HomeMy WebLinkAbout19840213_special202
MINUTES
OF THE SPECIAL MEETING OF THE
EDINA CITY COUNCIL HELD AT CITY HALL
FEBRUARY 13, 1984
Answering rollcall were Members Bredesen, Richards, Schmidt, Turner and Mayor
Courtney.
BID AWARDED FOR SALE OF $2,300,000 GENERAL OBLIGATION TAX ANTICIPATION CERTIFI-
CATES OF INDEBTEDNESS. Pursuant to a Resolution of the Council adopted February 6,
1984, authorizing the sale of $2,300,000 General Obligation Tax Anticipation Certi-
ficates of Indebtedness and directing negotiation for bids thereon, it was
reported that two sealed bids have been received by the City Finance Director-
Treasurer prior to the meeting.
ulated and are as follows:
.
The bids have been publicly opened, read and tab-
Bidder
First National Bank of Minneapolis
Price Interest Rate
$2,300,000 5.70%
American National Bank & Trus; Company-St. Paul $2,300,000 5.90%
Member Bredesen then introduced the following resolution and moved its adoption:
RESOLUTION RELATING TO AND PROVIDING FOR BORROWING MONEY IN
ANTICIPATION OF THE RECEIPT OF TAXES; AUTHORIZING THE ISSUANCE
OF $2,300,000 GENERAL OBLIGATION TAX ANTICIPATION CERTIFICATES
OF INDEBTEDNESS, AWAEDING THE SALE THEREOF,'FIXING TEIE FORM
AND DETAILS THEREOF, PROVIDING FOR THE EXECUTION AND DELIVERY
THEREOF AND PROVIDING FOR A DEBT SERVICE FUND THEREFOR
BE IT RESOLVED by the City Council of the City of Edina, Minnesota (the City),
as follows:
Authority.
purposes in the amount of $6,343,000.
amounts receivable by the City from collections in 1984 of general taxes levied
in 1983 for general City purposes, will not be received in time to meet all
expenditures necessary to be made for the purposes for which such taxes have been
levied.
City, in accordance with the provisions of Minnesota Statutes, Section 412.261,
as amended, to borrow money by the issuance of its General Obligation Tax Antici-
pation Certificates of Indebtedness in the total principal amount of $2,300,000
(the Certificates),
of the City and the total aggregate principal amount of which does not exceed the
total current taxes for general City purposes to be deposited in the general fund
which are uncollected at this time, plus cash on hand in such fund.
purpose this Council hereby authorizes the issuance of the Certificates upon the
terms and conditions set forth therein.
Section 2. Sale. Pursuant to Minnesota Statutes, Section 475.60, subdivision 2,
the requirements as to public sale do not apply to the issuance of the Certificates
by the City, if the Certificates are sold in accordance with the most favorable of
'two or more proposals solicited privately. The City Finance Director-Treasurer has
solicited on behalf of the City two or more proposals for the purchase of the
Certificates. The solicitation of such bids by the City Finance Director-Treasurer
is hereby approved and ratified. Two sealed bids for the purchase of the Certifi-
cates were received prior to the time of this meeting. The bids have been opened
and publicly read and considered, and the purchase price, interest rate and net
interest cost under the terms of eacfi bid have been determined. The most favorable
offer received is that of First National Bank of Minneapolis, Minnesota, to purchase
the Certificates at a price of $2,300,000 with interest at the rate of 5.70% per
annum, payable at maturity.
Manager are hereby authorized and directed to execute a contract on the part of the
City for the sale of the Certificates to such purchaser.
the unsuccessful bidders shall be returned forthwith.
"General Obligation Tax Anticipation Certificates of Indebtedness".
shall be dated as of the date of delivery to the purchaser thereof and shall bear
interest, payable at maturity, at the rate per annum stated in Section 2 hereof.
The Certificates will be in bearer form, numbered consecutively, and in the demoni-
nation of $50,000 each, unless other denominations (which must be in integral
multiples of $50,000) are requested by the purchaser on or before February 15,
1984.
basis of the number of days elapsed in a 360-day year. The Certificates shall
mature on July 31, 1984, without option of prior payment.
the interest on the Certificates shall be payable to bearer at the office of the
City Finance Director-Treasurer.
Council estimates that (i) the Certificates will not be outstanding after a period
ending thirteen months after the date on which the Certificates are issued and
(ii) that the amount of the Certificates authorized to be issued does not exceed
Section 1. The City has levied in 1983 taxes for general City
It is found and determined that the
-
To meet such expenditures it is therefore necessary and expedient for the
the proceeds of which will be deposited in the general fund
For this
Such offer is hereby accepted, and the Mayor and City
The good faith checks of
Section 3. Terms of Certificates. The Certificates shall be denominated
The Certificates
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The interest payment required on the Certificates shall be computed on the
The principal of and
Section 4. Statement of Expenditures and Receipts; Arbitrage Certificate. The
21 i3 1 84
203
the maximum anticipated cumulative cash flow deficit to be financed by such tax
collections and other funds for the period during which the Certificates will
be outstanding, as contemplated by the regulations of the Internal Revenue
Service, 26 CFR Part 1, Section 1.103-14(~)(1) (the Regulations), promulgated
under Section 103(c) of the Internal Revenue Code of 1954, as amended (the Code),
The City Finance Director-Treasurer is directed to prepare a statement of esti-
mated expenditures and receipts during the period for which the Certificates
will be outstanding, for the purpose of verifying the correctness of this estimate.
In the event that such statement does not verify this Council's estimate, the
1 amount of the Certificates shall be reduced to such amount as will not exceed
such maximum anticipated cumulative cash flow deficit. Prior to the issuance
of the Certificates, the Mayor and City Manager shall execute and deliver to the
purchaser of the Certificates a certificate as contemplated in Section 1.103-13
(a)(2)(ii) of the Regulations stating the facts, estimates'and circumstances on
the basis of which it is not expected that the proceeds.of the Certificates will
be used in a manner that would cause the Certificates to be "arbitrage bonds''
within the meaning of Section 103(c) of the Code.
Section 5. Form of'certificates. The Certificates shall be typewritten in
substantially the following form:
I
UNITED STATES OF AMERICA
STATE OF MINNESOTA
COUNTY OF HENNEPIN
CITY OF EDINA-
GENERAL OBLIGATION TAX ANTICIPATION
CERTIFICATE OF INDEBTEDNESS
No. - $
KNOW ALL MEN BY THESE PRESENTS that the City of Edina,
Hennepin County, Minnesota (the City), acknowledges itself
to be indebted and for value received hereby promises to pay
to bearer, upon presentation and surrender hereof, the principal
sum of
D 0 L L A R S
($ 1 in lawful money of the United States of America
thereon payable on that date in the amount of $ , being
at the rate of percent (
per annum, upon presentation and surrender of this Certificate
of Indebtedness at the office of the City Finance Director-Treasurer,
in Edina, Minnesota. For the prompt payment of this Certificate
of Indebtedness, both principal and interest as aforesaid,
the proceeds of the taxes assessed on account of the funds
against which this Certificate of Indebtedness is issued and . the full faith and credit of the City are hereby irrevocably
pledged.
all of like date and tenor, except as to serial number [and
denomination], in the aggregate principal amount of $2,300,000
issued against and for the use of the general fund of the City,
for which fund the total amount embraced in the general taxes
levied in 1983, collectible in 1984, is $ , and is issued
pursuant to and in accordance with the Constitution and laws
of the State of Minnesota thereunto enabling, including Minnesota
on July 31, 1984, without option of prior payment, with interest I
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This Certificate of Indebtedness is one of an issue
i - Statutes, Section 412.261 and Chapter 475, in.anticipation
.of the receipt of general taxes heretofore levied by the City
for general purposes, which taxes at the date of issuance hereof
remain unpaid and are due and payable in the current calendar
year and as to which no penalty for nonpayment has attached.
IT IS HEREBY CERTIFIED AND RECITED that all acts,
conditions and things required by law to be done, to exist
and to be performed precedent to and in the issuance of this
Certificate of Indebtedness have been done, do exist and have
been performed in due form, time and manner as requrred by
law and that the issuance of this Certificate of Indebtedness
does not cause the indebtedness of the City to exceed any statutory
or constitutional limitation.
IN WITNESS WHEREOF, the City o'f Edina, Hennepin County, State of Minnesota, has caused this Certificate of Indebtedness
to be signed by the Mayor and the City Manager and has caused
its official seal to be affixed hereto, and has caused this
Certificate of Indebtedness to be dated this - day of February,
.
* 1984.
ATTEST:
2/13/ 84
204
Section 6. Execution and Delivery. The Certificates shall be prepared under
the direction of the City Clerk and the City Finance Director-Treasurer, in sub-
stantially the form heretofore prescribed. When prepared, the Certificates shall
be signed on behalf of the City by the Mayor and City Manager and the seal of the
City shall be affixed thereto. In the absence or disability of the Mayor, the
Certificates shall be executed by the Acting Mayor, and in the absence or dis-
ability of the City Manager the Certificates shall be executed by Mark Bernhard-
son as Assistant City Manager. When the Certificates have been so executed and
authenticated, the City Finance Director-Treasurer shall cause the Certificates
to be delivered to the purchaser thereof upon receipt of the purchase price. The
purchaser shall not be obligated to see to the application of the purchase price.
The proceeds of the Certificates,
except any premium paid by the purchaser, shall be deposited in the general fund
of the City and used solely to pay claims duly approved and allowed with respect
to current operating expenses of the kinds and within the amounts provided in
the official budget of the City for the year ending December 31, 1984. A tax in
the amount of $6,343,000 has been levied for the purposes of the general fund
and is payable, according to law, one-half on or before May 15, 1984, and one-
half on or before October 15, 1984. The proceeds of this tax shall be credited
to the debt service fund created in Section 8 hereof as received until the amount
in the debt service fund is sufficient to pay the principal and interest due on
the Certificates on July 31, 1984, at which time the proceeds of this tax shall
be credited to the general fund.
Section 8. Debt Service Fund. A special debt service fund (the Fund) is
created and shall be maintained by the City Finance Director-Treasurer as a
bookkeeping account in the financial records of the City separate from all other
funds for the payment of the principal of and the interest on the Certificates.
The premium, if any, received from the purchaser shall be credited to the Fund.
From the proceeds of the tax referred to in Section 7 there shall be credited to
the Fund an amount which, added to the premium, if any, and investment income
therefrom, equals the amount required to pay the principal and interest due on
July 31, 1984, with respect to the Certificates.
appropriated to the Fund for the payment of such principal and interest.
such payment and cancellation of the Certificates, any balance in the Fund shall
be transferred to the general fund.
pledged for the payment of the principal of and interest on the Certificates and,
in accordance with Minnesota Statutes, Section 412.261 and 475.61, the City
covenants and agrees that it will levy and cause to be extended upon all taxable
property within its corporate limits such additional taxes, if any, as may be
required for the payment of such principal and interest in full.
The City Clerk is hereby authorized and directed
to file a certified copy of this resolution with the Hennepin County Director of
Property Taxation, together with such other information as he shall require, and
to obtain from said Director of Property Taxation, a certificate that the Certi-
ficates have been entered on his bond register as required by law.
The officers of the City and the Hennepin County
Director of Property Taxation are hereby authorized to prepare and furnish to the
purchaser of the Certificates and the attorneys passing on the legality of the
issuance thereof certified dopies of all proceedings and records of the City
relating thereto and to the financial condition and affairs of the City, and all
such certified copies, including any heretofore furnished, shall be deemed
representations of the City as to facts recited therein.
The City covenants and agrees with the holders from
time to time of the Certificates 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 Certificates to become subject to taxation under the Code, and regulations,
. amended' regulations and proposed regulations issued thereunder, as now existing
or as hereinafter amended or proposed and in effect at the time of such action.
Section 7. Use of Proceeds of Certificates.
This amount is irrevocably
After
The full faith and credit of the City are
Section 9. Registration.
.
Section 10. Certifications.
Section 11. Covenant.
ATTEST : y$&%* &=&..-
City Clerk
The motion for the adoption of the foregoing resolution was duly seconded by
Member Schmidt, and upon vote being taken thereon the following voted in favor
thereof :
Rollcall :
Ayes: Bredesen, Richards, Schmidt, Turner, Courtney
Nays: None
whereupon said resolution was declared duly passed and adopted, and was signed by
the Mayor, which was attested by the City Clerk.
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ORDINANCE NO. 117 MORATORIUM ON MULTIPLE FAMILY PERMIT ISSUANCE ADOPTED; SECOND
READING WAIVED.
Comprehensive Zoning Ordinance conducted at the last meeting the Council had
Attorney Erickson recalled that at the continued hearing on the
discussed adoption of an ordinance imposing a moratorium on buildings containing
three or more dwelling units for the purpose of protecting the planning process.
A draft ordinance has been prepared which would prohibit construction of such
buildings to and including March 8, 1984.
Kenneth has applied for a building permit on his undeveloped lots on Lincoln
Drive and that the Building Department is proceeding to review those plans.
Because the Council is in the process of considering a new zoning ordinance, it
may be that if the proposed building proceeds in the normal course, the permit
could be issued before the ordinance is adopted which may result in difficulties
with the ordinance as subsequently adopted.
the freedom to make decisions on the ordinance without having a building permit
issued and possible construction underway.
buildings containing three or more units and would affect all residential proper-
ties in excess of R-2 District zoning in the City.
other properties would be affected by the moratorium in addition to those three
identified at the last meeting. Mr. Hughes pointed out that the following may be:
1) the Biltmore site on Vernon Avenue, 2) the Haymaker project on the west side of
Summit Avenue, 3) Kyllo Development project at Vernon Avenue and the Crosstown,
and 4) a site at 78th'Street and Cahill Road. He advised that he has contacted
all the owners, advised them of this meeting and invited them to appear.
Bredesen then offered Ordinance No. 117 and moved its adoption, waiving Second
Reading, as follows:
Mr. Erickson explained that Wallace
The moratorium would give the Council
It would apply to all residential
Member Turner asked if any
I
Member
ORDINANCE NO. 117
AN ORDINANCE PROHIBITING CONSTRUCTION OF
NEW BUILDINGS CONTAINING THREE OR MORE
DWELLING TJNITS AND PROHIBITING THE ADDITION
OF DWELLING UNITS TO EXISTING BUILDINGS
CONTAINING THREE OR MORE DWELLING UNITS
THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA ORDAINS:
Section 1. Purpose. The Edina Comprehensive Plan (the "Plan") was approved
by the Edina City Council on December 21, 1981 and approved by the Metropolitan
Council on October 8, 1981, all pursuant to Minnesota Statutes Sections 473.851
through 473.872 (the "Metropolitan Land Planning Act").
the Metropolitan Land Planning Act, Edina is now conducting stufies for the
purpose of considering adoption of official controls, including a zoning ordinance
and a subdivision ordinance, to implement the Plan, and has conducted and scheduled
hearings to consider adoption of a new comprehensive zoning ordinance to implement .
the Plan.
other things, the number of dwelling units on properties developed and to be deve-
loped with buildings containing three or more dwelling units.
new ordinances are being considered, proposals for, and applications for permits
to allow, construction of new buildings and additions of dwelling units to existing
buildings containing three or more dwelling units continue to be made. Therefore,
in order to protect the planning process and the health, safety and welfare of the
citizens of Edina, it is necessary and desirable to impore the following moratorium.
Sec. 2. Moratorium. From the effective date of this ordinance to and including
Pursuant to the Plan and I
The zoning ordinance being considered will regulate and control, among
However, while the
March 8, 1984, subject to earlier termination or extention'by the Edina City ._
Council, the Edina City Council and the Edina City staff shall not:
~
(1) accept, or continue to process, any application for rezoning, or any new
plat or subdivision;
(2) accept any applications for, continue to process or issue any building
permits; or '
(3) accept any applications for, or continue to process, any variances from
any existing platting, subdivision or building ordinances of the City
which will or may result in the construction of new buildings containing three or
more dwelling units or the addition of dwelling units to existing buildings con-
taining three or more dwelling units.
upon its passage and publication.
Sec. 3. Effective Date. This ordinance shall be in full force and effect
ATTEST :
-??pcwe%%-&L.-
Mayor 4 P
City Clerk
Motion for adoption of the ordinance with waiver of Second Reading was seconded
by Member Turner.
Wayne Vandervort, representing Wallace Kenneth, reiterated Mr. Kenneth's opposition
to the proposed rezoning of his property. He suggested that Wallace Kenneth's
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R-4 District property be exempt from the rezoning proposed under the new Compre-
hensive Zoning Ordinance and that the City proceed to issue the building permits in
due course. For the record, he stated that Mr. Kenneth will comply with all appli-
cable building codes, that he has submitted construction plans and to the best of
his ability he believes they do conform, and that he will make any modifications
required.
seconded the motion because she felt it was important to protect the planning
process, that she is still studying the issue of how this property will be affected
by the new Comprehensive Zoning Ordinance and that the mortatorium is appropriate.
Mayor Courtney then called for a rollcall vote on the motion to adopt the ordinance
imposing a moratorium.
Following considerable discussion, Member Turner stated that she had
I Rollcall :
Ayes: Bredesen, Richards, Schmidt, Turner, Courtney
Ordinance adopted.
ORDINANCE NO. 171-A14 (LICENSE FEE FOR AMUSEMENT MACHINES) ADOPTED ON SECOND READING.
Mr. Rosland recalled that Ordinance No. 171-A14 adjusting the license fee for amuse-
ment machines had been given First Reading at the Council Meeting of February 6, 1984.'
No objectiong being heard, Member Schmidt offered Ordinance No. 171-AJ-4 for Second
Reading and moved its adoption as follows:
ORDINANCE NO. 171-A14
AN ORDINANCE &ENDING ORDINANCE NO. 171
TO ADJUST THE AMOUNTS OF CERTAIN FEES-
THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, ORDAINS:
Section 1. The amounts of Fee Nos. 5a and 5b of Schedule A to Ordinance
No. 171is hereby amended to read as follows:
ORD.. SEC.'
NO. NO. PURPOSE OF FEE/CHARGE AMOUNT FEE NO. -- 211 5 Nachine or Amusement Device $25.00 annually per 5
establishment, plus
$5.00 per machine for
all machines described
in Section 1
Sec. 2. This ordinance shall be in full force and effect immediately upon its
passage and publication.
Motion for- adoption of the ordinance was seconded by Member Turner.
Rollcall :
Ayes : Bredesen , Richards, Schmidt , Turner, Courtney
Ordinance adopted.
ATTEST : 4
. _.
City Clerk
ORDINANCE NO. 211-A2 (REGULATING AND LICENSING AMUSEbENT MACHINES) ADOPTED ON SECOND
READING. Mr. Rosland stated that Ordinance No. 211-A2 regulating and licensing amuse-
ment machines was granted First Reading at the February 6, 1984 Council Meeting. {As
recommended by staff and the City Attorney, the prohibition on persons under the age
of 18 from playing or using amusement devices is deleted and the term "amusement
device" is redefined. Member Richards questioned the rationale for deleting the
prohibition on persons under the age of 18. Attorney Erickson replied that presently
the City is not enforcing the age restriction, it has been-challanged as unconstitu-
tional and discriminatory without basis, and the City has a curfew ordinance which
together with state statutes would allow the Police Department to respond tn.any prahlem
regarding the use of amusement machines by persons under the age of 18. Following
discussion on the issue of the age prohibition, Member Schmidt offered Ordinance
No. 21142 for Second Reading and moved its adoption as follows: I ORDINANCE NO. 211-A2
AN ORDINANCE AMENDING ORDINANCE NO. 211 TO DELETE
"BECHANTCAL" FR9M THE ORDINANCE TITLE, TO MEND THE
DEFINITION OF MACHINE AND TO REPEAL THE RESTRICTION
ON OPERATION OF MACHINES BY PERSONS UNDER THE AGE OF 18 YEARS
THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA ORDAINS:
Section 1.
Sec. 2. Definition. Section 1 of Ordinance No. 211 is hereby amended to read
"Section 1. Definition. The term "machine" or amusement device" as used
herein means any machine, contrivance or device, including, without limitation,
video, electronic or mechanical, of any of the foilowing types:
operates, or may be operated, .as a game, contest or other amusement only and
which contains no automatic payoff device for the return of money, coins,
The word "Mechanical" in the title of Ordinance No. 211 is hereby
deleted.
as follows:
11
(a) a machine which upon the insertion of a coin, slug or other token
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207
merchandise,'checks, tokens or any other thing or item of value; provided,
however, that such machine may be equipped to permit a free play or game;
or gun ranges, and machines patterned after baseball, basketball, hockey and
similar games and like machines which may be played solely for amusement and
not as gambling devices, and which machines are played by the insertion of a
coin or coins or at a fee fixed and charged by the establishment in which such
machines are located; or
such as, but not limited to, kiddie cars, miniature airplane rides, mechanical
horses, and other miniature mechanical devices, not operated as a part of or
in connection with any carnival, circus, show, or other entertainment or
exhibition .It
Sec. 3. Fees. The fee for the license required by this ordinance shall be
Sec. 4. Op-eration by Minors.
(b) miniature pool tables, bowling machines, shuffle boards, electric rifle
(c) amusement devices designated for and used exclusively by children,
as provided from time to time by Ordinance No. 171 of the City.
Section 10 of Ordinance No. 211 restricting
operation of machines by persons under the age of 18 years, is hereby repealed
in its entirety.
Sec. 5. This ordinance shall be in full force and effect upon its passage
and publication.
Motion for adoption of the ordinance was seconded by Member Turner.
Rollcall :
Ayes: Bredesen, Schmidt, Turner
Nays: Richards, Courtney
Ordinance adopted. P.Z-*p& c-
ATTEST : ayor
%ii 3- M
City Clerk
COMPREHENSIVE PLAN FOR 1980 REVIEWED. Mr. Hughes advised that the Edina Compre-
hensive Plan was approved by the Council in December, 1981 and should now be up-
dated to include the following: 1) demographic data from the 1980 Census, 2) addition
of a Mixed Use Land designation, 3) changes prompted by the new Comprehensive
Zoning Ordinance, 4) capital improvement program, 5) service level analysis,
6) the Bloomington/Edina land trade and 7) the Hedberg park land. He stated that
any changes would have to be reviewed by the Metropolitan Council. Any addftional
items vhich the Council feels should be considered should be given to the staff.
Member Turner pointed out that possibly these should be reviewed: 1) the housing
chapter, 2) accessory housing, and 3) the density bonus for meeting certain -
criteria. Mr. Hughes advised that the Metropolitan Council is starting to revise
the housing chapter in the Metropolitan Development Guide and it may be wise to
wait until that is completed before changing the housing chapter. Aily changes to
'to the Plan would be made after the adoption of'the Zoning Ordinance.
Richards asked that staff prepare a list of suggested topics so that the Council
could reflect upon them prior to a discussion of them. No formal action was taken.
Member-
PROGRESS ON EDINBOROUGH PROJECT DISCUSSED. Mr. Rosland advised that the developers
have been meeting with staff on a weekly basis and hope to make a formal presenta-
tion to the Council in the month of March.
as follows:
spaces, to be built in quadruples .with 3 units in each, 2) two office buildings
of approximately 140,000 square feet, 3) a 17-story building housing the elderly,
with a monthly rental fee, 2 meals a day provided, a restaurant, and cleaning and
laundry service, and 4) an enclosed park with some outdoor facilities and parking.
The first phase of the project would include the elderly housing building, one
office building, the park and a basic leg of the townhouse units.
taken.
He then briefly outlined the project
1) marketing concept - 400 townhouse units with underground parking
No action was
LEAGUE OF MINNESOTA CITIES LEGISLATIVE CONFERENCE NOTED. Mr. Rosland informed the
Council that the League of Minnesota Cities Legislative Conference is scheduled
for March 13 and 14, 1984, in St. Paul, and that any Members wishing to attend
should let him know so that reservations can be made.
COUNCIL/LEGISLATORS BREAKFAST SCHEDULED FOR FEBRUARY 15. Mr. Rosland advised that
an agenda has been prepared for the Council/Legislators Breakfast scheduled for
February 15, 1984, in the Manager's Conference Room and that Representatives
Mary Forsythe and Sidney Pauly, Senator Don Storm and Commissioner Richard Kremer
will be meeting with the Council Members.
There being no further business on the agenda, the meeting was adjourned by Mayor
Courtney at 8:30 p.m.
City Clerk