HomeMy WebLinkAbout19840806_regular106 MINUTES
OF THE REGULAR MEETING OF THE
EDINA CITY COUNCIL HELD AT CITY HALL
AUGUST 6, 1984
Answering rollcall were Members Bredesen, Schmidt, Turner, and Mayor Courtney.
(Member Richards entered the meeting at 8:07 p.m.)
DONALD MEmR COMMENDED.
has been a liquor store clerk at the York Avenue location since June 1, 1970.
duties include purchasing of all beer as well as determining the weekly specials
for all three municipal liquor stores.
excellence job performance and presented him with a silver pen bearing the Edina Logo.
Members of the Council joined in commending and thanking him.
Mr. Rosland introduced Donald Meyer and commented that he
His
Mr. Rosland commended Mr. Meyer for his
PUBLIC HEARING CONDUCTED; ORNWNTAL STREET LIGHTING IMPROVEMENT NO. L-26 AUTHORIZED-
Affidavits of Notice were presented by Clerk, approved as to
on file. Pursuant to due notice given, a public hearing was
taken as hereinafter set forth:
A. ORNAMENTAL STREET LIGHTING IMPROVEMENT NO. P-L-26 IN THE
Ashcroft Lane and West 63rd Street
Engineer Hoffman presented total estimated construction cost
form and ordered placed
conducted and action
FOLLOWING :
for Ornamental Street
Lighting Improvement No. P-L-26 at $840.00, proposed to be assessed against four
property owners at $210.00 per assessable lot. The project is being proposed as a
result of a petition by three adjacent property owners.
is proposed to be a 100 watt high pressure sodium luminaire mounted on a 15-foot high
pole with a lantern fixture.
at a location between Lot 8, Block 3, Valley View Ridge Addition and Lot 16, Block 3,
Valley View Ridge 2nd Addition.
the rear lot line. An alternative access would increase the estimated cost by approx-
imately $150.00.
were Marilyn Dunbar, 6225 Ashcroft Lane; Evelyn Storebo, 6301 Ashcroft Lane; and
Gordon Newton, 4620 W. 63rd Street. Speaking in opposition to the improvement was
Warren Dahl, 6300 Ashcroft Lane.
introduced the following resolution and moved its adoption:
The fixture to be installed
The light would be installed by Northern States Power
Easements would be required for access by NSP,from
Speaking in support of the proposed street lighting improvement
No further comment being heard, Member Bredesen
RESOLUTION ORDERING
ORNWNTAL STREET LIGHTING IMPROVmNT NO. L-26 _-
BE IT RESOLVED by the Council of the City of Edina, Minnesota, that this Council
heretofore caused notice of hearing to be duly published and mailed to owners of-
each parcel within the area proposed to be assessed on the following proposed
improvement:
,
1. CONSTRUCTION OF ORNAMENTAL STREET LIGHTING IMPROVEMENT NO. L-26 IN THE FOLLOWING:
Ashcroft Lane and West 63rd Street
and at the hearing held at the time and place specified in said notice, the Council
has duly considered the views of all persons interested, and being fully advised
of the pertinent facts, does hereby determine to proceed with the construction of
said improvement including all proceedings which may be necessary in eminent domain
for the acquisition of necessary easements and rights for construction and mainte-
nance of such improvement; that said improvement is hereby designated and shall be
referred to in all subsequent proceedings as OWAMENTAL STREET LIGHING IMPROVEMENT
NO. L-26 and the area to be specially assessed therefore shall include:
Lot 1, Block 4; Valley View Ridge 2nd Addition.
Motion for adoption of the resolution was seconded by Ifember Turner.
Lots 19, Block 2; Lot 8, Block 3; Valley View Ridge Addition and Lot 16, Block 3;
Rollcall :
Ayes: Bredesen, Schmidt, Turner, Courtney
Resolution-adopted .
PUBLIC HEARING ON CASCADE LANE BERMING CONTINUED TO 8/20/84. Affidavits of Notice
were presented by Clerk, approved as to form and ordered placed on file. Engineer
Hoffman advised that two of the three property owners involved have requested that
the public hearing on the Cascade Lane Berming be continued to August 20, 1984.
Member Bredesen's motion was seconded by Member Turner to continue the public hearing
on the Cascade Lane Berming to August 20, 1984. I Ayes: Bredesen, Schmidt, Turner, Courtney
Motion carried.
FINAL PLAT APPROVED FOR MENDELSSOHN 2ND ADDITION. Mr. Hoffman presented the request
for final plat approval for Mendelssohn 2nd Addition, generally located south of
Belmore Lane and west of Griffit Street.
zoned R-1 Single Dwelling Unit District, is presently composed of four parcels, three
of which front on Belmore Lane and are developed with single dwelling homes.
fourth parcel is landlocked and vacant. The proposed subdivision would replat
the property into a total of eight lots, four of which would front on Belmore Lane
and the other four would front on the northerly extension of the Arthur Street
cul-de-sac.
He recalled that the property, which is
The
The plat shows five new building sites. The proposed lots range in
8/6/84
107
are from 10,100 square feet to 16,300 square fee . Mr. Hoffman recalled that
The developer
The proposed westerly extension between Lots 7 and 8
Councilhad granted preliminary plat approval on April 16, 1984.
has petitioned for utilities to be constructed and has signed a developer's
agreement with the City.
of an existing storm sewer will provide proper drainage.
advised that no written record has been found regarding an alleged 1963 sewer
agreement with the property owner of 413 Arthur Street whereby the owner paid
for a sewer extention from Griffit Street. All conditions having been met, staff
would recommend final plat approval, subject to subdivision dedication fee.
Member Turner commented that the proposed subdivision is consistent with the size
of other lots in the area, and moved adoption of the following resolution, subject
to payment by the developer of a subdivision fee in the amount of $8,000.00:
Mr. Hoffman also
$
RESOLUTION APPROVING FINAL PLAT FOR
MENDELSSOHN 2ND ADDITION
BE IT RESOLVED by the. City Council of the City of Edina, Minnesota, that that
certain plat entitled "Mendelssohn 2nd Addition", platted by Frederick G. Braun,
aka Fred G. Braun, aka Fred Braun, and Darlene Braun, aka Darlene A. Braun,
husband and wife, owners and proprietors, and Norwest National Bank of -'
Hopkins, a U.S.A. corporation, mortgage, and Twin City Co-ops Credit Union, a
Minnesota corporation, mortgagee, and presented at the regular meeting of the
City Council of August 6, 1984, be and is hereby granted final plat approval.
Motion for adoption of the resolution was seconded by Member Schmidt.
Rollcall :
Ayes: Bredesen, Schmidt, Turner, Courtney
Resolution adopted..
'LOT DIVISION APPROVED FOR LOT 1, BLOCK 1, HEATHER HILL.
petition for division of Lot 1, Block I, Heather Hill, located at 5607 Heather
Lane.
would be transferred from Lot 2 to Lot 1.
continue to comply with the Zoning Ordinance. Staff would recommend approval.
No objections being heard, Member Bredesen introduced the following resolution
and moved its adoption:
Mr. Rosland presented a
The proponent requests a lot division whereby a 2,727 square foot parcel
Setbacks of existing structures would
RE SOLUTION
WHEREAS, the following described property is at present a single tract of land:
Lot 1, Block 1, Heather
WHEREAS, the owners have requested the subdivision of said tract into separate
parcels (herein called "Parcels") described as follows: . Lot 1, Block 1, Heather Hill, and that part of Lot 2, Block 1, Heather
Hill, lying Northwesterly of a line running from a point on the West
line of said Lot 2, distant 36.36 feet South of the Northwest corner
of said Lot 2, to the Northeast comer of said Lot 2 and there terminating.
and
Lot 2, Block 1, Heather Hill, except that part of Lot 2, Block 1, Heather
Hill, lying Northwesterly of a line running from a point on the West
line of said Lot 2, distant 36.36 feet South of the Northwest corner
of said Lot 2, to the Northeast corner of said Lot 2 and there terminating.
WHEREAS, it has been determined that compliance with the Subdivision and Zoning
Regulations of the City of ,Edina will create an unnecessary hardship and said
Parcels as separate tracts of land do not interfere with the purposes of the
Subdivision and Zoning Regulations as contained in the City of Edina Ordinances
Nos. 801 and 825;
NOW, THEREFORE, it is hereby resolved by the City Council of the City of Edina
that the conveyance and ownership of said Parcels as separate tracts of'land
is hereby-approved and the requirements and provisions of Ordinance No. 801 and
Ordinance No. 825 are hereby waived to allow said division and conveyance thereof
as separate tracts of.land but are not waived for any other purpose or'as to
any other provision thereof, and subject, however, to the provision that no
further subdivision be made of said Parcels unless made in compliance with the
pertinent ordinances of the City of Edina or with the prior approval of this
Council as may be provided for by those ordinances.
Motion for adoption of the resolution was seconded by Member Schmidt.
._
Rollcall :
Ayes: Breseden, Schmidt, Turner, Courtney
Resolution adopted.
LOT DIVISION APPROVED FOR LOT 19, BLOCK 1, THE TIMBERS. Mr. Rosland presented
the petition for division of Lot 19, Block 1, The Timbers, located at 6440 Indian
Hills Pass.
will be added to Lot 18. Setback requirements continue to be met by all structures.
Staff would recommend approval. Member Bredesen reminded the Council that a setback
variance has been recently granted for Lot 18.
proposed footprint for the house on Lot 18 has not been changed and that this
proposed lot division would add square footage but would not change the rear yard
setback. No objections being heard, Member Schmidt introduced the following
resolution and moved its adoption:
The proponents request a division whereby a small portion of Lot 19
Mr. Rosland commented that the
8/6/84
RESOLUTION
WHEREAS, 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 :
Lot 19, Block 1, The Timbers
Lot 19, Block 1, The Timbers, except that part thereof described as follows:
Beginning at the northeast corner of said Lot 19, Block 1; thence South
19 degrees 33 minutes 08 seconds East, along the easterly line of said
Lot 19, Block 1, a distance of 32.88 feet; thence South 75 degrees 29 minutes
West a distance of 55.94 feet to the southeast corner of Lot 18, Block 1,
The Timbers; thence North 14 degrees 17 minutes 05 seconds East, along the
easterly line of said Lot 18, Block 1, a distance of 50.58 feet to the northeast
comer of said Lot 18, Block 1; thence deflecting to the right along the most
northerly line of said Lot 19, Block 1 on a non-tangential curve, concave to
the north, having a central angle of 13 degrees 39 minutes 46 seconds, a radius
of 130.00 feet, and a distance of 31.00 feet to the point of beginning.
and
Lot 18, Block I, The Timbers, and also that part of Lot 19, Block 1, The Timbers
described as follows:
Block 1; thence South 19 degrees 33 minutes 08 seconds East, along the easterly
line of said Lot 19, Block 1, a distance of 32.88 feet; thence South 75 degrees
29 minutes West a distance of 55.94 feet to the southeast corner of
Lot 18, Block 1, The Timbers; thence North 14 degrees 17 minutes 05 seconds
East, along the easterly line of said Lot 18, Block 1, a distance of 50.58 feet
to the northeast comer of said Lot 18, Block 1; thence deflecting to the right
along the most northerly line of said Lot 19, Block 1 on a non-tangential curve,
concave to the north, having a central angle of 13 degrees 39 minutes 46 seconds,
a radius of 130.00 feet, and a distance of 31.00 feet to the point of beginning.
WHEREAS, it has been determined that compliance with the Subdivision and Zoning
Regulations of the City of Edina will create an unnecessary hardship and said Parcels
as separate tracts of land do not interfere with the purposes of the Subdivision
and Zoning Regulations as contained in the City of Edina Ordinances Nos. 801 and 825;
NOW, THEREFORE, it is hereby resolved by the City Council of the City of Edina that
the conveyance and ownership of said Parcels as separate tracts of land is hereby
approved and the requirements and provisions of Ordinance No. 801 and Ordinance
No. 825 are hereby waived to allow said division and conveyance thereof as separate
tracts of land but are not waived for any other purpose or as to any other provision
thereof, and subject, however, to the provision that no further subdivision be made
of said Parcels unless made in compliance with the pertinent ordinances of the City
of Edina or with the prior approval of this Council as may be provided for by those
ordinances.
Motion for adoption of the resolution was seconded by Member Bredesen.
Rollcall :
Ayes: Bredesen, Schmidt, Turner, Courtney Minutes of 10/15/84)
Resolution adopted.
I
Beginning at the northeast corner of said Lot 19,
(See Revision Qf legal description in
LOT DIVISION APPROVED FOR LOT 26, BLOCK 3, DEWEY HILL SECOND ADDITION. Mr. Rosland
presented the petition for division of Lot 26, Block 3, Dewey Hill Second Addition,
generally located south of Long Brake Trail and east of Stonewood Court.
1ot;iszvacant land and is owned jointly by all four petitioners. If the proposed -
division is approved, the Hales whose residence is on Lot 27, Block 3, would acquire
the sole ownership of the western portion of the subject lot. The Allbrights whose
residence is on Lot 13, Block, would acquire the sole ownership of the eastern portion
of the subject lot.
and staff would recommend approval.
time a requezt for subdivision could be made by owners of the new parcels resulting
in a new buildable lot. After a check of Building Department records, Mr.. Hoffman
explained that the existing homes are sited so that if an attempt was made to sub-
divide the new parcels resulting from the proposed lot division, there would be set-
back problems for any new homes which may be proposed. No objections being heard,
Member Bredesen introduced the following resolution and moved its adoption:
RE SOLUTION
WHEREAS, the following described property is at present a single tract of land:
Lot 26, Block 3, Dewey Hill Second Addition, according to the plat
thereof on file or-of record in .the office of the Registrar of Titles
in and for Hennepin County, Minnesota.
WHEREAS, the owners have requested the subdivision of said tract into separate parcels
(herein called "Parcels") described as follows :
The'subject
The proposed division beneficially expands the area 0-f each lot
Member Bredesen asked if at some future point in
I
All that portion of Lot 26, Block 3, Dewey Hill Second Addition lying East
of the following line: commencing at a point 42 feet east of the southwest
corner of said Lot 26, as measured along the southerly line of said Lot 26;
thence extending northerly parallel to the easterly line, as extended, of
said Lot 26 to a point of intersection with the northeasterly line of said
Lot 26, and there ending.
and
All that portion of Lot 26, Block 3, Dewey Hill Second Addition lying West
8/6/84
of the following line:
southwest corner of said Lot 26, as measured along the southerly line
of said Lot 26; thence extending northerly parallel to the easterly
line, as extended, of said Lot 26 to a point of intersection with the
northeasterly line of said Lot 26,.and there ending.
commencing at a point 42 feet east of the
WHEREAS, it has been determined that compliance with the Subdivision and Zoning
Regulations of the City of Edina will create an unnecessary hardship and said
Parcels as separate tracts of land do not interfere with the purposes of the
Subdivision and Zoning Regulations as contained in the City of Edina Ordinances
Nos. 801 and .825;
NOW, THEREFORE, it is hereby resolved by the City Council of the City of Edina
that the conveyance and ownership of said Parcels as separate tracts of land
is hereby approved and the requirements and provisions of Ordinance No. 801 and
Ordinance No. 825 are hereby waived to allow said division and conveyance thereof
as separate tracts of land but are not waived for any other purpose or as to
any other provision thereof, and subject, however, to the provision that no
further subdivision be made of said Parcels unless made in compliance with the
pertinent ordinances of the City of Edina or with the prior approval of this
Council as may be provided for by those ordinances.
Motion for adoption of the resolution was seconded by Member Schmidt.
%
Rollcall :
Ayes: Bredesen, Schmidt, Turner, Courtney
Resolution adopted.
HEARING DATES SET FOR PLANNING MATTERS. As recommended by staff, Member Schmidt's
motion was seconded by Member Turner, setting August 20, 1984, as hearing date
for the following planning matters:
1) Preliminary Plat Approval
a)
b)
.Kidd Addition - Generally located south of 62nd Street and east of
Valley View Road
Dennis Miller Addition - Generally located north of Grove Street and
east- of Johnson Drive
Ayes: Bredesen, Schmidt, Turner, Courtney
Motion carried.
PUBLIC HEARING HELD; WETLAND EASEMENT VACATION GRANTED FOR PORTION OF LOT 6,
BLOCK 1, THE HABITAT. Affidavits of Notice were presented by Clerk, approved as
to form and ordered placed on file. Mr. Hoffman presented the request for vacation
of a portion of the wetland easement on Lot 6, Block 1, The Habitat. The request
is for vacation of a 15-foot wide strip on the easterly boundary of the wetland
easement so that a house can be sited on the property.
strip lies just oqtside of what the Department of Natural Resources (DNR) has
defined as the boundary of the wetland; therefore, it is not within DNR's juris-
diction and it was felt that that part of the.easement could be vacated. The
utility companies have been notified and have no objection to the vacation as
proposed. Staff would recommend that the 15-foot wide strip of the easement be
vacated.
ution and moved its adoption:
In staff's opinion the
No objections being heard, Member Turner introduced the following resol-
(See revised Resolution in
Council Minutes of 1/21/85 .)
*.8&
RESOLUTION VACATING PORTION OF
WETLAND EASEMENT
WHEREAS, a resolution of the City Council, adopted the 18th day of June, 1984,
fixed a date for a public hearing on a proposed vacation of portion of easement
for wetland purposes; and
WHEREAS, two weeks' published and posted notice of said hearing was given and the
hearing wzs held on the 6th day of August, 1984, at which time all persons
desiring to be heard were given an opportunity to be heard thereon; and
WHEREAS, the Council deems it to be in the best interest of the City and of the
public that said easement vacation be made; and
WHEREAS, the Council has considered the extent to which the vacation affects
existing easements within the area of the vacation and the extent to which the
vacation affects 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 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 wetland easement be
and is vacated effective as of August 6, 1984:
That part of the wetland easement over Lot 6, Block 1, The Habitat,
lying Southeasterly of a line drawn at right angles to the Northeasterly
line, from a point on the Northeasterly line, a distance of 85.00 feet
Northwesterly of the most Easterly corner of said Lot 6
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
8/6/84
\
Statutes, Section 412.851.
Motion for adoption of the resolution was seconded by Member Bredesen.
Rollcall:
Ayes: Bredesen, Schmidt, Turner, Courtney
Resolution adopted.
RESIDENT'S CONCERN REGARDING HARASSMENT DISCUSSED. Mr. Rosland advised that he
had received a call recently from Dr. M. Hanson who felt she was being harassed
and had requested to be heard at this meeting of the Council.
had also received a call from Dr. Hanson. Mr. Erickson explained that her concern
is that she is being harassed by an organized group who is opposed to the fact
that she performs abortions in her medical practice. She has found no remedies
available to her and would like Council.to.v consider adopting an ordinance that
would give her a remedy.
State Statutes or case laws to determine what might be available to-her.
recommended that, if Council is interested in pursuing the matter, he review the
ordinances, State Statutes and case laws and bring the information back to the
Council, and if there is a gap that could be filled with an ordinance, the Council
could then consider adoption of such an ordinance.
City Attorney be directed to research the City ordinances, State Statures, and
case laws to see what the gap might be and to bring the information back to the
Council for their consideration.
Attorney Erickson
' He added that he has not reviewed the ordinances,
He
Member Turner moved that the
Motion was seconded by Member Bredesen.
Ayes: Bredesen, Schmidt, Turner, Courtney
Motion carried.
(Dr. M. Hanson was not present during the discussion, but entered the meeting
later. She briefly addressed the Council regarding her concerns and was advised
that the matter would be researched by the City Attorney and that she would be
notifzed when the. iriformation will. he. brought. back for :council's consideration. )
BID AWARDED FOR STORM SEWER CONSTRUCTION IN WILLIAMWWARDWELL LEWIS PARK. Mr. Rosland
presented tabulation of bids for installation of a 12-inch storm sewer pipe on
the north area of William Wardwell Lewis Park to drain the northwest area of the
park.
Construction at $7,650.00.
for award of bid to recommended low bidder G. L. Contractinn, Inc. at $7,291.00.
The tabulation showed G. L. Contracting, Inc. at $7,291.00 and Valley Rich
Member Schmidt's motion was seconded by Member Bredesen
-- I Ayes: Bredesen, Schmidt, Turner, Courtney
Motion carried.
FUNDS AUTHORIZED FOR H.O.M.E. PROJECT DIRECTED BY SHHSC. Mr. Rosland introduced
Debbra Detterman, Director of the H.O.M.E. program developed by the South Hennepin
Human Services Council.
H.O.M.E. (Household & Outside Maintenance for Elderly) program, advising that it
has been in existence for five years. The major source of funding has been the
Metropolitan Council program on aging.and recently the Council is chosing to use
their funds for areas that are under/unserved. Because the South Hennepin area
has been so supportive of the H.O.M.E. program the Council looks to phasing out
leave the H.O.M.E. program short of funds and therefore the municipalities in-the
Ms. Detterman indicated that they are continuing to negotiate with the Council as.
well as with the Council.of.Churches, which is the coordinating body, in th? hope
that this will be on1y.a one-time request for additional funds.
that the amount requested from Edina is $6,000.00.
43% of the age 65+ population in South Hennepin and that Edina residents use almost
one-half of che units of service for the H.O.M.E. program.
tative from Edina to SHHSC, spoke in support of the request for funds. Mr,.Rosland
submitted that it may be possible. to allocate Cormnunity Development Block -Grant
-(CDBG) funds to the H.O.M.E. program.
approval of $6,000.00' as additional funds for the H.O.M.E. program for the remainder
of 1984, with the stipulation that we allocate whatever portion possible from
CDBG funds.
Ms. Detterman presented a request for funds for the
1
1
some of their funding of the program.and designating that funding elsewhere. This -i
i South Hennepin area have been asked to grant additional monies for the program. -
She indicated
She pointed out that Edina has
Sally Tang, represen-
After discussion, Member Turner moved - .
I Motion was seconded by Member'Schmidt.
Ayes:. Bredesen, Schmidt, Turner, Courtney
Motion carried.
(Member Richards entered the meeting at this point (8:07 p.m.) and remained through
ad j ournment . )
SHHSC HEALTH SERVICES TASK FORCE DISCUSSED. Mr. Rosland called Council's attention
to a background statement prepared by South Hennepin Human Services Council (SHHSC)
regarding the Health Services Task Force recommended in the Comprehensive Study of
Human Service Needs in the South Hennepin Area which was conducted in 1980.
Task Force was to investigate and study the area of public health nursing services,
including level of services and arrangements as to how those services are provided.
Following the initial meeting of this Task Force, it was suggested that the City
Managers meet and discuss the need for such a Task Force.
the Managers that this Task Force not proceed with the study at this time as there
The
It is the concensus of
8/6/84
does not seem to be a strong need to look at the level of public health nursing
services, but only at the arrangements as to how those services are provided;
It was further recommended that the Managers explore the various arrangements
and come back with a recommendation for the Councils within the next few months.
Principal issues will consist of: a) whether Eden Prairie can seek public health
nursing services and other community health services apart from the County,
b) whether or not a joint planning arrangement can be of aid to the communities,
and c) what the best arrangement is for the individual cities to contract for
public health nursing services. Member Schmidt pointed out that both the County
and the State are looking at the different aspects of the Community Health Services
Act and agreed that it may be well to wait and see what changes may be recommended.
Debbra Detterman commented that the South Hennepin Human Services Council is willing
to put the Task Force into action at the discretion of the City Councils when they
chose to have that done.
buncil advised with regard to exploration of arrangements as to how public health
services are provided. No formal action was taken.
Mayor Courtney then directed Mr. Rosland to keep the
SOLID WASTE TRANSFER STATION SITE DISCUSSED.
has been conducting a site selection study for transfer stations to serve as
collection points for their energy recovery project.
toring the process and until recently Edina was not a potential candidate for location
of a transfer site. However, an alternate site has been suggested at 1-494 and France
Avenue which has been identified as Site 24 and is located partly in Edina and partly
%I Bloomington.
Edinborough project.
called the City to express his objection.
August 14, 1984, to further discuss the sites under consideration. Staff would
recommend that a representative from Edina attend the hearing and present the City's
position.
on behalf of the City of Edina at the public hearing regarding the Edinborough project
and traffic in the area and introduced the following resolution for adoption:
WHEREAS, the Ci'ty of Edina has reviewed the Site Selection Study for Solid Waste
Transfer Stations, and
WHEREAS, Site 24 has been identified as being located partially in Edina, and
WHEREAS, the key siting criteria have been reviewed by the Edina City Council,
particularly the zoning and land use criteria, and
WHEREAS, the City of Edina has rezoned a portion of the site to Mixed Development
District and has given concept approval to a project effective May 7, 1984, for
elderly and modest cost housing, office and park, and
WHEREAS, Site 24 proposes to use a frontage road that will have limited access due
to reconstruction of the France AvenuelI-494 Interchange by the Hennepin County
Department of Transportation, and
WHEREAS, the Hennepin County report summary recognizes the significant constraints
as noted above, and the private land is not for sale as evidenced in the letter
of August 6, 1984, from Hedberg and Sons Company;
NOW, THEREFORE, BE IT RESOLVED that the Edina City Council hereby opposes the
selection of Site 24 for use as a Solid Waste Transfer Station.
Motion was seconded by Member Bredesen.
Mr. Rosland advised that Hennepfn County
The City staff has been moni-
Mr. Hoffman pointed out that Site 24 would be adjacent to the proposed
John Hedberg, owner of the property identified as Site 24, has
A public hearing is being conducted on
Following discussion, Member Richards moved that a presentation be made
RESOLUTION REGARDING SOLID WASTE TRANSFER STATIONS
..
Rollcall :
Ayes: Bredesen, Richards, Schmidt, Turner, Courtney
Resolution adopted.
UPDATE GIVEN ON WOODDALE SCHOOL.
tions for thEWooddale School building are proceeding and that a report is expected
Mr. Rosland advised that the study and recommenda-
from Peter Jarvis, of BRW, by the latter part of September. Staff has also met with
the Edina Historical Society members regarding their use of the building.
out that, in the meantime, requests have been received for use of the building which
include storage of various community items and rummage/garage sales for various
civic groups and organizations in the community. Interim use of this facility prior
to a Council decision on the building poses several problems. Until the Council has
made a decision regarding the Wooddale School building, staff would recommend that
the building be used only for the following:
a) as a polling place for the Primary and General Elections
b) as a storage and service facility for voting machines
c) use early this fall for the Girls' Basketball Program that has traditionally used
the auditorium
d) Edina Historical society
e) temporary storage.
After brief discussion regarding revenue that might be raised for temporary use,
Member Bredesen moved that interim use of the Wooddale School building be limited to
only the recommendated uses as outlined by staff. Motion was seconded by Member Turne
He pointed
Ayes: Bredesen, Richards, Schmidt, Turner, Courtney
Motion carried.
r.
8/6/84 f
PARAMEDIC PROGRAM PROPOSAL PRESENTED. Mr. Rosland stated that he has been meeting
with the management staff of the Fire Department, which includes the Public Safety
Director, the Fire Chief, and the three Assistant Fire Chiefs-who supervise the
shifts, in numerous sessions to discuss the status of the paramedic program. He
presented a memorandum which had been prepared by the Assistant Fire Chiefs, out-
lining a recommended proposal with respect to the Paramedic Program.
are proposed: 1) To send a third man, an Emergency Medical Technician (EMT, on
approximately one-third of all medical emergency calls, 2) To hire a Community
Service Officer (C.S.O.) to handle dispatching and clerical duties at the Fire
Department, 3) That minimum manning be four personnel during an emergency call,
both fire and medical, 4) For standby/callbacks, that when one full-time person
is called in, one volunteer would be called in also, 5) That rates be increased
for Emergency Medical Services, 6) To increase Paramedic supplemental pay incen-
tive above base salary, 7) To obtain the services of a Medical Director from a
local hospital, together with a nurse coordinator and paramedic training, 8) To
increase manpower to 29 personnel, 9) To develop a more cost effective structure
through anticipated retirements, and by reducing overtime. In summary, it is
the belief of the Assistant Fire Chiefs that this proposal is a workable solution
to the current problems.
estimates, they provide an indication of how the Edina Fire Department Emergency
Medical Service might operate at a reasonable cost to better serve the needs of
the community.
before January 1, 1985, is requested together with authorization to negotiate
the terms with representation by three active Paramedics in conjunction with the
overall contract negotiations between the City and International Association of
Fire Fighters Local #1275. Member Schmidt asked if the Medical Director, Nurse
Coordinator and the training activities could possibly be obtained from the
Bloomington Department of Public Health. In response, Mr. Buresh explained that
such a proposal would have to be approved by the current Medical Director.
pointed out that the Paramedics are an extention of the physician who directs
-them, but that it could be investigated. Member Bredesen asked what other
alternatives have been looked at. Mr. Rosland stated that staff has talked with *
the administrator of Fairview Southdale Hospital and that they have shown some
interest in working in the Paramedic program, that .data has been submitted to
them, but no response has been received.
Hennepin County provide the Emergency Medical Services to Edina just as they are'
doing for the surrounding communitkes;
that this is an issue of great interest in the community and they would like to
provide an opportunity for input from the residents.
to bring the subject o the Paramedic Program back to the Council for.community
hearing after the staff has had an opportunity to research the alternatives.
No formal action was taken.
The following
Although the figures presented in the memorandum are
Therefore, Council approval to implement this proposal on or
He
The other option would be to have
Members Schmidt and Turner pointed out
It was informally agreed
HEARING DATE OF 9/10/84 SET FOR STREET NU CHANGE/LONDONDERRY DRIVE. Member
Schmidt's motion was seconded by Member Turner setting September 10, 1984, as
hearing date on a proposed street name change for Londonderry Drive in London-
derry Replat.
Ayes: Bredesen, Richards, Schmidt, Turner, Courtney
Motion carried.
CAPITAL AND FACILITIES RENEWAL PROGRAM TO BE DISCUSSED IN DEPTH. Mr. Rosland
advised that following the presentation of the Capital and Facilities Renewal
Program to the Council at the Special Meeting of July 23, 1984, the following
policy and program areas were identified: 1) Capital Equipment Replacement fund,
2) Level of-Capital Expenditures, 3) Building Capital, 4) Priority of Expendi-
tures, and Program Areas/Capital Additions. He suggested that Council schedule
another meeting to discuss these further.
the Council should discuss the Program in depth prior to the upcoming budget
meetings. Member Bredesen stated he had some concerns and felt it should be
the community. It was informally agreed to meet on August 20, 1984, at 4:30 p.m.
prior to-the Regular Council Meeting at 7:OO p.m.
try to inform some of the key groups in the City.
Member Turner commented that she felt
'further discussed by the Council, but that he also would like to get imput'from
Mr. Rosland stated he would
RECYCLING REPORT TO BE PRESENTED ON AUGUST 20; 1984.
of Member Turner regarding the recycling census taken by the League of Women
Voters, Mr. Rosland advised that they will be giving a report at the next Council
meeting on August 20, 1984.
HISTOriIC DRIVING TOUR BROCHURE COMMENDED. Member Turner. commended the Edina
Heritage Preservation Board for their excellent work in preparing and printing
the brochure entitled "The Historic Driving Tour, Edina, Minnesota".
EXPLORER POST PROGRESS NOTED.
the Explorer Post, Mr. Rosland stated that Chief Swanson has been working on it
and has contacted six people who are committed to initiating an Explorer Post.
In response to question
In response to inquiry of Member Turner regarding
8/6/84
113
The Post would go into action when the schools begin their classes. No action was
taken .
PROBLEM OF GEESE DISCUSSED.
received calls from residents pertaining to the problem of wild geese in their yards,
in particular residents on Garrison Lane and the area of Nancy Lake.
advised that the geese are under the protection of the Department of Natural Resources
and while it is recognized that they are becoming a nuisance and a potential health
problem, the staff can only recommend that the people "shoo" away the geese when
they come into their yards. No action was taken.
MINNESOTA CITIES MAGAZINE ARTICLE ON SIDEWALKS NOTED. Member Schmidt noted that a
recent article in Minnesota Cities asked.''Where have the sidewalks gone?
that she felt Edina has been doing an excellent job in constructing a sidewalk
system and though several cities were mentioned as having embarked on a sidewalk
program, that Edina had not been credited with their efforts on sidewalks.
Both Members Turner and Schmidt reported they had
Mr. Rosland
%
She added I
CONCERN OF RESIDENT AT 5905 KELLOGG AVENUE NOTED. Member Schmidt advised that she
had received a call from the resident at 5905 Kellogg Avenue who was upset over the
garage addition which had been constructed by his neighbor. When the request for a
variance was presented to the Board of Review, there apparently was a misunder-
standing about the proposed roof line and the resident now feels the garage addition
which is built close to his house looks massive in size.
out that with the community nearly fully developed, that it may be prudent to have
the Board review such proposed additions with regard to how they would impact-
adjacent property. She noted that come communities have established architectural
review boards who review all building permits applications and regulate architect-
ural design.
such regulations could be imposed and bring that back to the Council.
was taken.
Member Schmidt pointed
Mr. Rosland advised that staff would research information on how
No action
ANIMAL CONTROL OFFICER COMMENDED. Member Schmidt commended the Animal Control
Officer for'his fast and efficient work in capturing a dog recently'in Braemar ..
Park,thereby alleviating a potential threat to persons in the park.
PEACE DAY PROCLAMATION DISCUSSED.
request that the City issue a "Peace Day Proclamation" in keeping with Governor
Perpich's proclamation for Peace Day to be observed on September 7.
request did not come from a local citizen and it was felt that the Governor's
proclamation referred to all citizens of the state, it was agreed not to take
formal action on the request.
Mayor Courtney advised that he had received a
Because the
APPOINTMENT OF PRIMARY ELECTION JUDGES APPROVED.
Member Bredesen.offered the following resolution and moved adoption:
RESOLUTION
BE IT RESOLVED by the Edina City Council that the following Election Judges be
appointed to serve on the Election Boards for the Primary Election to be held on
September 1-1, 1984, and that the City Clerk be and is hereby authorized to make any
substitutions or additions as may be deemed necessary: Precinct No. 1 - Eugenia-
Williams, Chairman, Lois Hallquist, Dorie Capetz, Muriel Clausen, Barbara Anderson
and Shirley DeLeo, Alternate; Precinct No. 2 - Marjorie Ruedy, Chairman, Pauline
Carroll, Joan Flumerfelt, Barbara Daly, Laurie McKay and Ruth Mueller, Alternate;
Precinct No. 3 - Linda Smith, Chairman, Betty Ann Flaskamp, Deidre Hedrick, Christine
Morgan, Judith O'Brien and Barbara McDavitt, Alternate; Precinct No. 4 - Shirley
Dibble, Chairman, Jeanette Lushine, Helen Stafford, Rachel Schoening, Nina Potter
and Marion Cracraft, Alternate; Precinct No. 5 - Linnea Erickson, Chairman, Carol
McPheeters, Phyllis Cooper, Rosemary McGlynn, Mildred Karr and Marjorie Grinnell,
Alternate; Precinct No. 6 - Jane Bains, Chairman, Catherine Swanson, Sue Zwakman,
Hope Eilers, Mary Cleaveland, and Barbara Herbers, Alternate; Precinct No. 7 -
Bess Brudelie, Chairman, Helen Peterson, Beverly Deeds, Naomi Ward, Maxine Yaeger
and Genieve Thayer, Alternate; Precinct No. 8 - Jane Moran, Chairman, Myra Hykes,
Mary Diessner, Florence Freudenthal, Eleanor Westerberg and Constance Ryan, Alternate;
Precinct No. 9 - Jacqueline Lindskoog, Chairman, Bette Comstock, Aileen Konhauser,
Laverne Fevold, Edan Paar and Marge Erstad,. Alternate; Precinct No. 10 - Margaret
McLellen, Chairman, Kay Bach, Joan Ochs, Shirley Byrne, Clare Doyle and Mary Shoquest,
Alternate; Precinct No. 11 - Geneva Smith, Chairman, Mary Ann Kubin, Gina Sherman,
Carol Melichar, Elinor Thornton and Lois Steinback, Alternate; Precinct No. 12 -
Claire Ready, Chairman, Mary Scholz, Kathleen Hansing, Shirley Bjerken, Lucetta Klos,
and Ann Stirrat, Alternate; Precinct No. 13 - Edna Thomsen, Chairman, Patricia Harmon,
ElaireTollefsrud, Ann Matula, Marge Belkin and Ebba Frykman, Alternate; Precinct
No. 14 - Mary Jane Platt, Chairman, Joyce Hanson, Betty Fuller, Esther Olson, Louise
Carlson and Harriet Cheolis, Alternate; Precinct No. 15 - Patricia Olander, Chairman,
Anita Delegard, Kay Luikens, Sharon Soderlund, Jane Bossert, and Jean Hare; Precinct
- No. 16 - Judith Sotebeer, Chairman, Patricia Halvorson, Nath Person, Donna Montgomery,
As recomqended by the City Clerk,
I
8/6/84
114
Bernadine Chapman and Donna Hiltunen, Alternate; Precinct No. 17 - Cynthia Elmquist,
Chairman, Audrey Bergland, Joyce Roets, Jean McDermid, Virginia McWethy, and Lorna
Livingston; Precinct No. 18 - Betty Doolittle, Chairman, Selma Shelton, Lorrie
Bubo1tz;Sheila Luff, Patricia MacCornack, and Gretchen Green, Alternate; Precinct
No. 19 - Charlotte Scanlon, Chairman, Jean Altman, Audrey Nankivell, Erthel Johnson,
Lois Cleveland and Evelyn McDonald, Alternate.
Motion for adoption of the resolution was seconded by Member Schmidt.
Rollcall :
Ayes: Bredesen, Richards, Schmidt, Turney, Courtney
Resolution adopted.
PRIMARY ELECTION CANVASSING BOARD APPOINTED. --
Member Turner offered the following resolution and moved its adoption:
BE IT HEREBY RESOLVED that the Edina City Council hereby appoints the following
as member of the Canvassing Board for the Primary Election to be held on September 11,
1984: Howard Norback, Ralph Hines, Harold Habigorhst, Ernie Olson, Willard Ott,
Jerry Hines, Hilding Dahl, Ernie Young, Glenn Harmon, Sam Mobley, Al Woods, Dave
McEnary and Rolland Lundberg, and that the City Clerk be and is hereby authorized
to make any substitutions or additions as may be necessary.
Motion for adoption of the resolution was seconded by Member Schmidt.
As recommended by the City Clerk,
RESOLUTION. ' ' . ,.
Rollcall :
Ayes: Bredesen, Richards, Schinidt; Turner, Courtney
Resolution adopted.
MENDELSSOHN 2ND ADDITION PUBLIC IMPROVEMENTS AUTHORIZED ON 100% PETITION. Mr. Rosland
reported that petitions for public improvements in Mendelssohn 2nd Addition has been
received, signed by the developer.
assess the entire cost against the property of such owners.
costs were presented as follows:
Gutter Improvement No. P-BA-263 at $10,742.90; Sanitary Sewer Improvement No.
P-SS-368 at $6,299.15; Watermain Improvement No. P-WM-352 at $4,551.02; Graveling
Improvement No; P-C-141 at $1,102.87; and Storm Sewer Improvement No. P-St.S.-174
at $2,401.98.
and moved its adoption:
Said petitions also requested the Council to
Estimated construction
Permanent Street Surfacing with Concrete Curb and
. As recommended, Member Turner introduced the following resolution
RESOLUTION ORDERING PERMANENT STREET SURFACING WITH CONCRETE *
CURB AND GUTTER IMPROVEMENT NO. BA-263,
SANITARY SEWER IMPROVEMENT NO. SS-368,
WATERMAIN IMPROVEMENT NO. WM-352,
GRAVELING IMPROVEMENT NO. C-141,
STORM SEWER IMPROVEMENT NO. ~~.s.-i74
BE IT RESOLVED by the City Council of the City of Edina, Minnesota, as follows:
1. It is hereby found and determined that petitions have been filed requesting
the Council to construct Permanent Street Surfacing with Concrete Curb and Gutter,
Sanitary Sewer, Waterman, Graveling and Storm Sewer Improvements in Mendelssohn
2nd Addition and that the developer now owns all property which will abut and be
2.
ordered pursuant to Minnesota Statutes, Section 429.031(3), (Session Laws of 1961, -
Chapter 525, Section 2).
referred to in all subsequent proceedings as
I' assessed for the improvement. ..
The making of said improvements in accordance with said petitions is hereby
Said improvements are hereby designated and shall be
PERMANENT STREET SURFACING WITH CONCRETE CURB &.GUTTER IMPROVEMENT NO. BA-263
SANITARY SEWER IMPROVEMENT NO. SS-368
WATERMAIN IMPROVEPENT NO. WM-352
GRAVELING IBPROVEMENT NO. C-&41
STORM SEWER IMPROVEMENT NO. ST.S.-174 ..
The entire cost of said improvements is hereby ordered to be assessed against
the properties abutting on said Mendelssohn 2nd Addition where said improvements
are to be located.
Motion for adoption of the resolution was seconded by Member Bredesen.
Rollcall :
Ayes: Bredesen, Richards, Schmidt, Turner, Courtney
Resolution adopted.
ORDINANCE NO. 103243 (NOISE ORDINANCE) GRANTED FIRST READING. Mr. Rosland reported
that in addition to the equipment and procedural changes indicated at the Council
Meeting of July 16, 1984, with regard to enforcement of Ordinance No. 1032-A3, a
proposed amendment would incorporate the following points: 1) all readings would be
taken'at the alleged offending property owner's property line closest to the noise,
2) a formal citizen complaint procedure, 3) reinstitutes the outside loudspeaker
permit, and 4) persons participating in the activity generating the offending noise
would be considered guilty after warning in addition to the person.who owns or is
in control of the premises. Member Bredesen stated he could not support the formal
citizen1 complaint procedure as proposed in the amendment. Attorney Erickson
I'
I j
i
i 1
I
i
I
! !
,.
I
8/6/84
115
explained that upon a complaint being filed, the prosecuting attorney would first
review the complaint to determine if it merited bringing it to court.
discussion on the issue, Member Turner-offered Ordinance No. 1032-A3 for First
Reading as follows:
After further
ORDINANCE NO. 1032-A3
AN ORDINANCE AMENDING ORDINANCE NO. 1032 TO ADOPT THE NOISE
POLLUTION CONTROL RULES OF THE MINNESOTA POLLUTION CONTROL AGENCY,
TO PROHIBIT LOUD AND RAUCOUS NOISES, TO REQUIRE PERMITS FOR LOUD-
SPEAKERS, AND TO INCLUDE PARTICIPANTS AS VIOLATORS. 1
THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, ORDAINS:
Section 1.
"(f)
added :
Measurements shall be made on the property line of the potential violator at the
point closest to the offending noise. All other measurement procedures shall be
approved by the director."
Sec. 2. Section 2 of Ordinance No. 1032-A2 is hereby amended by repealing
The following paragraph is hereby added to Ordinance No. 1032-A2:
Paragraph NPC2(h) is deleted in its entirety and the following language
I1 I
Section 2 in its entirety and substituting the following Section 2:
m Tf 03
(b
5 a
Section 2. (a) Prohibited Noises. No person shall make, continue
or cause to be made or continued any noise which exceeds the standards
set forth in said Regulations; provided, however, that the foregoing
prohibition shall not apply to (i) noises necessary for the protection
or preservation of property or of the health, safety, life or limb of a
' human being; (ii) the operation of motor vehicles on public highways,
locomotives and railroad cars, maintenance of utility easements or
City snow removal; and (iii) construction equipment at construction
sites during daytime hours.
or having charge of any building or premises, or any part thereof, shall
cause, suffer or allow any loud, excessive or unusual noise in the
operation or use of any radio, phonograph, or other mechanical or electrical
sound-making or reproducing device, instrument or machine, which loud,
excessive or unusual noise shall disturb the comfort, wet or repose of
persons therein or in the vicinity. Such citation of violation shall be
issued upon a formal complaint of the offended party.
Section 2. (c) Permit Necessary for Loudspeakers. No person shall use
or operate, or cause to be used or operated in any public street or place,
or from any aircraft, or in front of or outside of any building, place or
premises, or in or through any window, doorway or opening of such building,
place or premises, abutting on or adjacent to any public street or place,
any device, apparatus or instrument for the amplification of the human
voice or any sound or noise, or other sound-making or sound reproducing
devices, without a written permit from the City of Edina.
are present in the immediate vicinity of the offending noise as outlined
in sub-paragraphs (a), (b) and (c) are considered to be aiding and
abetting such activity, following a warning regarding the offending noise
as being a violation, and as such are considered to be in violation of
this ordinance.
.Section 2. (b) Mechanical Sound Devices. No person owning, occupying
Section 2. (d) Participants in Offending Activity. All persons who I
-
Motion granting First Reading was seconded by Member Schmidt.
Rollcall :
Ayes: ,Schmidt, Turner, Courtney
Nays: Bredesen, Richards
First Reading granted.
--- ORDINANCE NO. 312-A1 (RELATING TO ANIMAL CONTROL) GRANTED FIRST READING.
presented a proposed amendment to Ordinance No. 312 relating to animal control and
pointed out changes which are incorporated therein as follows: 1) defines owner's
premises, 2) that dogs be required to wear rabies tag in addition to license tag,
3) that all cats be required to have rabies vaccination, 4) that all dogs off the
owner's premises be leashed, 5) that notice of quarantine be given by the Animal
Control Officer, 6) that people carry two baggies when walking dogs, 7) that animals
be declared a public nuisance after one bite of a human off owner's premises, 8) that
all animals declared public nuisances be returned to owners only after court con-
sideration, and 9) incorporating by reference Minnesota Statute 347 regarding civil
liability. Mr. Rosland pointed out that in addition to the proposed changes, it is
recommended for 1985 that the fee for un-neutered animals be increased from $10 to
$20 per animal and from $5 to $7 per animal this is neutered, and that it is also
recommended that the City issue a lifetime license with an annual renewal. Dudley
Parsons, 4437 Brookside Terrace, spoke in favor of the amendment but requested that
the reference to animals be declared a public nuisance after one bite of a human
Mr. Rosland I
8/6/84
other than members of its owner's immediate family "off the owner's premises" be
eliminated. Discussion followed on the issue of an animal biting on or off the
owner's premises being declared a public nuisance. Member Schmidt then offered
First Reading of Ordinance No. 312-A1 as follows, with the condition that before
Second Reading the amendment be modified to declare an animal a public nuisance
which has bitten persons off the owner's premises, or on the owner's premises
if they have a-right-to be there legally:
ORDINANCE NO. 312-Al
AN ORDINANCE AMENDING ORDINANCE NO. 312
RELATING TO ANIMAL CONTROL
THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA ORDAINS:
Section 1 of Ordinance No. 312 is hereby amended to include the
following definition:
Section 1.
"Owner's premises - For purposes of this ordinance only, this means real
property owned, leased, rented or otherwise controlled-by the owner but does
not include public sidewalks and streets and alleys."
Sec. 2. Section 10 or Ordinance No. 312 is hereby amended to read as follows:
"Set. 10.
(a) Any owner of a dog over six months of age in the City shall secure a
license for such dog from the City.
forth in Ordinance No. 171. If the owner of a dog shows proof that his dog
has been neutered, the amount of the fee for the license for such dog shall
be reduced as set forth in Ordinance No. 171.
(b) All dogs and cats over six months of age in the City must have current
rabiea vaccinations and dogs must wear their current vaccination tags at all
times. I'
Sec. 3. The second sentence in Section 23(c) of Ordinance No. 312 is hereby
amended to read as follows:
"Such notice shall be delivered to the City Animal Control Officer by the owner
not less than ten days, or more than fourteen days from the date of the
establishment of the quarantine."
Sec. 4.
owner's immediate family off the owner's premises may be declared a public
nuisance. Such an animal shall be quarantined in accordance with Sec. 23 of
this Ordinance, which shall be in addition to any requirements or penalities
outlined in Sub-section 29 (h) .I1
Sec. 5. Sec. 29(h) of Ordinance No. 312 is re-numbered 29(h)(l.) and is hereby
"(2.) Any animal in violation of Sub-Section 29(a) through 29(g) shall be
declared a public nuisance by citation and shall be impounded. The owner
of any animal referenced in this section which has been declared a public
nuisance by citation and impounded shall be present in court to prove why
such animal shall be returned to the owner rather than painlessly put to sleep.
As an alternative, on the first declaration of a dog being declared a public
nuisance, the court may require the owner to provide a proper dog enclosure
which meets the requirements of Section 30(c) of th'is ordinance. Failure to
keep'said dog within such an enclosure shall result in a violation of the
Ordinance and the immediate impounding of the animal with the court to decide -.
the fate of the animal.
a public nuisance shall be the responsibility of the owner.
of shall be done at no compensation to the owner."
','(3.) At the discretion of the animal control control officer, a dog-declared
a public nuisance may be returned to the owner prior to a court hearing out-
lined i'fi Sec. 29(h) of this ordinance, provided that a proper enclosure as
outlined in Sub-section 30(c) is provided and such a release to the owner does
not endanger the public health, safety and welfare. Any animal which has been
so-declared and is found outside of the enclosure shall be impounded and the
owner guilty of a violation of this ordinance. Release of the animal-to the
owner prior to a court adjudication of the matter shall in no way prejudice
the court's decision as to disposition of the matter as outlined in Sec. 29(h)."
Sec. 6. See. 30(a) of Ordinance No. 312 is hereby amended to read as follows:
unless it is leashed." .
Sec. 7. The third sentence in Sec. 30(b) of Ordinance No. 312 is hereby
"It shall furthermore be the duty of each person having the custody or control
of a dog when such dog is upon any of,the places or areas described in the
iinmediately preceding sentence to have in his possesssion a device or equipment
for the picking up and removal of dog feces; at a minimum this equipment must
include at least two bags."
Sec. 8. To Sec. 30 of Ordinance No. 312, the following sub-paragraph is added
as follows:
"(f)
Rabies Vaccinations and Dog License Required.
The fee for such license shall be as set
.
Sec. 29(f) of Ordinance No. 312 is hereby amended to read as follows:
Any animal which has on any occasion bitten persons other than members of its 11
amended to add the following:
All costs associated with boarding an7animal declared
Any animal disposed
No dog shall be permitted to be off the premises of its owner at any time I1
amended to read as follows:
As provided in Minnesota Statute Chapter 347, if a dog, without provocation,
I
,
i I
8/6/84
attacks or injures any person who is peaceably conducting himself in any place
where he may lawfully be, the owner of the dog is liable in damages to the
person so attacked or injured to the full amount of the injury sustained. The
term "owner" includes any person harboring or keeping a dog but the owner shall
be primarily liable. The term "dog" includes both male and female of the
canine species. It
Sec. 9. Sec. 12 is hereby amended as follows:
"Sec. 12. Receipts and Tags. Upon the payment of the license fee required by
Sec. 10 hereof, the City shall deliver an original receipt to the person who
pays the fee and retain a duplicate of such receipt.
of a dog, the City shall also deliver to the owner of the dog a metallic tag.
To properly renew a license, an owner must pay a delinquent year's renewals.
This shall be in addition to any penalties imposed for violation of this ordinance."
Sec. LO.
publication .'
Motion for First Reading of Ordinance No. 312-A1 was seconded by Member Turner.
Rollcall :
Ayes: Bredesen, Schmidt, Turner, Courtney
Nays: Richards
Motion carried.
I
Upon the initial licensing
This ordinance shall be in full force and effect upon its passage and
ORDINANCE NO. 121-A6 (SEVERANCE PAY) DISCUSSED. Mr. Rosland presented a proposed
amendment to Ordinance No. 121 whereby employees who retire due to reaching mandatory
retirement age or disability or who are permanently laid off or are employees who
are permitted to retire prior to age 65 by provisions of the Public Employees Retire-
ment Association Act shall be granted severance pay.
encourage early retirement of employees who experience increased sick leave and/or
worker compensation claims.
amendment, Mr. Rosland stated staff would prepare statistics in support and bring
the matter back at a later date. No action was taken.
He advised that this may
Following discussion of the rationale for the proposed
PUBLIC HEARING DATE SET FOR TREE TRIMMING IMPROVEMENT NO. TT-84.
staff, Member Turner introduced the following resolution and moved its adoption:
As recommended by
RESOLUTION PROVIDING FOR SPECIAL ASSESSMENT HEARING ON
TRE TRIMMING IMPROVEMENT NO. TT-84
BE IT RESOLVED by the City Council of the City of Edina, Minnesota, as follows:
1. The Clerk and Staff having calculated the proper amounts to be assessed for
the improvement set forth in the Notice of Hearing form hereinafter recorded, and
the amounts proposed to be assessed against the respective lots, places and parcels
of land within the districts affected by said improvement, and said proposed assess-
ments having been filed with the Clerk, the same are hereby approved and the Clerk
shall keep the same on file in her office and open to public inspection pending
hearings thereon as herein provided.
2.
form hereinafter contained, to pass upon said proposed assessments and the Clerk's
action in publishing notices of said hearings in the official newspaper in accord-
ance with law is hereby approved. Notice being as follows:
(Official Publication)
HENNEPIN COUNTY, MINNESOTA
NOTICE OF PUBLIC
I
This Council shall meet at the time and place specified in the Notice of Hearing
CITY OF EDINA -_
HEARING' FOR ASSESSMENTS
Tree Trimming Improvement No. TT-84
e
EDINA CITY COUNCIL will meet at the City Hall, 4801 West 50th Street, Ediria,
Minnesota, on Monday, October 1, 1984, at 7:OO P.M. to hear and pass bpon all
objections, if any to the following proposed assessments. These assessments
are now on file in the office at the Edina City Clerk and open to public inspect- ion.
interest on the entire assessment at the rate of 11;5% per annum from the date of
the resolution levying the assessment to December 31, 1985.
-
Assessment on the following will be payable in one equal installment with
1. CONSTRUCTION OF TREE TRIMMING IMPROVEMENT NO. TT-84.
District description:
The area proposed to be assessed for said improvement is as follows:
Country Club and Morningside Area.
That part of Lot 1 lying East of West 8 feet thereof, Block 1, V. H. Adams Addition;
Fract. Lots 1 thru 3, Lots 4 thru 10,.Block 1, Arden Park Second Addition; Lot 1,
Block 1, Arden Park Third Addition; Lot 10, Auditor's Subdivision No. 172; Lot 1
and part of Lot 3;Lots 8,20,23,29,30,31,33, Auditor's Subdivision No. 319; Lot
9, Block 10; Fract. Lots 9,10,14,15, Block 11, Browndale Park Addition; Lots 1
thru 8, 11 thru 17, 19, Block 1; Lots 1,3 thru 6,8;9,13, Block 2; Lots 1,3, part
of Lot 4, Lot 5 thru 7, Lot 8, except hwy, Block 3; Lots 1,2,4,7,9 thru 15, Lots
17 thru 22, Block 4; Lots 1 thru 6, 8 thru 17, Block 5; Lots 1 thru 18, Block 6;
Lots 1 and 2, Lots 4 thru 7, 9 thru 20, Block 7; Lots 1 thru 12, Block 8; Lots 1
I
8/6/84
thru 13, Block 9; Lots 1, 3 thru 18, 20, 21, Block 10; Lots 1 thru 10, 12 thru
14, 16 thru 19, Block 11; Lots 1 thru 5, 7 thru 10, 12 thru 22, 24 thru 28, Block
12; Lots 1,2,3,4, 7 thru 13, 15 thru 18, Block 14; Lots 1 thru 5, Block 15; Part
of Lots 1 thru 3, Block 16; Lots 1 thru 3, 5 thru 9, Rearrangement of Block 16;
all in Country Club District - Brown Section; Lots 2 thru 4,7,9,10,12,13, Block
1; South 55 feet of Lot 1, including adjacent part of street vacated, Lots 5
thru 7, 11, 14,15, Block 2; Lots 3, 5 thru 11,13 thru 19,23 & 24,27 and South
55 feet of Lot 30 including adjacent part of street vacated, Block 3; Lots 1 thru
3, 5 thru 7,17 thru 19,30 thru 32, Block 4; Lots 7,9,10,12,16 thru 21,24 thru 29,.
31, Block 5; Lots 1,3,4,6 thru 14, Block 6; Lots 1 thru 3, 6 thru 14,16, Block 7;
Lots 1 thru 11,13 thru 16,18 thru 25,27 thru 30,32,35 thru 37, Block 8; Lots 2,4
thru 6,8,10 thru 12,14 thru 22,25,27 thru 34,37, Block 9; Lots 1 thru 3,5,7 thru
10,13 thru 20,22 thru 24,28,29,31,32,34, Block 10; Lots 1 thru 9,11 thru 13,15
thru 17 and North 28 feet of Lot 18, 20 thru 29, Block 11; Lots 1 thru 7,lO thru
12 and South 40 feet of Lot 13, the North 5 feet of Lot 14,15 thru 19, Block 12;
Lots 2 thru 8,lO thru 20, Block 14; East 49 feet of Lot 2,3 thru 6,8 thru 10,
Block 15; all in Country Club District-Fairway Section; Lots 2,3,5,6, Edina Court
Addition; Lots 15 thru 18, West 28 feet of Lot 19, 20, Block 2; Lots 2 thru 15, 19
thru 21, Block 3, South White Oaks Addition; Lot 2, Block.3; Lot 1, Block.4; Lot 2,
14, Block 5;'.Lot 3; South 25-feet of Lot 18; except State Hwy;
Sunny Slope Section, Country Club; Lots 1 and 2, Block 1, Sunny Slope Addition-
Eitel Replat; Lot 4, White Oaks 2nd Addition; Lot 2, White Oaks 3rd Addition;
Lot 14, White Oaks 5th Addition; Lots 1,4,5,12, Block 1, A and B Addition; Lots
1,3, Block 1; Lots 1,4,5, Block 2, Arden Park Addition; Part of Lots 12 and 13,
Lot 14,15,27,28,31,35, part of Zot.37, 38 thru 40,42 thru 44, 46, Auditor's
Subdivision No. 161; Lots 2,10,11, .Block 1, Berkeley Heights Addition; North
50 .feet of Lot 16, North 1/2 oE.Lot '20, .Block 1; S.outh.67 fee5 o-f.Lot.9, Lot 10,
East 135 feet of North 50 feet of Lot 13, West 65 feet of Lot 13, East 50 feet
of Lot 14 and East 50 feet of South 50 feet of Lot 15, West 1/3 of Lots 25.and
26 except street, Block 2; South 1/2 of East150 feet of Lot 12, North 1/2 of
Lot 12, South 50 feet of East 150 feet of Lot 13, Lot 14 including adjacent
1/2 of West Avenue vacated, Block 3, Crocker & Crowell's First Addition; East
150 feet of Lot 1; West 75 feet of Lots 1 and 2; Southwesterly 1/2 of South-
easterly 200 feet of Lot 11 except street, including adjacent 8 feet of Main
Street vacated; Northwesterly 100 feet of Lot 11, except street; Southeasterly -
100 feet of Northwesterly 200 feet of Lot 11 except street; Southeasterly 163.5
feet of Lot 12 and Southeasterly 163.5 feet of Northeasterly 15.5 feet of Lot
13 including adjacent 8 feet of West 44th Street vacated; Southeasterly 150
feet of Southwesterly 59.5 feet of Northeasterly 75 feet of Lot 13, including
adjacent 8 feet of Main Street vacated; the Northwesterly 50 feet of North-
easterly 130 feet of Southwesterly 280 feet of Lot 17; North 210 feet of Lot 24;
North 215 feet of East 1/2 of Lot 25; East 1/2 of that part af Lot 26 lying
South of North 227 feet thereof except South 20 feet taken for street; Grimes
Homestead Addition; Lots 1 and 3, Leerskovs First Addition; Lots 1 and 2, Block
1, MacGregors Addition; Northeasterly 95 feet of Southwesterly 145 feet of Lot
15; Northeasterly 100 feet of Lot 16, Melvin Grimes Suhdivision of Lots 8,9,10,
Grimes Homestead Addition; Lot 8, Block 1, Mickelsens Rearrangement, Morningside;
I-
Lot 19, Block 6,
I
South 50 feet of North 70 feet of East 150 feet of Lot 2; South 70 feet of Lot 13; Lot 14&18; North 1/2 of Lot 20, North 1/2 of Lot 23,30,31,32; North 45 feet
of Lot 35; South 49 feet of Lot 36; Lot 37; North 50 feet of West 140 feet of
Lot 41; South 1/2 of Lot 42; Lot 4.8,49; South 48 feet of North 66 feet of East
150 feet of.Lot 54; South 48 feet of North 62 feet of Lot 55; North 75 feet of
South 90 feet of Lot 56; North 62 feet of South 82 feet of Lot 59; South-60
feet of Lot60; East 60 feet of Lot 66; That part of Lots 77 and 78 lying
West of the East 150 feet thereof; that part of Lot 81 lying South of North
130 feet inc adj 8 ft of Main St vac; East 50 feet of North 150 feet of Lot 82;
That part of Lot 83 lying South of North 174 feet thereof including adjacent
8 feet of Main Street vacated; East 1/2 of North 174 feet of Lot 83; South
64 feet of North 344 feet of Lot 84; North 70 feet of Lot 84; South 50 feet
of East 150 feet of Lot 85; Nest 50 feet of East 200 feet and West 23 feet
of East 150 feet of Nor-th 50 feet of Lot 85; That part of Lot 87 lying South
of the North 148 feet and East of the West 20 feet thereof including adjacent
8 feet of Main Street vacated; South 49 feet of North 98 feet of Lots 87 and
88; That part of the West 20 feet of Lot 87 and of the East 30 feet of Lot 88
lying South of the North 148 feet thereof including 8 feet of Main Street
vacated; West 1/2 of Lot 89 including adjacent 8 feet of Main Street vacated;
West 50 feet of Lot 90 including adjacent 8 feet of Main Street vacated; East
50 feet of Lot 90 including adjacent 8 feet of Main Street vacated; West 1/2
of Lot 91 including adjacent 8 feet of Main Street vacated; East 150 feet of
West 200 feet of Lots 94 and 95; East 50 feet of Vest100 feet of Lots 94 and
95; West 50 feet of Lots 94 and 95; all in Morningside Addition; Lot 9, Block
I; Lots 3 and 9, Block 2, Morningside Oaks Addition; Tracts A, C and D,
Registered Land Survey No. 549; Tract A, ex road, Registered Land Survey No.
1517; Lots 4,6,8,19,25,26,27, Rileys Subdivision of Lots 3,4,5,6,7,30 and 31,
Grimes Homestead; Lots 9,10,17, William Scotts Addition; Lot 1; That part of
-
!
8/6/84 ,
Lots 2 and 3 lying West of the East 50 feet thereof, except part taken for
Street; Lots 7,9;10, Block 1, Wooddale Heights Addition.
First payment of these assessments will be payable with the taxes for the year
1984 collectible in 1985. To each subsequent installment will be added interest
at the same rate for one year on all unpaid installments.
property assessed for the above improvements may pay the whole of the assessment
without interest to the City Treasurer on or before November 15, 1984, or make
payment with accrued interest to the County Treasurer. Any owner may appeal
the assessment to the District Court pursuant to Minnesota Statutes, Section
429.081, by serving notice of the appeal upon the Mayor or Clerk of the City of
Edina within thirty (30) days after the adoption of the assessment by the City
Council, and by filing such notice with the District Court within ten (10)
days after service upon the Mayor or Clerk.
The owner of the
I
I
However, no appeal may be taken as to an assessment unless a written objection
signed by the affected property owner is filed with the Clerk of the City of
Edina prior to the hearing or presented to the presiding officer at the hearing.
Pursuant to Minnesota Statutes, the City of Edina has adopted standards and
guidelines for deferring special assessments against homestead property owned by
persons 65 years of age or older for whom payment would be a hardship. To obtain
deferment, application must be filed with the City Assessor's office by the close
of business on the last business day before the City Council meeting set out in
the first paragraph of this notice.
forms, please call or visit the City Assessor's office.
BY ORDER OF THE EDINA CITY COUNCIL
For further information and application
Marcella M. Daehn
City Clerk . ..-
Motion for adoption of the resolution was seconded by Member Schmidt.
Rollcall :
Ayes:
Resolution adopted.
Bredesen, Richards, Schmidt, Turner, Courtney
=ET VALUE OF SINGLE FAMILY HOMES IN EDINA INCREASED BY 3%. Mr. Rosland advised
that Hennepin County, Department of Property Taxation, has increased the market value
of single family homes in Edina by three percent.
and the county has raised it to 92.6.
and that Minneapolis is at 92.9. No formal action was taken.
CONBINED STATEMENT OF INCOME AND LOSS/BALANCE SHEET AS AT 12/31/83 PRESENTED.
response to request of Member Bredesen at the July 16, 1984, Council Meeting,
Mr. Dalen presented Combined Statements of Income and Loss and Combined Balance
Sheet for Year Ended December 31, 1983. After review, the statements and balance
sheet were approved and ordered placed on file-by motion of Member Turner, seconded
by Member Bredesen.
Ayes: Bredesen, Richards, Schmidt, Turner, Courtney -
Motion carried.
Edina's ratio study showed 89.995
He noted that the county wide average is 93.6
In
RESOLUTION ADOPTED AUTHORIZING SALE OF $5,400,000 GENERAL OBLIGATION IMPROVEMENT
BONDS. $mO ,000 General Obligation Improvement Bonds , Series 1984.
City originally sold three temporary improvement issues in 1978, 1979 and 1980.
sale isrecomnended-in order to provide sufficient funds for the payment of the prin-
cipal of the temporary bonds which mature on October 1, 1984, and to finance the cost
of various improvement projects within the City.
following resolutiod and moved its adoption:
Mr. Dalen proposed that the City authorize the issuance and public sale of He recalled that the
The
Member Richards introduced the
RESOLUTION RELATING TO $5,4000,000
AUTHORIZING THE ISSUANCE AND CALLING
FOR THE PUBLIC SALE THEREOF
GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 1984;
BE IT RESOLVED by the City Council of the City of Edina, Minnesota (the City), as
follows :
1. Authorization. The City has previously issued its General Obligation Temporary
Improvement Bonds, Series 1984, dated October 1, 1984, in the principal amount of
$4,200,000 (the Temporary Bonds) under and pursuant to Minnesota Statutes,
Chapter 429 (the Act), to provide sufficient funds, together with funds then on hand
and available for such purpose, for the payment of the principal of and interest on
temporary improvement bonds at maturity previously issued by the City to defray the
expenses incurred in the construction of various local improvements under the Act.
All of the Temporary Bonds mature on October 1, 1984. This Council has heretofore
ordered local improvements to be constructed in the City (the Improvements), and
has contracted or will contract for the construction of each of the Improvements,
under and pursuant to Minnesota Statutes, Chapter 429. The present estimated total
8/6/84
120
cost of the Improvements less special assessments previously paid with respect to
the Improvements is $2,700,000.
with funds on hand and available for such purpose, for the payment of the principal
of the Temporary Bonds at maturity and to finance the Improvements, it is hereby
determined to be necessary and desirable for the City to sell and issue its
General Obligation Improvements Bonds, Series 1984 (the Bonds), in the principal
amount of $5,400,000 including every item of cost of the kinds authorized in
Minnesota Statutes, Section 475.65, $100,000 of such amount representing interest
as provided in Minnesota Statutes, Section 475.56.
2.
of sale hereinafter prescribed for the purpose of receiving sealed bids and
awarding sale of the Bonds.
cause a public notice of the time,.place and purpose of the meeting to.be published
in the Edina Sun, the official newspaper of the City, and in Commercial West,
published in Minneapolis, Minnesota, once not less than ten days before the date
of said meeting in substantially the following form:
In order to provide sufficient funds, together
I
-
Sale. This Council shall meet at the time and place specified in the notice
The City Clerk is hereby authorized and directed to
NOTICE OF BOND SALE
$5,400,000 GENERAL OBLIGATION IMPROVEIWN!T BONDS, SERIES 1984 CITY OF EDINA, MINNESOTA
NOTICE IS HEREBY GIVEN that the City Council of the City of Edina, Ninnesota (the City), will meet at the City Hall -_ . . 5.n Edina, Minnesota. at-7:00 o'clock P.M., on SeFtember 10, - 1984, to receive, open and consider bids for, and award the sale of $5,400,000 General Obligation Improvement Bonds, Series
1984 (the Bonds), of the City. The Bonds will be issued for the purpose of financing the cost of various improvement projects within the .City. The Bonds will be issuable in registered form as to both principal and interest and in the denomination of $5,000 or any integral multiple thereof. The Bonds will be dated, as originally issued, as of September 1,
January 1 in the following years and amounts:
.
. . 1984, and will mature, without option of prior payment, on .- ..
Year . Amount Year Amount
1986 $800,000 1991 $300,000
1987 800,000 1992 300,000
1988 800,000 1993 300,000
1989 900,000 - 1994 30(1,000
1990 900,000
The City will select a suitable bank or trust company to act as Bond Registrar, Transfer Agent and Paying Agent. Interest will be payable on each January 1 and July 1, commencing January 1, 1985, to the registered owners of the Bonds appearing of record in the bond register as of the 15th day of the immediately preceding month. nor the net effective rate of the issue may exceed the maximum legal rate determined pursuant tq Minnesota Statutes, Section
475.55. of Minneapolis, Minnesota.
Dated: August 6, 1984.
No rate of interest
A legal opinion will be furnished by Dorsey & Whitney,
BY ORDER OF THE CITY COUNCIL
Marcella M. Daehn City Clerk
, City of Edina, Minnesota -- -. - .
3. 'Tefms'and'Conditions of'Sale. The following statement of Terms acd Conditions
of-Sale shall constitute the terms,and conditions-far the sale..and issuance.of
the Bonds and such terms and conditions are hereby authorized to be incorporated
in material-distributed to prospective bidders for the Bonds :
TERMS AND CONDITIONS OF SALE . . ...
$5,400,000 GENERAL OBLIGATION IMPROVENEWI! BONDS, SERIES 1984 .. CITY OF EDINA, MINNESOTA
City) will meet at the .City Hall in the City at 7:OO o'clock,
~.XU., on September 10, 1984 to receive, open and to consider
' bids for and award the sale of $5,400,000 General Obligation
. Improvement Bonds, Series 1984 of the City (the Bonds). This
is a statement of the terms and conditions upon which the bids for the purchase of the Bonds will be received, the sale thereof awarded and the Bonds issued.
.- - .
The City Council of the City of'Edina, Minnesota (the .-
PURPOSE -.
.- . ---- ..
The Bonds will be issued for the purpise of financing the cost of constructing various improvement projects within the City, in accordance with the provisions of Minnesota . .
Statutes, Chapters 429 and 475. . ....
. . DATE; TYPE AND DENOMINATION .- The Bonds will be dated, as originaily issued, as of September 1, 1984, will be issued as negotiable investment securities in registered form as to both principal and interest and will be issuable in the denomination of $5,000 or any integral multiples thereof.
8/6/84
121
MATURITIES
The Bonds will mature, without option of prior . payment, on January 1 in the following years and amounts:
Amount Amount
1986 $800,000 1991 $300,000
1987 800,000 1992 300,000
1988 800,000 1993 300,000
1989 900,000 1994 3OO,OO0
1990 900,000
BOND REGISTRAR, TRANSFER AGENT FND PAYING AGENT
The City will select a suitable bank or trust company to act as Bond Registrar, Transfer Agent and Paying Agent (the
Registrar). The Bond Register will be kept, principal and
interest will be paid to the registered owner of each Bond and
transfers of ownership will be effected by the.Registrar. The
City will pay the charges of the Registrar for such services.
The City reserves the right to remove the Registrar and appoint
a successor.
. . :. I~ST PA- DATES. RATES
Interest will be payable each January 1 and July 1, commencing January 11;'1985, to the registered owners of the Bonds appearing of record in the Bond Register as of the close of business on the 15th day (whether or not a business day) of
the immediately preceding month. maturity must bear interest from date of issue until paid at a single, uniform rate. Each rate must be expressed in an integral multiple of 5/100ths or 1/8th of 1%, and no rate of interest nor the net effective rate of the issue may exceed the
maximum legal rate determined pursuant to Minnesota Statutes, Section. 475.55. .
All Bonds of the same'
.. ._ ~ . ._ . ... .
DELIVERY . ..
Within 40 days after the sale, the City will deliver to the Registrar the printed Bonds ready for completion and authentication.
notify the Registrar. at least 5 business days before delivery of the Bonds, of the persons in whose names the Bonds will be
initially registered and the authorized denominations of the Bonds to be originally issued.
by that date, the Bonds will be registered in the name of the original purchaser and will be issued in denominations corresponding to the principal maturities of the Bonds. On the day of closing, the City will furnish to the purchaser the opinion of bond counsel hereinafter described, an arbitrage certification and a certificate verifying that no litigation in any manner questioning the validity of the Bonds is then pending orl to the best knowledge of officers of the City, threatened. Payment for the Bonds must be received by the City at its designated depositary on the date of closing in immediately available funds.
The original purchaser of the Bonds must
If notification is not received
.
LEGAL OPINION
An opinion as to the validity of the Bonds and'as to AI
the exemption from taxation of the interest thereon will be I furnished by Dorsey b Whitney, of Minneapolis, Minnesota. The . legal opinion will be printed on the Bonds'at the request of
the purchaser. The legal opinion will state that the Bonds are valid and binding general obligations of the City enforceable in accordance with their terms, except to the extent enforceability may be limited by State of Minnesota or United States laws relating to bankruptcy, reorganization, moratorium
or creditors' rights generally.
I .
-
TYPE OF BID AND AWARD
Sealed bids for not less than $5,300,000 and accrued interest on the principaI sum of $5,400,000 must be mailed or
delivered to the undersigned and must be received prior to the ,time stated above. Each bid must be unconditional and must be accompanied by a cashier's check or certified check or bank 'draft in the amount of $108,000, payable to the City Clerk to - be retained by the City as liquidated damages if the bid is
accepted and the bidder fails to comply therewith.
faith check of the successful bidder will be deposited by the City at the time of award and deducted from the purchase price
at the time of closing. The bid authorizing the lowest net
interest cost (total interest on all Bonds from September 1,
1984 to their maturities, less any cash premium or plus any
discount) will be deemed the most favorable. The net effective rate on the Bonds may not'exceed the maximum legal rate . determined in accordance with Minnesota Statutes, Section
475.55, Subdivision 4. In the event that two or more bids state the lowest net interest cost, the sale of the Bonds will be awarded by lot. No oral bid and no bid of less than
$5,300,000 for principal, plus accrued interest on all of the Bonds, will be considered and the City reserves the right to reject any and all bids, to waive informalities in any bid, and
to adjourn the sale.
I
.
The good
8/6/84
122 ..
CUSIP NUMBERS
The City will assume no obligation for the assignment
or printing of CUSIP numbers on the Bonds or for the
correctness of any numbers printed thereon, but will permit such numbers to be assigned and printed at the expense of the
purchaser, if the purchaser waives any extension of the time of
delivery caused thereby. - Information for bidders and bidding forms may be
Dated: August 68 1984.
obtained from the undersigned.
.- _. -...... - .... . -.. . ._
BY ORDER OF THE CITY COUNCIL
Marcella M. Daehn
City Clerk
Edina, Minnesota
I
4. Official Statement. The City Treasurer-Finance Director is hereby authorized
and directed to prepare on behalf of the City an official statement to be'distributed
to potential purchasers of the Bonds.
statement of Terms and Conditions of Sale set forth in paragraph 3 hereof and such
other information as shall be deemed advisable and necessary to adequately describe
the City and the security for, and terms and conditions of, the Bonds.
Such official statement shall contain the
Attest: %A%-
City Clerk
The motion for the adoption of the foregoing resolution was duly seconded by Member
Turner. .._
Rollcall :
Ayes: Bredesen, Richards, Schmidt, Turner, Courtney
Nays: None
Resolution adopted.
CLAIMS PAID.
of the following claims as per Pre-List dated 8/6/84: General Fund $240,786.13,,
Park Fund $7,780.76, Art Center $1,900.61, Swimming Pool Fund $8,572.63, Golf
Course Fund #13,180.01, Recreation Center Fund $6,274.88, Gun Range Fund $351.05,
Waterwork Fund $24,741.40, Sewer Rental Fund $3,062.13, Liquor Dispensary Fund
$32,202.32, Construction Fund $13,515.37, IMP Bond Redemption Fund $325.00,
IMP Bond Redemption /,2 $325.00, Total $353,017.29, and for confirmation of the
following claims dated 6/29/84:
Art Center $854.05, Swimming Pool Fund $837.96, Golf Course Fund $13,435.35,
Recreation Center Fund $2,133.10, Gun Range Fund $66.22, Waterwork Fund
$21 , 448.19 , Sewer Rental Fund $2 , 794.49, Liquor Dispensary Fund $444 , 445.78,
Total $620,402.58.
Motion of Member Schmidt, was seconded by Member Courtney for payment m
General' Fund $131,419.71, Park Fund $2,967.73,
.
9 -. - -_-- - -. ___-____ -_.- .- _.- -
iyes :
Motion carried.
Eredesen, Richards, Schmidt , Turner , Courtney
There being no further business, Mayor Courtney declared the meeting adjourned at
10:47 p.m.
%&%U
City Clerk