HomeMy WebLinkAbout19850819_regular228 MINUTES
OF THE REGULAR IIEETING OF THE
EDINA CITY COUNCIL HELD AT CITY HALL
AUGUST 19, 1985
Answering rollcall were Members Bredesen, Kelly, Richards, Turner and Mayor
Courtney.
EMPLOYEE NEIL JAHR COMMENDED. Mr. Rosland introduced Neil Jahr advising that he
has worked for the City since February of 1982 at the York Avenue Liquor Store
and is responsible for stocking of all liquor items. Mr. Jahr was commended for
his very professional manner in working with customers. Mr. Rosland presented
him with a silver pen bearing the Edina Logo. The Council extended their thanks
and appreciation to Mr. Jahr.
MINUTES of the Regular Meeting of July 15, 1985 and Special Meetings of July 22,
1985 were approved as submitted by motion of Member Kelly, seconded by Member
Turner.
I
Ayes: Bredesen, Kelly, Richards, Turner, Courtney
Motion carried.
AWARD OF BIDS - $12,000,000 GENERAL OBLIGATION TAX INCREMENT BONDS, SERIES 1985;
$1,200,000 GENERAL OBLIGATION GOLF COURSE BONDS, SERIES 1985. The City Clerk
presented affidavits showing publication of the Notice of Sale of $12,000,000
General Obligation Tax Increment Bonds, Series 1985 and $1,200,000 General Obli-
gation Golf Course Bonds, Series 1985, of the City in The Edina Sun-Current, the
official newspaper of the City, and in Commercial West, as required by law and
as directed by a resolution of the City.Counci1 adopted July 15, 1985.
affidavits were examined, found to comply with the provisions of Minnesota
Statutes, Chapter 475 and directed to be filed in the office of the City Clerk.
It was reported that two sealed bids had been received by the City prior to-
7:OO P.M., Central Daylight Time for the purchase of the Bonds in accordance
opened, read and tabulated, and the terms of each have been determined to be as
follows :
The
’ with the Notice of Sale and Terms and Conditions of Sale. The bids have been
Bid For Interest Total Interest Cost
Name of Bidder Principal Rates -Net Average Rax
First National Bank $12,982,200 1988-6.25% $16,347,975 - 8.789%
of Einneapolis 1989-6.50
1990-6.75
1991-7.10
1992-7.30
1993-7.60
1994-7.80
1995-8 .OO
1996-8.10
1997-8.25
1998-8.40
1999-8.60
2000-8.70
2001-8.80
2002-8.90
2003-8.90
2004-9.00
2005-9.00
2006-9.00 .
The First National Bank $12,970,320 1988-6.25% $16,788,963.33 - 9.026324%
of Chicago 1989-6.75
1990-7.00
1991-7.30
1992-7.50
1993-7.70
1994-7.90
1995-8.10
1996-8.30
1997-8 - 50
1998-8.70
1999-8.80
2000-8.90 .
2001-9.00
2002-9.10
2003-9.20
2004-9.25
2005-9.25
2006-9.25
81191 85
229
Member Turner introduced the following resolution and moved its adoption:
RESOLUTION RELATING TO $12,000,000 GENERAL
OBLIGATION TAX INCREMENT BONDS, SERIES 1985
AND $1,2OO,OOO'GENERAL OBLIGATION GOLF COURSE BONDS,
SERIES 1985; AWARDING THE SALE THEREOF
BE IT RESOLVED by the City Council of the City of Edina, Minnesota (the City),
as follows:
1. This Council by a resolution adopted on July 15, 1985, authorized and deter-
mined to issue $12,000,000 General Obligation Tax Increment Bonds, Series 1985
and $1,200,000 General Obligation Golf Course Bonds, Series 1985 of the City
(together, the Bonds) and ordered that a public sale of the Bonds be held on
this date. Notice of the public sale of the Bonds was duly given as required by
Ninnesota Statutes, Section 475.60. In accordance with the Terms and Conditions
of Sale, two (2) sealed bids were received by the City prior to 7:OO o'clock P.M.
on this date.
and the terms of each have now been determined.
2.
and &sociates (the Purchaser), for the purchase of the Bonds on the terms set
forth in the Terms and Conditions of Sale, at a price of $16,347,975 plus accrued
interest from the date of the Bonds to the date of delivery thereof, the Bonds
to bear interest at specified rates resulting in a net interest cost (determined
by the addition of any discount to and the deduction of any premium from the total
interest on all Bonds from their date to their stated maturity) of $16,347,975,
which is the lowest net interest cost of all bids received pursuant to the Notice
of Sale and the Terms and Conditions-of Sale and is therefore declared to be the
best bid received, and is hereby accepted.
hereby authorized and directed to execute a contract for the sale of the Bonds to
the Purchaser in accordance with the terms of said bid, the Terms and Conditions
of Sale and this resolution.
3.
to the Terms and Conditions of Sale, and shall return the good faith checks of
the unsuccessful bidders forthwith.
4.
and its distribution to prospective bidders for the Bond ratified.
Manager is authorized, in behalf of the City, to sign and deliver to the Purchaser
Those bids have been opened, read and considered by this Council
The bid of First National Bank of Minneapolis, of Minneapolis, Minnesota,
The Mayor and the City Manager are
The 'City Manager shall retain the good faith check of the Purchaser, pursuant
The Official Statement relating to the Bonds, prepared by the City, is approved,
The City
a certificate as to the accuracy and completenes
ATTEST :
City Clerk
The motion for the adoption of the foregoing resolution was duly seconded by
Member Richards, and upon vote being taken thereon, the following voted in favor
thereof :
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted and was signed
by the Mayor and attested by the City Clerk.
Bredesen, Kelly, Richards, Turner, Courtney
None
Member Turner then introduced the following resolution and moved its adoption:
TAX INCREMENT BONDS, SERIES 1985;
RESOLUTION RELATING TO $12,000,000 GENERAL OBLIGATION
FIXING THE FORM AND DETAILS, PROVIDING FOR THE EXECUTION
AND DELIVERY THEREOF AND THE SECURITY THEREFOR
BE IT RESOLVED by the City Council of the City of Edina, Minnesota '(the City),
as follows:
Section 1. Authorization and Sale.
1.01. Authorization. Pursuant to the provisions of Minnesota Statutes,
Sections 273.77(a) and 462.581 and Minnesota Statutes, Chapter 475, the City
Council of the City has authorized the issuance and sale of its General Obliga-
tion Tax Increment Bonds, Series 1985 (the Bonds) in the principal amount of
$12,000,000 for the purpose of providing funds for the payment of the public
undertaken in accordance with the Southeast Edina Redevelopment Plan, previously
established by the Housing and Redevelopment Authority in and for the City of
of the Bonds represents interest as provided in Minnesota Statutes, Section
475.56.
to pledge and appropriate tax increments resulting from redevelopment of a
project area, designated as the Southeast Edina Project Area (the Project Area),
as certified by the County Auditor of Hennepin County from year to year, pursuant
to Minnesota Statutes, Section 462.585, Subdivision 4.
- redevelopment costs needed for a redevelopment project (the Project), to be
. Edina (the Authority) and approved by the City. $231,818 of the principal amount
For the payment of the Bonds the Authority has agreed to segregate and
1.02. Outstanding Bonds. The City has previously issued its General Obligation
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230
Tax Increment Bonds, dated October 1, 1981 in the principal amount of $4,500,000
(the 1981 Bonds) pursuant to a resolution duly adopted on October 5, 1981 (the
Bond Resolution). The 1981 Bonds are general obligations of the City payable
primarily from tax increments derived from the Project Area and are issued
pursuant to the provisions of Minnesota Statutes, Section 273.77.
Section 4.04 of the Bond Resolution the City reserved the right to issue ad-
ditional bonds payable from the 1981 General Obligation Tax Increment Bond Fund
(the Bond Fund) established pursuant to Section 4.02 of the Bond Resolution to
finance costs of the project to be undertaken by the City within the Project
Area pursuant to the Plan.
Pursuant to
1.03. Project Costs. The cost of the Project is estimated to be as follows:
Construction $ 9,839,928
Capitalized Interest 1,952,072
Cost of Issuance 10 , 000
Bond Discount 198 , 000
$12,000,000
1.04. Sale. This Council, by resolution adopted on August 19, 1985,accepted
the bid of the First National Bank of Minneapolis, of Minneapolis, Minnesota
(the Purchaser), to purchase the Bonds at a price of $11,802,118 plus accrued
interest from the date of the Bonds to the date of delivery thereof, the Bonds
to bear interest from September 1, 1985 until paid at the rates specified by the
Purchaser and upon the further terms and conditions set forth in the Terms and
Conditions of Sale.
the Constitution and laws of the State of Minnesota to be done, to exist, to
happen and to be performed prior to the issuance of the Bonds having been done,
existing, and having happened, it is now necessary for this Council to establish
the form and terms of the Bonds, to provide for the security thereof, and to
issue the Bonds forthwith.
-3 , - Section 2. Form of Bonds.
2.01. Form of Bonds.
1.05. Issuance of Bonds. All acts, conditions and things which are required by
The Bonds shall be prepared in'substantially the folloying
f om:
[Face of the Bond1
UNITED STATES OF AMERICA
STATE OF MINNESOTA
COUNTY OF -PIN
CITY OF EDINA
GENEFUG OBLIGATION TAX INCRFMENT BOND, SERIES 1985
Date of
Maturity Oriqinal Issue cus IP
September 1, 1985 SEE REVERSE FOR CERTAIN DEFINITIONS
REGISTERED OWNER:
PRINCIPAL AMOUNT: DOLLARS
City), acknowledges itself.to be indebted and, for value
received, hereby promises to pay to the registered owner above
named, the principal amount indicated above, on the maturity date specified above, with interest thereon from the date hereof at the annual rate specified above, payable on January 1 and July 1 in each year, commencing January 1, 1986, 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, all subject to the provisions referred to herein with respect to the redemption of the principal of this Bond before maturity.
and, upon presentation and surrender hereof, the principal hereof, are payable in lawful money of the United States of America by check or draft of First Trust Company of Saint Paul,
in St. Paul, Minnesota, as Bond Registrar, Transfer Agent and Paying Agent (the Bond Registrar), or its successor designated under the Resolution described herein.
THE CITY OF EDINA, Hennepin County, Minnesota (the
The interest hereon
Additional provisions of this Bond are contained on
the reverse hereof and such provisions shall for all purposes
have the same effect as though fully set forth hereon.
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.
This Bond shall not be valid or become obligatory €or
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231
9
IN WITNESS WHEREOF, the City of Edina, Hennepin
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 and has caused this Bond to be dated
as of the date set forth below.
Dated:
(Facsimile Signature)
City xanager (Facsimile Signature) Mayor
(Facsimile Seal)
CERTIFICATE OF AUTHENTICATION
This is one of the Bonds delivered pursuant to the
Resolution mentioned within.
FIRST TRUST CO?lPANY OF SAINT PAUL
BY Authorized Representative
[Reverse of the Bonds]
This Bond is one of an issue in the aggregate principal amount of $12;000,000 (the Bonds), issued pursuant to a resolution adopted on August 19, 1985 (the Resolution) for the purpose of providing moneys in aid of a redevelopment
project to be undertaken in accordance with the Southeast Edina
Redevelopment Plan, in anticipation of the collection of tax
increment resulting from the redevelopment of the Project Area,
as certified annually by the County Auditor of Hennepin County, pursuant to Minnesota Statutes, Section 462.585, Subdivision 4; and is issued pursuant to and in full conformity with the provisions of the Constitution and laws of the State of Minnesota thereunto enabling, including Minnesota Statutes, Section 462.581, Section 462.585 Section 273.77(a) and Chapter
475. This Bond is payable primarily from a portion of the
moneys in the "1981 General Obligation Tax Increment Bond Fund"
(the Bond Fund) of the City, but the City is required by law to
pay maturing principal hereof and interest hereon from any available funds of the City if moneys on hand in the Bond
Fund pledged to the payment of the Bonds are insufficient therefor. The Bonds are issuable only as fully registered bonds, in denominations of $5,000 or any multiple thereof, of
single maturities.
payable on their respective stated maturity dates without option of prior payment, but Bonds having stated maturity dates in the years 1997 through 2006 are each subject to redemption and prepayment, at the option of the City and in whole or in part, and if in part in inverse order of maturities and by lot,
assigned in proportion to their principal amount, within any
maturity, on January 1, 1996 and on any interest payment date
thereafter, at a price equal to the principal amount thereof to
be redeemed plus interest accrued to the date of redemption. At least thirty days prior to the date set for redemption of any Bond, notice of the call for redemption will be published
in a daily or weekly periodical, published in a Minnesota city of the first class or its metropolitan area, which circulates throughout the state and furnishes financial news as a part of
its service, and will be mailed to the Bond Registrar and to the registered owner of each Bond to be redeemed at his address appearing in the Bond Register, but no defect in'or failure to . give such mailed notice of redemption shall affect the validity
of proceedings for the redemption of any Bond. redemption of any Bond, a new Bond or Bonds will be delivered
to the registered owner without charge, representing the remaining principal amount outstanding.
As provided in the Resolution apd 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.
Bonds maturing in the years 1989 through 1996 are
Upon partial
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232
IT IS HEREBY CERTIFIED, RECITED, COVENANTED AND AGREED
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 general obligation of the City according to its terms have been done, do exist, have happened and have been performed in regular and due form, time and manner; that all taxable
property within the City is subject to the levy of a direct,
annual, ad valorem tax, which the City covenants it Will levy and which is required to be extended, assessed and collected
for the years and in such amounts as may be required to pay the
principal of and interest on the Bonds of this issue when due,
which levy is not limited as to rate or amount; and that the issuance of this Bond did not cause the indebtedness of the
City to exceed any 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 COM - as tenants UNIF GIFT MIN ACT.....Custodian..... ..
TEN ENT - as tenants
in common (Cust) (Minor)
by the entireties
JT TEN -- as joint tenants with right of survivorship and
not as tenants in common
under Uniform Gifts to
Act......................
Minors
(St ate)
Additional abbreviations may also be used.
ASSIGNMENT
FOR VALUE RECEIVED, the undersiqned hereby sells, - - 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: I
PLEASE INSERT SOCIAL SECURITY OR OTHER IDENTIFYING NUMBER NOTICE: The signature to this
!
OF ASSIGNEE: assignment must-correspond with the name as it appears upon the
face of the within Bond in every
/ / particular, without alteration or any change whatsoever.
i
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 certificate in substantially the following form
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 witbin Bond, dated as of the date of delivery of and payment for the
Bonds. I (Facsimile signature) (Facsimile signature)
Mayor City Manager
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 Obliaation
Y Tax Increment Bonds, Series 1985" and shall be payable primarily from the Bond
Fund created in Section 4.02 hereof. The Bonds shall be issuable in the denomi-
nation 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 date of issue until paid or duly called for
redemption at the rates per annum shown opposite such years and amounts as follows:
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233
m a
Year
1989
1990
1991
1992
1993
1994
1995
1996
1997
Amount
$ 150,000
150,000
150,000
150 , 000
200 , 000
200,000
400,000
900,000
900 , 000
Rate
6.50%
6.75
7.10
7.30
7.60
7.80
8.00
8.10
8.25
Year
1998
1999
2000
2001
2002
2003
2004
2005
2006
Amount
$ 900,000
900,000
900 , 000
1,000,000
1 , 000,000
1,000,000
1,000,000
1,050 , a00
1,050,000
Rate
8.40%
8.60
8.70
8.80
8.90
8.90
9.00
9.00
9.00
The Bonds shall be issuable only in fully registered form. 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.
3.02. Dates; Interest Payment Dates. Each Bond shall be dated as of the last
interest payment date preceding the date of authentication to which interest on
' the Bond has been paid- or made-available for payment, unless (i) the date of
authentication is an interest payment date to which interest has been paid or
made available for payment, in which case such Bond shall be dated as of the date
of authentication, or (ii) the date of authentication is prior to January 1, 1986
in which case such Bond shall be dated as of September 1, 1985. The interest on
the Bonds shall be payable on January 1 and July 1 in each year, commencing
January 1, 1986, 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.
3.03. Registration. The City shall appoint, and shall maintain, a bond
registrar, transfer agent and paying agent (the Registrar). The effect of
registration and the rights and duties of the City and the Registrar with respect
thereto shall be as follows:
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.
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 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 transferees, 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
preceeding each interest payment date and until such interest payment date.
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..duly authorized in writing.
be promptly cancelled by the Registrar and thereafter disposed of as directed by
the City.
When any Bond is presented to the
Registrar for transfer, the Regismar may refuse to transfer the same until it
is satisfied that the endoresement on such Bond or separate instrument of transfer
is legally authorized. The Registrar shall incur no liability for its refusal,
in good faith, to make transfers which it, in its judgment, deems improper or
unauthorized.
in 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 registered 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.
(a) Register. The Registrar shall keep at its principal corporate trust:
(b) Transfer of Bonds. Upon surrender for transfer of any Bond duly endorsed
I
(c) Exchange of Bonds. Whenever any Bond is surrendered by the registered
(d) CanCelbtfan. A11 Bonds surrendered upon any transfer or exchange shall *
(e) Improper or Unauthorized Transfer.
(f) Persons Deemed Owners. The City and the Registrar may treat the person
(g) Taxes, Fees and Charges. For every transfer or exchange of Bonds, the
- 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.
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 substitu-
tion 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
(h) Mutilated, Lost, Stolen or Destroyed Bonds. In case any Bond shall
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8/19/85
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 ownership thereof, and upon furnishing to the Registrar of an appropriate bond
or indemnity in form, substance and amount satisfactory to it, in which both the
City and the Registrar shall be named as obligees. All Bonds so surrendered to the
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.
Company of Saint Paul, as the initial Registrar.
authorized to execute and deliver, on behalf of the City, a contract with First
Trust Company of Saint Paul, as Registrar. Upon merger or consolidation of the
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
authorized to act as successor Registrar.
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.
interest due date, without further order of this Council, the City Manager shall
transmit to the Registrar from the Bond Fund described in Section 4.02 hereof,
moneys sufficient for the payment of all principal and interest then due.
3.05. Redemption. (a) Bonds maturing in the years 1989 through 1996 shall not be
subject to redemption prior to maturity, but Bonds maturing in the years 1997 through
2006 shall each be subject to redemption and prepayment, at the option of the City,
in whole or in part, and if in part, in inverse order of maturities and, within any
maturity, in $5,000 principal amounts selected by the Registar by lot, on January 1,
1996 and on any interest payment date thereafter at a price equal to the principal
amount thereof to be redeemed plus interest accrued to the date of redemption. At
least thirty days prior to the date set for redemption of any Bond, the City Manager
shall cause notice of the call for redemptionto be published in a daily or weekly
periodical published in a Minnesota city of the first class or its metropolitan area,
which circulates throughout the state and fcrnishes financial news as a part of its
service, and to be mailed to the Registrar and to the registered owner of each Bond
to be redeemed, but no defect in or failure to give such mailed notice of redemption
shall affect the validity of proceedings for the redemption of any Bond not affected
by such defect or failure..
of the City Manager and the City Finance Director-Treasurer and shall be executed on
behalf of the City by the signatures 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, engraved, or lithographed facsimiles thereof. In
case any officer xqhose 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 or benefit under this resolution unless and until a certificate of
authentication on such Bond has been duly executed by the manual signature of an
authorized representative of the Registrar.
different Bonds need not be signed by the same representative.
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 Manager to
the purchaser thereof 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.
3.04. Appointment of Initial Registrar. The City hereby appoints First Trust
The Mayor and the City Manager are
The City agrees to pay the reasonable
The City reserves ,
On or before each principal or
-
I
3.06. Preparation and Delivery. The Bonds shall be prepared under the direction
Certificates of authentication on
The executed
I Section 4, Security Provisions.
4.01. Construction Fund. A construction Fund is hereby created, as a special fund
and designated on the books of the City as the "Southeast Edina Redevelopment Area
Construction Fund" (the Construction Fund), to be held and administered by the City
Finance Director-Treasurer separate andapart from all other funds of the City. The
City hereby appropriates to the Construction Fund all of the proceeds received from
the sale of the Bonds, less the amount to be deposited in the Bond Fund, as herein-
after defined, pursuant to Section 4.02 hereof. Moneys on hand in the Construction
Fund from time to time shall be used solely to pay public redevelopment costs in
connection with the Project as set forth in the Plan, as amended.
remaining in the Construction Fund upon completion of the Project and payment of all
of the costs thereof shall be transferred to the Bond Fund.
the Bond Fund. So long as any of the 1981 Bonds, the Bonds, or any additional bonds issued pursuant to Section 4.04 of the Bond Resolution and made payable from the
Bond Fund, are outstanding and any principal thereof or interest thereon unpaid, the
Any amounts
4.02. Bond Fund, The principal and interest on the Bonds sfiall be payable from
8 119 185
235
City Finance Director-Treasurer s..a lmaintain the Bond Fund as a separate and
special account to be used for the payment of the principal of, premium, if
any, and interest on the 1981 Bonds, the Bonds and any additional bonds issued
pursuant to Section 4.07 of the Bond Resolution and made payable from the Bond
Fund. The City hereby irrevocably appropriates to the Bond Fund (a) $1,952,072
of the proceeds of the Bonds representing capitalized interest, (b) the accrued
interest and any amount in excess of $11,768,182 bid for the Bonds and received
from the Purchaser upon delivery of the Bonds, and (c) any other moneys
appropriated or pledged by the terms of this Resolution to the Bond Fund.
power of the City are hereby irrevocably pledged for the prompt and full payment
of the principal of and interest on the Bonds and on all other bonds made payable
from the Bond Fund, as such principal and 5-nterest become due,
that the tax increment revenue and other funds herein pledged for the payment of
the Bonds will be collected in amounts not less than five percent in excess of
the amounts needed to meet when due the principal of and interest on the 1981
Bonds, and the Bonds as required by Minnesota Statutes, Section 475.61. Con-
sequeqtly, no ad valorem taxes are now levied to pay the Bonds or the interest
to come due thereon, pursuant to Minnesota Statutes, Section 273.77(a).
the money on hand in the Bond Fund should at any time be insufficient to pay
principal and interest due on all bonds payable therefrom, such amounts may be
paid from any other fund of the City and such other fund shall be reimbursed
therefor when sufficient moneys are available in the Bond Fund.
in any year the sum of the balance in the Bond Fund plus the amount of tax
increment revenue collectible through.the end of the following calendar year is
not sufficient to pay when due all principal and interest to become due on all
bonds payable therefrom in the following calendar year, or the Bond Fund has
incurred a deficiency in the manner provided in this Section 4.03, a 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.
provided in this Section 5, all pledges, covenants and other rights granted by
this Resolution to the holders of the Bonds shall cease. The City may discharge
its obligations with respect to any Bonds which are due on any date by irrevocably
depositing with the paying agent 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 paying agent a sum sufficient
for the payment thereof in full with interest accrued to the date of such deposit.
The City may also at any time discharge its obligations with respect to any Bonds,
subject to the provisions of law now or hereafter authorizing and regulating
such action, by depositing irrevocably in escrow, with a bank qualified by law as
an escrow agent for this purpose, cash or securities which are general obligations
of the United States or securities of United States agencies which are authorized
by law to be so deposited, bearing interestpayable at such time and at such rates
and maturing on such dates as shall be required, without reinvestment, to pay all
principal and interest to become due thereon to maturity.
Moneys and Arbitrage.
a certified copy of this resolution with the County Auditor of Hennepin County,
together with such other information as he shall require, and to obtain from
said County Auditor a certificate thaz the Bonds have been entered on his bond
register as required by law.
Auditor of Hennepin County are hereby authorized and directed to prepare and
furnish to the Purchaser and to Dorsey & 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.
6.03.
time of the Bonds that it will not take or permit to be taken by any of its
officers, employees or agents any action which would cause the interest on the
Bonds to become subject to taxation under the Internal Revenue Code of 1954,
as amended (the Code), and the Treasury Regulations promulgated thereunder.
charged with the responsibility for issuing the Bonds pursuant to this resolution,
are authorized and directed to execute and deliver to the Purchaser a certificate
in accordance with the provisions of Section 103(c) of the Code, and Treasury
Regulations, Sections 1.103-13, 1.103-14 and 1.103-15, stating the facts, estimates
and circumstances in existence on the date of issue and delivery of the Bonds
which make it reasonable to expect that the proceeds of the Bonds will not be
4.03. Full Faith and Credit Pledged. The full faith and credit and taxing
It. is estimsted.
If
If on October 1
Section 5. Defeasance. When all of the Bonds have been discharged as
Section 6. Registration, Certification of Proceedings, Investment of
6.01. Registration. The City Clerk is hereby authorized and directed to file
6.02. Certification of Proceedings. The officers of the City and the County
Covenant. The City covenants and agrees with the holders from time to
6.04. Arbitrage. The Mayor and City Manager, being the officers of the City
81 19 I85
used in a manner that would cause the Bonds to be arbitrage bonds within the
meaning of the Code and Regulations.
City Clerk
The motion for the adoption of the foregoin resolution wa duly s conded by
Member Richards, and upon vote being taken thereon, the following voted in favor
thereof:
and the following voted against the same:
Bredesen, Kelly, Richards, Turner, Courtney
None
whereupon said resolution was declared duly passed and adopted, and was signed
by the Mayor, which signature was attested by the City Clerk.
Member Turner introduced the following resolution and moved its adoption: 9
RESOLUTION RELATING TO $1,200,000 GENERAL OBLIGATION
GOLF COURSE BONDS, SERIES 1985;
FIXING THE FORM AND DETAILS, PROVIDING FOR THE EXECUTION
AND DELIVERY THEREOF AND THE SECURITY TZIEREFOR
BE IT RESOLVED by the City Council of the City of Edina, Minnesota, as follows:
Section 1. Recitals.
1.01. Authorization. This Council by its resolution adopted July 15, 1985,
which resolution is entitled "Resolution Relating to $12,000,000 General Obligation
Tax Increment Bonds, Series 1985 and $1,200,000 General Obligation Golf Course
Bonds, Series 1985 Authorizing the Issuance and Providing for the Public Sale
Thereof," pursuant to Minnesota Laws 1961, Chapter 655 (the Act), authorized the
issuance and sale of $1,200,000 General Obligation Golf Course Bonds, Series 1985
of the City (the Bonds), to be dated as of September I, 1985, in order to finance
the acquisition and betterment of certain improvements (the Improvements) to its
municipal recreation facilities.
represents interest as provided in Minnesota Statutes, Section 475.56. The
Improvements consist generally of an improvement to the Municipal Golf Center of
the City described in Section 4 of the Resolution adopted by this Council on
November 4, 1963, entitled "Resolution Establishing the Form and Terms and Covenants
Securing the Payment of $825,000 Golf Course Bonds of 1963" (Resolution of
November 4, 1963). The Bonds are to be payable primarily out of the net revenues
to be derived from the operation of the Municipal Golf Center and the Municipal
Liquor Dispensary established by Ordinance No. 131 (the Municipal Liquor Dispensary).
derived from the Municipal Golf Center and the Municipal Liquor Dispensary the
Municipal Golf Course Bonds of the City, dated as of December I, 1963 (the Golf
Course Bonds), authorized by the Resolution of November 4, 1963, and the Municipal
Liquor Dispensary the Recreation Center Bonds, Series D of the City, dated as of
November 1, 1978 (the Recreation Center Bonds, Series D) authorized by the resolution
adopted by this Council on November 6, 1978, entitled "Resolution Authorizing
the Issuance of $370,000 Recreation Center Bonds, Series D, Prescribing Their Form
and Details and Covenants with Respect Thereto" (Resolution of November 6, 1978).
The Golf Course Bonds and the Recreation Center Bonds, Series D are hereinafter
referred to in the aggregate as the Outstanding Bonds. The Bonds shall be subordinate
to the first lien and charge thereon, including a reserve, of the Golf Course Bonds
on the net revenues of the Municipal Golf Center and to the second lien and charge
thereon, including a reserve, of the Recreation Center Bonds, Series D on the net
revenues of the Municipal Golf Course.
revenues of the Municipal Liquor Dispensary on a parity with the Outstanding Bonds,
as to both principal and interest.
1.03. Findings. It is hereby found, determined and declared that net revenues
derived from the operation of the Municipal Golf Center and the Municipal Liquor
Dispensary, in excess of the costs of operation and maintenance thereof in the
fiscal year which ended December 31, 1984, were in excess of $355,886, which amount
exceeds the maximum amount of principal and interest to become due in any future
fiscal year on all of the Outstanding Bonds and on the Bonds herein authorized.
By Section 4.02 hereof the sum of $145,445 from the net revenues derived from the
operation of the Municipal Golf Center is appropriated and credited to the Bond
Account, created pursuant to Section 4.02 hereof, which amount exceeds the average
annual amount of principal and interest to become due on the Bonds.
therefore authorized by the Act to secure the Bonds by the covenants and agreements
hereinafter set forth.
resolution of this Council.
Constitution and laws of the State of Minnesota to be done, to exist, to happen and
$23,182 of the principal amount of the Bonds
1.02. Outstanding Bonds. There is currently payable out of net revenues to be
The Bonds shall be payable from the net
I
The City is
In accordance with the Act the Bonds may be issued by
All acts, conditions and things required by the
8/19/85
237 to be performed preliminary to the issuance of and sale of the Bonds to provide
moneys to pay for the Improvements have been done, do exist, have happened and
have been performed in due form, time and manner as so required.
1.04. Sale. Pursuant to a resolution adopted July 15, 1985, this Council
determined to issue and sell $1,200,000 principal amount of General Obligation
Golf Course Bonds, Series 1985, of the City (the Bonds) to defray the expense
incurred and estimated to be incurred by the City in making the Improvements,
including every item of cost of the kinds authorized in Minnesota Statutes,
Section 475.65, and $23,182 representing interest as provided in Minnesota
Statutes, Section 475.56. A public sale of the Bonds was held on August 19, 1985
and this Council, by resolution adopted on that date, accepted the bid of First
National Bank aS Minneapolis, of Minneapolis, Minnesota (.the Purchaser), to
purchase the Bonds at a price of $1,180,082 plus accrued interest from the date
of the Bonds to the. date of deli-mry thereof, the Bonds to bear interest from.
September 1, 1985 until paid at the rates specified by the Purchaser and upon the
further terms and conditions set forth in the Terms and Conditions of Sale.
Constitution and laws of the State of Minnesota to be done, to exist, to happen
and,to be performed prior to the issuance of the Bonds have been done, do exist,
have happened, and have been performed, wherefore it is now necessary for this
Council to establish the form and terms of the Bonds, to provide for the security
thereof, and to issue the Bonds forthwith.
1.06. Maturities. This Council finds and determines that the maturities of
the Bonds, as set forth in Section 3.01 hereof, are warranted by the anticipated
collection of the assessments and ad valorem taxes to be levied for the cost of
the Improvements.
1.05. Issuance of Bonds. All acts, cond5tions and things required by the
Section 2. Form'of Bonds.
2.01. Form of Bonds. The Bonds 'shall be prepared in substantially the
following form:
[Face of Bonds1
UNITED STATES OF AMERICA STATE OF MINNESOTA
COUNTY OF HENNEPIN
CITY OF EDINA
REGISTERED OWNER :
PRINCIPAL
' AMOUNT:
GENERAL OBLIGATION
GOLF COURSE BOND, SERIES 1985
Date of Maturity - Oriqinal Issue CUSIP
September 1, 1985 SEE REVERSE
FOR CERTAIN
DEFINITIONS
DOLLARS
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 above named, the principal amount indicated above, on the maturity date specified above, with interest thereon from the date
hereof at the annual rate specified above, payable on January 1
and July 1 in each year, commencing January 1, 1986, 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, all subject to the provisions
referred to herein with respect to the redemption of the
principal of this Bond before maturity.
and, upon presentation and surrender hereof, the principal
hereof, are,payable in lawful money of the United States of
America by check or draft of First Trust Company of Saint Paul
in St. Paul, Minnesota, as Bond Registrar, Transfer Agent and Paying Agent (the Bond Registrar), or its successor designated under the Resolution described herein.
The interest hereon
Additional provisions of this Bond are contained on
the reverse hereof and such provisions shall for all purposes
have the same effect as though fully set forth hereon.
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. !
238
8/19/85
IN WITNESS WHEREOF, the City of Edina, Hennepin
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 and has caused this Bond to be dated
as of the date set forth below.
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 TRUST COMPANY OF
SAINT PAUL
i BY Authorized Representative
I
[Reverse of the Bonds1 . i
This Bond is one of an issue in the aggregate principal amount of $1,200;000 (the Bonds), ail1 of like dats and tenor except as to serial number, maturity date and
interest rate, issued to finance the acquisition and betterment
of recreational facilities of the City, 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 Laws 1961, Chapter 655, and
Minnesota Statutes, chapter 475. This Bond is payable primarily from Bond Account (Series 1985) (the Account) of the
Golf Course Fund of the City, but the City Council is required by law to pay maturing principal hereof and interest thereon
out of any funds in the treasury if moneys on hand in the
Account are insufficient therefor.
as fully registered bonds, in denominations of $5,000 or any
integral multiple thereof, of single maturities.
The Bonds are issuable only
Bonds maturing in the years 1988 through 1996 are
payable on their respective stated maturity dates without
option of prior payment, but Bonds having stated maturity dates
in the years 1997 through 2000 are each subject to redemption and prepayment, at the option of the City and in whole or in
part and if in part, in inverse order of maturities and by lot, assigned in proportion to their principal amount, within any
maturity, on January 1, 1996 and on any interest payment date
thereafter, at a price equal to the principal amount thereof to
be redeemed plus interest accrued to the date of redemption.
At least thirty days prior to the date set for redemption of any Bond, notice of the call for redemption will be published
in a daily or weekly periodical, published in a Minnesota city of the first class or its metropolitan area, which circulates
throughout the state and furnishes financial news as a part of
its service, and will be mailed to the Bond Registrar and to the registered owner of each Bond to be redeemed at his address
appearing in the Bond Register, but no defect in or failure to
give such mailed notice of redemption shall affect the validity of proceedings for the redemption of any Bond. redemption of any Bond, a new Bond or Bonds will be delivered
to the registered owner without charge, representing the remaining principal amount outstanding.
Upon partial
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 Xegistrar, duly executed by the registered owner or his attorney; and may also be surrendered in exchange for Bonds of other authorized denominations. 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.
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.
Upon such transfer or
The City and the Bond Registrar may deem and treat the
8/19/85
239
IT IS HEREBY CERTIFIED, RECITED, COVENANTED AND AGREED
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
general obligation of the City according to its terms have been
done, do exist, have happened and have been performed as so required; that the City has pledged and appropriated to the
Account so much of the net revenues to be derived from the operation of the municipal golf center and of the municipal liquor dispensary as shall be required to pay the principal hereof and interest thereon when due, provided that if such revenues should at any time prove insufficient for these
purposes the City is required to levy ad valorem taxes upon all
taxable property within its corporate limits, without Limitstion 2s to rate or amount, for the payment of the Bonds
and interest thereon when due; and that the issuance of this
Bond does not cause the indebtedness of the City to Exceed any constitutional or statutory limitation.
rl 0
m a
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 COM - as tenants UNIF GIFT MIN ACT.....Custodian..... in common (Cust) (Minor)
by the entireties
JT TEN -- as joint tenants
with right of
survivorship and .not as tenants in
common
Additional abbreviations may also be used.
TEN ENT -- as tenants
under Uniform Gifts to Minors
Act.........'...... . . . . . . (State)
ASSIGNMENT
FOR VALUE RECEIVED, the undersigned hereby sells,
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 SECURKY
OR OTHER IDENTIFYING NUMBER NOTICE: The signature to this
OF ASSIGNEE: assignment must correspond with the name as it appears upon the face of the within Bond in every / / particular, without alteration
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..
2.03. Form of Certificate. A certificate in substantially the following
form shall appear on the reverse side of each Bond, following a copy of the text of the legal opinion of Bond Counsel:
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.
We certify that the above is a full, true and correct copy of the
(Facsimile signature)
City Manager
(Facsimile signature)
Mayor
Section 3. Bond Terms, Execution and Delivery.
I 3.01. Maturities, Interest Rates, Denominations, Payment. The City shall
forthwith issue and deliver the Bonds, which shall be denominated "General
Obligation Golf Course Bonds, Series 1985" and shall be payable primarily
. from the Bond Account created in Section 4.02 hereof. The Bonds shall be
issuable in the denomination of $5,000 each or any integral multiple thereof,
shall mature on January 1 in the years and qounts set forth below, and
Bonds maturing in such years and amounts shall bear interest from date of
issue until paid or duly called for redemption at the rates per annum shown
opposite such years and amounts as follows:
.8/19/85
Year Amount
1988 $ '50,000
1989 50,000
1990 50 , 000
1991 50,000
1992 50 , 000
.-
1993 100 , 000
1994 100 , 000
Rate Year Amount Rate
6.25% 1995 $ 100,000 8.00%
6.50 1996 100 , 000 8.10
6.75 1997 100 , 000 8.25
7.10 1998 150,000 8.40
7.30 1999 150 , 000 8.60
7.60 2000 150 , 000 8.70
7.80
The Bonds shall be issuable only in fully registered form. The interest thereon
and, upon surrender of each Bond, the principal amount thereof, shall be payable
bycheckor draft issued by the Registrar described herein.
3.02. Dates; Interest Payment Dates. Each Bond shall be dated as of the last
interest payment date preceding the date of authentication to which interest on
the Bond has been paid or made available for payment, unless (i) the date of
authentication is an interest payment date to which interest has been paid or made
available for payment, in which case such Bond shall be dated as of the date of
authentication, or (ii) the date of authentication is prior to January 1, 1986 in
which 8ase such Bond shall be dated as of September 1, 1985. The interest on the
Bonds shall be payable on January 1 and July 1 in each year, commencing January 1,
1986, 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.
3.03. 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 :
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.
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
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 .
transferees, 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.
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 duly authorized in writing.
All Bonds surrendered upon any transfer or exchange shall
be promptly cancelled by the Registrar and thereafter disposed of as directed by the
City.
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.
good faith, to make transfers which it, in its judgment, deems improper or un-
authorized.
in 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 registered
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, .. ... . .. ..-. ...
mutilated or be lost, stolen or destroyed, the Registrar shall deliver a new Bond
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 ownership
thereof, and upon furnishing to the Registrar of an appropriate bond or indemnity in
form, substance and amount satisfactory to it, in which both the City and the
Registrar shall be named as obligees.
I.
The effect of registration and the
(a) Register. The Registrar shall keep at its principal corporate trust
(b) Transfer of Bonds. Upon surrender for transfer of any Bond duly endorsed
I
(c) Exchange of Bonds. Whenever any Bond is surrendered by the registered owner
(d) Cancellation.
(e) Improper or Unauthorized Transfer. When any Bond is presented to the
The Registrar shall incur no liability for its refusal, in
(f)' Persons Deemed Owners. The City and the Registrar may treat the person
(g) Taxes, Fees and Charges. For every transfer or'exchange of'Bonds,- the I (h) Mutilated, Lost; Stolen or'Destroyed Bonds. In case any Bond shall become
-of like amount, number, maturity date and tenor'in exchange and substitution for
All Bonds so surrendered to the Registrar
8/19/85
241
Irt 0 00
c')
5 m
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.
3.04. Appointment of Initial Registrar. The City hereby appoints First
Trust Company of Saint Paul, as the initial Registrar. The Mayor and the -- City Manager are authorized-to execute and delivery on behalf of the City, a
contract with First Trust Company of Saint Paul, as Registrar. Upon merger
or consolidation of the 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 authorized to act as successor Registrar.
The City agrees to pay the reasonable and customary charges of the Registrar
~OT +he services performed.
upon thirty (30) days notice and upon the appointment 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.
without further order of this Council, the City Finance Director-Treasurer shall
transmit to the Registrar from the Bond Account (Series 1985) described in
Section 4.02 hereof, moneys sufficient for the payment of all principal and
interest then due.
be subject to redemption prior to maturity, but Bonds maturing in the years 1997
through 2000 shall each be subject to redemption and prepayment, at the option of
the City, in whole or in part, and if in part, in inverse order of maturities
and, within any maturity, in $5,000 principal amounts selected by the Registrar by
lot, on January 1, 1996 and on any interst payment date thereafter at a price
equal to the principal amount thereof to be redeemed plus interst accrued to
the date of redemption.
tion of any Bond, the City Manager shall cause notice of the call for redemption
to be published in a daily or weekly periodical published in a Minnesota city of
the first class or its metropolitan area, which circulates throughout the state
and furnishes financial news as a part of its service, and to be mailed to the
Registrar and to the registered owner of each Bond to be redeemed, but no defect
in or failure to give such mailed notice of redemption shall affect the validity
of proceedings for the redemption of any Bond not affected by such defect or
failure .
The Bonds shall be prepared under the direction
of the City Manager and the City Finance Director-Treasurer shall be executed on
The City reserves the right to remove any Registrar
On or before each principal or interest due date,
3.05. Redemption. Bonds maturing in the years 1988 through 1996 shall not
At least thirty days prior to the date set for redemp-
3.06. Preparation and Delivery.
behalf of the Ciiy by the signatures 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, engraved, 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.
obligatory for any purpose or entitled to any security or benefit under this
resolution unless and until a certificate of authentication on such Bond has been
duly executed by themanual signature of an authorized representative of the
Registrar.
by the same representative.
Bond shall be conclusive evidence that it has been authenticated and delivered
under this resolution.
they shall be delivered by the City Manager to the purchaser thereof 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.
Notwithstanding such execution, no Bond shall be valid or
Certificates of authentication on different Bonds need not be signed
The executed certificate of authentication on each
When the Bonds have been so executed and authenticated,
Section 4. Security Provisions.
Series 1985 Golf Course Construction Fund. There is hereby created
a special fund to be designated as the "Series 1985 Golf Course Construction
Fund" (hereinafter referred tG as the Construction Fund), to be held and
administered by the City Finance Director-Treasurer separate and apart from all
other funds of the City.
proceeds of the sale of the Bonds. The Construction Fund shall be used solely to
defray expenses of the Improvement. Upon completion and payment of all costs of
the Improvement, any balance of the proceeds of Bonds remaining in the Construction - Fund shall be credited and paid to the Bond Account, Series 1985.
and any principal of or interest thereon unpaid, the City Finance Director-
Treasurer shall maintain the Golf Course Fund and Operating Account therein in
accordance with the provisions of the Resolution of November 4, 1963.
the City Finance Director-Treasurer shall main.ta5n in the Golf Course Fund a
separate and special Bond Account (Series 1985) to be used for no other purpose
4.01.
The City appropriates to the Construction Fund the -
4.02. Bond Account (Series 1985). So long as any of the Bonds are outstanding
In addition,
8/19/85
242
other than the payment of the principal and interest on the Bonds and on such other
bonds of the City as have been or may be directed to be paid therefrom.
irrevocably appropriates to the Bond Account (Series 1985) (a) the sum of
$145,445 from the net revenues derived from the operation of the Municipal Golf
Center, which amount shall be credited forthwith to Bond Account (Series 1985)
and which amount exceeds the average annual amount of principal and interest to
become due on the Bonds and shall be used to pay interest on the Bonds to become
due in 1986 and such other principal and hterest to become due on the Bonds as
provided in Section 4.03 hereof; (b) the accrued interest and any amount in excess
of $1,176,818 bid for the Bonds and received from the Purchaser upon delivery of
the Bonds; (c) all such other moneys which are payable to Bond Account (Series 1985)
pursuant to Section 4.03 hereof; and (d) all such other moneys as shall be received
and appropriated to Bond Account (Series 1985) from time to time.
The City
I
4.03, Pledge of Net Revenues. -The Resolution of November 4, 1963 provided that - net revenues of the Municipal Golf Center.could be pledged to pay bonds issued to
finance iinprovements to the MunicZpal Golf Center if the pledge of such revenues is
expreszly made subordinate to the first lien on and pledge of said revenues for
the payment of principal and interest due and the maintenance of the reserve securing
the Golf Course Bonds.
of the Municipal Golf Center could bepledgedto pay bonds issued to finance
improvements to the Municipal Golf Center if the pledge of such revenues is expressly
made subordinate to the second lien and pledge of said revenues for the payment
of principal and interest due and. .the .maintenance of the reserve securing Recreation
Center Bonds, Series D.
pledged for the payment of the principal and interest on the herein authorized
Bonds, subject to the lien and charge thereon for the payment of principal and
interest due, and the maintenance of a reserve, for the Outstanding Bonds. The
resolutions authorizing the issuance of the Outstanding Bonds provided that net
revenues of the Municipal Liquor Dispensary could also be pledged for the payment
of additional bonds on a parity with the lien in favor of' the Outstanding Bonds,
if the net Nunicipal Liquor Dispensary revenues received in the fiscal year immedi-
ately preceding the issuance of such additional bonds shall have been at least 1-1/4
times the maximum amount of principal and interest to become due in any subsequent
fiscal year on the Outstanding Bonds and on the additional bonds.
found, determined and declared that the net Municipal Liquor Dispensary revenues
received in the fiscal year which ended December 31, 1984 were sufficient to
satisfy such condition, wherefore the herein authorized bonds may be made payable
from the net Municipal Liquor Dispensary revenues on a parity with the Outstanding
Bonds as to both principal and interest without preference or priority of one bond
over any other; except that if the net Municipal Liquor Dispensary revenues on hand
at any time are not sufficient, with other funds then on hand for the payment of
all such bonds, to pay in full the principal then due, the balance of net Municipal
Liquor Dispensary revenues then available shall be allocated to the Bond Account
(Series 1985) of the Golf Course Fund, to the Bond Account of the Golf Course Fund
established by the Resolution of November 4, 1963 for the payment of principal and
interest on the Golf Course Bonds Bond Account (Series D) established by the
Resolution of November 6, 1978 for the payment of the Recreation Center Bonds,
Series D in proportion to the principal amount of bonds of each issue then out-
standing.
Operating Account of the Golf Course Fund, there shall be transferred to the Bond
Account (Series 1985) each month beginning January 1, 1986 after all transfers and
credits required to be made to the Bond Account' of the Golf Course Fund for payment
of principal and interest of the Golf Course Bonds and the Bond Account (Series D)
of the Recreation Center Fund for payment of principal and interest on the
Recreation Center Bonds, Series D, a sum equal to not less than one-sixth of the
interest to become due on the next succeeding interest payment date plus one-twelfth
of the principal to become due on the next succeeding maturity date of the Bonds
plus out of any net revenues remaining after the above payments for principal and
interest into Bond Account (Series 1985) an amount equal to the amount of the net
revenues of the Municipal Liquor Dispensary deposited in Bond Account (Series 1985)
pursuant to Section 4,02 hereof which have previously been used for the payment of any
principal or interest on the Bonds, including interest paid on the Bonds during 1986,
and any advances from the net revenues on hand in the Municipal Liquor Dispensary
Tor the payment of principal and interest on the Bonds.
hand in the Operating Account of the Golf Course Fund in any month are not sufficient
t-o transfer to the Bond Account (Series 1985) the amounts required herein for the
payment of principal and interest on the Bonds and there is not then on hand in
Bond Account (Series 1985) sufficient moneys for payment of principal and interest
on the Bonds, the amount of the deficiency shall then be advanced from the net
revenues then on hand in the Municipal Liquor Dispensary fund. Any amounts trans-
ferred to Bond Account (Series 1985) in repayment of any amounts of the net revenues
of the Municipal Liquor Dispensary deposited in Bond Account (Series 1985) pursuant
to Section 4.02 hereof which were used for the payment of principal or interest on
the Bonds and any amounts transferred to Bond Account (Series 1985) in repayment
The Resolution of November 6, 1978, provided that net revenues
The net revenues of the Municipal Golf Center are hereby
It is hereby
From the net revenues of the Municipal Golf Center on hand in the
I
If the net revenues on
8/19/85
243
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m a
of any advances from the net revenues then on hand in the Municipal Liquor
Dispensary fund for the payment of principal and interest shall be transferred
to the Municipal Liquor Dispensary fund as they are received.
4.04. Additional Bonds. The City reserves the right to issue additional
bonds payable in whole or in part from the net revenues of the Municipal Golf
Center, to finance costs of an improvement thereto, for the acquisition,
betterment, operation or maintenance of other recreational facilities of the
City, or for any other purpose for which such revenues may be appropriated by the Council in accordance with law; provided, however, that no additional
obligations shall be issued to and made payable hom the-net revenues of the
Municipal Golf Center unless the pledge of such revenues for payment of such
additionalobligationsis expressly made subordinate to the lien and charge
thereon in favor of payment of principal and interest when due; and maintenance
of reserve balances required for the Outstanding Golf Course Bondsp the lien
and charge thereon in favor of payment of principal and interest when due on
the Recreation Center Bonds, Series D, and the lien and charge thereon in favor
of principal and interest when due on the Bonds. Nothing herein shall prevent
the future issuance of bonds payable in whole or in part from the net revenues
of the Municipal Liquor Dispensary, whether pursuant to the Act or any other
applicable law, provided that the pledge of the net Municipal Liquor Dispensary
revenues for the payment of such bonds is expressly made subordinate to the lien
on and pledge thereof for the payment of the principal and interest and the
maintenance of the agreed reserve securing such payments on the Outstanding
Bonds and the Bonds, unless the net*Municipal Liquor Dispensary revenues received
during the fiscal year immediately preceding such-issuance shall have been not
less than 1-1/4 times the maximum amount of principal and interest to become due
in any subsequent fiscal year on all outstanding bonds then payable from such
net revenues, including the additional bonds then proposed to be issued.
the event that the net revenues received in the fiscal year preceding any such
issuance have conformed to the condition prescribed in the preceding sentence,
the additional bonds so issued may be payable from the net Municipal Liquor
Dispensary revenues on a parity with the Outstanding Bonds and the Bonds as to
both principal and interest, without preference or priority of one bond over
any other, except that if net Municipal Liquor Dispensary revenues on hand at.
any time are not sufficient, with other funds then on hand for the payment of
all such bonds, to pay in full the principal and interest then due, the balance
of net liquor revenues then available shall be allocated to the Bond Account
of the Recreation Center Fund, the Bond Account (Series D) of the Recreation
Center Fund, the Bond Account of the Golf Course Fund and the Bond Account
(Series 1985) of the Recreation Center Fund and to the respective accounts
established for the payment of other bonds, in proportion to the principal
amount of bonds of each issue which are then outstanding.
4.05. Tax Levy. Pursuant to the Act, the full faith, credit and taxing .
powers of the City are also irrevocably pledged for the prompt and full payment
of the principal and.interest on the Bonds, as such principal and interest
respectively become due.
resolution are deemed to be sufficient to assure the payment of such principal
and interest.
at any time it appears that the net revenues of the Municipal Golf Center and
Municipal Liquor Dispensary which are pledged for the payment of the Bonds and
the net revenues of the Municipal Liquor Dispensary deposited in Bond Account
(Series 1985) pursuant to Section 4.02 hereof shall not be sufficient to pay
the principal and interest on the Bonds the City covenants and agrees that it
will levy a tax sufficient, with the net Municipal Liquor Dispensary revenues,
and net Municipal Golf Center revenues then on hand in Bond Account (Series
1985), to pay all such principal and interest, which tax shall be levied upon
all taxable property within the corporate limits of the City, without limitation
as to rate or amount.
Section 5. Defeasance. When all of the Bonds have been discharged
as provided in this section, all pledges, covenants and other rights granted
by this resolution to the holders of the Bonds shall cease.
charge its obligations with respect to any Bonds which are due on any date by
depositing with the paying agent on or before that date a sum sufficient for
the payment thereof in full; or, if any Bond should not be paid when due, it
may nevertheless be discharged by depositing with the paying agent a sum
sufficient for the payment thereof in full with interest accrued to the date of
such deposit.
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 an escrow agent for this purpose, cash or
securities which are generalobligationsof the United States or securities of
United States agencies which are authorized by law to be so deposited, bearing
interest payable at such time and at such rates and maturing on such dates as
In
The appropriations and covenants contained in this
If Accordingly, no tax is presently levied for this purpose.
The City may dis-
-
The City may also at any time discharge its obligations with
8/19/85
I
244
shall be required, without reinvestment, to pay all principal and interest to
become due thereon to maturity.
Moneys and Arbitrage.
The City Clerk is hereby authorized and directed to file
a certified copy of this resolution with the County Auditor of Hennepin County,
together with such other information as he shall require, and to obtain from the
County Auditor a certificate that the Bonds have been entered on his bond register
and that the tax required for the payment thereof has been levied and filed as
required by law.
Auditor of Hennepin County are hereby authorjzet! md dlrected to preyare 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.
time of the Bonds that it will not take or permit to be taken by any of its officers,
employees or agents any action which would cause the interest on the Bonds to
become subject to taxation under the Internal Revenue Code of 1954, as amended
(the Code), and Regulations promulgated thereunder.
Section 6. Registration, Certification of Proceedings, Investment of
6.01. Registration.
I 6.02. Certification of Proceedings. The officers of the City and the County
6.03. Covenant. The City covenants and agrees with the holders from time to
6.04. Investment of Moneys on Deposit in Bond Account (Series 1985). Unless
and until the regulations under Section 103 (c) of the Code which have been promul-
gated'by the Internal Revenue Service prior to* the date hereof have been mo.dified or
amended in pertinent part, the City Manager shall ascertain monthly the amount on
- deposit in the Bond Account (Series 1985). If the amount on deposit therein ever
exceeds by more than $180,000 the aggregate amount of principal and interest due
and payable from the Bond Account (Series 1985) within 12 months thereafter plus
a reasonable carryover amount not exceeding the greater of one year's earnings on
the Bond Account (Series 1985) or one-twelfth of the annual debt service payable
therefrom, such excess ohallnot be invested except at a yield less than or equal
to the yield on the Bonds, based upon their amount, maturities and interest rates
on their date of issue, computed by the actuarial method.
are ever issued and made payable from the Bond Acccount (Series 1985) pursuant to
Section 4.03 hereof, the dollar amount in the preceding sentence shall be changed
to equal fifteen percent (15%) of the aggregate original principal amount of all
bonds, including the Bonds, which are then outstanding and payable therefrom.
The City reserves the rights to amend the provisions of this Section 6.04 at any
time, whether prior to or after the delivery of the Bonds, if and to the extent that
this Council determines that the provisions of this Section 6.04 are not necessary
in order to assure that the Bonds are not arbitrage bonds under Section 103 (c)
of the Code and the applicable Regulations.
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 Treasury
Regulations, Sections 1.103-13, 1.103-14 and 1.103.15, stating the facts, estimates
and circumstances in existence on the date of issue and delivery of the Bonds
which indicate 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 said Code and
Regulations.
U If any additional bonds
6.05. Arbitrage.
ATTEST :
-24%U
City Clerk
The motion for the adoption of the foregoing resolution was duly seconded by Member
-Richards, and upon vote being taken thereon, the following voted in favor thereof:
and the following voted against the same: - None
whereupon said resolution was declared duly passed and adopted, and was signed by
the Mayor, which was attested by the City Clerk.
Bredesen, Kelly, Richards, Turner, Courtney
WOODDALE PARK IMPROVEMENT HEARING CONTINUED TO 9/9/85.
there have been a number of public meetings on the proposed Wooddale Park.
Nr. Rosland recalled that
On
March 18 the Council instructed staff to look at some alternatives and to discuss
with St. Stephens Episcopal Church their financial participation for proposed
8 119 1 85
245
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(3
5 rn
parking. On April 1, 1985, the Council took several actions, one of which was
to proceed with the initial park development after input from the neighborhood.
That input was obtained from a committee of neighborhood residents.
of August 5, 1985 the Council referred the proposed park plan to the Edina Park
Board for their recommendation, and also advised the Park Board of the comments
made by the neighborhood residents at the last Council Meeting. Mr. Rosland said
that the park plan under consideration is the plan approved conceptually by the
Council on April 1st. Robert Kojetin, Director of Parks and Recreation, reported
that at the Park Board meeting on August 13 the Board had suggested several
modifications: 1) enlargement of the tot lot to include two areas, one for children
under five years of age and one for children over 5 years; 2) some type of fence
along the West 50th Street side, and 3) a pathway along the east and south sides
of the park and possibly along the west and north sides that would have some type
of light fixtures similar to that in the Country Club District.
was the wall and the fence on top of the wall on the north side. It was felt
that the wall and fence should be replaced.
at t@e northwesterly and northeasterly corners.
with the possibility that it should be enlarged to accommodate a small skating
sheet of ice. It was pointed out that there would be no warming house facility,
just some type of shelter for changing skates. The present fence along Williams
Park would be taken down and the pathways extended into Williams.
not discussed at the Park Board meeting. Mr. Kojetin reported that the Park Board
made a motion that Plan E as presented be accepted with the enlarged playground
equipmentarea and that there be no more than 25 parking spaces in Wooddale Park.
The motion passed unanimously. Mr. Rosland then reported that staff has met with
St. Stephens Episcopal Church regarding their possible financial participation in
the proposed parking.
and 39 spaces in Utley Park that are used by the church.
42 parking spaces be constructed in Wooddale Park and that parking be increased to
52 spaces in Utley Park which the church' could use.
concept approved for construction of W. 50th Street west of Wooddale Avenue would
prohibit parking on either side. Mr. Rosland reported that St. Stephens Church is
willing to participate in the amount of $100,000 for construction of the parking;
$40,000 for each parking lot and $20,000 for landscaping and amenities in Wooddale
Park. Member Kelly asked if the Park Board had considered locating the parking in
Wooddale Park along W. 50th Street.
the parking be along Wooddale Avenue as recommended by the consultant. Mayor
Courtney stated that the Council has reviewed the petition submitted by residents
of the area requesting the Council to accept the recommendation of the Park Board.
He then called for comment from the public.
Episcopal Church were Jim Curry, 4817 Upper Terrace, Patrick Rile, 4506 Moorland Av.
and Hugh Wooldridge, 6021 Arbour Lane. Mr. Curry stated that St. Stephens is
48 years old and has 1,500 members of which at least 80% live in Edina.
reviewed the events leading to the Council's decision that the Wooddale School be
demolished and commented that the Council had recognized the church's parking
problem. He cited the Colonial Church parking on City property as precedent.
Mr. Curry advised that at both an open meeting of the congregation and a vestry
lmeeting there wereunanimous votes to participate financially in the amount of
$100,000 plus interest for construction of parking in Wooddale and Utley Parks.
Mr. Rile presented graphics showing the parking available to the church before
demolition of Wooddale School and the proposed parking and pointed out that if
only 25 spaces are constructed in Wooddale Park and no additional spaces in Utley,
the net loss would be 36 spaces. In addition no parking is proposed on W. 50th
Street when that is reconstructed. Mr. Wooldridge showed graphics illustrating
an average monthly attendance by outside groups of 7,000 and average monthly
attendance of parish groups at 3,000. He emphasized that more than half of the
church's use each month is for community acitivies and services. In summary
Mr. Curry stated that 1) the church has a traffic problem due to a parking problem,
2) the church is far more than a church and is used by thousands of Edina people,
and 3) the church recommends that the Council approve the BRW plan with 42 parking
spaces in Wooddale Park and 52 spaces in Utley Park, and 4) losing the 36 spaces
would definitely hurt St. Stephens and the thousands of people who use the building.
Speaking in support of the proposed parking was Paul Marx, 4621 E. Sunnyslope'Rd.
Charles Paulus, 4617 Moorland Av.; Mary Kluesner, 4409 Country Club Road; Jane
. 4901 Browndale Avenue; Art Heiman, 5020 Arden; Toni O'Rourke, 4600 Drexel Avenue;
At its meeting
Also discussed
There would be entrances to the park
The hard surface area was discussed
Utley Park was
He noted that presently there are 88 spaces in Wooddale Park
It is proposed that
It was pointed out that the
Mr. Kojetin said they had and recommended that
Appearing on behalf of St. Stephens
He then
.
- Speaking in opposition to the proposed parking were: Mrs. Ritchie; Virginia Morris;
I
'Paulus, 4617 Moorland Avenue; Jack Curtis, 4400 W. 50th Street; Jane Bennett, \*
George Psihos, 4607 Wooddale Avenue; Robert Strickland, 4908 Arden Avenue; Don Hart;
and several unidentified persons. The following persons suggested that the parking
be sited along W. 50th Street: Wendy Powell, 4612 Moorland Avenue; Kathy Stassen,
4406 Sunnyside Road; and Marilyn Curtis, 4400 W. 50th Street. Member Bredesen then
stated that he agreed that the park should be the focal point of the neighborhood
and that the proposed park configuration does not maximize that objective.
pointed out that the church is also a focal point of the neighborhood and is being
He
8/19/85
.- 246
used by a broad segment of the Edina community and so a compromise must be worked
out.
put along W. 50th Street and out of the park area.
Bredesen said he agreed there should be no parking south of the tennis courts and
that he liked the idea of doing a mirror image for parking south of W. 50th Street
from the tennis courts over to Wooddale Avenue.
preserve a larger area of Utley for public use and would help alleviate the parking
problem for the church.
spaces on the north side of W, 50th Street. Mr. Rosland responded that staff has
looked at siting the parking in Wooddale Park along W. 50th Street and presented
a graphic illustrating that concept. He said it may be possible to re-configure
the parking planned for scxth of tk +,eIL-,in ccurts in Utlq Park aLong W. 50th
Street also. Member Bredesen then made a motion to direct the staff to draft a
parking plan for Wooddale Park along W. 50th Street on the north and from the
tennis courts to Wooddale Avenue on the south to arrive at a compromise and to
bring the plan back to the Council on September 9.
Kelly. 9
He said he liked the suggestion that the parking in the Wooddale Park be
Regarding Utley Park, Member
He pointed out that it would
Member Bredesen added that he supports only 25 parking
Motion was seconded by Member
Ayes: Bredesen, Kelly, Richards, Turner, Courtney
Motion carried.
FIRST READING GRANTED FOR PSR-4 PLANNED SENIORS RESIDENCE ZONING (ORDINANCE .
NO. 825-A8) FOR BILTMORE SITE, 5212 VERNON AVENUE. Affidavits of Notice were
presented by Clerk, approved and ordered placed on file. Planner Craig Larsen
presented the petition for rezoning of the closed Biltmore Motel site, generally
located west of Vernon Avenue and south of West 52nd Street. The 3.5 acre site
is surrounded by single family properties to the north, R-2 District residences
to the west, commercial development across Vernon Avenue to the east, and multi-
family units further to the.west and immediate south. Mr. Larsen recalled that
the Council approved a Planned Residentia? District rezoning on the property in
the fall of 19% for the construction of an 88-unit, 4 story condominium project.
A new development team has acquired the property and has submitted a rezoning
request to Planned Seniors Residence, PSR-4 to allow the construction of a 152-unit
building containing 4, 5 and 6 story sections.
bedroom units, 74 two bedroom units and 8 three bedroom units.
would be brick except for some trim. The Zoning Ordinance requires,a minimum of
2,500 square of lot area per unit in PSR-4 with the possibility of reducing this
requirement to 1,000 square feet per unit through a series of allowances. The
proposed plan would be able to achieve the maximum allowance through credits for
underground parking, type I or I1 construction, accessibility to freeways, and
for providing senior citizen units.
to Ordinance requirements for the PSR-4 district. Mr. Larsen pointed out that
the Zoning Ordinance establishes special requirements for unit types, sizes and
for community facilities in a senior citizen apartment building.
Ordinance unit size requirements and a variance to allow 3 bedroom units would be
necessary.
space per unit enclosed, and .5 space per unit surface parking. For a 152-unit
building this results in 38 enclosed spaces and 76 surface spaces. The subject
proposal provides 76 enclosed spaces and 51 surface spaces.
spaces would be required. Traffic would access the site on Vernon Avenue opposite
the major intersection recommended by the Grandview Traffic Study for Link Road.
In PSR zoning district has no height limits; setbacks are determined by.the height
of the building and the proposal does comply. Lot coverage in the PSR-4 District
allows a maximum building coverage of 35%. The proposed building would cover 21%
as compared to 27% building coverage for the previous approved project on the site.
The project concept is to provide housing for seniors who are not eligible for the
HTJD type housing with income limits. It would offer a high level of services to
residents such as meals provided on site, cleaning and laundry services, on call
nursing and emergency medical assistance and increased security.
noted several land use issues concerning this proposal:
containd 4, 5 and 6 story sections with respective heights of 36, 45 and.541'feet.
The increased height allows a reduction in building coverage and prclvides shorter
corridors and a more efficient delivery of services.
by the building's height are to the west along Grandview Lane.
this line vary from 45 to 90 feet compared to a constant 40 feet of the earlier
plan.
requirements for Section 202 project.
by HTJD it would be necessary for the City/HRA to limit occupancy.
this could be accomplished through a redevelopment contract and deed restrictions.
Unit Sizes - The developers contend that their experience indicates a need to offer
slightly larger units with more bedroom options than HUD projects would allow.
The one and two bedroom units are within or very near Ordinance requirements;
the three bedroom units would not be allowed.
the proposed unit sizes and unit mix provided the City can exercise control
The building would contain 70 one
Exterior materials
As a result the density as proposed conforms.
A variance to '
The Ordinance requires that parking be provided at a rate of .25
A variance for surface
Mr. Larsen
Height - the building
Properties most impacted
Setbacks along
Zoning - the City's PSR Zoning District was designed in response to HUD
Since this project would not be controlled
Staff believes
Staff supports a variance to allow
8/19/85
247
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5 m
over building occupancy.
ing space per unit, of which .25 must be enclosed in the PSR-4 District. The
proposal would provide .84 space per unit, of which .5 would be enclosed. The
most comparable existing project in the City would seem to be 7500 York.
provided at 7500 York is nearly identical to the subject proposal with a total
parking ratio of .82, of which .47 is enclosed.. Management has indicated that
there is a waiting list for enclosed parking. The Community Development and
Planning Commission and staff suggests an increase in the amount of enclosed
parking. Regarding traffic, BRW, Inc. has done a study comparing the traffic
generation on this site in light of the Grandview Traffic Study and have
determined that this is the lowest possible traffic generator that the site
could have.
at a right angle to Vernon.
Plan as suitable for elderly housing, and in staff's opinion represents an
excellent reuse of this property. The Planning Commission at its meeting of
July 31, 1985 recommended approval of the preliminary development plan with an
increase in the underground parking, a proof of parking agreement to handle any
futqre shortage in surface parking and a realignment of the entry from Vernon
Avenue. Mr. Larsen stated that Frank Dunbar was present representing the deve-
lopment team. Mr. Dunbar introduced the members of the partnership called Grand-
view Development Company, including Dale E. Barlage, Robert A. Johnson and himself.
Dunbar Development Company will be the entity assigned to implement the redevelop-
ment project.
ment potential of the Biltmore site: 1) propose a market acceptable program,
2) Develop an economically feasible building, 3) Respond to the goals and objectives
for the Redevelopment District Plan, and 4) Propose a development that is con-
sistent with the City's Land Use Plan.
development team to analyze those factors. Mr. Dunbar explained that the history
of the site was reviewed and the team tried to respond to the concerns that were
expressed by the Council previously.
Health Planning and Management Resources, Inc., who presented graphics highlight-
ing the features of the market research that was done for the proposed project.
The market research concluded that the rental senior retirement complex is a
marketable product and that there is very concrete evidence for potential demand
for the project. Peter Van Hauer, of Health Central Corporation, briefly stated
their credentials, the projects they have been involved in and advised that they
will be providing marketing services and post-construction management on behalf
of the owners and the occupants.
enhance an independent lifestyle to its fullest through the delivery of essential
support services. Wayne Winsor, of Winsor/Faricy Architects, Inc., was then
introduced as architect for the proposed project. Mr. Winsor pointed out design
features of the project: landscaping, exterior materials and features, and-floor
plans. Mr. Dunbar advised that they had met with neighborhood residents on
July 29, 1985 and concensus was that it was a proposal that was acceptable to
the community.
concept approval.
participation by the.City in this redevelopment project in the amount of
$1,000,000.
could support so that the off-site improvements could be incorporated into the
bond sale. In conclusion, Mr. Dunbar requests the Council's support for these
reasons: 1) Development proposed addresses a market determined need in the
community and will prevent long-term citizens from leaving, 2) It allows for
revitalization of a current non-productive site in the redevelopment district,
3) It allows for the senior households to be converted over to younger families,
4) It provides for the best use on the site from the standpoint of market,
financing, traffic;-and land useage, '5) 'It realized the objectives of the Grand-
view Redevelopment Program, and 6) It may provide the revitalization necessary
within the district to spur further development activities complementary to the
area and development plan. Mr. Dunbar stated they are prepared to enter into
a mutually agreed upon redevelopment contract and are prepared to expedite the
project. Member Turner asked what impact this request for City participation
would have on the other goals for the district. Mr. Larsen said if the City
participates as requested, there would not be enough to do the public improve-
ments we looked at initially. Member Richards stated his understanding of the
financing was that the City would sell one million in bonds, do the improvements
and then from the capture of taxes the City would retire those bonds, and at
that point the City no longer is involved or has an interest in the project.
to the project is it does not receive Council approval for participation.
Mr. Dunbar responded that they do not feel they could proceed without parti-
cipation of the City and that they have not developed other alternatives.
Anderson, 5124 William Avenue, stated he was concerned about the height of the
building and that it was a very ambitious plan and questioned the ability of the
developers to carry it on into the future. Russ Moore, 5129 Bedford Avenue,
asked about the price range of the rental units.
a market rate rental proposal and that rents are anticipated to be in the range
Parking and Traffic - The Ordinance requires .75 park-
Parking
Staff would suggest that the entry from Vernon Avenue be redesigned
The proposed location is shown in the Comprehensive
The partnership considered four factors in analyzing the develop-
Various consultants were brought on the
He introduced Patricia A. McCullough, of
He stated their philosophy is to support and I
He stated that the request before the Council is for rezoning and
A financial analysis has been submitted requesting financial
The objective was to request less than what the increment itself
...
-
. Mr. Dunbar said that was correct. Member Richards then asked what would happen
Jeff
Mr. Dunbar stated that it is
8/19 /85
248
of $800/850 for one bedroom units up to $1,300 for three bedroom units.
Johnson, 5137 William Avenue, asked what would happen if it is not marketable
and it becomes just another apartment building.
possible traffic problems in the future and that there is a high population in
the immediate six block area now.
the age of residents and if we could restrict first choice of units to Edina
residents.
occupancy by persons 62 years of age or over.
the Edinborough project we asked that preference be given to Edina citizens but
only to the extent that it can be done without violating some federal/state
regulations and the City could require that for this project also. He reviewed
for the Council the City participation in the elderly housing for Edinborough.
Member Turner scated sne supporrs the land use and rezoning request because it
is a good re-use of the property, it meets the Comprehensive Plan and the Grand-
view Redevelopment District goals. She added that there is not enough support
for the degree of City participation being requested but would be willing to
look at some iesser degree.of support.
good project for the district; that what might done on that site with no 'public
support might be less satisfactory than what is proposed, so that there is some
public benefit that comes not withstanding the fact that the project will produce
an increment for the district.
range strategy aimed at getting young families into the community, that this
type of facility will encourage the elderly to move out of their homes in Edina
to free up the housing stock and that the project will in turn provide housing
for those people who have incomes of $20,000 or more that don't qualify for
subsidized housing. Member Kelly stated that she was concerned about the City's
participation in the project, that it would preclude some other development for
the district. That, although it is a good project for the site, she did not-feel
it would cause homes to be turned over to younger families as it is anticipated
that the market for the units will be 1/3 from people returning from the sun
belt and 1/3 from parents of Edina citizens, and that we should take a stronger
approach to bring in younger families with second mortgage monies or some other
strategy rather than this kind of project.
a fine project for the area but that he too was troubled with the amount of the
City participation requested; that this is a new experience to subsidize housing
but that perhaps that time has come. Member Turner pointed out that the Metro-
politan Council, the Citizens League and the State have all been discussing the
issue of long term care of the elderly and they have all suggested that this
kind of housing be made available so that there is not unnecessary use of nursing
homes. This type of project would provide an in-between stage for the elderly
with some of the support services which is much less costly for all taxpayers.
Mr. Rosland stated that staff is studying the rest of the tax increment district
and that some of the Council's questions may be answered with that study regard-
ing other project within the district. Mr. Erickson pointed out that the Council
is being asked to approve the zoning, that City participation is another question
and would addressed when the redevelopment contract is approved.
stated that the proponents should understand that some of the Council members
are concerned.about the degree of City participation.
introduced Ordinance No. 825-A8 for First Reading, subject to: 1) execution -of
a satisfactory redevelopment contract, 2) increased enclosed parking as recom-
mended by staff, and 3) realignment of the driveway as recommended by staff, as
follows : --
Floyd
He said he was concerned about
Member Turner asked if PSR-4 zoning limits
Mr. Larsen said the Zoning Ordinance defines PSR-4 zoning for
Mr. Erickson explained that in
I
Member Bredesen said he felt it was a
He added that the City is committed to a long
Mayor Courtney said he felt it was
I
Member Turner
Member Turner then
ORDINANCE NO. 825-A8
AN ORDINANCE AMENDING THE ZONING ORDINANCE (NO. 825)
BY REZONING PROPERTY TO PSR-4 PLANNED SENIORS RESIDENCE
TEE
the
FROM PRD-4 PLANNED RESIDENCE DISTRICT
CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, ORDAINS:
Section 1. Section 6 of Ordinance No. 825 of the City is amended by adding
following thereto:
"The extent of the Planned Seniors Residence District (Sub-District PSR-4)
is enlarged by the addition of the following property:
Lots 1, 2, 3, and 12, Block 1, Grandview Plateau, and that part of the
Service Road originally dedicated in the plat of GRANDVIEW PLATEAU,
according to the recorded plat thereof, described as follows:
Beginning at the northeast corner of Block 1, said GRANDVIEW PLATEAU,
thence on an assumed bearing of East along the easterly extension of
the north line of said Block 1, a distance of 33.50 feet; thence
southwesterly a distance of 326.96 feet along a nontangential curve,
concave to northwest having a radius of 3087.95 feet and a central
angle of 6 degrees 04 minutes, said curve has a chord bearing of
South 21 degrees 58 minutes West; thence South 25 degrees West to
the southeasterly line of said Block 1; thence northeasterly along
said Block 1 to the point of beginning.
The extent of the PRD-4 Planned Residence District is reduced by removing the
property described above from the PRD-4 District."
8/19/85
Sec. 2.
and publication.
Motion for First Reading of the ordinance was seconded by Member Bredesen.
Member Richards commented that he would support the motion but saw no reason to
believe that the subject property would not develop totally in the private
sector and therefore could not support public participation in the-project.
This ordinance shall be in full force and effect upon its passage
Rollcall :
Ayes: Bredesen, Richards, Turner, Courtney
Nays: Kelly
Motion carried.
PRELIMINARY PLAT APPROVED FOR 1NDIAN.HILLS 3RD ADDITION. Affidavits of Notice
were presented by Clerk, approved and ordered placed on fiie.
the request for preliminary plat approval for Indian Hills 3rd Addition, generally
located south of the Crosstown Highway and west of Gleason Road.
that the Council granted final plat approval to Indian Hills 2nd Addition in
April, 1985. The plat consisted of 7 R-2 lots along McCauley Trail and 8 R-1 lots
on a'new cul-de-sac extending south from McCauley Trail. Since that time the
proponent has acquired Lot 11 of The Timbers and is requesting a subdivision which
would add portions of this lot to the R-1 lots in Indian Hills 2nd Addition. No
new lots are contemplated by this plat.
the previously approved plat.
extremely large neck lot which has access to Timber Ridge Road.
frontage on Arrowhead Lake. The proposed plat would add approximately 75 feet
of depth to Lots 9, 10, 11 and 12, and would provide lake access to Lots 13 and 14.
A large irregularly shaped piece would be added to Lot 8 by the proposed plat.
The remaining lot from The Timbers, which would become Lot 16 of Indian Hills
3rd Addition, would continue to provide a large building site.
pointed out that at the time The Timbers plat was approved a deed restriction
was placed on Lot 11 which prevented further subdivisions which would create
additional building sites. This restriction would need to be released prior to
recording the new plat. Staff supports the concept of the proposed preliminary
plat as the proposal greatly enhances the potential of the lots along Timber
Trail while causing no harm to Lot 16 as a building site. The proposal also
represents a more efficient use of property.
grading plan has been submitted which is satisfactory and some of the lot lines
have been corrected as suggested by staff. The Community Development and Planning
Commission gave preliminary approval at its meeting of July 31, 1985 and staff
would recommend approval subject to release of the deed restriction on Lot 11 of
The Timbers.
Lots 13 and 14 which abut Arrowhead Lake would remain.
Timber Ridge, said he felt the enlarged lots are favorable and asked if the
roadways of Timber Ridge and Timber Trail would be connected in any way.
Mr. Larsen said there are no plans to connect them. There being no further
comment, Member Turner introduced the following resolution and moved adoption:
PRELIMINARY PLAT APPROVAL GRANTED
Mr. Larsen presenred
He recalled
Lots 1 through 7 remain unchanged from
Mr. Larsen stated that Lot 11 of The Timbers is an
The lot also has
Mr. Larsen
Mr. Larsen said that a revised
Mr. Larsen noted that the conservation restriction .on&ekA3- *D
Frank Matthews, 6400
FOR INDIAN HILLS 3RD ADDITION
BE IT RESOLVED by the City Council of the City of Edina, Minnesota, that that
certain plat entitled "Indian Hills 3rd Addition", platted by Gustafson and
Associates, and presented at the regular meeting of the City Council of August 16,
1985 be and is hereby granted preliminary plat approval.
Motion f6r adoption of the resolution was seconded by Member Kelly.
. Ayes: -Bredesen, Kelly, Richards, Turner, Courtney
Rollcall :
Resolution adopted.
FINAL DEVELOPMENT PLAN APPROVED FOR 7711 NORMANDALE ROAD (EDINA CARWASH) PCD-4
PLANNED COMMERCIAL DISTRICT. Affidavits of Notice were presented, approved and
ordered placed on file. Mr. Larsen presented the request for final development
plan approval for 7711 Normandale Road, generally located eastaf-Highway
and north 0.f West 78th Street.
feet, contains 30,625 square feet, and is zoned Planned Commercial District,
PCD-4.
offers gasoline sales, parts and service.
of a Final Development Plan to redevelop the site as a car wash, with related
car cleaning service and gasoline sales.
would require the granting of a number of variances. Car washes are required
to maintain a 45 foot setback from both the front street and any side street.
The proposed plan would maintain a 45 foot setback from Viking Drive, but
would maintain a 35 foot setback from West 78th Street. Thus a 20 foot side
street setback variance is requested. The Zoning Ordinance requires that
parking maintain a 20 foot setback from a street and 10 feet from an interior
side lot line. Parking is proposed within 8 feet of West 78th Street, conse-
quently, a 12 foot parking setback variance is also requested. On the north-
easterly portion of the site a 5 foot parking setback variance would be required.
The subject property measures 175 feet by 175
The property is developed with an authomobile service center, which
The proponent is requesting approval
Mr. Larsen explained that the Plan
-
8/19/85
250
Since the Ordinance allows only one entry or exit per street frontage, a var-
iance to allow the second exit to W. 78th Street is necessary.
involves required spacing of driveways.
50 feet from intersections and be 20 feet from other driveways as measured from
the end of the returns.
aisle spacing variance.
the required number of parking spaces and stacking spaces.
materials comply with Ordinance standards.
the building meets all required setbacks.
plan and schedule which meets Ordinance requirements.
deluxe facility which should be much more aesthetically pleasing than a typical
car wash and would-provide an improvement over the existing use on the site.
Plan would provlde green areas and Pandscaping where there is now none.
ing proposed is the smallest possible size in which to house the conveyor wash
system.
the need for variances and provide smooth function: and traffic flow.
site plan provides the best arrangement on the site.
parking’number 12 be removed.
lopment and Planning Commission recommended Final Development Plan approval.
Richard Page, the developer, pointed out that the City lacked a full service car
wash in that area.
exterior material of glazed brick aggregate. Mr. Page assured the Council that
the car wash would be a long term facility and that the capital financing is
from private investors. No comment being heard, Member Kelly introduced the
following resolution and moved its adopGion:
BE IT RESOLVED by the City Council of the City of Edina, Minnesota, that the Final
Development Plan for the Edina Carwash, 7711 Normandale Road, be and is hereby
approved.
Motion for adoption of the resolution was seconded by Member Richards.
The final variance
The Ordinance requires that driveways be
The large returns result in a request for a 30 foot drive
Mr. Larsen said that the plan as proposed would provide
The proposed exterior
Except for the West 78th Street side,
The proponent has submitted a landscape
The proposed car wash is a
The I The build-
Several alternative site plans were reviewed in an attempt to minimize
The proposed
At its meeting of July 31, 1985 the Community Deve-
Staff would suggest that
He presented photos and renderings of the site showing the
RESOLUTION
Rollcall :
Ayes: Bredesen, Kelly, Richards, Turner, Courtney
Resolution adopted.
I FINAL DEVELOPBENT PLAN APPROVED FOR 5555 W. 78TH STRTET (HOYT CONSTRUCTION) PID
PLANNED INDUSTRIAL DISTRICT.
and ordered placed on file.
plan approval of Hoyt Development.for 5555 W. 78th Street, generally located east
of Cecelia Circle and south of West 78th Street.
parcel zoned Planned Industrial District, PID.
warehouse building located in the south central portion of the lot.
are located to the west and northeast of the site.
but was recently zoned for townhouses and apartments.
the City of Bloomington and is developed with similar uses.
mitted plans which for the redevelopment of the site with an office-warehouse
building of 72,390 square feet and are requesting Final Development Plan approval.
Mr. Larsen explained that the proposed building would be evenly aplit between
office and warehouse uses. In the Pu) zone office space must provide parking at
a rate of 5 spaces per 1,000 square feet of gross floor area and warehouse space
must provide parking at a rate of one space for each 2,000 square feet of gross
floor area.
required.
would meet Ordinance requirements.
the site would require a number of variances. The most northerly comer of the
building maintains a setback of 56 feet where 75 feet is required. Parking and
drive aisles encroach into required setbacks along the northerly portion of the
provided at several points along the north and east sides of the building. At
its meeting of July 31, 1985 the Community Development and Planning Commission
recommended Final Development Plan approval and the requested variances. Bruce
Hoyt, of Hoyt Development Company, commented that the subject area has a
large amount of natural vegetation and combined with the slope of the land makes
the visual impact of the site minimal from the proposed residential area-on the
north.
€he geometry of the structure the variance is requested for the most northerly
comer. Member Turner asked Mr. Larsen if the similar type warehouse building to
the west had required variances and why the Planning Commission felt the
variance was justified.
require variances and that the Planning Commission based their recommendation on
lack-of impact of the building because of the grade drop-off from the northerly
portion of the site.
the following resolution and moved its adoption:
RESOLUTION
BE IT RESOLVED by the City Council of the City of Edina, Minnesota, that the Final
Development Plan of Hoyt Development Company for 5555 W. 78th Street, be and is
Affidavits of Notice were presented by Clerk, approved
Mr. Larsen presented the request for final development
The subject property is a 5 acre
The site is developed with a small
PID properties
Property to the north is vacant,
Property to the south is in
The proponent has sub-
The proposed plan would provide 209 parking spaces where 199 are
Exterior materials of the building would be brick with copper trim and
Mr. Larsen explained that the redevelopment of
site. Also, the required l0.foot parking to building setback is not. -* ?(i
I
He stated that the building design is very attractive and to maintain
.
Mr. Larsen said that the building to the west did not
No further comment being heard, Member Kelly introduced
251
hereby approved.
Motion for adoption of the resolution was seconded by Member Bredesen.
Rollcall,:
Ayes: Bredesen, Kelly, Richards, Courtney
Nays: Turner
Resolution adopted.
TEN YEAR CAPITAL PLAN ADOPTED; TO BE SUBMITTED TO METROPOLITAN COUNCIL. Mr. Rosland
recalled that the Council granted preliminary approval of the Ten Year Capital Plan
on July 1, 1985.
the City's Comprehensive Plan, it must go through the same adoption process as the
Plan itself. The Community Development and Planning Commission conducted a public
hearing on July 31, 1985 and approved the Ten Year Capital Plan and stafT would now
recommend adoption by the Council and authorization for transmittal to the Metro-
politan Council for review. Those.items in the Plan which constitute new con-
struction or major additions have been identified as requested by the Council.
Member Turner introduced the following resolution and moved adoption:
Because a capital improvement plan is considered to be part of
RESOLUTION
WHEREAS, the City Council of the City of Edina adopted the Comprehensive Plan 1980
on December 31, 1981, pursuant to Minnesota Statutes, Section 473.864; and
WHEREAS, the Community Development and Planning Commission of the City of Edina
has approved an amendment to the Comprehensive Plan'1980 on July 31, 1985; and
WHEREAS, the City Council of the City of Edina has reviewed such amendment to
the Comprehensive Plan 1980 and is in concurrence with the decision of the Com-
munity Development and Planning Commissipn;
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Edina, that
the City Council hereby adopts the amendment to the Comprehensive Plan-1980 as
as it applies to the Ten Year Capital Plan.
Motion for adoption of the resolution was seconded by Member Kelly.
Rollcall :
Ayes: Bredesen, Kelly, Richards, Turner, Courtney
Resolution adopted.
BIDS REJECTED FOR ENGINE ANALYZER. Mr. Rosland recalled that the award of bid
for an engine analyzer had been continued from the meeting of August 5, 1985
and that staff would recommend all bids submitted be rejected and that it be.
re-bid.
bids submitted for the engine analyzer.
Motion of Member Bredesen was seconded by Member Turner to reject all
Ayes: Bredesen, Kelly, Richards, Turner, Courtney
Motion carried.
BID AWARDED FOR ADMINISTRATIVE VEHICLE. Mr. Rosland presented tabulation of
quotes for an administrative vehicle, 1984 Citation I1 4-dOOr hatchback sedan,
showing Iten Chevrolet at $6,888.00, Jay Kline Chevrolet at $7,200.00 and
Suburban Chevrolet at $8,011.00. Motion of Member Bredesen was seconded by
Member Turner for award of bid to Iten Chevrolet at $6,888.00.
Ayes: Bredesen, Kelly, Richards, Turner, Courtney
Motion carried.
TRAFFIC SAFETY COMMITTEE MINUTES OF AUGUST 13, 1985 APPROVED.
motion was seconded by Member Kelly to approve the following recommended action
as listed in Section A of the Traffic Safety Committee Minutes of August 13, 1985:
1) That the City remove the brush and weeds at the railroad crossing on West
Member Bredesen's
49th Street near Brookside Avenue and that the Committee endorse the citizen's
petition to MNDOT for warning 'signals at the railroad crossing.
and to acknowledge Sections B and C of the Minutes.
Ayes: Bredesen, Kelly, Richards, Turner, Courtney
Motion carried.
BOARD/COMMISSIONS APPOINTMENT PROCESS DISCUSSED. Member Turner asked for the
Council's conraent on the board/commission appointment process she had drafted
following discussion at the last Council meeting.
application forms be sent to those individuals who have submitted their names
for appointment to the boards/commissions on which there are now vacancies
together with a letter asking that the applications be returned by September 1,
1985 so that the Council could interview applicants and appoint on September 9th.
After discussion, it was informally agreed to approve the appointment procedure
as drafted and to interview candidates for the Community Development and Planning
Commission at 5:30 p.m. on September 9, 1985 prior to the Regular Council Meeting.
She suggested the new
BUDGET HEARING DATES SCHEDULED. Mr. Rosland advised that state statute requires
the 1986 City Budget to be submitted to'the Council at its first regular meeting
in September which date is September 9, 1985 and suggested that budget hearing
dates' be set. Following discussion, Member Bredesen's motion was seconded by
8/19/85
252
Member Turner and carried unanimously, setting the following as budget hearing
dates:
at 7:OO p.m.
September 16 at 5:OO p.m., September 17 at 7:OO p.m. and September 23
REVIEW OF E.1.S.-HOMART DEVELOPMENT CONSIDERED.
from the meeting for this agenda item because of a possible conflict of interest.)
Mr. Erickson advised that on July 23, 1985 the City submitted a letter to the City
of Bloomington summarizing its comments and recommendations concerning Homart's
Draft Environment Impact Statement (D.E.I.S.) in accordance with the Council's
direction. Bloomington has now released a Final E.I.S. which is scheduled for
approval by the Bloomington City Council on August 26, 1985.
be based on an E.I.S. which we do not consider adequake to the objections the
City raised. Mr. Erickson advised that there are two actions the Council may
take: 1) seek a Metropolitan Significance Review by the Metropolitan Council, and
2) to contest the adequacy decision in District Court. In seeking a Metropolitan
Significance Review the initiating step would be a resolution by the requesting
municipality along with some accompanying information asking for the review. If
the chairman of the Metropolitan Council determines that it is made in good faith
and complies with the requirements and is not exempt, then the review is ordered
for hearing.
the resolution should be submitted shortly after the August 26, 1985 Bloomington
Council meeting when their decision will be made.
the City has 30 days after the Bloomington decision is published in which to com-
mence action.
Review and if there is an adverse decision, that can be appealed by Edina to the
district court. Mr. Erickson said it is also recommended that the City submit a
letter to the Bloomington Council advising them that these actions will be taken
if they find that the E.I.S. is adequate. He pointed out that these actions may
possibly affect the City's Edinborough project.
to submit the letter to the Bloomington Council as recommended and introduced the
following resolution and moved its adoption:
(Member Richards excused himself
I Their decision will
Timing is important for the question of good faith and therefore
Regarding possible court action,
That can be done concurrently with the Metropolitan Significance
Member Bredesen then made a motion
RESOLUTION REQUESTING METROPOLITAN SIGNIFICANCE REVIEW
BY THE METROPOLITAN COUNCIL OF THE HOMART DEVELOPMENT
WITHIN THE CITY OF BLOOMINGTON
BE IT RESOLVED by the City Council of the City of Edina, Minnesota, as follows:
the City of Bloomington involving the construction of four office buildings with a
total area of 1,500,000 square feet, a 350-room hotel and 5,100 parking spaces in
five-level ramp facilities'.
quadrant of Interstate Highway 494 and France Avenue.
to the southern boundary of the City of Edina.
zoning of adjacent property within the City of Edina.
on existing roadways within and adjacent to the City of Edina and on planned land
use development within the City of Edina.
ment on the Homart Development.
the draft Environmental Impact Statement.
ment, as approved by the City of Bloomington, does not provide an adequate analysis
of the environmental impacts of the Homart project, especially traffic, nor an
adequate review of feasible and prudent alternatives as discussed in the comments
of the City of Edina on the draft Environmental Impact Statement.
Homart project adequately analyzes the impact of this project on 1-494 nor the
interrelationship of this project with others planned along 1-494.
politan significance review pursuant to Minn. Stat. 8473.173 and Minn. Rules
Chapter 5700 on the Homart Development within the City of Bloomington and as it
relates to other planned development along 1-494 on the basis that the Homart
project will have a substantial effect on existing and planned land use within
the City of Edina and other jurisdictions.
Passed by the City Council this 19th day of August, 1985.
1. Recitals. (a) The Homart Development Company is proposing a project within
The project will occupy 26.3 acres in the northwest
The project site is adjacent
(b). The density of the Homart project is inconsistent and incompatible with
(c) Traffic generated by the Homart project will have a substantial impact
(d) The City of Bloomington has prepared a final Environmental Impact State-
The City of Edina submitted written comments on
The final Environmental Impact State-
(e) Neither the draft nor the final Environmental Impact Statement for the
2. The City of Edina requests the Metropolitan Council to conduct a metro-
-
Attest : %&%-a
City Clerk
The motion kor adoption of the foregoing was duly seconded by Member Turner. 8
Rollcall: . '.
Ayes: Bredesen, Kelly, Turner, Courtney
Nays: None
Resolution adopted.
8/ 19 /85
253
The Council then briefly discussed Bloomington’s proposed mega-mall for the
former baseball stadium site and asked the staff to contact the City of Minnea-
polis to advise them that the City also has concerns about that project and to
gather as much information as is available so that the Council could reach a
conclusion as to their position on the mega-mall project.
(Member Richards returned to the meeting at this point.)
CONSTRUCTION MANAGER AUTHORIZED FOR THE BRAEMAR CLUBHOUSE PROJECT. Mr. Rosland
recalled that the use of a construction manager for the Braemar Clubhouse project
was discussed at the last Council meeting with no decision made. He reiterated
that staff feels this will be a cost effective way to remodel the clubhouse and
that the complexities of the addition to the clubhouse seem to merit this
approach. Following discussion, Member Richards introduced the following reso-
lution and moved its adoption:
RESOLUTION
BE IT RESOLVED by the Edina City Council that it hereby directs and authorizes
the qity Manager to enter into an agreement, on behalf of the City, with a
construction manager to supervise and manage the construction of the Braemar
Clubhouse addition.
Motion for adoption of the resolution was seconded by Member Turner.
Rollcall :
Ayes: Bredesen, Richards, Turner, Courtney
Nays: Kelly
Resolution adopted.
vi 0 00 0
ATTENDANCE RECORDS REQUESTED FOR ADVISORY BOARD MEETING HEARINGS.
asked that an attendance roster be kept for advisory board meetings that are
attended by citizens of the community.
residents attending the recent Edina Park Board meeting regarding Wooddale Park
‘was attached to the Park Board minutes.
Member Kelly m a
Mr. Rosland pointed out that a list of
HRC NO-FAULT BROCHURE QUESTIONED.
which was being mailed out to approximately 3,000 businesses in Edipa by the
Human Relations Commission.
approved by the Council in November, 1984, and it was suggested that the Human
Relations Commission contact the Edina Chamber of Commerce to help defray the
cost of printing the brochure.
Member Kelly asked about the No-Fault Brochure
Member Turner responded that the brochure was
STRATEGIC PLANNING ‘SESSION DISCBSSED . Member Turner asked thelXounci1- to: review
the summary of the Strategic Planning session held on August 12th in preparation
for continued planning at the Council Meeting of September 9,.1985.
EDINA ART CENTER REVENUES DISCUSSED. Member Richards commented that the Edina
Art Center minutes of June 19, 1985, made reference to a profit from the Juried
Art Show held recently.
a deficit and is subsidized by the City, that the Council should decide what
to do with revenues and asked that the Art Center board discuss how to get the
Center into a- profit-mgking situationirather than determining what to do with
revenues. .No formal action was taken.
He suggested that because the Art Center operates at
TEMPORARY RE-ROUTING OF MTC BUSES ON WOODDALE NOTED.
MTC buses have been re-routed on Wooddale Avenue because of the construction
project on-W. 44th Street and that staff has had a number of telephone- o=’’z
calls from residents regarding this. Mr. Hoffman explained that during peak
hours in the morning and evenings NTC buses go east/west on W. 44th Street to
and from Minneapolis and during the day MTC runs buses on W. 44th Street from
Southdale to Ridgedale and back.
on W. 44th Street that they be allowed to re-route the buses on Wooddale Avenue.
Mr. Hoffman said that the passenger load on that route during the morning and
evening would justify the temporary re-routing of five buses during those times,
but that he had asked PlTC to use other routing for the daytime buses going
between Southdale and Ridgedale.
that would be his recommendation unless the residents on Wooddale raised strong
objection. Member Bredesen commented that he concurred with the recommendation.
No formal action was taken.
Mr. Rosland reported that
MTC has asked that during the construction .
He added that unless the Council had objections D
.- BIDS TO BE TAKEN FOR SIDEWALK REPLACEMENT
AND FOR TRAFFIC CONTROL SIGNAL SYSTEM (W.
(COUNTRY CLUB DISTRICT-CONTRACT f85-9)
70TH STREET h CORNELIA DR.-CONTRACT #85-10).
As recommended by the City Engineer, Member Turner introduced the following re-
solutions and moved their adoption:
RESOLUTION APPROVING PLANS AND SPECIFICATIONS
FOR PROPOSED IMPROVEMENTS AND
DIRECTING ADVERTISEMENT FOR BIDS
SIDEWALK REPLACEMENT INPROVEMENT NO. S-34)
8/19 / 85
254
BE IT RESOLVED BY THE CITY COUNCIL, CITY OF EDINA, MINNESOTA:
1. The plans and specifications for the proposed improvements set forth in the
following Advertisement for Bids form, heretofore prepared by the City Engineer
and now on file in the office of the City Clerk are hereby approved.
2. The Clerk shall cause to be published in the Edina Sun and Construction
Bulletin the following notice of bids for improvements:
(Official Publication)
CITY OF EDINA
4801 W. 50TH STREET
EDINA, MINNESOTA 55424
HENNEPIN COUTY, MINNESOTA
ADVERTISEMENT FOR BIDS
SIDEWALK REPLACEMENT IMPROVEMENT NO. 5-34
CONTRACT f85-9 (ENG)
BIDS CLOSE SEPTEMBER 5, 1985
SEALED BIDS will be received and opened in the Council Chambers in Edina City
Hall, 4801 W. 50th Street at 11:OO A.M., Thursday, September 5, 1985. The Edina
City Council will meet at 7:OO P.M., Monday, September 9, 1985 to consider said
bids. The following are approximate major quantities:
2500 S/Y, Sod with 4" Black Dirt
32000 S/F Sidewalk, Concrete
15 Tons, C1. 2 Gravel
32000 S/F, Sidewalk, Removal
Bids shall be in a sealed envelope with-a statement thereon showing the work
covered by the bid.
Edina, 4801 W. 50th Street, Edina, Minnesota 55424, and may be mailed or sub-
mitted personally to the City Engineer.
either through the mail or by personal submission, after the time set for receiving
them may be returned unopened.
Work must be done as described in plans and specifications on file in the office
of the City Clerk.
$25.00 (by check).
fications with a bona fide bid. No bids will be considered unless sealed and
accompanied by bici bond or certified check payable to the City Clerk in the amount
of at least ten (10) percent of amount of base bid. The City Council reserves
the right to reject any or all bids. All plans mailed, enclose separate check for.
$5.00 payable to the City of Edina for postage and handling.
BY ORDER OF THE EDINA CITY COUNCIL.
Bids shall be addressed to the City Engineer, City of
Bids received by the City Engineers
-
Plans and specifications are available for a deposit of
Said deposit to be returned upon return of the plans and speci-
I
Marcella M. Daehn, City Clerk
RESOLUTION APPROVING PLANS AND SPECIFICATIONS
FOR PROPOSED IMPROVEMENTS AND
DIRECTING ADVERTISEMENT FOR BIDS
TRAFFIC CONTROL SIGNAL SYSTEM IMPROVEMENT #85-B
BE IT RESOLVED BY THE CITY COUNCIL, CITY OF EDINA, MINNESOTA:
1. The plans and specifications for the proposed improvements set forth in the
following Advertisement for Bids form, heretofore prepared by the City Engineer
and now on file in the office of the City Clerk are hereby approved.
2. The Clerk shall cause to be published in the Edina Sun and Construction
Bulletin the following notice of bids for improvements:
(Official Publication)
CITY OF EDINA
4801 W. 50TH STREET
EDINA, MINNESOTA 55424
HENNEPIN COUNTY, MINNESOTA
ADVERTISEBENT FOR BIDS
TRAFFIC CONTROL SIGNAL SYSTEM
CONTRACT #85-10 (ENG)
IEPROVEMENT jI85-B
BIDS CLOSE SEPTEMBER 5, 1985
SEALED BIDS will be received and opened in the Council Chambers in Edina City
Hall, 4801 W. 50th Street at 11:OO A.M.,.Thursday, September 5, 1985. The Edina
City Council will meet at 7:OO PA., Monday, September 9, 1985 to consider said
bids. The following are approximate major quantities:
1 Traffic Control Signal System
1 Re-construct Radius of Intersection
Bids shall be in a sealed envelope with a statement thereon showing the work
covered by the bid.
4801 West 50th Street, Edina, Minnesota 55424, and may be mailed or submitted
personally to the City Engineer.
through the mail or by personal submission, after the time set for receiving them
Bids should be addressed to the City Engineer, City of Edina,
Bids received by the City Engineer, either
may be returned unopened. ..
8/19/85
255
Work must be done as described in plans and specifications on file in the
office of the City Clerk. Plans and specifications are available for a deposit
of $25.00 (by check). Said deposit to be returned upon return of the plans and
specifications with a bona fide bid.
and accompanied by bid bond or certified check payable to the City Clerk in the
amount of at least ten (10) percent of amount of base bid. The City Council
reserves the right to reject any or all bids. All plans mailed, enclose
separate check for $5.00 payable to the City of Edina for postage and handling.
BY ORDER OF THE EDINA CITY COUNCIL.
Motion for adoption of the resolutions was seconded by Member Kelly.
No bids will be considered unless sealed
Marcella M. Daehn, City Clerk
Rollcall :
Ayes: Bredesen, Keiiy, Kichards, Turner, Courtney
Resolutions adopted.
RESOLUTION ADOPTED AUTHORIZING DISPATCH/USE OF .CITY EQUIPMENT AND SERVICES BY
CITY MANAGER IN EMERGENCY SITUATIONS., Mr. Rosland presented a draft resolution
which would authori.ze dispatch and use of City equipment and services by the
City Manager in emergency situations occurring outside of the City when it
would be impossible or impractical for the City Council to meet and authorize
such dispatch. He explained that the resolution is recommended to insure that
the City's worker compensation and liability insurance coverage would apply to
such situations. Member Kelly introduced the following resolution and moved
its adoption:
RESOLUTION AUTHORIZING DISPATCH AND USE OF CITY EQUIPMENT AND
SERVICES BY CITY MANAGER IN EmRGENCY SITUATIONS
WHEREAS, the City Council finds that instances have occurred in the past and
can be anticipated in the future wherein there is a danger of fire, hazard,
casualty or other similar occurrences taking place or occurring outside the
territorial limits of the City of Edina and within the State of Minnesota; and
by the suddenness thereof it would be impossible or impractical for the City
Council to meet and authorize the dispatch and use of City equipment and personnel
to combat such fire, hazard, casualty or other similar occurrence; therefore,
BE IT RESOLVED by the Edina City Council as follows:
The Council finds it desirable and necessary to authorize the City Manager or
his designee to exercise discretion, considering at all times.and in each case
the internal needs of the City of Edina and its inhabitants, to dispatch City
equipment and personnel as deemed necessary to combat such occurrence whether
it takes place within or without the City limits.
BE IT FURTHER RESOLVED that such dispatch and use as directed by the City
Manager or his designee shall be fully authorized as an act of the City of Edina
and all provisions for compensation of personnel, rental of equipment, liability
insurance coverage, workman's compensation insurance and all other safeguards
and matters pertaining to the City, its equipment and personnel, shall apply in
each case as if specifically authorized and directed by this City Council at
such time, whether or not the governing body or authority of the place in which
the fire, hazard, casualty or other similar occurrence exists, has previously
requested and provided for assistance and the use of the Edina equipment and
personnel under a mutual protection agreement or other type protection agree-
ment with the City of Edina.
FURTHER, the City Manager or his designee shall recall, order and terminate
the use of such equipment and personnel when the need for their use no longer
exists, or earlier, when at his descretion it appears in the best interest of
the City of Edina.
FURTHER, if the provisions of this resolution shall ever conflict with the pro-
visions of the City's Civil Defense Ordinance, Ordinance No. 502, the provisions
of said ordinance shall control.
Motion for adoption of the resolution was seconded by Member Turner.
Rollcall :
Ayes: Bredesen, Kelly, Richards, Turner, Courtney
Resolution adopted.
ORDINANCE NO. 118 (MORATORIUM ON SKATE BOARD RAMPS) ADOPTED; SECOND READING
WAIVED.
discussed at the Council Meeting of August 5, 1985 following complaints regarding
a non-conforming ramp at 60th and France Avenue So. Staff would recommend
adoption of an ordinance placing a moratorium on skate board ramps during the
time studies are being made regarding accessory uses as directed by the Council.
Member Kelly then introduced Ordinance No. 118 and moved its adoptim, waiving
Second Reading, as follows:
ORDINANCE NO. 118
AN ORDINANCE IMPOSING A MORATORIUM
Mr. Rosland recalled that the subject of skate board ramps had been
ON THE CONSTRUCTION AND INSTALLATION OPSKATE BOARD RAMPS
THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA ORDAINS:
8 /19/85
256
Section 1. Purpose. Pursuant to applicable Minnesota statutes, Edina is
now conducting studies for the purpose of considering adoption and/or amendment
of official controls, including a zoning ordinance, an accessory use ordinance
and a nuisance ordinance.
the size, location, number and kind of, skate board ramps, installed or constructed,
or to be installed or constructed, in Edina. However, while the new ordinances
and amendments are being considered, proposals for, and applications for permits
to allow, construction and installation of new skate board ramps continue to be
made. Therefore, in order to protect the planning process and the health, safety
and welfare of the citizens of Edina, it is necessary and desirable to inrpose the
following moratorium.
Sec. 2. Moratorium. From the effective date of this ordinance to and including
the first anniversary of such effective date, subject to earlier termination or
extension by the Edina City Council, the Edina City Council and .the Edina City staff
shall not:
of any kind for any skate board ramps;, or
any existing City ordinances for the purpose of installing or constructing any
skate board ramps.
The ordinances or amendments being studied will
, consider, and regulate and control, among other things, the desirability of, and
.
(1)- accept any applications for, or continue to process or issue, any permits
(2) accept any application for, or continue to process, any variances from
Sec. 3. Effective Date. ,This ordinance shall be in full force and effect upon
- its passage and publication.
Motion for adoption of the ordinance was seconded by Member Turner.
Rollcall :
Ayes: Bredesen, Kelly, Richards, Turner, Courtney
Ordinance adopted.
ATTEST :
-= *&%. &d--
City Clerk
CLAIMS PAID.
the following claims dated 8/19/85:
Art Center $785.17, Swimming Pool Fund $1,529.15, Golf Course Fund $19,994.38,
. Recreation Center Fund $9 , 207.41 , Gun Range Fund $29.40 , Utility Fund $19 , 622.75 ,
Liquor Dispensary Fund $116,594.43, Construction Fund $214,184.99, Total $614,134.92.
Motion of Member Turner was seconded by Member Kelly for payment of
General Fund $232,087.25, Park Fund $60.00,
Ayes: Bredesen, Kelly, Richards, Turner, Courtney
Motion carried.
There being no further business on the agenda, Mayor Courtney declared the meeting
adjourned at 11:50 p.m.
_-
City Clerk
MINUTES
OF THE SPECIAL MEETING OF THE
EDINA CITY COUNCIL HELD AT CITY HALL
SEPTEMBER 9, 1985
5:30 P.M.
*
In attendance were Members Breaesen, Kelly, Richards, Turner and Courtney.
Member Turner said this Special Neeting had been scheduled so that the Council
Members could meet and briefly interview candidates for appointment to the
-Community Development and Planning Commission and/or other boards and commissions.
Atotal of 18 persons were interviewed and it was announced that the appointment
to the Community Development and Planning Commission would be made during the
Regular Meeting of the Council at 7:OO p.m.
.
No formal action was taken.
City Clerk