subdivision variance for Lot 1.
final plat approval conditioned upon:
2) owner of Lot 1 entering into an agreeinelit with the City and place of record which
acknowledges the reduced lot size and that the existing building is limited to uses
which can satisfy parking requirements by way of the existing parking lot, and 3)
subdivision dedication fee.
S taf E would recommend
I) dedication of riglit of way for Prance Ave.,
No objection being heard, llember Bredesen offered-the - following resolution and moved its adoption:
RESOLUTION GRANTING FINAL PLAT APPROVAL
FOR EDINA OFFICE CENTER 2ND ADDITION
BE IT RESOLVED by the Edina City Council that that certain plat lciiown as Edina Office
Center 2nd Addition, platted by Rauenhorst Corporation, and presented at the Edina
City Council Meeting of October 5, 1981, be and is hereby granted'final plat approval
subject to: 1) dedication of right of way for France Avenue, 2) opmer of Lot 1
entering into an agreement with the City ad place .of record which acknowledges the
reduced lot size and that the use of the existing building is limited to uses which
can satisfy parking requirements by way of the existing parking lot, and 3) payment
of subdivision dedication fee of $8,000.
Motion for adoption of the resolution was seconded by Member Schmidt.
. Rollcall:
Ayes: Bredesen, Richards, Schmidt, Turner, Courtney
Nays: None
Resolution adopted.
LOT 11, BLOCK 7, BRAEMAR HILLS 9TH ADDITION DIVISION APPROVED. Nr. Hughes presented
the petition for division of Lot 11, Block 7, Braemar Hills 9th Addition, along the
party wall of a recently constructed two family dwelling on the subject property,
advising that separate utility connections have been provided and that approval
is recommended. No objections being heard, Member Bredesen offered the following
resolution and moved its adoption:
TJHEREAS, the following described property is at present a single tract of land:
WHEREAS, the owners have requested the subdivision of said tract into separate
parcels (herein called "Parcels") described as follows:
RESOLUTION
Lot 11, Block 7, Braemar Hills 9th Addition; and
- That part of Lot 11, Block 7, Braemar Hills 9th Addition lying Northerly .
of a line run from a point on the East line of said Lot 11, a distance of
50.00 feet South of the Northeast corner of said Lot 11, to a point on the
Kest line of said Lot 11, a distance of 50.00 feet South of the Nortliwes~.
corner of said Lot 11; and
That part of Lot 11, Block 7, Braemar Hills 9th Addition except that part
lying Northerly of a line run from a point on the East line of said Lot 21;
a distance of 50.00 feet South of the Northeast corner of said Lot 11, to
a point on the West line of said Lot 11, a distance of 50.00 feet South
of the Northwest corner of said Lot 11; and *
.-
iTHEREAS, the requested subdivision is authorized under.Ordinazce No. 801 and it
has been determined that compliance with the Subdivision and Zonicg Regulations
of the City of Edir,a will create an unnecessary hardship and said Parcels as
separate tracts of land do not interfere with the purpose of the Subdivision'and
Zoning Regulations as contained in the City of Edina Ordinances No. 801 and 811;
NOW, TEEREFORE, it is hereby resolved by the City Council of the City of Edina
that the conveyance and ownership oE the second above described Parcels as
separate tracts of land is hereby approved and the requirements and provisioirs '
of Ordinance Nos. 801 and 811 are hereby waived to allow said division and con:
veyance thereof as separate tracts of land, but only to the extent permitted
under Ordinance No. 801 and Ordinance No. 811 and subject to the limitations set
out in Ordinance No. 811 and said Ordinances are not waived for any other purpose
or as to any other provisions thereof, and further subject, however, to the pro-
visior, that no further subdivision be made of said Parcels unless made in corn-
pliance 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 Member Schmidt.
Rollcall :
Ayes: Bredesen, Richards, Schmidt, Turner, Courtney
Nays: None
Resolution adopted.
LOT 6, BLOCK 7, BRAEMAR HIT3LS 9TH ADDITION DIVISION APPROVED. Nr. Hughes presented
the petition for division of Lot 6, Block 7, Braemar Hills 9th Addition, along the
party wall .of a two family dwelling keceutly constructed on the subject property,
advising that separate utility connections have been provided. Cecause a portion
of W. 78th Street and its adjoining 'sidewalk encroaches into the southeast corner
of the property, approval is recommended conditioned upon receipt of a public road
easement executed by the proper parties which wou1.d cover 78th Street and the
adjoining sidewalk. No oljj ection being heard , Member Bredesen offered the follow-
-.
._
ing resolution and moved its adoption subject to receipt of the public road
easement covering 78th Street and the adjoining sidewalk:
RESOLUTION
WHEREAS, the following described property is at present a single tract of land:
Lot 6, Block 7, Braemar Hills 9th Addition; and
IJHEREAS, the owners have requested the subdivision of said tract into separate
parcels (herein called “Parcels”) described as follows :
The West 51.25 feet (as measured at right angles to and parallel with the
west line) of Lot 6, Block 7, Braemar Hills 9th Addition, according to
the recorded plat thereof, Hennepin County, Minnesota; and
That part oE Lot 6, Block 7, Braemar Hills 9th Addition, according to the
recorded plat thereof, Hennepin County, Minnesota, lying East of the West
5125 feet (as measured at right angles to and parallel with the West line
of said Lot 6; and
WHEREAS, the requested subdivision is authorized under Ordinance No. 801 and it
has been determined that compliance with the Subdivision and Zoning regu1ation.s
of the City of Edina will create an unnecessary hardship and said Parcels as
separate tracts of land do not interfere with the purpose 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 the second above described Parcels as separate tracts
of land is hereby approved and the requirements and provisions of Ordinance
Nos. 801 and 811 are hereby waived to allow said division and conveyance thereof
as separate tracts of land, 3ut only to the extenc permitted under Ordinance
No. 801 and Nordinance No. 811 and subject to the limitations set out in
Ordinance No. 811 and said Ordinances are not waived for any other purpose or
as to any other provisions thereof, and further subject, however, to the provi-
sion 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 Member Schmidt.
Rollcall :
Ayes: Eredesen, Richards, Schmidt, Turner, Courtney
Nzys: None
Resolution adopted.
HEARING nATES.SET FOR VARIOUS PLANNTNG MATTERS.
motion of Nember Bi-edesen was seconded by Member Schmidt setting October 19,
1981, as hearing date for the following:
1.
2. J.H.E. Associates, --._ Inc. - Zoning Change and Lot Division
3. Byron h Kathleen Recke - Zoning Change
4. Amendment to C-1 Conmercial District - To allow Child Day Care as a
and setting Noveni3er 2, 1981, as hearing date for Oak Pond of Interlachen -
Easement Vacation.
As recommended by Mr- Hughes,
Community Development Corporation - Zoning Change and Preliminary Plat
Principal Use
Ayes : Eredesen, Richards , Schmj-dt , Turner, Courtney
Nays: Xone
Hotion carried,
- EDINA INTERCIXNGE 3RD ADDITION, LOTS 14 .AND 16, UTILITY AND DRAINAGE “UASEMENT
VACATION GRANTED. Affadavits of Notice were presented by Acting Clerk, approved
as to form and ordered place on file. Mr:. Iioffmzn presented the petition of
.Hoyt Construction Company for vacation of common utility and drainage easement
on Lots 14 and 16, Block 1, Edina Interchange Center Third Addition to allow
construction o€ a buildimg, advising that the storm sewer would be relocated
on Lot 16. No utilizies being involved in this easement vacation, staff wocJ.d
recommend vacation thereof subject to an easement being placed of record for
the relocated storm sewer on Lot 16, Block 1, Edina Interchange Center Third
Addition.
lutfon and moved its adoption:
Mo objections being heard, MemFJer Schmidt offered the following reso-
RESOLUTION VACATING
EASEMlSNT FOR UTILITY AXD DRAINAGE PURPOSES
IGIEREAS, a resolution of the City Councz sclopted the 31st day of August, 1981,
fixed a date for a public hearing on a propQsed vacatim for utility and drainage
purposes; and
WHEREAS, two weeks’ published and posted notice of sald hearing was given and
the hearing was held on the 5th day of October, 1381, at which tine all. persons
desiring.to be heard were given an opportunity to be heard thereon; and
WIIEREAS, the Council deems it to be in the best interest of the C-ity and of
the public that said utility and dra.inage easement vacation be; made; and
WHEREAS, the Coiincil has considered the extent to sJhich the vacakion aZEectr;
existing casements within the area of the. vacaticr: and the extent to which the
vacation ~ffects the aiitliorlty of any person, corporation, or rnui~icipality
owning or controlling electric or telephone poles and .lines, gas :ind SCWCX lines ,
252 or water pipes,.mains, and hydrants on or under the area of the proposed vacation, '
to continue maintaining the same, or to enter upon such easement area or portion
thereof vacated to maintain, repair, replace, remove, or otherwise attend thereto;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Edina, Hennepin
County, Minnesota, that the following described portion of the utility and drainage
easement be and is vacated effective upon receipt of new easement, in recordable
form, duly executed and delivered without cost to the City of Edina:
.
w
The Southerly five feet (5') of Lot 14 and the Northerly five feet (5') of
Lot 16, Block 1, Edina Interchange 3rd Addition
and that the City Clerk is authorized and directed to cause a notice of completion
of proceedings to be prepared, entered in the transfer record of ,the County Auditor,
and filed with the Register of Deeds, in accordance with Minnesota Statutes,
Section 412.851.
Motion for adoption of the resolution was seconded-by Elember Bredesen.
Rollcall:
Ayes: Bredesen, =chards, Schmidt, Turner, Courtney
Nays: None
Resolution adopted.
CITY BUILDING CODE DISCUSSED. Plr. Rosland called Council's attention to a letter
written by Harvey 0. DOW, 6212 Loch Moor Drive, suggesting certain building code
changes.
Mr. Rosland stated any proposed changes should be forwarded to the state Building
Code Division for consideration. It was informally agreed that the City tanager
should respond to Xr. Dow and also forward his letter to the state Building Code
Division. -_
Inasmuch as the City has adopted the Efinnesota Uniform Building Code,
FURNACE REPLACEMENT-ARIfESON PARK RESIDENCE BID AWARDED. Mr. Rosland presented tab-
ulation of bids for frircace replacement at the Arneson Park residence showing - Ccnstroms Heating d Air Conditioning low bidder at $1,675.00, Fred Vogt and Company,
Inc. at $1,767.00 and Plinnegasco at $1,840.00.
bid to recommended low bidder Constrorns Heating & Air Conditioning was seconded by
Nember Schmidt.
Ayes: Bredesen, Richards, Schmidt, Turner, Courtney
Nays: None
Motion carried.
Nember Turner's motion for award of
REPLACDENT OP AUT@M..!4TIC DOOR OPENER/YORKDALE STORE BID AVARDED .
sented tabulation of bids for replacement of the automatic door ooener/Yorkdale
Store shoxing Stanley Magic Door Equipment low bidder at $1,180.00 and Stan's
Door Service, Inc. at $2,389.00.
low bidder Stanley Magic Door Equipment was seconded by Member Schmidt.
Hr . Rosland ire-
Member Turner's motion for award to recommended
Ayes: Bredesen, Richards, Schmidt, Turner, Courtney
Mays: None
Hotion carried.
MOBILE TJXIT RADIOS BID AWARDED.
four mobile unit radios, Public Works (3):arid Senior's Bus (1); showed General
Communications, Inc. (Hennepin County Contract #9462) as sole bidder. Mr. Rosland
advised that the Rotary is donating the bus radio unit. Elember Schmidt's motion
for award to recomiended bidder General Communications, Inc. was seconded by
Member Turner. - .
Ayes: Bredesen, Richards, Schmidt, Turner, Courtney
Nays: None
Hotion carried.
Tabulation of bids presented by Mr. Rosland for
EDINA ADVISORY BOARD OF HEALTH REPORT ON 2,4-D DISCUSSED.
that Mr. Vallace Olson, 5002 Bruce Avenue, had appeared before Council' several
Nr. Rosland recalled
months ago ani! had expressed his concern that exposure to the broadleaf herbicide
2,4-D was a health hazard both to residents and to those applying the chemical.
Council had directed tfr. Olson to make his presentation to the Advisory Eoard of
Health and had requested the Board to make its recommendation to Council on I
September 21, 1981, but that because of the lengthy agenda the matter had been
continced to this meeting. The Board had recommended 1) review of the City's'
policy of handling and use of 2,4-D and other chemicals to reduce employee and
citizen exposure, 2) that signs be posted when public property is sprayed, indi-
cating the chemical used so that an individual with known hypersensitivity may be
properly advised, and 3) to contact: the country clubs and inform them of our concern
about the use of chemicals and what steps we are taking to reduce use, asking them
to review their policy €or chemical use and if possible reduce their use of these
chemicals.
Buffalo, MN, and' has been headache free and chat he would consider relocating his
family if he felt only his daughter was affected by exposure to 2,4-D; however,
he believes the health OF all residents in the City could be affected and that
symptoms may only show up years later. He stated that lab tests indicate that
I
Nr. Oison advised that his daughter is now enrolled in school at
253 2,4-D is carcinogenic, is teratogenic and is mutagenic, and would like to see
Y
-
Council ban all uses of 2,4-1) in the City and place the burden on the person who
wants to use it to prove that it is safe. As an alternative, Hr. Olson suggested
the licensing of the companies which apply 2,4-D or other tosic chemicals, re-
quiring them to supply information as to Eormula, quantity and how applied; also,
that any advertisement of these companies list the chemicals used so that cbn-
sumers can be made aware of them.
lawsuits if the City were to ban all use of 2,4-D. Mr. Erickson responded that
the City has the authority to protect public health and that he would check further
on this question. With respect to a total. ban of use of 2,4-D, Mr. Rosland em-
phasized that endorcement would present problems because of the number of people
required to effectively police it, but that requiring the lice'nsing of chemical
appliers may be a way to approach the is,sue.
ation should be given to asking the chemical applicator companies to present their
arguments for the use of 2,4-D. Member Bredesen spoke in favor of controlling use
by investigating possible licensing, and suggested the Health Department staff talk
with the chemical companies to get their point of view. PIrs. Marion White, 5809
Kellogg Avenue, suggested that possibly other chemicals could be used to control
dandelions, etc., and agreed that 2,4-D should be used under controlled conditions,
but stated that it is the only effective chemical for control of poison ivy by
which many people are systemically affected, After further disucssion it was
informally agreed that staff would investigate possible licensing of chemical
companies, would contact the companies to get their reaction and report back to
Council.
any new information relative to the EPA's study on 2,4-D and report to Council.
Mayor Courtney raised the question ctf potential
Member Richards stated that consider- I
Xember Turner requested that the Advisory Health Board keep abreast of
cJ3 0
B) -3 ' No formal action was taken.
a APPLICATION FOR INDUSTRIAL REVENUE BONDS PRESENTED. Mr. Rosland advised that he
had met with representatives of NN Dataforms, Inc. in regard to their application
for industrial revenue bonds and had informed them of Council's stand-regarding?;
same. Appearing to present the request was Pfr. Robert Feerick of Arthur Young
and Company representing Nr. Billy G. Croslow, Vice-president of Dataforms, Inc.
Mr. Feericlc presented the proposal of Dataforms, Inc. that the City of Edina
issue and sell privately $700,000 of industrial revenue bonds. The proceeds
would be used to purchase equipment presently owned by NN Dataforms, Inc., a.
printer of business forms in Edina, MN, who is going out of business and the
equipment will be located and operated in the City of Edina, with the resulting
benefit of retaining approximately 30 jobs in the City of Edina. bir. Feerick
referred Council to an opinion by Chapman and Cutler that such acquFsition is
properly financable with industrial revenue bonds under Minnesota Statutes.
Member Richards stated he would not support the request; that Council has heard
requests froin long standing companies here iit Edina in the past and has not
approved their applications. Mayor Courtney iifdicated that Council has on
previous occasions studled the subject of issuing industrial revenue bonds
quite thoroughly and have turned down similar applications. Xember Bredesen
stated he would iiot be in favor of the request either as the arguments presented
'are no different than could be made by many businesses in Edina and by considering
this particular application we mould in effect open the door to many others who
have to finance their businesses by one way or another, and that would go beyond
the intention oE this type of bond. Member Turner commented that the Minnesota
Statutes quoted in the opinion of Chapman and Cutler refer to preventing blighted
and margi.na1 lands and areas of chronic unemployment arid that this is not that
kind of situation, therefore, woul-d be opposed. No further comients being heard,
no foraal action was taken by Council.
d:
'
'
MANAGER PURCHASING ~_I AUTEORITY LIMIT SET AT $S,@O!!.
Council gd suggested the City seek legislation which would permit it to grant
the City Manager the authority to approve purchases up to $10,000 without Council
approval. Ch April 14, 1981, this legislation was signed into law and to imple-
ment this lav Council should pass resolutions to: 1) adopt the special legislation
and 2) to net the purchasing authority limit.
adoption meeting and then to'this meeting so that Meinber Richards would be in
attendance, Xr. Rosland xeconmefided the purchasing authority limit be set at
$5,000. Xexber Bredesen ofcered the following resolution and moved its adoption:
14r Kosland recalled that -
Actioh was continued to the budget
- RES 0LUT.ION
WEREAS, the 1381 Mirmesota Stateyegislature passed Niniiesota Session Laws, 1981,
Chapter Number 35 at the request of the City of Edina, and
WITEREAS, the City of Edi:na desire$ to utilizn the power given it by the Legisla-
ture under the law, and
WEREAS, YiZnnesova Statures, Section 645.021 require that Llie special legislation
docs nct beccme effective unti.2 crpproved by a majority of the local governitig
body prior to the next legislative session,
NOW, TNERe%ORE, BE IT RESOLVED that the City Council of the City of Edina approves
2!%nnesota Session Taws, 1981, Chapter Number 36, and instructs its clerk to send
.-
the appropriate certificate to the Secretary of State of Elinnesota with an attached
copy of this Resolution of approval.
Motion for adoption of the resolution was seconded by Member Turner.
.
Rollcall :
Ayes : Bredesen, Schmidt, Turner, Courtney
Nays: Richards
Resolution adopted.
Member Bredesen then offered the following resolution and moved its adoption:
RESOLUTION
WEEREAS, the City of Edina has the authority granted by the 1981 Minnesota State
Legislature under Minnesota Session Laws, Chapter Number 36, to grant purchasing
authority to the Manager up to $10,000, and
WHEREAS, the City Council deems it appropriate to set that amount at $5,000 at
present,
THEREFORE:, BE IT RESOLVED by the City Council of the City of Edina that all pur-.
chases and all contracts for the City of Edina shall be made or let by the City.
Manager when the amount of the purchase or contract does not exceed $5,000.00.
Motion for adoption’ of the resolution was seconded by Member Turner.
.
Rollcall :
Ayes: Bredesen, Schmidt, Turner, Courtney
Nays: Richards ,
Resolution adopted.
TEMFORARY ON-SALE LIQUOR LICENSE FOR EDINA FOUNDATION BaL APPROVED. Mr. Rosland
recommended that a temporary on-sale liquor license for The Edina Foundation Ball
to be held on November- 7, 1981, be issued through the current on-sale license of
Interlachen Country Club as provided in Ordinance No. 901-A9 adopted May 4, 1981.
Motion of Hember Schmidt was seconded by Member Bredesen authorizing the issuance
of a tercporary on-sale liquor license for The Edina.Foundation Ball on November 7,
1981, to be issued through the on-sale license of Interlachen Country Club. .
Ayes : Bredesen, Richards, Schmidt, Turner, Courtney
Nays: None
Motion carried.
MN&S EDEH AVENUE BRIDGE REPLACEMENT PROJECT APPROVED. Mr. Rosland reported that
a letter has been received from the Minnesota Department of Transportation advising
that the City’s request for a grant to construct the replacemelit railroad bridge
aver Eden Avenue has been approved subject to contract cost. He advised that staff
has met with officials of NN&S to discuss their participation, that they are fnter-
and they would need to approve an agreement between the City and MN&S on the costs
and participation in the project. Nr. Rosland stated the state aid funds are given
at $331,862;00, bridge bonding funds at $413,413,00 and.loca1 funds (shrubbery) at
$7,205 which will be negotiated.
offered the following resolution and moved its adoption:
’
As recommended by Nr. Hoffman, Member Schmidt
RESOLUTIOE LPPROVING PLANS AND SPECIFICATIONS
FOR PROPOSED IEPROVEMENT AM)
DIRECTING ADVERTISENENT FOR BIDS
FOR BRIDGE REPLACEMENT/APPROACHES
IIIPROVEMENT NO. SIX-I
. S.A.P. 120-163-02
M.N. & Si OVER EDEN AVENUE -- -__ ~ _-- .--- . - ,~. . . SFALED BIDS will be received and opened in the City Council Chambers in the Edina
City-Hall, 4801 West 50th Street at 11:30 A.M., Thursday, October 29, 1981 and the
Edina City Council will meet at 7:OO Y.M., Monday, November 2, 1981 to consider
said bids for Bridge Replacement over Eden Avenue.
quantities of the major items:
The following are approximate
5580 C/Y Common Excavation
206600 Lbs., Structural Steel
1 Construct and Remove Shoof ly Embankment
1515 L/F, Cast-In-Place Concrete Piling
1 Temporary Timber Trestle
1185 C/Y, Class I1 Aggregate
1200 L/F, Concrete Curb
Bids shall be in a sealed envelope with a statement thereon showing the work Covered
by the bid. Bids should be addressed to the City Engineer, City of Edina, 4801 W.
50th Street, Edina, Zciinnesota 55424, and may be mailed or submitter personahly to
the City Engineer. Mds received by the City Engineer, either through the mail or
by personal submission, after the time set for receiving them may be returned un-
opened.
Work must be done as described in plans and specifications OR file in the office of
the City Clerk.
(by check).
with a bcna fide bid.
Plans and specifications are available for a deposit of $25.00
Said deposit to be returned upon return of the plans and speeifications
No bids will be considered unless sealed and accompanied by
..
255
bid bond or certified check payable to the City Clerk in the amount of at least
ten (10) percent of amount of base bid.
reject any or all bids.
BY ORDER OF THE EDINA CITY COUNCIL.
The City Council reserves the right to
Marcella M. Daehn
Acting City Clerk
Motion for adoption of the resolution was seconded by Member Turner,
Rollcall :
Ayes: Bredesen, Richards, Schmidt, Turner, Courtney
Nays: None
Resolution adopted.
Mr. Hoffman further recommended that Council. authorize final negotiations with
MN&S Railroad prior to award of bid.
Member Turner, authorizing the City to finalize 'negotiations with MN&S Railroad
€or the bridge replacement/approaches over Eden Avenue and to enter into agreement
with MN&S Railroad prior to bid award.
Member Schmidt's motion was seconded by
Ayes: Bredesen, Richards, Schmidt, Turner, Courtney
Nays: None
Motion carried.
PROPOSED FEES AND CHARGES ORDINANCE CONTINUED TO OCTOBER 19, 1981. As recommended
by $k. Rosland, Member Bredesen's motion was seconded by Member Schmidt to continue
the proposed fees and charges ordinance to October 19, 1981.
Ayes: Bredesen, Richards, Schmidt, Turner, Courtney
Nays: None
Motion carried.
SCHOOL BOARD MEETING REPORT COMMENDED. Member Turner called Council's attention
to the report from the Edina School Board entitled "Last night's board meeting.."
and commended the Board for the excellent form.of..condensed report on board meetings,
EMERALD WOODSADDITION PUBLIC IMPROVEMENTS AUTHORIZED ON 100% PETITION. Mr.. Rosland
reported that petition for Sanitary Sewer, Watermain, Storm Sewer and Graveling
.for Emerald Woods Addition had been received in the engineer's office.
petition also requested the Council to 'assess the entire cost of said improvements
against the property of the owners.
resolution and moved its adoption:
Said
Kember Schmidt then offered the F-'OllOt.rinZ,
RESOLUTION 0PJ)ERING EXERALD WOODS ADDITION 1PlPRC)VEMENTS
NOS. SS.-360, WM-345, ST.S.-168 hTTD C-136
UPON PETITION THEREFORE
BE IT RESOLVED by the City Council of the City of Edina, Minnesota as follows:
1.
Council to comtruct sanitary sewer, waterniain,. storm sewer and graveling improve-
ments in Emerald Woods Addition and that the Developer now owns all property which
will abut 2nd be assessed for the improvements and that said petition has been
signed by the developer.
2. The making 02 said inprovements in accordance with said petition is hereby
ordered pursuant to Minnesota Statutes, Section 429.031 (3), (Sess5on Laws of
1961, Chapter 525, Section ). Said improvements are hereby designated and shall
be referred to in all subsequent proceedings as follows:
It is hereby found and determined that petition has been filed requesting the
4
SANITARY SEWER IMPROVEMENT NO. SS-360
WATERMAIN IMPROVEMENT NO. WM-345
STOT34 SEWER 11QROT7EMENT NO.
GRAVELING IMPROVEMENT NO. C-136
ST. S-168
The entire cost of said improvements is hereby ordered to be assessed against
the properties located in Emerald Woods Addition.
MoKion for adoption of the resolution was seconded by Xember Turner.
Rollcail:
Ayes: Eredesen, Schmidt, Turner, Courtney
Resolution adopted.
Nays : Rtchards I.
EIDS A'UTiIOXIZED FOR EMERAT.3 -_I__ bJOODS ADDITION IFPROVEMEILTTS .
Mr. Hoffman, Nernber Schmidt offered the following resolution and moved its adoption:
As recomnended by
RESOLUTION APPROVING PLANS AND SPECIFICATIONS
FOR PROPOSED IMPROVEMENTS AND
DIKECTING ADVERTISEMENT FOR BIDS
SANITARY SEWER IFVROVEMENT NO. SS-360
WATERXATN IMPROVEIVIENT NO. Wbi-345
ST@X1Y SEWER I>PROT~EMENT NO a ST. S-168
1.. The plans and specifications for the proposed Tmprovcments set forth in the
foll.owing ArlPertj-sement for Bids form, heretofore prepared by the City Engineer
and not? 011 file in the cffice of the City Clerk are hereby approved.
256
2.
letin the following notice of bids for improvement:
The Clerk shall cause to be published in the Edina Sun and Construction Bul- .
(Official hbI.ication)
CITY 0" EDINA
4801 FJ. 50TH STREET
EDINA, MINNESOTA *55424
ADVERTISEMENT FOR BIDS
CONTRACT IF81-12 (ENG) I
SANITARY SEWER IEIPROVEI!IENT NO. SS-360
WATEREfAIN IMPROVEblENT NO. IN-345
STORM SEWER IMPROVEMENT NO. ST. S-168
..
I GRAVELING IMPROVEMENT NO. C-136
BIDS CLOSE OCTOBER 29, 1981
SEALED BIDS will be received and opened in the City Council Chambers in Edina City
Hall, 4801 Nest 50th Street at 11:OO A.M., Thursday, October 29, 1981. The City
Council will meet at 7:OO P.M., Monday, November 2, 1981 to consider said bids for
Sanitary Sewer, Watermain, Storm Sewer and Graveling for Emerald Woods Addition.
The following are approximate quantities of major items:
747 L/F, 8" D.I.P. C1. 5% - Sanitary Sewer
308 L/F, 6" D.I.P. CI. 55 - Watermain
97 L/F, 1%'' Copper - Watermain
1 Each, Standard Fire Hydrant
424 L/F, 15" R.C.P. - Storm Sewer
5 Each, Standard Manholes
3 Each, Type "C" Catch Basins
1290 Tons, Class 2 Gravel
Bids shall be in a sealed envelope with a statement thereon showing the work
covered by the bid.
4801 West 50th Street, Edina, Minnesota 55424, and mailed or submitted personally
to the City Engineer. Bids received by the City Engineer, either through the
mail or by personal submission, after the time set for receiving them may be re-
turned unopened.
Work must be done as described in plans and specifications on file in the office
of.the City Engineer. Plans and specifications are available for a deposit of .
$25.00 (by check).
specifications with a bona fide bid. No bids will be considered unless sealed
an_d accompnied by bid bond or certified check payable to the City Clerk in the
amount of at least tea (10) percent of amount of base bid.
reserves the right to reject any or all bids.
BY ORDER OF THE EDINA CITY COUNCIL.
Bids should be addressed to the City Engineer, City of Edina,
Said deposit to be returned upon return of the plans and
The City Council
Marcella M. Daehn
Acting City Clerk
Motion for adoption of the resolution iqas seconded by Member Turner.
Rollcall :
Ayes: Bredesen, Schmidt, Turner, Courtney
Nays : Richards
Resolution adopted.
I
OAK POND OF INTERLACHEN EASEPIENT VACATION HEARING DATE SET.
Mr. Hoffaan, Member Bredesen offered the following resolution and moved its adoption:
As recommended by
RESOLUTION CALLING PUBLIC HEARING ON VACATION
OF EASEMENTS FOR DRAINAGE AND STORPI WATER STORAGE PURPOSES
BE IT RESOLVED by the City Council of the City of Edina, Hennepin County, Minnesota,
as follows:
1. It is hereby found and determined that the following described easement for
drainage and sto-rm water storage purposes should be considered for vacation, in
accordance with the provisions of Minnesota Statutes, Sections 412.851 and 160.29:
That part of Tract A, Registered Land Survey No. 1404 described as follows:
Beginning at a point on the South line of said Tract A, which point is
100 feet East of the Southwest corner of said Tract A; thence Easterly
along the South line of said Tract A a distance of 130 feet; thence
Northerly deflecting 90 degrees to the left, a distance of 110 feet;
thence Westerly, deflecting 90 degrees to the left, a distance of 130 feet;
thence Southerly. a distance of 110 feet to the point of beginning.
This Council shall meet at the time and place specified in the form of notice
I
2.
included in paragraph 3 hereof for the purpose of holding a public hearing on
whether such vacation shall be made in the interest of the public.
3. -The Clerk is authorized and directed to cause notice of the time, place and
purpose of 'said hearing to be published once a week for two weeks, in the Edina
Sun, bei-ng the official newspaper of the City, the first publication at least 14
days prior to the date of such hearing and to post such notice, at least 14 days
prior to the date of such hearing, in at ].east three (3) pahlic and conspicuous
places within the City, as provided in PJinnesota Statutes, Section 432.851.
notice shall be in substantiall-y the fol1.0~7ing form:
Such
..
257
(Official Publication)
4801 W. 5OTI-T STREET
EDINA, MINNESOTA 55424
NOTICE OF PUBLIC HEARING
ON VACATION OF EASEMENTS FOR DRAINAGE AND STORM WATER STORAGE
IN THE CITY OF EDINA, COUNTY OF HENNEPIN, NINNESOTA
CITY OF EDINA *
NOTICE IS HEREBY GIVEN that the Edina City Couiicil will meet at the Edina City
Hall, 4501 W. 50th Street, on Monday, November 2, 1981, at 7:OO o'clock p.m.,
for the purpose of holding a Public Hearing on the proposed vacation of the
following easement for drainage and storm water storage purposes:
That part of Tract A. Registered Land Survey No. 1404 described as follows:
Beginning at a point on the South line of.said Tract A, which point is
100 feet East of the Southwest corner of said Tract A; thence Easterly
along the South line of said Tract A a distance of 130 feet; thence
Northerly, deflecting 90 degrees to the left, a distance of 110 feet;
thence Westerly, deflecting 90 degrees to the left, a distance of 130 feet;
thence Southerly a distance of 110 feet to the point of beginning.-.
All persons who desire to be heard with respect to the question of whether or not
the above proposed easement vacations are in the public interest and should be
made shall be heard at said time an6 place.
extent to which such proposed easement vacations affect existing easements within
the area cf the proposed vacations and the extent to which the vacations affect
the authority of any person, corporation or municipality owning or controlling
electric or telephone poles and lines, gas and sewer lines, or water pipes, mains
and hydrants on or under the area of the proposed vacation? to continue maintaining
the same or to enter upon such easement areas or portion thereof vacated to
maintain, repair, replace, remove, or otherwise attend thereto, for the purpose of
specifying? in any such vacation resolution, the extent to which any or all of
any such easements, and such authority to maintain, and to enter upon the area of
the proposed vacation, shall continue.
BY ORDER OF THE EDINA CITY COUNCIL.
The Council shall consider the a *e> cn 3 5 a
Marcella M. Daehn
Acting City Clerk
Motion for adoption of the resolution was seconded by Member Schmidt.
Rollcall :
Ayes: Bredescn, Richards, Schmidt, Turner, Cointney
Nays: None
Resolution adopted.
REALLOCATION OF CDBG FUNDS - YEARS VI AND VI1 CONTINUED.
Mr. Rosland
reallocation of Community Development Block Grant Funds - Years VI and VI1 to
October 13, 1981.
As recommended by
Piember Schmidt's motion was seconded by Member Tusner continuing the
hyes: Bredesen, Richards, Schmidt, Turner, Courtney
Nays: None
$10 t ion carried.
ORDINANCE 'NO. 121-A5 (HOLIDAYS) ADOPTED; 2ND READIEG WAIVED. As recoinmended by
PIr. Rosland, Member Schmidt offered the following ordinance and moved its adoption
waiving second reading:
ORDINANCE NO. 121-u
AN ORDINASCE _WNDING ORDIKANCE NO. 121 TO REPEAL
AS "PAID L7ACATION DAYS" AND TO PROVIDE THAT SUCH
A LIST OF PAID HOLIDAYS, TO REDESIGNATE "PAID HOLIDAYS"
PAID VACATION DAYS SHALL BE ESTABLISEED BY RESOLUTION
Section 1. Section 10 of Ordinance No. 121 is hereby amended to read as
THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, ORJJAINS:
follows :
"Sec. 10. Paid Vacation Days. The City Council shall from time to time '
establish paid vacation days by resolution unless otherwise provided for in
contract. Such paid vacation days shall not be constr,ued to be ?vacation Leave'
referred to in Section 5 of this ordinance and shall not be governed by the pro-
visions of Section 5 of this ordinance. .The City Hall shall be cloqed for business
on each of such paid vacation days; provided, however, that employees may be required
to work on paid vacation days when the nature of their duties or other conditions
so require. If an employee is required to work on a paid vacation day, that employee
shall receive another day off as the City Manager shall determine unlesg consider-
.ation is given to this factor in determirig work schedules. The City Iknager, in
his discretion, may grant paid vacation days to individuals for the celebration of
ccrta3.n religious Holy Days observed 3y their part?-cular faith, 'I
passage and publication.
Motion for adoption of the' ordinance was seconded by Member Turner.
Sec. 2, This ordinance shall be in fu1.l force and effect immediately,upsn -its
Rollcall : 258
Ayes: Bredesen, Richards, Schmidt, Turner, Courtney
Nays: None
Ordinance adopted.
i.
.. Attest:
V Acting City Clerk
Member Turner offered the following resolution and moved its ad'option:
\.THEREAS, the State of Minnesota mandates cel;tain holidays on which the City Hall
must be closed to the conduct of business with-an optional selection between
Columbus Day or the Friday after Thanksgiving, and'
WHEPaAS, the City has granted the following number of holidays in the past and has
the authority under Ordinance No. 12145;
THEREFORE, BE IT RESOLVED that the City Council establishes the following as .
holidays until superseded by resolution: New Years Day; Washington and Lincoln
Birthdays (third Xonday in February); Good Friday (the Friday next preceeding ;
Easter Sunday); Memorial Day (last Monday in May); Fourth of July (July 4);
Labor Day (first Eionday in September); Veterans Day (November 11); Thanksgiving
Day; Friday after Thanksgiving (the first Friday after Thanksgiving); and Christmas
Day (December 25).
when Christmas Day and New Pears Day fall on Tuesday through Friday.
Years Day, the Fourth of July, Veterans Day or Christmas Day fall on a Saturday,
the preceeding Friday shall be a holiday and if any of these four fall on Sunday,
the following Ionday shall be a holiday.
Motion for adoption of the resolution was seconded by Member Schzidt.
RESOLUTION
: I-
-
Christmas Eve afternoon and New Pears Eve afternoon are holidays
When New
Rollcall :
Ayes: Bredesen, Richards, Schmidt, Turner, Courtney
Nays: 1;lone .
Resolution adopted.
LIQUOR FUND REPORT as of August 31, 1981, was presented by Mr. Dalen, reviewed and
ordered place on file by motion of Member Turner, seconded by Member Schmidt.
Ayes: Bredesen, Richards, Schmidt, Turner, Courtney
Nays: None .
Motion carried.
Ci,AI$E PAID. Motion of Member Turner, was seconded by Neinber Schmidt, for payment
of the following Claims as per Pre-List: General Fund, $69,225.51; Park Fund,
$15,000.07; Art Fund, $3,957.94; Park Construction, $20.00; Swimming Pool, $996.45;
Golf Course, $9,231.45; Arena, $4,127.29; Gun Range, $52.90; Nater Fund, $7,352.80;
Sewer Fund, $2,282.89; Liquor Fund, $2,928.32; Constzuction, $7,235.39; IBR #2,
$114.59; Total, $122,525.60; and for confirmation of the following claims: General
Fund, $67,096.17; Park Fund, $1,032.91; Art Fund, $268.22; Swimming Pool, $505.07;
Golf CQ,urse, $6,034.71; Arena, $827.87; Gun Range, $184.02; Water Fund, $957.28;
Sewer Fund, $74.32; Liquor Fund, $167,550.96; Total, $244,531.53.
Ayes: Bredesen, Richards, Schmidt, Turner, Courtney
Nays: None
Motion carried.
No further business appearing, Mayor Courtney declared the meeting adjourned at
10:25 p.m.
*&%. &Q+.-
Acting City Clerk
i. I