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HomeMy WebLinkAbout19840910_regular132 IIINUTES .. OF THE REGULAR MEETING OF THE EDINA CITY COUNCIL HELD AT CITY HALL SEPTEMBER 10, 1984 Answering rollcall were Members Richards, Schmidt, Turner and Mayor Courtney. . ' BUDGET FOR 1985 PRESENTED TO COUNCIL. Mr. Rosland presented the proposed Budget for 1985 to the Council Members for their review and consideration at the special budget meetings which have been scheduled. He advised that the Budget for 1985 must be adopted by October 1, 1984. AWARD OF BIDS - $5,400,000 GENERAL OBLIGATION IMPROVEMENT' BONDS, SERIES 1984. The City- Clerk presented affidavits showing publication in a legal newspaper having- a general circulation in the City and in a daily or weekly periodical published in a Minnesota city of the first class or its metropolitan area, which circulates through- out the state and furnishes financial news as a part of its service, of a notice of .. No formal actfon was taken. I . $5,400,000 General ,Obligation Improvement Bonds,- Series 1984 (the Bonds), of the City, for which bids are to be considered at this meeting in accordance with a resolution adopted by the City Council on August 6, 1984, Said affidavits were examined, found to comply with the provisions of Minnesota Statutes, Chapter 475, and were approved and ordered placed on file in the office of the City Clerk. five (5) sealed bids were received by the City prior to 7:OO P.M., Central Daylight Time for the purchase of the Bonds in accordance with the Notice of Sale and Terms and Conditions of Sale. The bids have been opened, read and tabulated, and the highest and best bid of each bidder was found to be as follows: It was reported that Bid For Interest Total Interest Cost .: Name of Bidder Principal Rates - Net Average Rate First National $5,340,600.00 7 .OO% $1,942,000.00 Bank of Mpls. 7.20 8.1940% 7.40 7.60 7.90 8.20 8.40 8.60 8.75 7.20 7.40 7.70 8.00 8.20 8.40 8.60 8.70 7.25 7.50 7.70 8.00 8.20 8.30 8.50 8.50 $5,346 , 600.00 7 .OO% $5,335,539.00 7 .LO% $5,340,762.00 7 .OO% 7.25 7.50 7.75 8.00 8.20 8.40 8.60 8.80 7.40 7.80 8.00 8.25 8.50 8.70 8.80 9 .oo $5,334.259.86 7 .OO% The Northern Trust Company $1,943,300 .OO 8 ..1995% Harris Trust and Savings Bank Continental Illinois National Bank and Trust Company of Chicago Chemical Bank $1,884,266.67 8.2224% $1,957,488 .OO 8.259443% $2,019,440.14 8.520844% .. f 9 1101 84 133 Member Schmidt introduced the following resolution and moved its adoption: RESOLUTION RELATING TO $5,400,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 1984: AUTHORIZING THE ISSUANCE, AWARDING THE SALE, FIXING THE FORM AND DETAILS, PROVIDING FOR THE EXECUTION, DELIVERY AND SECURITY THEREOF AND LEVYING AD VALOREM TAXES FOR THE PAYMENT THEREOF BE IT RESOLVED by the City Council (the Council) of the City of Edina, Hennepin County, Minnesota (the City) , as follows: Section 1.. Recitals. 1.01. Authorization. The City has previously issued its General Obligation Temporary Improvement Bonds, Series 1981, dated October 1, 1981, 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 (the 1981 Improvement). In addition to the 1981 Improvements, this Council has heretofore ordered local improve- ments to be constructed in the City (the 1984 Improvements), and has contracted or will contract for the construction of each of the 1984 Improvements, under and pursuant to Minnesota Statutes, Chapter 429. Improvements less special assessments previously paid with respect to the Improvements available for such purpose, for the payment of the principal of the Temporary Bonds at maturity and to finance the 1984 Improvements, it is hereby determined to be necessary and desirable for the City to sell and issue its General Obligation Improvement 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 inafter together referred to as the "Improvements"., Council has publicly received, opened and considered all sealed bids presented in conformity with such notice. The most favorable of such bids is ascertained to'be that of First National Bank of Minneapolis, of Minneapolis, Minnesota, and associates, to purchase the Bonds at a price of $5,340,600.00 plus accrued interest, and upon the further terms and conditions set forth in this resolution. The Mayor and City Clerk are authorized and directed to endorse an acceptance on both copies of the bid and to send one copy to the bidder. The City Clerk is directed to retain the good faXth check of said bidder pending delivery of the Bonds and payment therefor, and the good faith checks of other bidders shall be returned to them forthwith. 1.03. Issuance of Bonds. All acts, conditions and things which are required by the Constitution and laws of the State of Minnesota to be done, to exist, to happen and to be performed precedent to and in the valid issuance of the Bonds having been done, existing, having happened and having been performed, it is nowinecessary for this Council to establish the form and terms of the Bonds, to provide for the security thereof, and to issue the Bonds forthwith. All of the Temporary Bonds mature on October 1, 1984. The present estimated total cost of the 1984 'is $2,700,000. In order to provide sufficient funds, together with funds on hand and . Statutes, Section 475.56. The 1981 Improvements and the 1984 Improvements are here- Award of Sale. Notice of sale of the Bonds has been duly published and the 1.02. Section 2. Form of Bonds. The Bonds shall be prepared in substantially .the following form: [Face of the Bonds1 I 1 UNITED STATES OF AMERICA STATE OF MINNESOTA COUNTY .OF HENNEPIN f I CITY OF EDINA -. GENERAL OBLIGATION IMPROVEMENT BOND, SERIES 1984 ! Interest Date of Rate Maturity Date Oriqinal Issue CUSIP September 1, 1984 No. s- mGISTERED OWNER SEE REVERSE SIDE FOR CERTAIN DEFINITIONS PRINCIPAL AMOUNT DOLLARS 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 the registered owner named above, or registered assigns, the principal amount specified above, on the maturity date . specified above, without option of prior payment, with interest 9110184 thereon from September 1, 1984, or from the most recent interest payment date to which interest has been paid or duly provided for, at the annual rate specified above, payable on January 1 and July 1 in each year, commencing January 1, 1985, to the person in whose name this Bond is registered at the close of business on the 15th day (whether or not a business day) of the immediately preceding month. .and, upon presentation and surrender hereof, the principal hereof, are payable in lawful money of the United States of America by check or draft by First National Bank of Minneapolis in Minneapolis, Minnesota, as Bond Registrar, Transfer Agent and Paying Agent (the Bond Registrar), or its successor designated under the Resolution described herein. the reverse hereof and such provisions shall for all purposes have the same effect as though fully set forth at this place. The interest hereon Additional provisions of this Bond are contained on This Bond shall not be valid or become obligatory for any purpose or be entitled to any security or benefit under the Resolution until the Certificate of Authentication hereon shall have been executed by the Bond Registrar by manual signature of one of its authorized representatives. County, State of Minnesota, by its City Council, has caused this Bond to be executed by the facsimile signatures of the Mayor and'the City Manager and by a printed facsimile of the official seal of the City. IN WITNESS WHEREOF, the City of Edina, Hennepin Dated: (Facsimile Signature) City Manager (Facsimile Signature) Mayor (Facsimile Seal) CERTIFICATE OF AUTHENTICATION This is one of the Bonds delivered pursuant to the Resolution mentioned within. FIRST NATIONAL BANK OF MINNEAPOLIS Authorized Representative BY [Reverse of the Bonds1 This Bond is one of an issue in the aggregate .principal amount of $5,400,000 (the Bonds), issued pursuant to a resolution adopted by the City Council on September 10, 1984 (the Resolution) to pay the cost of construction of local improvements in the City (the Improvements), and is issued. pursuant to and in full conformity with the provisions of the Constitution and laws of the State of Minnesota thereunto enabling, including Minnesota Statutes, Chapters 429 arld 475. This Bond is payable primarily from the 1984 Improvement Bond Fund (the Bond Fund) of the City, but the Council is required by law to pay maturing principal hereof and-interest hereon from any funds in the City'treasury if moneys on hand in the Bond Fund are insufficient therefor. The Bonds are issuable only as fully registered bonds, in denominations of $5,000 or any multiple thereof, of single maturities. As provided in the Resolution and subject to certain limitations set forth therein, this Bond is transferable upon the books of the City at the principal office of the Bond Registrar, by the registered owner hereof in person or by his attorney duly authorized in writing upon surrender hereof together with a written instrument of transfer satisfactory to the Bond Registrar, duly executed by the registered owner or his attorney; and may also be surrendered in exchange for Bonds of other authorized denominations. Upon such transfer or exchange, the City will cause a new Bond or Bonds to be issued in the name of the transferee or registered owner, of the same aggregate principal amount, bearing interest at the same rate and maturing on the same date, subject to reimbursement for any tax, fee or governmental charge required to be paid with respect to such transfer or exchange. The City and the Bond Registrar may deem and treat the person in whose name this Bond is registered as the absolute owner hereof, whether this Bond is overdue or not, for the purpose of receiving payment and for all other purposes, and neither the City nor the Bond Registrar shall be affected by any notice to the contrary. that all acts, conditions and things required by the Constitution and laws of the State of Minnesota to be done, .to exist, to happen and to be performed precedent to and in the . .. issuance of this Bond in order to make it a valid and binding IT IS =BY CERTIFIED, RECITED, COVENANTED AND AGREED F" 'I -I l I 9 /10 / 84 13% I: general obligation of the City according to its terms have been done, do exist, have happened and have been performed in regular and due form as so required; that prior to the issuance hereof, the City has agreed to levy ad valorem taxes upon all taxable property within the City and special assessments on property specially benefited by the Improvements, collectible in the years and amounts required to produce sums not less than five percent in excess of the principal of and interest on the Bonds as such principal and interest respectively become due, and has appropriated the same to the Bond Fund in the manner specified in Minnesota Statutes, Sections 429.091 and 475.61; that, in the event of any accumulated or anticipated deficiency in the Bond Fund, additional ad valorem taxes are required by law to be levied upon all taxable property in the City without limitation as to rate or amount; and that the issuance of this Bond does not cause the indebtedness of the City to exceed any charter, constitutional or.statutory limitation. The following abbreviations, when used in the inscription on the face.of this Bond, shall be construed as though they were written out in full according to the applicable laws or regulations: TEN CON - as tenants UNIF GIFT MIN ACT.. ... Custodian ..... in common (Cust) (Minor 1 TEN EDIT -- as tenants by the entireties under Uniform Gifts to JT. TEN -- as joint tenants Minors with right of survivorship and Act...................... not as tenants in (State) common Additional abbreviations.may also be used. ASS1G"T FOR VALUE RECEIVED, the undersigned hereby sells, - L assigns and transfers unto the within Bond and all rights thereunder, and hereby irrevocably constitutes and appoints attorney to transfer the within Bond on the books kept for registration thereof, with full power of substitution in the premises. - Dated: ' PLEASE INSERT SOCIAL SECURITY OR OTHER IDENTIFYING NUMBER NOTICE: The signature to this OF ASSIGNEE: assignment must correspond with . ,/ / particular, without alteration the name as it appears upon the face of the within Bond in every or enlargement or any change whatsoever. Signature(s1 must be guaranteed by a commercial bank or trust company or by a brokerage firm having a membership in one of the major stock exchanges. .- . 2.02. Form of'certificate. A certifrcate in substantially the following fcrm 'shall appear on the reverse side of each Bond, following a copy of the text of the legal opinion of Bond Counsel: We certify that the above is a full, true and correct copy of the legal opinion rendered by Bond Counsel on the issue of Bonds of the City of Edina which includes the within Bond, dated as of the,date of delivery of and payment for the Bonds. 8 I (Facsimile signature) City Manager (Facsimile signature) Mayor Section 3. Bond Terms, Execution and Delivery. 3.01. Maturities, Interest Rates, Denominations, Payment. The City shall forth- with issue and deliver the Bonds, which shall be denominated "General Obligation Improvement Bonds, Series 1984" and shall be payable primarily from the 1984 Improvement Bond Fund created in Section 4.02 hereof. The Bonds shall be in the denomination of $5,000 each or any integral multiple thereof, shall mature on January 1 in the years and amounts set forth below, and Bonds maturing in such years and amounts shall bear interest from September 1, 1984, or from the most recent interest payment date to which interest has been paid or duly provided for, until paid or duly called for redemption at the rates per annum shown opposite such years and amounts as follows: I Year Amount 19 86 $800,000 Rate 7 .OO% 1987 800,000 7.20% 1988 800,000 7.40% 1989 900,000 7.60% 1990 900,000 7.90% Year Amount Rate 1991 $300,000 8.20% 1992 300,000 8.40% 1993 300,000 8.60% 1994 300,000 8.75% 9 110184 The Council finds and determines that such maturities, as set sorth above, are warranted by the anticipated collection of the assessments levied or to be levied for the cost of the Improvements. The interest thereon and, upon surrender of each Bond, the principal amount thereof, shall be payable by check or draft issued by the Registrar described herein. The interest on the Bonds shall be payable on January 1 and July 1 in each year, commencing January 1, 1985, to the owner of record thereof as of the close of business on the fifteenth day of the immediately preceding month, whether or not such day is a business day. Registration. The City shall appoint, and shall maintain, a bond registrar, transfer agent and paying agent (the Registrar). rights and duties of the City and the Registrar with respect thereto shall be as follows : The Bonds shall be issuable only in fully registered form. 3.02. Interest Payment Dates. I 3.03. The effect of registration and the (a) Register. The Registrar shall keep at its principal corporate trust office a bond register in which the Registrar shall provide for the registration of ownership of Bonds and the registration of transfers and exchanges of Bonds entitled to be registered, transferred or exchanged. Upon surrender for transfer of any Bond duly endorsed by the registered owner thereof or accompanied by a written instrument of transfer, in form satisfactory to the Registrar, duly executed by the registered owner thereof (b) Transfer of Bonds. - or by an attorney duly authorized by the registered owner in writing, the Registrar shall authenticate and deliver, in the name of the designated transferee or trans- ferees, one or more new Bonds of a like aggregate principal amount and maturity, as requested by the transferor. The Registrar may, however, close the books for registration of any transfer after the fifteenth day of the month preceding each interest payment date and until such interest payment date. (c) Exchange of Bonds. Whenever any Bond is surrendered by the registered - 'owner for exchange, the Registrar shall authenticate and deliver one or more new Bonds of a like aggregate principal amount and maturity, as requested by the registered owner or the owner's attorney in writing. (d) promptly cancelled by the Registrar and thereafter disposed of as directed by the City. (e) Registrar for transfer, the Registrar may refuse to transfer the same until it is satisfied that the endorsement on such Bond or separate instrument of transfer is legally authorized. The Registrar shall incur no liability for the refusal, in good faith, to make transfers which it, in its judgment, deems improper or unauthorized. whose name any Bond is at any time registered in the bond register as the absolute owner of such Bond, whether such Bond shall be overdue or not, for the purpose of receiving payment of, or on account of, the principal of and interest on such Bond and for all other purposes, and all such payments so made to any such re- gistered owner or upon the owner's order shall be valid and effectual to satisfy and discharge the liability of the City upon such Bond to the extent of the sum or sums so paid. Registrar may impose a charge upon the owner thereof sufficient to reimburse the Registrar for any tax, fee or other governmental charge required to be paid with respect to such transfer or exchange. In case any Bond shall become mutilated or be lost, stolen or destroyed, the Registrar shall deliver a new Bond of like amount, number, maturity date and tenor in exchange and substitution for and upon cancellation of any such mutilated Bond or in lieu of and in substitution for any such Bond lost, stolen or destroyed, upon the payment of the reasonable expenses and charges of the Registrar in connection therewith; and, in the case of a Bond lost, stolen or destroyed, upon filing with the Registrar of evidence satisfactory to it that such Bond was lost, stolen or destroyed, and of the owner- ship thereof, and upon furnishing to the Registrar of an appropriate bond or indemnity in form, substance and amount satisfactory fb it, in which both the City and the Registrar shall be named as obligees. Registrar shall be cancelled by it and evidence of such cancellation shall be given to the City. If the mutilated, lost, stolen or destroyed Bond has already matured or been called for redemption in accordance with its terms, it shall not be necessary to issue a new Bond prior to payment. of its authentication. 3.04. Appointment of Initial Registrar. Cancellation. All Bonds surrendered upon any transfer or exchange shall be Improper or Unauthorized Transfer. When any Bond is presented to the (f) Persons Deemed Owners. The City and the Registrar may treat the person in (g) Taxes, Fees and Charges. For every transfer or exchange of Bonds, the (h) Mutilated, Lost, Stolen or Destroyed Bonds. All Bonds so surrendered to the (i) Dating of Bonds. Each Bond shall be dated by the Registrar as of the date The City hereby appoints First National Bank of Minneapolis, as the initial Registrar. authorized to execute and deliver, on behalf of the City, a contract with First National Bank of Minneapolis, as Registrar. Registrar with another corporation, if the resulting corporation is a bank or trust company authorized by law to conduct such business, such corporation shall be The Mayor and the City Manager are Upon merger or consolidation of the 9 /10 I84 137 authorized to act as successor Registrar. The City agrees to pay the reasonable and customary charges of the Registrar for the services performed. the right to remove any Registrar upon thirty (30) days notice and upon the appoint- ment of a successor Registrar, in which event the predecessor Registrar shall' deliver all cash and Bonds in its possession to the successor Registrar and shall deliver the bond register to the successor Registrar. On or before each principei or interest due date, without further order of this Council, the City Finance Director-Treasurer shall transmit to the Registrar, from the 1984 Improvement Bond Fund described in Section 4.02 hereof, moneys sufficient for the payment of all principal and interest then due. of the City Finance Director-Treasurer and shall be executed on behalf of the City by the signature of the Mayor and the City Manager, and shall be sealed with the official corporate seal of the City, provided that said signatures and the corporate seal may be printed, engrave , or lithographed facsimiles thereof. In case any officer whose signature, or a facsimile of whose signature shall appear on the Bonds shall cease to be such officer before the delivery of any Bond, such signature or facsimile shall nevertheless be valid and sufficient for all purposes, the same as if such officer had remained in office until delivery. Notwithstanding such execution, no Bond shall be valid or obligatory for any purpose or entitled to any security of benefit under this resolution unless and until a certificate of authentication on such Bond has been duly executed by the Registrar. Certificates of authentication on different Bonds need not be signed by the same representative. The executed certificate of authentication on each Bond shall be conclusive evidence that it has been authenticated and delivered under this resolution. When the Bonds have been so executed and authenticated, they shall be delivered by the City Finance Director-Treasurer to the Purchaser upon payment of the purchase price in accordance with the contract of sale heretofore made and executed, and the Purchaser shall not be obligated to see to the application of the purchase price. . 4.01. 1984 Improvement Construction Fund. There is hereby created a special fund The City reserves 3.05. Preparation and Delivery. The Bonds shall be prepared under the direction Section 4. Security Provisions. to be designated as the "1984 Improvement Construction Fund" (the Construction Fund), to be held and administered by the City Finance Director-Treasurer separate and apart from all other funds of the City. The City appropriates to the Consfruction Fund (a) the proceeds of the sale of the Bonds, except any amount in excess of $5,300,000 and any accrued interest received from the Purchaser in the sale of the Bonds, and (b) all collections of special assessments levied for the Improvements prior to completion and payment of all costs of the Improvements. October 1, 1984, the amount Q€ $2,700,000 in the Construction Fund shall be used to pay a portion of the principal of the Temporary Bonds. in the Construct.ion Fund after such transfer shall be used solely to defray expenses of the 1984 Improvements, including but not limited to the transfer to the 1984 Improvement Bond Fund, created pursuant to Section 4.02 hereof, of amounts sufficient for the payment of interest and principal, if any, due upon the Bonds prior to the completion and payment of all costs of the 1984 Improvements. A separate account shall be maintained in the Construction Fund to record expenditures for each 1984 Improvement, and when the total cost thereof has been paid, all subsequent collections of special assessments levied for that 1984 Improvement shall be credited and paid into the 1984 Improvement Bond Fund as defined in Section 4.02. Upon completion and payment of all costs of the 1984 Improvements, any balance of the proceeds of part, of any other improvements instituted pursuant to Minnesota Statutes, Chapter 429, as directed by the City Council, but any balance of such proceeds not On or before Moneys remaining on hand . Bonds remaining in the Construction Fund may be used to pay the cost, in whole or in '(SO used shall be credited and paid to the 1984 Improvement Bond Fund. 4.02. 1984 Improvement Bond Fund. So long as any of the Bonds are outstanding and any principal thereof or interest thereon unpaid, the City Finance Director- Treasurer shall maintain a separate and special 1984 Improvement Bond Fund (the Bond Fund) to be used for no purpose other than the payment of the.principa1 of and interest on the Bonds and on such other improvement bonds of the City as have been or may be directed to be paid therefrom. The City irrevocably appropriates to the Bond Fund (a) the collections of special assessments and other funds to be credited and paid thereto in accordance with the provisions of Section 4.01, (b) any taxes levied in accordance with this resolution, and (c) all such other moneys as shall be received and appropriated to the Bond Fund from time to time. in the Bond Fund is at any time insufficient to pay all interest and principal then due on all bonds payable therefrom, the payment shall be made from any fund of the City which is available for that purpose, subject to reimbursement from the Bond Fund when the balance therein is sufficient, and the Council covenants and agrees that it will each year levy such taxes as may be required for the payment of any accumulated or anticipated deficiency, which levy is not subject to any constitu- tional or statutory limitation. The City reserves the right to issue additional bonds payable from the Bond Fund as may be required to finance costs of the Improvements not financed hereby; provided that the City Council shall, prior to the delivery of such additional bonds, levy or agree to levy by resolution sufficient additional If the balance 4.03. Additional Bonds. 9 /lo/ 84 838 ad valorem taxes and special assessments which, together with other moneys or revenues pledged.for the payment of said additional obligations, will produce revenues at least five percent in excess of the amount needed to pay when due the principal and interest on all bonds payable from the Bond Fund. ad valorem taxes, special assessments and moneys or revenues so pledged, levied or agreed to be levied shall be irrevocably appropriated to the Bond Fund in the manner provided by Minnesota Statutes, Section 475.61. for payment of the cost of each of the Improvements it will do and perform all acts and things necessary for the full and valid levies of special assessments against all assessable lots, tracts and parcels of land benefited thereby and located within the area proposed to be assessed therefor, based upon the benefits received by each such lot, tract or parcel, in an aggregate principal amount not less than 20 percent of the cost of each of the Improvements. In the event that any such assessment shall be at any time held invalid with respect to any lot, piece or parcel of land, owing to any error, defect or irregularity in any action of proceeding taken or to be taken by the City or this Council or any of the City's officers or employees, either in the making of such assessment or in the performance of any condition precedent thereto, the City and this Council hereby covenant and agree that they will forthwith do all such further acts and take all such further.pro- ceedings as may be required by law to make such assessments a valid and binding lien upon such property. able that such part of the cost of the Improvements not paid by collections of the special assessments agreed to be levied pursuant to Section 4.04 hereof shall be paid from general ad valorem taxes levied upon all taxable property in the City, and that such portion of the cost will not exceed the total benefits to be conferred by the Improvements upon the City at large. amounts required by Minnesota Statutes, Section 475.61, Subdivision 1, for the pay- ment of the Bonds, and provide for the payment of such portion of said cost of the Improvements, there is hereby levied upon all of the taxable property of the City a direct, annual ad valorem tax, which shall be collectible with other taxes in the years and amounts as follows: The additional 4.04. Levy of Special Assessments. The City hereby covenants and agrees that I 4.05. Ad Valorem Taxes. It is hereby found and determined to be just and equit- In order to provide the additional Levy . Collection Levy Collection Year Year Amount . 1984 19 85 $1,275,000 19 85 1986 1,217,000 1986 1987 1,156,000 Year Year Amount 1989 1990 $422,000 1990 1991 397,000 1991 1992 370,000 1987 1988 1,199,000 1992 1993 343,000 1988 1989 1,127,000 The interest on the Bonds to be paid on January 1, 1985 will be paid out of the proceeds of the Bonds and other moneys of the City available for such purpose. Said taxes shall be irrepealable as long as any of the Bonds herein authorized are outstanding and unpaid; provided, that the City reserves the right and power to reduce the levies in the manner and to the extent provided in Minnesota Statutes, Section 275.61. Full Faith and Credit Pledged. . The full faith and credit of the City are irrevocably pledged for the prompt and full payment of the principal of and interest on the Bonds, and the Bonds shall be payable from the Bond Fund in accordance with the provisions and covenants contained in this resolution. It is estimated that the special assessments levied and to be levied, together with the ad valorem taxes levied for the payment of the Improvements and other moneys legally available to the City for such purposes, will be collected in amounts not less than five percent in excess of the annual principal and interest requirements of the Bonds. money on hand in the Bond Fund should at any time be insufficient to pay all principal and interest due on the bonds payable therefrom, such amounts shall be . paid from any other fund of the City and such other fund shall be reimbursed therefor when sufficient money is available in the Bond Fund. any year the sum of the balance in the Bond Fund plus the amount of special assess- ments and any ad valorem taxes theretofor levied for the Improvements and collectible through the end of the following calendar year is not sufficient to pay when due all principal and interest to become due on a11 bonds payable therefrom in said following calendar year, or the Bond Fun? has incurred a deficiency in the manner provided in this Section 4.06, an additional direct, irrepealable, ad valorem tax shall be levied on all taxable property within the corporate limits of the City for the purpose of restoring such accumulated or anticipated deficiency in accordance with the provisions of this resolution. Section 5. provided in this Section 5, all pledges covenants and other rights granted by this resolution to the holders of the Bonds shall cease. obligations with respect to any Bonds which are due on any date by irrevocably depositing with the Registrar on or before that date a sum sufficient for the payment thereof in full; or, if any Bond should not be paid when due, it may nevertheless be discharged by depositing with the Registrar a sum sufficient for the payment thereof in full with interest accrued to the date of such deposit. 4.06. If the If on October 1 in Defeasance. When all of the Bonds have been discharged as The City may discharge its The City may 9 /lo/ 84 also at any time discharge its obligations with respect to any Bonds, subject to the provisions of law now or hereafter authorizing and regulating such action, by depositing irrevocably in escrow, with a bank qualified by law as as escrow agent for this purpose, cash or securities which are general obligations of the United States or securities of United States agencies which are authorized by law to be so deposited, bearing interest payable at such time and as such rates and maturing on such dates as shall be required, without reinvestment, to pay all principal and interest to become due thereon to maturity. Section 6. Director of Property Taxation Registration, Certification of Proceedings, Investment of Moneys and Arbitrage. Director of Property Taxation Registration. authorized and directed to file a certified copy of this resolution with the Director of Property Taxation of Hennepin County, together with'such other information as the Director of Property Taxation shall require, and to obtain from said Director of Property Taxation a certificate that the Bonds have been entered on the bond register as required by law. 6.01. The City Clerk is hereby I; Ln Tr cca (b 5 m M I 6.02. Certification-of Proceedings. The officers of the City and the Director of Property Taxation of Hennepin County are hereby authorized and directed to prepare and furnish to the Purchaser and to Dorsey & Whitney, Bond Counsel, certified copies of all proceedings and records of the City, and such other affidavits, certificates and information as may be required to show the facts relating to the legality and marketability of the Bonds as the same appear from the books and records under their custody and control or as otherwise known to them and all such ' certified copies, certificates and affidavits, including any heretofore furnished, shall be deemed representations of the City as to the facts recited therein. of the Bonds that it will not take or permit to be taken by any of its officers, become subject to taxation under the Internal' Revenue Code of 1954, as amended (the Code), and the Treasury Regulations promulgated thereunder (the Regulations). monthly the amount on deposit in the Bond Fund. If the amount on deposit therein ever exceeds by more than $810,000 the aggregate amount of principal and interest due and payable from the Bond Fund within the next succeeding 12 months, such excess shall not be invested except at a yield less than or equal to the yield on the Bonds, based upon their amounts, maturities and interest rates on their date of issue, computed by the actuarial method. If any additional improvement bonds are ever issued and made payable from the Bond Fund pursuant to Section 4.03 hereof, the dollar amount in the preceding sentence shall be changed to equal 15 percent of the aggregate principal amount of all bonds, including the Bonds, which are then outstanding and payable therefrom. sions of this Section 6.04 at any time, whether prior to or after the deliver of the Bonds, if and to the extent that this Council determines that the provisions of this Section 6.04 are not necessary in order to ensure that the Bonds are not "arbitrage bonds" within the meaning of Section 103(c) of the Code and Regulations. 6.05. Arbitrage. The Mayor and City Manager, being the officers of the City charged with the responsibility for issuing the Bonds pursuant to this resolution, are authorized and directed to execute and deliver to the Purchaser a certificate in accordance with the provisions of Section 103(c) of the Code, and Sections 1.103-13, .1.103-14, and 1.103-15 of the Regulations, stating the facts, estimates and circum- 'stances in existence on the date of issue and delivery of the Bonds which make it 6.03. Covenant. The City covenants and agrees with the holders from time to time ' employees or agents any.action which would cause the interest on the Bonds to . 6.04. Investment of Moneys on Deposit in Bond Fund. The City Clerk shall ascertain The City reserves the right to amend the provi- reasonable to expect that the proceeds of the Bonds will not be used in a manner that would cause the Bonds to be arbitrage bonds within the meaning of the Code and Regulations. Attest: fl Mayor v City Clerk The motion for the adoption of the foregoing resolution was duly seconded by Member Turner, and upon vote being taken thereon the following voted in favor thereof: Rollcall : Ayes: Richards, Schmidt, Turner, Courtney \ whereupon said resolution was declared duly passed and adopted. FINAL PLAT APPROVAL FOR MILLER ADDITION CONTINUED TO 9/17/84. that he be excused from the meeting during consideration of the Miller Addition plat because of possible conflict of interest.) meeting of July 2, 1984, the Council had granted preliminary plat approval for the four-lot single family Miller Addition. access be acquired by mutual agreement between the developer and the affected property owner by August 20, 1984. At that meeting, staff suggested a continuation of the final plat approval to this meeting in hope of resolving the right of way issue. Mr. Hughes reported that an agreement has not been reached and that he had met and spoken by (Member Richards asked Planner Gordon Hughes recalled that at its Approval was granted with the condition that . .. 9 /10 / 84 telephone with Mr/Mrs Bernard Kuenzli, the affected property owners, on several occa- sions and had presented a plan which he had hoped would resolve the issue. A graphic was presented which showed the proposed plan and illustrated a joint platting of the Miller and Kuenzli property, including the transfer of some of the Miller property to the Kuenzlis to increase the size of two of their non-conforming lots. The plan was also based upon the Kunezlis being assessed for sewer, water and street improve- ment costs for only one of their lots. The other two lots which would be benefitted by these improvements would not be assessed, or if assessed such assessments would be paid by others. the needed right of way to the City. that the necessary drainage basin would be located on public rather than private pro- perty. The proposal as outlined was agreed to by Mr. Miller, but was not approved by the Kuenzlis. Mr. Hughes submitted that the issue again before the Council is use of its power of eminent domain to secure the right of way. If the Council elects to use this authority, it is suggested that a resolution be adopted authorizing acquisition by purchase or eminent domain if necessary. Staff would then suggest that final plat approval of the Miller Addition should be continued pending the design of the proposed public improvements, acquisition of the right of way and agreement of Millers to pay related costs. If the use of eminent domain is not authorized, staff would recommend that the Miller Addition should be denied. Mr. Hughes also advised that, with regard to the vacation of Spruce Road/Dearborn Street and the alley next on the agenda, that if the right of way is not acquired from the Kuenzlis, then no right of way should be vacated. by eminent domain is authorized, then the Spruce Road/Dear- born Street/alley vacations should be subject to the actual acquisition of the needed right of way and final plat approval of Blake Woods (east of Dearborn Street) should be withheld until such right of way is acquired. He noted that John and Jim Miller, the proponents, were present to answer questions. John Miller observed that they felt the proposed plan for a joint platting of the Miller and Kuenzli property was a good one, that the proposed dedication to the City by the Millers of the outlot for drainage would resolve that issue and that he hoped the Kuenzlis would agree to the plan and . that access could be acquired thereby. spoke in support of the proposed plan as presented by Mr. Hughes. presented their arguments as to why the plan was not acceptable to them, stating they did not feel the water drainage will be adequate and that they were not interested in developing their property at this time. moved that final plat approval be continued for one week to the September 17 meeting to allow for further negotiations between the Millers and the Kuenzlis. seconded by Member Turner. - In consideration of these items, the Kuenzlis were asked to convey Mr. Hughes pointed out that this plan envisioned I If acquisition Lloyd Peterson, developer of Blake Woods, Mr. and Mrs. Kuenzli After further discussion, Member Schmidt .- Motion was Ayes: Schmidt, Turner, Courtney Hotion carried. Attorney Erickson then asked Mr. Miller if he would agree to the extention of time for consideration of final plat approval. (Member Richards returned to the meeting at this point.) Mr. John Miller agreed to the extention. HEARING DATE SET FOR FINAL DEVELOPMENT PLAN/ERICKSON PETROLEUM CORPORATION. recommended by staff, Member Schmidt's motion was seconded by Member Richards to set As September 17,- 1984, as hearing date for the following: 1) Final Development Plan - Erickson Petroleum Corporation/Holiday - Generally located northeast quadrant of W. 50th Street and Interlachen Boulevard. Ayes: Richards, Schmidt, Turner, Courtney : Motion carried. PUBLIC HEARING ON VACATION OF DEARBOR"STREET/SPRUCE ROAD/ALLEY CONTINTJED TO 19/17/84. As recommended by Mr. Hughes, the public hearing on vacation of portion of Dearborn Street, Spruce Road and the alley between Dearborn Street/Arthur Street and between Spruce Road/Belmore Lane was continued to September 17, 1984, by motion of Member Schmidt, seconded by Member Turner. Ayes: Richards, Schmidt, Turner, Courtney v Motion carried. I PUBLIC HEARING CONDUCTED; LONDONDERRY DRIVE CHANGED TO DUNCAN LANE. Notice were presented by Clerk, approved as to form and ordered placed on file. Mr. Rosland advised that the public hearing to consider a change of name for London- derry Drive for the access road into the Londonderry Townhouse complex was called as a result of a request from the Londonderry Townhouse Association. John Loper, president of the Londonderry Townhouse Association, explained that the name change is requested because they have a steady flow of misdirected and confused drivers into the cul-de-sac of the townhouse complex who are searching for the "Londonderry Road" or "Londonderry Drive" streets that lie about three blocks easterly. Richard Patch, 5721 Duncan Lane, also spoke in favor of the street name change to either Townhouse Road or Duncan Lane. the access road into the Londonderry Townhouse complex from Londonderry Drive to Duncan Lane, Xember Richards offered the following ordinance for First Reading, waiving Second Reading, and moved its adoption: Affidavits of No objections being heard to changing the name of . .. .. 9/10/84 STREET NAME CHANGE ORDINANCE NO. 15 THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, ORDAINS: The access road into the Londonderry Townhouse complex in London- derry Replat from Lincoln Drive to Nine Mile Creek is hereby named "Duncan Lane". passage and publication. Motion for adoption of the ordinance was seconded by Member Turner. Section 1. Sec. 2. This ordinance shall be in full force and effect from and after its Rollcall : Ayes: Richards, Schmidt, Turner, Courtney Ordinance adopted. ATTEST : .- City Clerk RESOLUTION ADOPTED REQUESTING SIGNALIZATION AT VERNON/TRACY AND vERNON/BLAKE. Engineer Hoffman recalled that the Traffic Safety Committee at its meeting of June 12, 1984, had recommended signalization of the Vernon AvenuejBlake Road and Vernon Avenue/Tracy Avenue intersections and had suggested that a public hearing be held in September so that residents of the area could voice their opinions. The Committee had at that time recommended that the Council adopt a resolution to request the Hennepin County Board to consider installations of traffic signals at these locations with no assessment for the project to property owners. further that the Committee's recommendation was based on a traffic survey which has been conducted by Hennepin County. Mr. Hoffman presented a graphic showing traffic volumes on a 24-hour basis. Speaking in favor of signalization were Wayne Childs, 5725 Blake Road; Linda Farrell, 5700 Blake Road, stating she represented the families of the Highland and Countryside Schools.communities; Carol Carlson, 5521 Glengarry Parkway; Rowenna.Hohman, 5714 Blake Road;.rJack Eike, 5713 Vernon Avenue; and John Teifer, 5717 Hawkes Drive. Trish Brown, 6137 Sherman Circle, stated she was repre- senting the families in the area of Bredesen Park who have small children and they support signal lights at Olinger Boulevard and Vernon Avenue. 'Merritt Circle voiced his opposition to a traffic signal at Vernon Avenue and Tracy. Tom Withhark, 5712 Tracy Avenue, stated that he was concerned that a signal light at Vernon and Tracy would draw more traffic from the area south of the Crosstown Highway going to the shopping area on Vernon Avenue. Member Richards questioned if the traffic volume numbers shown would meet the necessary warrants for signali- nation. Mr. Hoffman responded that they would and further advised that the City's portion of the costs could be funded by State Aid money for the greater portion, and that he would recommend adoption of a resolution requesting signalization. Member Turner then introduced the following resolution and moved its adoption: He noted , Jim Felker, 5500 RESOLUTION TO HENNEPIN COUNTY TRAFFIC SIGNALS CSAH 158 WHEREAS, the Edina City Council requested a traffic study be conducted on CSAH 158 (Vernon Avenue) in October 1983; and WHEREAS , Hennepin County traffic studies indicate traffic movements at Vernon Avenue (CSAH 158) and Blake Road, and Vernon Avenue (CSAH 158) and Tracy Avenue meet warrants for signalization, and WHEREAS, the Edina Traffic Safety Committee has reviewed the traffic studies and would recommend that the signals be installed, based on the Hennepin County studies; and WHEREAS, the Edina City Council has reviewed the Edina Traffic Safety Committee actions, and WHEREAS, the Edina City Council conducted public hearings in which positive citizen reaction for the signals is substantial in both number attending the hearings and the Countryside PTA continued involvement seeking resolution to the traffic problems, and WHEREAS, the Edina City Council understands that the warrants are met and there- fore the signals are eligible for state aid funding; NOW, THEREFORE, BE IT RESOLVED that the Edina City Council requests the Hennepin County Board of Commissioners to approve installation of traffic signals on Vernon Avenue (CASH 158) at the Blake Road and Tracy Avenue intersections, subject to state aid funding of same. Rollcall : Ayes: Richards, Schmidt, Turner, Courtney Resolution'adopted. ADVISORY WINE REFERENDUM AUTHORIZED FOR 11/6/84 BALLOT. Virginia Bodine, Executive Director of the Edina Chamber of Commerce, presented the request of the Chamber that the citizens of Edina be allowed the opportunity to express their wishes as to whether restaurants in Edina can serve wine with meals in compliance with Minnesota Statutes 9 I10 184 Section 340.11. It is understood that the results of the ballot would be advisory in nature and not binding upon the City Council. at the General Election on November 6, 1984, would read, "Shall the City of Edina, Minnesota issue wine only licenses to restaurants having the capacity and staff adequate to provide table service for a minimum of twenty-five guests so as to permit the sale of wine on the premises but only in conjunction with the sale of food, all in compliance with Minnesota Statutes Section 340.11." petition with over 400 signatures from EXPO '83, signed by residents or persons who have businesses in Edina, in support of the request. She advised that a bank account has been established in which there is presently a balance of $1,500.00 to be held to pay for the cost of placing the wine license question on the ballot. Member Richards asked if that amount would be adequate to defray the cost. Mr. Rosland responded that it should be adequate but pointed out that the cost can only be estimated at this time. Member Richards explained that the cost for an advisory referendum cannot be paid by the City. and supporters of the referendum. Council to let the citizens of Edina express their wishes on the wine licensing issue. .. Speaking in support of the refe2Qndum were GayleKloster, President of the Edina Chamber of Commerce; Warren Beck, Manager of the Galleria and also representing the merchants association; and Connie Balcom, 5528 Halifax Lane. Discussion followed as to wording of the question to be placed on the ballot. should be similar to the type of question that was put to the citizens in 1975. Richards then moved that the City Nanager and City Attorney research alternative wording of the question regarding issuing wine licenses and bring those back to the Council for consideration at its meeting of September 17, 1984. by Member Turner who stated she would like to put the question to the citizens. The proposed question for the ballot Mrs. Bodine then presented a I In response, Mrs. Bodine advised that the costs will be paid by the Chamber Sherwin Plummer, 6307 Kellogg Avenue, urged the. Member Richards suggested that the wording Member Motion was seconded Ayes: Richards, Schmidt, Turner, Courtney Motion carried. TENPORARY BEER LICENSE APPROVED FOR ST. PATRICK'S CHURCH DINNER.. Mr. Rosland presented the request of the Church of St. Patrick of Edina for a temporary beer license in connection with a dinner to be served following a polka mass to be held an September 15, 1984, advising that this was the first request of this type. It was pointed out that under the present Ordinance No. 902, that temporary on-sale beer licenses may be issued to a religious corporation if all requirements of the ordinance are met. impact on the neighborhood, repeated requests if the event is successful and similar requests from other churches. that all requirements of the ordinance have been met with the exception that the application must be submitted 45 days prior to the event. He added that the City can be more .restrictive in the ordinance than required by the State Statute and the Council may wish to consider amending the ordinance so that the sale of beer would have to be in conjunction with an event or with the serving of food. Member Richards moved approval of a temporary beer license for the Church of St. Patrick of Edina with the understanding that the beer would be sold only in conjunction with the dinner to be served after the mass. Member Richards submitted that several issues should be considered, After reviewing the ordinance, Attorney Erickson advised Motion was seconded by Member Turner. Ayes: Schmidt, Richards, Turner, Courtney - MotTon carried. TEMF'ORARY LIQUOR LICENSE APPROVED FOR EDINAMITE '84. Mr. Rosland presented the request of The Edina Foundation for issuance of a temporary liquor license for the EDINAMITE '84 benefit to be held on November 2, 1984, at the Golf Dome in Braemar Park. He noted that the format has been changed this year and that wine and beer will be sold in connection with the Raffle drawing. seconded by Member Richards to approve the issuance of a temporary on-sale liquor license, through the current on-sale license of Interlachen Country Club, for EDINAMITE '84 to be held on November 2, 1984 at Braemar Park. Member Turner's motion was Ayes: Schmidt, Richards, Turner, Courtney v Motion carried. I COUNTY 3% INCREASE OF SINGLE FAMILY HOMES IN EDINA TO BE APPEALED. Assessor Johnson reported that he has informed the Minnesota Revenue Department that the City of Edina will appeal the 3% increase set by Hennepin County on evaluations of single family homes in the City. Hennepin County has raised it to 92.6. Following discussion, Member Richard moved that the Assessor be directed to send a formal letter of appeal to the state with the request for a hearing thereon. He recalled that Edina's ration study showed 89.995 and that Motion was seconded by Member Turner. Ayes: Schmidt, Richards, Turner, Courtney -3iotion carried. HARWSSMENT REMEDIES UNDER EXISTING LAW AND PROPOSED HARRASSMENT ORDINANCE DISCUSSED. Mr. Rosland referred to an opinion letter addressed to the Council from Attorney Erickson in which he opined that existing remedies under the City ordinances and civil remedies available to Dr. Hanson should resolve most of the problems of which Dr. Hanson complained relative to alleged harrassment conducted recently in front of 9 /lo/ 84 her home. It was noted in the letter that Mr. Erickson had discussed the memorandum with Mr. Franz Jevne who had made the contact with the City Attorney on behalf of Dr. Hanson. Mr. Jevne concurred with the conclusion that a new ordinance would be superfluous, difficult to draft and more difficult to enforce and that he would so advise Dr. Hanson. Attorney that a new ordinance is not necessary or advisable. Member Schmidt, who stated that Dr. Hanson should be advised of this action. Member Turner then moved concurrence with the opinion of the City Motion was seconded by Ayes: Richards, Schmidt, Turner, Courtney Motion carried. RECOMMENDATIONS PRESENTED FOR GOOSE PROBLEM IN CITY. contacting the U.S. Fish and Wildlife Department it was recommended that control of the geese within the City can be undertaken by residents by harrassment of the birds off property principally through the use of a water hose and nozzle. For the City, it is recommended that this Fall the City: 1) continue to post "DO Not Feed Waterfowl" signs, 2) that any existing goose boxes be removed, 3) that muskrats in problem areas be.trapped out to eliminating geese nesting on muskrat houses and that any aeration systems be shut down for the winter so that the ice freezes ... over. Mr. Rosland noted further that the U.S. Fish and Wildlife is obtaining migratory and distress calls of the birds in hope of getting them to migrate. The Department will also be sent a letter identifying the problem areas this Fall so that next spring the removal program can be initiated. John Horton, 6309 St. Johns Avenue, affirmed that geese in his back yard this summer have become a real problem and that they have also become a concern to air traffic near the airport and that probably the federal government could be asked to resolve the problem of the goose population in the metropolitan area. No formal action was taken. Mr. Rosland reported that after COUNCIL/LEGISLATORS BREAKFAST SCHEDULED FOR SEPTEMBER 28, 1984, AT CITY HALL. Council was reminded that the Council/Legislative breakfast is scheduled for 7:30 a.m. on Friday, September 28, 1984, in the Manger's Conference Room, City Hall. No action. The EDINA/RICHFIELD MEETING SET FOR SEPTEMBER 26, 1984. informal meeting between the Edina and Richfield City Councils is scheduled for Wednesday, September 26, 1984, at noon and that he would obtain further details and relay them to the Council Members. No action was taken. RESOLUTION ADOPTED AUTHORIZING JOINT COOPERATION AGREEMENT BETWEEN CITY AND COUNTY RELATIVE TO COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS. Mr. Rosland recalled that Edina. received Community Development Block Grant (CDBG) funds through Hennepin County from a Department of Housing and Urban Development (HUD) Grant. The application for and use of the funds are controlled by a joint cooperation agreement between the City and the County. The current agreement expires on October 1, 1984, and in order to continue as a CDBG recipient a new agreement covering the next three program years must be executed. will be required to use all funds within 18 months as opposed to 2 years in the previous agreement. of the resolution. adoption: RESOLUTION WHEREAS, the City of Edina, Minnesota and the County of Hennepin have in effect a Joint Cooperation Agreement, County Contract No. 10379, for the purposes of qualifying as an Urban County under the United States Department of Housing and Urban Develop- ment Community Development Block Grant program; and WHEREAS, the City and the County wish to terminate the Agreement and execute a new Joint Cooperation Agr,eement, County Contract No. 40425, to reconstitute the Urban County for purposes of the Community Development Block Grant program; BE IT RESOLVED, that the current Joint Cooperation Agreement between the City and the County, County Contract No. 10379, be terminated effective September 30, 1984, and a new Joint Cooperation Agreement between the City and the County, County Contract No. 40425, be executed effective October 1, 1984, and that the Mayor and the City Manager be authorized to sign the Agreement on behalf of the City. Motion for adoption of the resolution was seconded by Member Schmidt. Mr. Rosland advised that the The major change from the previous agreement is that communities Staff would recommend approval of the Agreement and adoption Member Turner then introduced the following resolution and moved Rollcall : Ayes: Richards, Schmidt, Turner, Courtney Resolution adopted. H.R.A. COMMISSIONERS REAPPOINTED. Being advised that the terms of office of three commissioners of the Housing and Revelopment Authority have expired, Member Turner's ~ motion was seconded by Member Schmidt to reappoint the following: June Schmidt, term to 1-1-85; Fred Richards, term to 1-1-87 and.A. Charles Bredesen 111, term to 1-1-87. Ayes: Richards, Schmidt, Turner, Courtney Motion carried. FINAL' PLANS APPROVED FOR FRANCE AVENUE/494 INTERCHANGE PROJECT. Engineer Hoffman showed a graphic illustrating final plans for the France Avenue/494 interchange and advised that the project will start late this fall or early next spring whereby the 9/10/84 diamond interchange will be converted to a partial cloverleaf congestion. He pointed out that Richfield, Bloomington, Edina, Hennepin County and the State Department of Transportation (NnDot) have been working as a task force on the project and have asked the federal government for funding. 76% of the funds will come from the Federal Aid to Urban Road Program with the remaining 24% of the cost to be split up between Bloomington, Edina, Hennepin County and MnDot. Staff has reviewed the final plan and would recommend approval thereof. the Council for approval. Edina's participation in the cost of the project and that the City not spend-any general tax dollars for the project. especially important to the City because the Southdale Center is located just north of the interchange and because most of the traffic problems in that area are the result of traffic coming from and going to Southdale. benefit from the redesign of the interchange. following resolution and moved its adoption: interchange to reduce It is anticipated that A cooperative ~ agreement will be drafted.after the costs are worked out and will be brought back to It is anticipated that state aid dollars will be used for I Mr. Hoffman pointed out that the project is The Edinborough project will also Member Turner then introduced the RESOLUTION WHEREAS, plans for Hennepin County Project No. 7927 (S.P. 27-617-09) showing pro- posed alignment, profiles, grades, and cross sections for the improvement of County State Aid Highway No. 17 within the limits of the City as a Federal Aid Project have been prepared and presented to the.City; NOW, THEREFORE, IT IS RESOLVED, that said plans be in all things approved and that the City agrees to provide the enforcement for the prohibition of on-street parking on that portion of said Project No. 7927 (S.P. 27-617-09) within its corporate limits. Motion for adoption of the resolution was seconded by Member Richards. Rollcall : Ayes: Richards, Schmidt, Turner, Courtney Resolution adopted. PROPOSED SPEED SKATING RINK DISCUSSED. Member Turner asked for an update on the speed skating rink that is proposed to be constructed in the metropolitan area. Mr. Kojetin advised that it will be discussed by the Park Board at their next meeting. All pro- posals for the project must be presented by 5:OO p.m. on October 12, 1984, in order to be considered. No action was taken-. FAVORABLE COMMENT NOTED REGARDING HANSEN ROAD IMPROVEMENT. Member Schmidt mentioned that she had received a very favorable comment from residents of Hansen Road regarding the improvement to the roadway. complaints from residents along Hansen Road and that staff has been able to respond to and resolve most of their concerns. No action was taken. D Mr. Hoffman noted that he has received a number of PARAMEDIC PROGRAM DISCUSSION TO BE CONTINUED AT NEXT COUNCIL MEETING. suggested that the subject of the Paramedic Program be placed on the next Council Agenda for further discussion and that interested persons be so advised. Sir. Rosland CITY MANAGER TO ATTEND I.C.M.A. CONFERENCE. Mr. Rosland advised the Council that he would be attending the International City Managers' Conference scheduled for the week of September 17th. 1985 BUDGET DISCUSSION TO CONTINUE SEPTEMBER 12. Mr. Rosland reminded the Council Members that the next discussion and review of the proposed 1985 Budget would be on Wednesday, September 12 at 4:30 p.m. RESOLUTION ADOPTED SETTING HOURS OF SALE FOR CITY LIQUOR STORES. Mr. Rosland advised that Ordinance No. 902 provides that municipal liquor store hours shall be established by Council resolution. Member Turner introduced the following resolution and moved its,:adoption: ' I 1. 1. I RESOLUTION WHEREAS, the City of Edina has adopted Ordinance No. 902 which states that Municipal Liquor Store hours shall be established by resolution of the Couqcil; and WHEREAS, the City Council of the City of Edina desires to give its management staff flexibility in hours of operation to adapt to business conditions; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Edina pemits the Municipal Liquor Stores to be open any time that is not specifically prohibited herein. The stores shall not be open before 8:OO A.M. or after 8:OO P.M. on any day except Friday and Saturday, on which days off-sales may be made until10:OO P.M., and no store shall be open on New Year's Day (January l), Memorial Day (the last Monday in May), Independence Day (July 4), Thanksgiving Day, or Christmas Day (December 25), but on the evenings preceding such days, if the sale of intoxicating liquor is not otherwise prohibited on such evenings, the stores may be open until 1O:OO P.M., except that no off-sale shall be made on December 24 after 8:OO P.M. for business on any Sunday. The stores shall not be open Rollcall : Ayes : Resolution adopted. Richards;' 'Schmidt, Turner, Courtney 9 1101 84 145 HEARING DATE SET FOR VACATION OF PORTION OF WEST 50TH STREET. petition has been received requesting vacation of a portion of West 50th Street, Member RiGhards introduced the following resolution and moved adoption: Being advised that a RESOLUTION CALLING PUBLIC HEARING ON VACATION OF EASEMENT FOR ROAD PURPOSES BE IT RESOLVED by the City Council of the City of Edina, Hennepin County, Minnesota, as follows: 1. It is hereby found and determined after receipt of the petition of the owners of land affected thereby that the following described easement for road purposes should be considered for vacation, in accordance with the provisions of Minnesota Statutes, Sections 412.851 and 160.29: That portion of West 50th Street described as follows: "The West 97 feet of the East 130 feet of the South 7 feet of the North 40 feet of the Southeast Quarter of Section 18, Township 28, Range 24." This Council shall meet at the time and place specified in the form of notice .2. included in paragraph 3 hereof for the purpose of holding a public meeting on whether such vacation shall be made in the interest of the public. 3. The Clerk is authorized and directed to cause notice of the time, place and purpose of said hearing to be published once a week for two weeks, in the Edina Sun, being the official newspaper of the City, the, first publication at least 14 days prior to the date of such hearing and to post such notice, at least 14 days prior to the date of such hearing, in at least three (3) public and conspicuous places within the City, as provided in Minnesota Statutes, Section 412.851. Such notice shall be in substantially the following form: (Official Publication) CITY OF EDINA 4801 W. 50th Street Edina, Minnesota 55424 NOTICE OF PUBLIC HEARING OF WEST 50TH STREET IN THE CITY OF EDINA ON V~ATION OF PORTION OF RIGHT OF WAY HENNEPIN COUNTY, MINNESOTA NOTICE IS HEREBY GIVEN that the City Council of the City of Edina, Hennepin County, Minnesota, will meet at the Edina City Hall, 4801 W. 50th Street on Monday, October 15, 1984 at 7:OO p.m., for the purpose of holding a public hearing on the proposed vaca- tion of the following easement for road purposes: That portion of West 50th Street described as follows: "The West 97 feet of the East 130 feet of the South 7 feet of the North 40 feet of the Southeast Quarter of Section 18, Township 28, Range 24." All' persons who desire to be heard with respect to the question of whether or not the above proposed vacation is in the public interest and should be made shall be heard at said time and place. proposed vacation affects existing easements within the area of the proposed 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 011 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 $hereto, for the purpose of specifying, in any such vacation resolution, the extent to which any or all of any such easements, and such authority to maintain, and to enter upon the area of the proposed vacation, shall continue. BY ORDER OF THE EDINA CITY COUNCIL. The Council shall consider the extent to which such Marcella M. Daehn City Clerk Motion for adoption of the resolution was seconded by Member Turner. Rollcall : Ayes: Richards, Schmidt, Turner, Courtney Resolution adopted. ORDINANCE NO. 1032-A3 (AMENDING THE NOISE ORDINANCE) ADOPTED ON SECOND READING. Mr. Rosland advised that since First Reading of Ordinance No. 1032-A3 by the Council on August 6, 1985, a proposed revision has been prepared by the City Attorney. The changes add new provisions for the place of noise measurements, and new Sections 6, 7 and 8 which relate to mechanical sound devices, loudspeaker permits and participants as violators. interpretation of these various sections, they may be of value and, in most cases, should be enforceable. Member Turner then offered Ordinance No. 1032-A3 for Second Reading as follows: Although there may be some difficulties with the language and the ORDINANCE NO. 1032-A3 AN ORDINANCE AMENDING ORDINANCE NO. 1032 TO ADOPT THE NOISE POLLUTION CONTROL RULES OF THE MINNESOTA POLLUTION CONTROL AGENCY, AIR QUALITY DIVISION, TO PROHIBIT LOUD AND RAUCOUS NOISES, TO REQUIRE PERMITS FOR LOUDSPEAKERS, TO INCLUDE 3 PARTICIPANTS AS VIOLATORS AND PRESCRIBING A PENALTY. 9/10/84 846 THE its CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, ORDAINS: Section 1. Section 1 of Ordinance NO. 1032 is hereby amended by deleting it in entirety and inserting the following in lieu thereof: Section 1. Regulations of Minnesota Pollution Control Agency Adopted. There is hereby adopted and incorporated herein by reference as a part of this ordinance of the City, the Noise Pollution Control Section Regulations of the Minnesota Pollution Control Agency, adopted as of July 31, 1983, and published by the Revisor of Statutes, State of Minnesota, as Minnesota Rules, 1983, Chapter 7010, with the following changes: The definition of "Agency" appearing in Section 7010.0100B of said Regulations is amended to read "Agency means the City of Edina." The definition of "Director" appearing in Section 7010.0100F of said Regulations is amended to read "Director means the City Sanitarian." The definition of "daytime hours" appearing in Section 7010.OlOOD of said Regulations is amended to read "Daytime hours are those from 6 A.M. to 10 P.M." The definition of "nighttime hours" appearing in Section 7010.0100J of said Regulations is amended to read "Nighttime hours are those from 10 P.M. to 6 A.M." Section 7010.0600 is amended to read as follows: "A measurement procdure approved by the City Sanitarian shall be used to determine the acceptability of sound levels in a given area. Such measurements shall be made (i) if the noise emanates from a place other than a building or structure, then at the point of human activity in the receiving area which is the nearest the noise source and which is typical for the noise area classification category of the receiving area, except where existing barriers, obstructions or reflecting surfaces prevent an accurate measurement, and (ii) if the noise emanates from a building or structure, then from the property line of the property on which the building or structure is situated." - Sec. 2. Prohibited Noises. No person shall make, continue, or cause or allow 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. Section 3 or Ordinance No. 1032 is hereby amended by deleting it in its enrirety and inserting the following in lieu thereof: Sec. 3. Sec. 3. Codes on File. One copy of each of the following, each marked "Official Copy," shall be filed in the office of the City Clerk for use and examination by the public: (a) Noise Pollution Control Section Regulations of the Minnesota Pollution Control Agency as adopted as of July 31, 1983, and published by the Revisor of Statutes, State of Minnesota, as Minnesota Rules, 1983, Chapter 7010; and (b) American National Standards Institute Specification for Sound Level Meters, S1.4-1971. The City Clerk shall furnish copies of said codes and regulations at cost to any Sec. 4. Section 7 of Ordinance No. 1032 is hereby renumbered Section 9, and Sec. 9. Penalty. Any person who violates or fails to comply with any provisions of this ordinance shall be guilty of a misdemeanor, and subject to penalties pursuant to Ordinance No. 175. other penalty or remedy herein prescribed. Sec, 5. Ordinance No. 1032 is hereby amended to add Sections 6, 7 and 8 as Sec. 6, Mechanical Sound Devices. No person shall make, continue or cause or . allow to be made or continued, any unreasonably loud or raucous noise, in the operation or use of any radio, phonograph or other mechanical or electrical sound-making or reproducing device, instrument or machine, which unreasonably loud or raucous noise disturbs the comfort, quiet or repose of persons in the vicinity. Sec. 7. Permit Necessary for Loudspeakers and Similar Devices. No person shall use or operate, or cause or allow 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 other sound or noise, or any other sound-making or sound-reproducing devices, without a written permit from the City of Edina. Application for such permit shall be made to the City Clerk on forms to be provided by the City. shall require,. among other information, .the hours and location of the proposed ' person upon request. amended to read as follows: Such penalty may be imposed in addition to any follows : I The application 9/10/84 use. other applicable ordinances of the City, the permit shall be granted. fee for such permit is as set forth in Ordinance No. 171. Sec. 8. Participants as Violators. Any person on the premises or at the place from which any noise emanates which violates the provisions of this ordinance, and who is participating in the activity for which or from which the noise is being made, shall be deemed to be making, or allowing to be made, the noise in violation of this ordinance. Sec. 6. This ordinance shall be in full force and effect immediately upon its If the proposed use complies with the provisions of this ordinance and The passage and publication. Motion for adoption of the-ordinance was seconded by Member Schmidt. Rollcall : Ayes: Richards, Schmidt, Turner, Courtney Ordinance adopted. ATTEST : I; 2&%-6LJ,- City Clerk CLAIMS PAID. of the following claims as per Prz-List dated 9/10/84: Park Fund $10,558.81, Art Center $428.11, Swimming Pool Fund $5,213.25, Golf $30.00, Waterwork Fund $23,878.49, Sewer Rental Fund $1,643.36, Liquor Dispensary Fund $2,596.75, Construction Fund $2,640.61,'-IMp Bond Redemption f2 Motion of Member Schmidt was seconded by Member Turner for payment General Fund $134,871.97, 4 (r) ' Course Fund $9,064.75, Recreation Center Fund $3,383.57, Gun Range Fund ! 7 a a $7.00, Total .$194,316.66. Ayes: Richards, Schmidt, Turner, Courtney Motion carried. There being no further business, Mayor Courtney declared the meeting adjourned at 9:15 p.m. - City Clerk