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HomeMy WebLinkAbout19880919_regularcu Ln Lo 72 m a MINUTES OF THE REGULAR MEETING OF THE EDINA CITY COUNCIL HELD AT CITY HALL SEPTEMBER 19, 1988 255 Answering rollcall were Members Kelly, Richards, Smith, Turner and Mayor Courtney. AAA PEDESTRIAN SAFETY RECORD AWARD PRESENTED TO CITY. Services Manager, Automobile Club of Minneapolis, presented a special citation for Outstanding Pedestrian Accident Record to the City of Edina. Edina's record has been zero pedestrian deaths during 1987. recognition to the community of Edina for outstanding pedestrian safety program activities which include the evaluation of the accident record system, specific pedestrian control legislation, enforcement of pedestrian and driver behavior, traffic engineering service for pedestrians, community traffic safety coordination and school traffic safety and public information and education. and Chief Swanson received the plaque on behalf of the City. JoAnne Boche, Community She stated that The award gives Mayor Courtney CONSENT AGENDA ITEMS ADOPTED. Member Turner to approve and adopt the consent agenda items as presented. Motion was made by Member Kelly and seconded by Rollcall : Ayes: Kelly, Richards, Smith, Turner, Courtney Motion carried. PUBLIC HEARINGS CONDUCTED ON SPECIAL ASSESSMENTS. Affidavits of Notice were presented by Clerk, approved and ordered placed on file. given, public hearings were conducted .and action taken as hereinafter recorded on the following proposed assessments. Due notice having been 1. MAINTENANCE IMPROVEMENT NO. M-88 Locat.ion: 50th Street and France Avenue Business District Engineer Fran Hoffman presented analysis of assessment showing total cost of $42,156.84 proposed to be assessed against 295,030 assessable square feet at $0.14289 per square foot. that staff had met with nine SOth/France business owners and had talked to them about the parking ramp maintenance fees that may be assessed in the future. Engineer Hoffman recommended that the current assessment be continued to October 3, 1988, so that notices can be sent to all businesses at 50th/France. Motion was made by Member Turner, seconded by Member Richards, and carried unanimously to continue the public hearing on Maintenance Improvement No. M-88 to the Council Meeting of October 3, 1988. One year assessment to be paid in 1989. He advised 2. TREE REMOVAL PROJECT NO. TR-88 Location: Various locations of diseased trees within the City of Edina Engineer Hoffman presented analysis of assessment showing total cost of $2,413.50 proposed to be assessed against 10 assessable lots allocated individually per size of tree removed. Assessments to be spread over one year and five years depending on amount of assessment. prior hereto. Turner and carried unanimously. (Assessment levied by Resolution later in Minutes. ) No objections were heard and none had been received Assessment approved by motion of Member Kelly, seconded by Member 3. AQUATIC WEED IMPROVEMENT NO. AQ-88 Location: Indianhead Lake and Mill Pond Assistant Manager Hughes presented analysis of assessment showing total cost for Indianhead Lake of $6,893.00 proposed to be assessed against 33 homes at $208.87 per home and total cost for the Mill Pond of $7,418.00 proposed to be assessed against 63 homes. One year assessment to be paid in 1989. Steven Snyder, 4601 Sunnyside Road, stated his objection referred to that portion of the assessment that relates to the use of chemicals to control aquatic vegetation. He reiterated he objection as stated in his letter of September 10, 1988 and said, in his opinion, what needs to be addressed is some type of policy to begin a restriction on fertilizer run-off that is occurring into Minnehaha Creek and the Mill Pond that causes the algae and weed growth. He suggested that when the notice of the assessment is sent that the landowners along the creek and pond be told that there are options other than phosphorous based fertilizers that could be used on backyards sloping to the creek. accomplish the same thing without stimulating the weed growth. adjacent landowners don't realize the relationship between phosphorous fertilizers applied to areas sloping to the creek and pond and the weed growth that occurs in the Mill Pond. Also, steps should be taken to work with the up-stream communities to see if the same type of policy could be achieved which eventually would result in a beneficial impact in restoring the creek and the pond to a more natural condition. Following discussion of the issues raised by Mr. Snyder, Manager Rosland said staff would develop a proposed policy for future use of chemicals relating to Minnehaha Creek and the Mill Pond. Assessment approved by motion of Member Smith, seconded by Member Turner and carried unanimously. 4. STREET IMPROVEMENT NO. BA-272 Engineer Hoffman presented analysis of assessment for Street Improvement NO. BA-272 showing total construction cost of $14,230.70 proposed to be assessed against 10 lots at $1,423.07 per assessable lot, against estimated assessment of $2,241.18 per lot. Nitrogen based fertilizers are available and He added that No further objections were heard. (Assessment levied by resolution later in Minutes. Location: Dearborn Court in Dearborn Addition and Blake Woods Addition Assessments to be spread over 10 years. No objections were 9/19/88 256 _- heard and no wirtten objections to the proposed assessment were received hereto. Assessment approved by motion of Member Richards, seconded by Member Turner and carried unanimously. (Assessment levied by resolution later in Minutes.) 5. STREET IMPROVEMENT NO. BA-273 Location: Antrim Terrce in Edina Oaks Addition Engineer Hoffman presented analysis of assessment showing total construction cost of $10,523.35 for Street Improvement No. BA-273 proposed to be assessed against 5 assessable lots at $2,104.67 per assessable lot, against estimated assessment of $2,284.50 per lot. were heard and no written objections to the proposed assessment were received hereto. and carried unanimously. (Assessment levied by resolution later in Minutes.) Assessments are to be spread over 10 years. No objections Assessment approved by motion of Member Smith, seconded by Member Turner I 6. STREET IMPROVEMENT NO. BA-275 Location: Green Farms Road from the North line of Parkwood Knolls 21st Addition to the North line of Parkwood Knolls 22nd Addition. Apple Lane from Green Farms Road West to west to West line of Parkwood Knolls 22nd Addition Engineer Hoffman presented analysis of assessment showing total construction cost of $30,992.48 for Street Improvement No, BA-275 proposed to be assessed against 16 assessable lots at $1,9937.03 per assessable lot, against estimated assessment of $2,826.19 per lot. 5109 Green Farms Road, stated he did not object to the proposed assessment but that the road as constructed does not drain storm water from his property. Engineer Hoffman reponded that there may have been some settlement and that it can be repaired if necessary under warranty of the contract. No objections were heard and no written objections to the proposed assessment were received hereto. Assessment approved by motion of Member Smith, seconded by Member Turner and carried unanimously. Assessments are to be spread over 10 years. Douglas Jordal, (Assessment levied by resolution later in Minutes.) 7. STREET IMPROVEMENT NO. BA-276 I Location: Green Farms Road from the North line of Parkwood Knolls 22nd Addition to Interlachen Road. Green Farms Court from Interlachen Road to cul-de-sac. Interlachen Court from Interlachen Road to cul-de-sac. to 123 feet plus or minus East of Ridge Road Interlachen Road from West line of Interlachen Heights Engineer Hoffman presented analysis of assessment showing total construction cost of $68,666.09 for Street Improvement No. BA-276 proposed to be assessed against 21 assessable lots at $3,235.04 per assessable lot and against 115 assessable feet at $6.35 per foot (curb/gutter only - 2 lots), against estimated assessment of $3,788.32 per lot and $6.25 per foot. Assessments are to be spread over 10 years. No objections were heard and no written objections to the proposed assessment were received hereto. Assessment approved by motion of Member Smith, seconded by Member Turner and carried unanimously. Minutes. ) Following the presentation of analysis of assessments and approval, Member Kelly introduced the following resolution and moved its adoption: I- (Assessment levied by resolution-later in SPECIAL ASSESSMENTS LEVIED ON ACCOUNT OF VARIOUS PUB'LIC IMPROVEMENTS BE IT RESOLVED by the City Council of the City of Edina, Minnesota, as follows: 1. assessment rolls for the improvements hereinafter referred to, and at such hearings held on September 19, 1988, has considered all oral and written objections presented against the levy of such assessments. 2. Each of the assessments as set forth in the assessment rolls on file in the office of the City Clerk for the following improvements: The City has given notice of hearings as required by law on the proposed Tree Removal Project No. TR-88 Aquatic Weeds Improvement No. BA-272 Street Improvement No. BA-272 Street Improvement No. BA-273 Street Improvement No. BA-275 Street Improvement No. BA-276 does not exceed the local benefits conferred by said improvements upon the lot, tract or parcel of land so assessed, and all of said assessments are hereby adopted and confirmed as the proper assessments on account of said respective improvements to be spread against the benefitted lots, parcels and tracts of land described therein. 3. The assessments shall be payable in equal annual installments, the first of said installments, together with interest at a rate of 9.0% per annum on the entire assessment from the date hereof to December 31, 1989, to be payable with the general taxes for the year 1989. added interest at the above rate for one year on all then unpaid installments. The number of such annual installments shall be as follows: TREE REMOVAL PROJECT NO. TR-88 (LEVY NO. 11186) 1 year (LEVY NO. 11187 5 years AQUATIC WEED IHPROVEKEXC NO. 84-88 1 year STREET IHPROVEKENT NO. BA-272 10 years STREET IHPROVEKEN!J! NO. BA-273 10 years STREET IMPROVEMENT NO. BA-275 10 years STREET IMPROVEMENT NO. BA-276 10 years I To each subsequent installment shall be Name of Improvement Number of Installments 9/19/88 257 m a 4. The City Clerk shall forthwith prepare and transmit to the County Auditor a copy of this resolution and a certified duplicate of said assessments with each then unpaid installment and interest set forth separately, to be extended on the tax lists of the County in accordance with this resolution. 5. The City Clerk shall also mail notice of any special assessment which may be payable by a county, by a political subdivision, or by the owner of any right-of-way as required by Minnesota Statutes, Section 429.061, Subdivision 4, and if any such assessment is not paid in a single installment, the City Treasurer shall arrange for collection thereof in installments, as set forth in said Section. Motion for adoption of the resolution was seconded by Member Turner. Rollcall : Ayes: Kelly, Richards, Smith, Turner, Courtney Resolution adopted. PRELIMINARY REZONING TO PSR-4 PLANNED SENIOR CITIZEN DISTRICT AND PRELIMINARY PLAT APPROVED FOR ELDER HOMESTEAD (RPI SERVICES. INC.). Affidavits of Notice were presented by Clerk, approved and ordered placed on file. presented the request of RPI Services, Inc. for preliminary rezoning from PRD-4 Planned Residence District to PSR-4 Planned Senior Citizen District and preliminary plat approval for Elder Homestead, generally located in the northwest quadrant of the intersection of York Avenue and Parklawn Avenue. The subject property is currently an undeveloped site of 83,302 square feet owned by 7500 York, which is located across Parklawn Avenue to the south, which is open space to satisfy their zoning requirements. subject property ultimately through a two-way swap of land with 7500 York after acquiring a vacant parcel immediately southwest of the site across Parklawn Avenue that is adjacent to 7500 York so that 7500 York may maintain its open space requirement. southwest of the subject site is currently within the Centennial Lakes project (Hedberg) and is zoned MDD-6 Mixed Development District. the proposed development for the subject site, the vacant parcel would be rezoned from MMD-6 to PRS-4 Planned Residence District which would be the same as the zoning carried by 7500 York. unit building with the units arranged in clusters. Since that time a revised plan has been submitted for a three-story, 72 unit.building. arranged in 4-unit clusters, each unit being approximately 450 square feet in area which would share a common parlor area of an additional 450 square feet. Individual units would have kitchen, sleeping and bathroom facilities. Planner Larsen pointed out that this use is a new concept in housing and the question arose as to whether the zoning should be Planned Senior Citizen District or as a nursing home. Staff took the position that since each unit for each resident will be complete and will have all facilities as opposed to a nursing home room that it should be zoned Planned Senior Citizen District. building will operate essentially as a nursing home. floor plan has been submitted, together with a proof of parking plan as suggested by the Community Development and Planning Commission. building zoned Planned Senior Citizen District the Zoning Ordinance would require a total of 54 parking spaces, with 20 enclosed spaces. required to enter into a proof of parking agreement so that, if in the future we found that the additional parking spaces were needed, the proponents would be forced to provide them. development of the project; 34 surface parking spaces would be provided as it is anticipated that the demand for parking will be minimal because of the age of the individuals who would occupy the units. in, right turn out from southbound York Avenue. recommended that the curb cut be eliminated when they reviewed the project. Ultimately, it would have to approved by Hennepin County. concluded his presentation by advising that the Planning Commission at its meeting of September 7, 1988 recommended preliminary rezoning and preliminary plat approval with several conditions including final rezoning, final plat approval, successful exchange of the parcels between the proponents and 7500 York, proof of parking agreement, standard 24-foot drive aisle width, approved drainage and landscaping plans, dedication of sufficient right of way along York Avenue sufficient to create a right turn in from southbound York to westbound Parklawn, understanding that the sidewalk along Parklawn would subject to their maintenance, and installation of street light wires for future traffic signals. Planner Larsen advised that the proponents were present to answer questions. Member Turner asked what is allowed in terms of density for the proposed zoning classification. Planner Larsen explained that the Zoning Ordinance limits the density of the site to 67 units by requiring a lot area of 1,250 square feet per dwelling unit. A credit of 250 square feet per unit would be applied if the project were within 2000 feet of the France Avenue 1-494 interchange. 2800 feet from the interchange. If the credit were applied, 83 units would be permited on the site. Member Turner asked if the use for the site is what was envisioned regarding traffic in the southeast Edina area. responded that in the context of traffic this is an excellent use and would be a low traffic generator. this type of development. Amid Elness, project architect, explained that they Planner Craig Larsen The propoents are proposing to develop the Planner Larsen explained that the vacant parcel immediately Following approval of The original proposal called for a four-story, 80 All units would be In effect, the use of the A site plan and conceptual Normally, for a 72-unit The developers would be At this time, the garages would not be installed with the The site plan illustrates a right turn The Planning Commission Planner Larsen The project is approximately Planner Larsen Member Smith asked the proponents as to their success with 258 91 19/88 started this type of project four years ago in Minnetonka to provide a new form of care for the frail elderly that was not quite nursing home or apartment. 4-unit cluster would be occupied by four individuals who essentially would live like a family, each with own kitchen and bath but also with a high care component. As to the market, it does not really fit the category of senior housing in the traditional sense. It will not compete for the independent more active seniors in their housing types scattered through the City. Mr. Elness reiterated the low impact the development would have on traffic in the area and also spoke in support of the curb cut on York Avenue, both as a convenient approach for emergency vehicles and visitors. In response to questions of Member Smith, Mr. Elness presented graphics and explained the features of each floor of the units. He indicated that it would be a very residential, non-institutional environment. Member Kelly asked what the units would rent for. development in Minnetonka the rates are $1,400/1,700 per month or approximately 60% of the cost of a care package in a nursing home. The development is designed for individuals who basically can get through the day alright with a little bit of help, i.e. help with dressing, reminder to take medications, main meals prepared. He explained that there is no medical director in the context that you would have in a nursing home but all the orders for the residents who would live here are under the direction of a physician with a full quality assurance review program run by Methodist Hospital for fihe residents. of a Medicare certified home health agency so that if any care is covered by Medicare that reimbursement can be gotten for the residents. No further comment or objection being heard, Member Kelly moved First Reading of the zoning ordinance and adoption of the resolution for preliminary plat approval as follows, subject to final rezoning, final plat approval, successful exchange of the parcels between the proponents and 7500 York, proof of parking agreement, standard 24-foot drive aisle width, approved drainage and landscaping plans, dedication of sufficient right of way along York Avenue sufficient to create a right turn in from southbound York to westbound Parklawn, understanding that the sidewalk along Parklawn would be subject to their maintenance, and installation of street light vires for future traffic signals, and no curb cut on York Avenue: Each I Mr. Elness said that in their All of the aides and nurses are part ORDINANCE NO. 825-827 AN ORDINANCE AMENDING THE ZONING ORDINANCE (NO. 825) BY REZONING PROPERTY TO PSR-4 PLBNNED SENIOR RESIDENCE FROM PRD-4 PLANNED RESIDENCE DISTRICT THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, ORDAINS; Section 6 of Ordinance No. 825 of the City is amended by adding the following thereto: Section 1. "The extent of the Planned Senior Residence District (Sub-District PSR-4) is enlarged by the addition of the following property: Outlot A, Ebenezer Society 1st Addition The extent of the PRD-4 Planned Residence District is reduced by removing the property described above from the PRD-4 District." Sec. 2. This ordinance shall be in full force and effect upon its passage and publication. RESOLUTION GRANTING PRELIMNBRP PLAT APPROVAL FOR ELDER HOMESTEAD BE IT RESOLVED by the City Council of the City of Edina, Minnesota, that that certain plat entitled "EIDER HOMESTEBD", platted by RPI Services, Inc. and presented at the regular meeting of the City Council of September 19, 1988, be and is hereby granted preliminary plat approval. Motion for First Reading of the ordiance and adoption of the resolution was seconded by Member Turner. Rollcall : Ayes: Kelly, Richards, Smith, Turner, Courtney First Reading'granted, resolution adopted. PRELIMINARY REZONING TO R-2 DOUBLE DWELLING UNIT DISTRICT AND PRELIMINARY PLAT FOR ERHARDT ADDITION CONTINUED TO 10/17/88. Clerk, approved and ordered placed on file. for preliminary rezoning to R-2 Double Dwelling Unit District and preliminary plat approval for property located in the southeast quadrant of the Brookview Avenueflalley View Road intersection. property is currently developed with a single family dwelling with an out building existing on the easterly portion or Valley View Road side of the property. site is defined as a through lot with 115 feet of frontage on Brookview Avenue and 156 feet of frontage on Valley View Road. The preliminary plat proposed to divide the property creating one new buildable lot. The new lot will front on Valley View Road. District to allow the construction of a double bungalow. Brookview Avenue will remain as a single family dwelling lot. The new lot exceeds the lot width requirement for an R-2 lot but would require a variance from the 15,000 square foot lot area requirement; the lot contains 12,476 square feet. The remaining single family lot would require a variance from the 15 foot rear setback requirement and the 120 foot lot depth requirement; the lot measures 104 feet at the center. The Comprehensive Plan illustrates the area fronting on Valley View as suitable for low density attached residential. Existing buildings along Valley Affidavits of Notice were presented by Planner Larsen presented the request -* I +. The Brookview Avenue side of the subject The It is proposed that the new lot be zoned R-2 Double Dwelling Unit The lot fronting on 9/19/88 259 I CU Lo Ln I a a I I View Road contain between two and five units. Lot sizes range between 10,000 and 15,000 square feet. The R-2 lot immediately to the south of the subject property has an area of 11,500 square feet. minor deficiencies from the ordinance requirements, staff believes there are several reasons to support the proposal. Lot Size - The area of the double dwelling unit lot is below the requirement, however, it is compatible with the other R-2 properties in the vicinity. The R-1 lot exceeds the ordinance minimum as proposed and is larger than several other R-1 lots on Brookview. Character and Symmetrv - The streetscape along Brookview Avenue will remain unchanged. The R-1 properties along Brookview are not impacted by the proposal. The new double dwelling on Valley View Road will appropriately fill in a noticeable gap. unit will be developed within all required setbacks and orients logically to Valley View Road. The proposed plat and rezoning is consistent with the principles and land use designations set forth in the Comprehensive Plan. Planner Larsen advised that the proposal was considered by the Community Development and Planning Commission on September 7, 1988 and recommended preliminary rezoning and plat approval, subject to final rezoning, final plat, subdivision dedication, curb cut location approval and separate utility connections. present to answer questions. property which was the home of his maternal grandparents. summer of 1987 they made inquiries as to the possibility of constructing a double bungalow on the rear of the lot. year, they are now pursuing the project with plans to live on this property when they retire. substantial variances that are involved. Mr. Erhardt said the variances were discussed and the Commission's questions were answered. Mr. Ehrhardt to support their.request for variances. Mr. Erhardt explained that most of the lots along Valley View square footage wise are smaller than the variance on the square footage on the proposed lot fronting on Valley View. discussions with City staff and the surveyor it was determined that the proposal was the best use of that lot. Member Turner said the use makes sense but that she had trouble finding justification for the variances and that she was concerned about the impact on the single family neighborhood. if the lot line were drawn perpendicular to Brookview Avenue instead of diagonally that the variance needed for the single family lot would not be as great and it would maintain a rectangular lot on Brookview . Member Richards commented that he did not feel there is justification for the requested variances so that there could be three dwelling units where now just one exists. one of the questions raised at the Planning Commission meeting was how many units would the square footage of the subject property handle and the answer was a minimum of three. order to construct three units. The reponse was where there is an existing single family house that fits Brookview why not build a double on the back portion of the lot which would front on Valley View. re-orienting the proposed lot line to eliminate the setback variance for the single family lot and how a double could be sited on the new lot fronting Valley View Road. Member Richards made a motion to continue the hearing for approval of the rezoning to R-2 Double Dwelling Unit District and preliminary plat for Erhardt Addition to the meeting of October 17, 1988 to give the proponents time to revise the preliminary plat and provide information on the sizes and dimensions of other lots in the area. Motion was seconded by Member Turner. Planner Larsen explained that despite the The new Communitv Planning - He noted that the proponents, Ronald and Robert Erhardt were Ronald Erhardt gave a brief history of the subject He stated that in the With the decease of their mother earlier this Member Turner asked if the Planning Commission discussed the Member Turner then asked In Member Smith suggested that Mr. Erhardt said that The issue then was should the existing house be removed in There was further discussion on Ayes: Kelly, Smith, Richards, Turner, Courtney Motion carried. *PRELIMINARY PLAT APPROVAL FOR EDINA HIGHLANDS 2ND ADDITION CONTINUED TO 10/3/88. Motion was made by Member Kelly and seconded by Member Turner to continue the hearing for preliminary plat approval for Edina HIghlands 2nd Addition to October 3, 1988, as requested by the proponent. Motion carried on rollcall vote, five ayes. *CONDITIONAL USE PERMIT GRANTED FOR EDINA COMMUNITY LUTHERAN CHURCH. Motion was made by Member Kelly and seconded by Member Turner for adoption of the following resolution, subject to an executed Proof of Parking Agreement prior to issuance of a building permit : WHEREAS, the procedural requirements of Ordinance No. 825 (The Zoning Ordinance) have been met; and WHEREAS, it has been determined that the Findings as required by Ordinance No. 825 have been satisfied; NOW, !WEREPORE, BE IT RESOLVED that the Edina Ctiy Council hereby grants a Conditional Use Permit to Edina Community Lutheran Church, 4113 West 54th Street, for construction of a new sanctuary and conversion of the existing sanctuary to a fellowship hall. RESOLUTION GRANTING CONDITIONAL USE PERMIT Motion carried on rollcall vote, five ayes. PUBLIC HEARING HELD ON ISSUE OF DIVERTING TRAFFIC ON HALIFAX AVENUE. Fran Hoffman advised that approximately 800 notices were mailed to residents in northeast Edina renarding the hearing on divertinp. traffic on Halifax Avenue. Engineer The 9/19/88 260 issue was referred to the Council for final action from the Traffic Safety Committee. Clearly, a split opinion exists on the Committee. Background - This hearing is a result of a petition from residents on Halifax Avenue asking that the traffic patterns on Halifax be changed by diverting traffic. involved increasing through traffic travelling to and from the 50th/France commercial area. the Committee recommended to the Council that a traffic diverter be placed at 51st and Halifax to prevent passage of traffic leaving the 50th/France area. effect of the diverter resulted in an average daily traffic volume of 1,130 being reduced to an average 05 approximately 640. and a disadvantage for residents from 50th and 54th Streets between France Avenue on the east and Minnehaha Creek on the west who had to seek an alternate route. After a test period of two months the diverter was removed. The new traffic count with no diverter was 1,035 vehicles per day. determined that the vast majority of the people who use Halifax Avenue live in the immediate neighborhood or in northeast Edina. whether Halifax Avenue is strictly a local residential street or functionally should work as a neighborhood collector street which serves as access to the 5Oth/France commercial area. As chairman of the Traffic Safety Committee, the following recommendations are presented: a) Leave situation as currently stands and review again after parking ramp is fully open and theatre is in operation, b) Re-install partial diverter as previously existed, and c) Final finding that Halifax functions as a neighborhood collector. Engineer Hoffman then described the four main types of streets within the City and explained the function of each. He also presented a graphic showing weekday and weekend traffic counts in the Halifax neighborhood before and after the traffic diverter was put in place in June and the impact of the diverter on other neighborhood streets. The Traffic Safety Committee in August recommended to the Council that the diverter be removed to see if that attempt had done anything to educate residents living in the subject area. In summary, the counts showed that approximately 100 I vehicles per day less used Halifax Avenue. Engineer Hoffman advised that since the hearing notices were mailed 84 letters had been received in response, of which approximately 35 were in favor of reinstating the diverter and 49 were opposed. Member Smith commented that a number of the letters objected to the closing of Halifax and asked for a clarification. the diverter was just that, to divert traffic from traveling southbound on Halifax Avenue and that there had never been a proposal by the Committee or the Council to close off the street. calling Halifax a neighborhood "collector" street as opposed to a local residential street would it simply be a matter of reflecting the kind of use of the street or does it mean anything more. something to be aware of but that it would not be identified on the map as a city collector street which normally would have traffic counts of 2-3,000 vehicles per day or because it leads to some other connecting point on an arterial street. vehicular use of Halifax Avenue is at the upper end as a local residential street which puts it in a gray area as to its function and therefore the Committee did not have a strong recommendation on the issue. public comment. West 51st Street to West 54th Street were: Sharon Maetzold, 5114 Halifax Av; John Grist, 5324 Halifax Av, who presented results of surveys of Halifax Avenue residents; Ann Bishop, 5324 Halifax Av; Teresa Forliti, 6336 Halifax Av; Jerry Bonn, 5241 Halifax Av; Suzanne Kuntz, 5125 Halifax Av; unidentified woman on St. Johns Av; Mary Thatcher, 5309 Halifax Av; Marsha Bushok, 5312 Halifax Av on behalf of Dorothy LaJoie, 5229 Halifax Av; Dan Smiley, 5308 Halifax Av; Randy Hosler, 5133 Halifax Av; JohnMeenan, 5300 Halifax Av; and Mike Palm, 5308 Oaklawn Av. Speaking in opposition to the diverter were: Tom Kroth, 4075 W. 51st St; John Mackey, 4617 W. 56th St; unidentified man from The Lanterns; Bill McKinney, 5600 Kellogg P1; Charles Brown, 5029 Bruce Av; Elwell McVeety, 5616 Kellogg P1; Linda Maetzold, 5110 Arden Av; Douglas Reite, 5421 Halifax Ln; Roger Bildsten, 5100 Juanita Av; David Kotkov, 5105 Indianola Av; and Laurie Grotz, 5513 Park P1. Member Turnerns motion to close the public hearing was seconded by Member Smith. Motion carried, five ayes. traffic problem not only on Halifax but in the entire neighborhood; that whether or not we call this road a residential street or a neighborhood collector that the City should try to manage the volume, speed and safety situation on Halifax Avenue. Member Turner said that she was opposed to a barrier but felt the following suggestions made the most sense: a) more intense enforcement by the Traffic Enforcement Unit which will impact speed and those who do not heed the stop sign and may eventually impact traffic volume, b) although a local decision, she said if she lived on Halifax she would attempt to get sidewalks installed in view of the number of young children on the street, c) posting advisory speed limit of 25 mph, and d) annual review of the traffic pattern in the area keeping in mind the commercial changes at 50th/France and to make sure that the decisions made for the commerial areas do not negatively impact the residential neighborhoods. Halifax Avenue issues: 1) intense enforcement by the Traffic Enforcement Unit, 2) that a local decision be made regarding sidewalks, 3) posting of 25 mph advisory speed limit signs, and 4) review the area annually as to traffic patterns. Their concerns The residents appeared before the Traffic Safety Committee and The It had a positive effect on Halifax I From license plate studies, it was The issue before the Council is Engineer Hoffman said that the purpose of I Member Turner asked about street classification and by Engineer Hoffman commented that it is , The I .f Mayor Courtney then called for Speaking in support of diverting traffic on Halifax Avenue from Member Turner commented that she agreed there was a I .- Member mer moved the following action with regard to the Motion was seconded by Member Richards. Member Smith commented that 261 m a Halifax Avenue is a narrow street with no sidewalks and is not good geographically. by the people living on Halifax but by residents from other streets who are using Halifax to access the 50th/France area. He said he wished there was a way to solve the Halifax problem without impacting the residents on neighboring streets, that he agreed that the streets belong to all the residents of the City, and that the Council has a responsibility to all the residents as well as to those on Halifax Avenue. household, traffic volumes will continue to increase. He added that he still is a supporter of the barricade, but that has been tempered somewhat by the comments heard, and that the elements of Member Turner's motion make sense, but that he would like to have the Traffic Enforcement Unit specify what they would do in terms of enforcement. Further, Member Smith said he objected to the suggestion to reclassify the function of Halifax Avenue. Halifax Avenue to seriously consider the construction of sidewalks to provide safety for children and pedestrians. to protect all neighborhood residential streets, that this is a hard decision because it involves one street's rights against another, but that she could support the motion. parking could be limited to one side only. area to work together to provide safety for the residents on Halifax Avenue. Member Richards said that there is a sense that the people who are causing the traffic problem are from outside the neighborhood (the larger community of Edina) and asked that the 50th/France Business and Professional Association do an analysis to find out where their business is coming from but if it is the Edina residents that are causing the traffic he would not vote for closing Halifax or any other street; that it is a legitimate concern and if we find that the traffic is coming from outside we should take steps to correct that. Mayor Courtney then called for a rollcall vote on the motion. In listening to the public comments, the problem is not created With the current trend in society of one car per person in a Mayor Courtney urged the residents of Member Kelly commented that she would like She said that sidewalks would be a good idea and that maybe She urged the residents of the entire Rollcall : Ayes: Kelly, Richards, Smith, Turner, Courtney Motion carried. ORDINANCE NO. 1105 ESTABLISHING A STORM WATER DRAINAGE UTILITY ADOPTED: SECOND READING WAIVED. Engineer Hoffman advised that at the conclusion of the public hearing conducted on August 15, 1988 on a storm drainage utility, the Council had authorized development of an ordinance to establish same. Council had requested additional information on two issues: 1) fee structure for schools vs. churches, and 2) tax benefits for citizens. Staff had looked at land uses and had assiged equivalency factors in terms of storm water runoff. In reviewing the analysis for each school and church site, the school ratio that was developed was exact. The analysis had produced 10 classes of land uses. With regard to churches, staff found that the smaller the site the larger was the impervious percentage. It was finally determined that 40/50% impervious was where we ought to be for churches. the financial impact of the school and church ratio was very small when considering the utility system as a whole. and double family units the annual fee would be $20.00 of which there could be several dollars tax savings. For multiple, commercial and industrial, those properties would probably pass the cost on and would not probably change how they operate. Schools, churches, institutions, parks, golf courses and cemeteries in some cases may not pay any taxes whatsoever. drainage utility proposal was not to use a general tax increase but to establish a utility fund to provide for storm drainage improvements. question was the class for institutional. Some of these properties look like commercial properties, i.e. Fairview Southdale Hospital, YMCA, 'and have enough hard surface to be placed in the commercial category. the institutional category be dropped and those properties be called commercial. For the benefit of the public present, Engineer Hoffman explained that the storm water drainage utility ordinance is up for First Reading and if the Council grants First Reading that later in the agenda Council will act on the proposal to sell revenue bonds to provide the funding to start some of the storm drainage projects. Member Smith questioned dropping the institutional category. Attorney Erickson suggested that commercial and institutional be combined. No further comment being heard, Member Smith moved First Reading and adoption of the ordinance, with waiver of Second Reading as follows: At the hearing the Engineer Hoffman presented a graphic showing that Regarding tax implications, for single He recalled that the storm water He said that one other Staff would suggest that ORDINANCE NO. 1105 AN ORDINANCE ESTABLISHING A STORM WATER DRAINAGE UTILITY THE CITY COUNCIL OF THE CITY OF EDINA, MNNESOTA, ORDAINS: Section 1. Storm Water Drainage Utility. (a) Storm Water Drainage Utility Established. The municipal storm sewer system shall be operated as a public utility pursuant to Hinn. Stat. Section 444.075 from which revenues will be derived subject to the provisions of this Ordinance and Minnesota statutes. of the Public Works Department and under the administration of the Public Works Director. The storm water drainage utility will be part (b) Definitions. 9/ 19 188 262 (1) Residential equivalent factor, (REF) - One (1) REF is defined as the ratio of the average volume of runoff generated by one (1) acre of a land use to the average volume of runoff generated by one (1) acre of typical single family residential land, during a standard one (1) year rainfall event. of land shall be determined by multiplying the REF for a parcel's land use by the parcel's acreage and then multiplying the resulting product by the storm water drainage rate. Section 11. Storm Water Drainage Fees. Storm water drainage fees for parcels The REF values for various land uses are as follows: CLASS LAND USES REF 1 Single & Double Family 1.00 2 Multiple 3.00 3 Commercial/Institutional 5.00 4 Schools 1.25 5 Churches 3.00 6 Parks .25 7 Golf Courses .25 8 Cemeteries .25 9 Industrial 5.00 For purpose of calculating storm water drainage fees, all developed one family and duplex parcels shall be considered to have an acreage of .37 acre. vater drainage rate shall be $5.00 per quarter per REF-acre. Works Director, by resolution, for adjustment of the storm water drainage fee for parcels based upon hydrologic data to be supplied by property owners, which data demonstrates a hydrologic response substantially different from the standards used by City to establish the REF. Such adjustments of storm vater drainage fees shall not be made retroactively. The following land uses are exempt from storm water drainage fees . The storm (a) Adjustments. The Council may adopt policies recommended by the Public (b) Exemptions. (1) Public rights of way. (2) Vacant, unimproved land with ground cover. Section 111. Payment of Fee. Statements for storm water drainage fee shall be computed every three (3) months and invoiced by the Finance Department for each account on or about the twentieth (20th) day of the month following the quarter. Such statement shall be due on or before the day of the month stated on the billing. Any prepayment or overpayment of charges shall be retained by the City and applied against subsequent quarterly fees. paying the storm water drainage fee questions the correctness of an invoice for such charge, such person may have the determination of the charge recomputed by written request to the Public Works Director made within sixty (60) days of mailing of the invoice in question by the City. drainage fees not paid when due shall incur a penalty charge of ten percent (10%) of the amount past due. Any past due storm water drainage fees in excess of ninety (90) days past due on October 1 of any year may be certified to the County Auditor for collection with real estate taxes in the folowing year pursuant to Minn. Stat. Section 444.075, Subdivision 3. In addition the City shall also have the right to bring a civil action or to take other legal remedies to collect unpaid fees. Section IV. The City Council may, by ordinance, increase, diminish or change the amount and basis of the drainage fee herein established, fromtime to time. Section V. This Ordinance shall be in full force and effect from and after its passage and publication. (a) Recalculation of Fee. If a property owner or person responsible for (b) Penalty for Late Payment. Each quarterly billing for storm water * I 1 (c) Certification of Past Due Fees on Taxes. ATTEST : Motion fog adoption of the ordinance was seconded by Member Kelly. Rollcall : Ayes: Kelly, Richards, Smith, Turner Nays : Courtney < ._ A .-> - Ordinance adopted. Mayor Courtney stated he voted no because of waiver of Second Reading Y *BID AWARDED FOR ONE TEST WELL FOR WELL DEVELOPMENT. Motion was made by Member Kelly and seconded by Member Turner for award of bid for one test well for well development to recommended low bidder, Keys Well Drilling, at $17,850.00. Motion carried on rollcall vote, five ayes. *BID AWARDED FOR SIDEWALK IMPROVEMENT NO. S-44 (GLEASON RD FROM VALLEY VIEW RD TO LOCHMOOR DRIVE - CONTRACT #88-7). Member Turner for award of bid for Sidewalk Improvement No. S-44 (Gleason Road from Valley View Road to Lochmoor Drive - Contract #88-7) to recommended low bidder, Gunderson Brothers Cement Contractors Company, Inc., at $72,945.15. Motion vas made by Member Kelly and seconded by Motion carried on rollcall vote, five ayes. 9 / 19188 ~ 5 >' 263 TRAFFIC \FER COMMITTEE MINUTES OF SEPTEMBER 13, 988 APPROVED. Motion of Member Kelly was seconded by Member Turner to approve the following recommended action listed in Section A of the Traffic Safety Committee Minutes of September 13, 1988: 1) To implement the engineering recommendations of advisory signing and road resurfacing in the 7600 block of Gleason Road along with installation of bollard and chain based on concurrence by affected residents, 2) Installation of "NO PARKING, 8 AM-4PM, SCHOOL DAYS" signs on both sides of Chapel Lane, and to acknowledge Sections B and C of the Minutes. Ayes: Kelly, Richards, Smith, Turner, Courtney Motion carried. SEWER AND WATER RATES INCREASE APPROVED. proposed sewer and water rate increases were considered by the Council at its meeting of August 1, 1988 at which time the Council had asked staff to run calculations with the water rate minimum remaining at the current level and to bring the matter back following the public hearing on the storm water utility. Finance Director John Wallin advised that after reviewing the projections staff believes the objectives can be accomplished by way of a $.07 per 100 cu. ft. water rate increase rather than a $.09 increase as presented earlier. to recommend a sewer rate increase from $1.10 cu. ft. to $1.15 per 100 cu. ft. in order to cover MWCC charges. maintain the current minimum charge of $27.10 rather than to increase it to $31.40 as previously recommended. should apply for the first 1800 cu. ft. of usage rather than the present 2000 cu. ft. threshold. Reducing the minimum to 1800 cu. ft. would have little effect on most small water and sewer users and the cost impact for those users between 1800 cu. ft. and 2000 cu. ft. would be nominal. The $.07 per 100 cu. ft. water rate increase would increase total revenues by approximately $210,000 which should cover costs for capital improvements as well as operating costs. Smith moved approval of the following water and sewer rates: Water S.40 per 100 cu. ft. Sewer $1.15 per 100 cu. ft. Minimum Charge $27.10 for first 1800 cu. ft. Manager Rosland recalled that the Staff continues Based upon Council direction, it is proposed to However, it is suggested that this minimum charge This recommendation is made in order to avoid a new tier system. No comment being heard, Member Motion was seconded by Member Turner. Ro 1 lcall : Ayes: Kelly, Richards, Smith, Turner, Courtney Motion carried. EDINA GOLF DOME PURCHASE APPROVED. of September 12, 1988 the Council had considered the proposal to purchase the Edina Golf Dome. The Council had continued the matter so that additional information could be obtained for the Council. In reference to contacting W. H. McFadden, who had raised several questions by letter regarding the purchase, Manager Rosland said Mr. McFadden has been out of town but that he had met with a friend of Mr. McFadden who was involved with the letter. The Park Board also had considered the proposal at its meeting of September 13, 1988 and because of some misconceptions regarding the appraisal they voted to hold on their recommendation. Subsequently, after talking with Park Board Chairman Christianson, a meeting of the Park Board was held today at which three concerns were answered: 1) That the building owned by the City was included in the appraisal - Response, it was not; 2) If the dome was insurable - Response, yes it is insurable which is included in the proposed cost analysis; and 3) What happens if we have a very cold winter, will the heat go up - Response, the cost analysis took into account a raise in heating costs. 10-year amortization schedule which was also included in the cost analysis and it still shows a projected cash flow of $48,000-50,000. the key reasons for the purchase of the golf dome is to help pay for the bond indebtedness for improvements to Braemar Arena. Also, it will enable the balancing of work for fulltime employees at Braemar Golf Course during the winter months. Manager Rosland stated that following the presentation of the additional information the Board voted to recommend purchase by the City of the Edina Golf Dome. He noted that if the Council approved the purchase that later in the agenda the proposed recreational bond sale will include an increase of $575,000 to fund the purchase. of the following resolution: BE IT RESOLVED that the City Council of the City of Edina, Minnesota hereby approves the purchase by the City of the Edina Golf Dome at a cost of $575,000, BE IT FURTHER RESOLVED that the Mayor and Manager are hereby authorized and directed to execute a Purchase Agreement between Golf Domes, Inc. a Minnesota corporation, as Seller, and the City of Edina, a Minnesota corporation, as Buyer, for acquisition of same. Motion for adoption of the resolution was seconded by Mayor Courtney. Manager Rosland recalled that at its meeting Manager Rosland said that the proposed bonds are based on a He reiterated that one of Following discussion on the proposal, Member Turner moved adoption RESOLUTION Rollcall : Ayes: Kelly, Richards, Turner, Courtney Nays: Smith Resolution adopted. 9/19/88 264 REPORT ON R .DON G S REFERRED TO COMMUNITY IEALTH SERVICES ADVISORY COMMITTEE. Sanitarian Dave Velde commented that there has been a lot of media lately about radon gas in homes and at this time we are uncertain as to what levels exist in the City of Edina. that occurs naturally in the environment as a decay product of uranium and thorium, elements found in the earth’s crust. Radon is an inert, or chemically inactive gas. As radon decays, it breaks down into more chemically active particles. cancer in underground miners working in poorly ventilated areas. The potential for significant public health impact due to chronic exposure to low level radon concentrations is being examined by the scientific community. Radon enters a building through cracks or openings that are exposed to the surrounding soil, e.g. sewer pipes, sump pumps, cracks in the foundation, joints between walls and floors. picoCurie per liter (pCi/l) of air - a common unit of measurement of the concentration of radioactivity in a substance. A state-wide survey was done in 1,000 homes in Minnesota over the last three months and the levels found ranged from 0.5 picoCuries per liter up to 42. The action level according to EPA would be 4 picocuries per liter and for anything above that level the homeowner should take some action to reduce the chance for radon entering the home. In speaking with the Minnesota Department of Health it was learned that six homes have been tested in Edina and the radon concentrations ranged from 0.9 to 16.5 picocuries per liter. The Minnesota Department of Health would not share information as to locations. kits and ask for volunteers in the community to place them in their homes. The kits would be the short-term charcoal canisters and the testing is proposed for the months of December and January. funds used to inform residents where they can purchase the kits to do their own testing rather than for the City to get into the testing business. it was not his intention to develop a testing program but rather to do a sampling in the community to add to the data base. Member Smith said there are enough public facilities to obtain a sampling. Member Turner asked if the same date could be obtained using public buildings. Mr. Velde said the reason for the concern of radon in homes more recently is because of the energy conservation measures that have taken place in construction of homes. be done in some of the newer public facilities and some kind of reading could be gotten but it would not duplicate a home environment. discussion, Member Kelly moved that this be referred to the Community Health Services Advisory Committee for their recommendation to be brought back to the Council on October 3, 1988. Radon is an odorless, colorless and tasteless radioactive gas Exposure to high concentrations of radon has been associated with lung He explained that radon concentrations are commonly expressed in Sanitarian Velde recommended that the City purchase 10 radon detection Member Smith said he would rather see the Mr. Velde said Sampling could probably Following further Motion was seconded by Member Turner. Ayes: Kelly, Richards, Turner, Courtney Nays: Smith Motion carried. 1988 NLC CONGRESS OF CITIES TO BE HELD DECEMBER 3-7 DISCUSSED. Manager Rosland called the Council‘s attention to the 1988 NLC Congress of Cities to be held in Boston on December 3-7 and suggested that the Council consider if any member should attend. half ago the Council had budgeted funds and had felt it was important to send someone. the brochure and discuss this further at the meeting of October 3, 1988. The Council informally agreed to this procedure. Member Turner reminded the Council that approximately a year and a Following discussion, Manager Rosland suggested that the Council study I .. -I *STATUS OF WEST 69TH STREET BETWEEN FRANCEBOX NOTED. City Engineer stated that the Center Companies, Galleria and City staff met once to discuss the issue of West 69th Street as it abuts both properties. of the meeting were that the traffic engineers for both parties and City engineering staff work out a traffic flow plan acceptable to both sides. engineers have met and reached an alternative solution which should meet traffic demands on both sides of the street. finalized but the plans are developed enough that City staff would accept the preliminary plans as a guide to follow in development of preliminary construction plans. *PETITION FOR WATERMAIN EXTENSION FOR 10 AND 11 WOODLAND ROAD REFERRED TO ENGINEERING DEPARTMENT. Turner to refer the petition for watermain extension for 10 and 11 Woodland Road to the Engineering Department for processing. Motion carried on rollcall vote, five ayes. PAFX BOARD MINUTES OF SEPTEMBER 13, 1988 TO BE DISCUSSED. Member Richards asked that the Council save for future discussion the Park Board Minutes of September 13, 1988 with regard to several issues: 1) Creation of Braemar Golf Association, 2) Dekhockey Proposal for Lewis Park, and 3) Evergreen Bible Church Proposal to Rent Arneson Acres. He said he was concerned about who makes these decisions and felt that the Council has the ultimate responsibility. PHILOSOPHICAL DISCUSSION ON BUDGET PROCESS REQUESTED. Member Smith asked that the Council hold a philosophical discussion on the budget process as to creativity and A written report by the The results The The geometric details have yet to be _. .. No action is needed by the Council at this time. ._ Motion was made by Member Kelly and seconded by Member 265 N m m r m a funding for new programs. come out when the 1989 Budget is adopted at the next meeting. advised that as requested by the Council additional information has been provided concerning the proposed 1989 Budget and asked that the Council Members call staff if they have further questions so that the answers can be provided prior to the meeting on October 3, 1988 when the budget will be adopted. Member Turner said that some of those issues should Manager Rosland LETTER FROM DR. BYRON ARMSTRONG NOTED. September 14, 1988 from Dr. Byron Armstrong, 4119 W. 62nd Street, regarding several issues affecting his property. the City perceives the issues and would provide that information for the Council before responding to Dr. Armstrong. RESOLUTION ADOPTED AUTHORIZING ISSUANCE AND SALE OF $10,175,000 G.O. TAX INCREMENT BONDS. SERIES 1988: $5,100.000 G.O. TAXABLE TAX INCREMENT BONDS. SERIES 1988; $3,160.000 UTILITY REVENUE BONDS, SERIES 1988: AND $2,470,000 G.O. RECREATIONAL FACILITY BONDS, SERIES 1988. Manager Rosland recommended that the Council authorize the issuance and public sale of bonds to finance the Hedberg project as well as the storm sewer utility projects, water utility projects and the arena project. solicit bids only for the bonds necessary to finance the acquisition of the public property, pay park fees, and cover legal and administrative costs. It is suggested that bonds to finance the park improvements and other development related costs be sold later after the land acquisition phase is completed. Richards introduced the following resolution and moved its adoption: RESOLUTION RELBTING TO $10,175,000 GENERBL OBLIGATION TAX INCREMENT BONDS, SERIES 1988; AUTHORIZING THE ISSUANCE AND CALLING FOR !CHE PUBLIC SALE THEREOF Manager Rosland referred to a letter dated He said staff would research the facts as In regard to the Hedberg project, it is recommended that the City Member BE IT RESOLVED by the City Council of the City of Edina, Minnesota (the City), as follows : 1. Authorization. 1.01. Pursuant to the provisions of Minnesota Statutes, Section 469.178 Minnesota Statutes, Chapter 475, the City Council of the City does authorize the issuance and sale of its General Obligation Tax Increment Bonds, Series 1988 (the Bonds) in the principal amount of $10,175,000, including every item of cost of the kinds authorized in Minnesota Statutes, Section 475.56, $190,000 of such amount representing interest as provided in Minnesota Statutes, Section 475.56, for the purpose of providing funds for the payment of a portion of the public redevelopment costs to be paid or incurred by the City and the Housing and Redevelopment Authority of Edina, Minnesota (the HRA) in connection with a redevelopment project being undertaken pursuant to the Southeast Edina Redevelopment Plan of the HRA. 2. of sale hereinafter prescribed for the purpose of receiving sealed bids and awarding sale of the Bonds. cause a public notice of the time, place and purpose of the meeting to be published in the official newspaper of the City, and in a daily or weekly periodical, published in a Minnesota City of the first class, which circulates throughout the state and furnishes financial news as a part of its service, once not less than ten days before the date of said meeting in substantially the following form: Sale. This Council shall meet at the time and place specified in the notice The City Clerk is hereby authorized and directed to NOTICE OF BOND SALE $10,175,000 GENERAL OBLIGATION TAX INCREMENT BONDS, SERIES 1988 CITY OF EDINA, MINNESOTA NOTICE IS HEREBY GIVEN that sealed bids for the purchase of $10,175,000 General Obligation Tax Increment Bonds, Series 1988, (the Bonds), of the City of Edina, Minnesota (the City), will be received at the office of the City Manager until 2:OO o'clock p.m., on Monday, October 3, 1988, at which time the bids will be opened and tabulated. The City Council will meet in the City Hall in the City at 7:OO o'clock, p.m., that same date to consider the bids and award the sale of the Bonds. undertaken by the Housing and Redevelopment Authority of Edina, Minnesota. Bonds will be issuable as fully registered bonds in the denomination of $5,000 or any integral multiple thereof, will be dated, as originally issued, as of October 1, 1988, and will mature on February 1 in each year as follows: The Bonds will be issued to finance a redevelopment project to be The Year Amount Year Amount Year Amount 1995 $250,000 2000 $425,000 2005 $ 750,000 1996 75,000 2001 475,000 2006 825,000 1997 175,000 2002 525,000 2007 1,325,000 1998 250,000 2003 625,000 2008 1,650,000 1999 325,000 2004 700,000 2009 1,800,000 Interest will be payable on each February 1 and August 1 commencing August 1, 1989, to the registered owners of the Bonds appearing of record in the bond register as of the 15th day (whether or not a business day) of the immediately preceding month. Bonds maturing in 1999 and later years are each subject to redemption and prepayment at the option of the City and in whole or in part, and if in part, inverse order of maturities and by lot assigned in proportion to their principal amount within any maturity, on February 1, 1988 and any interest payment 9/19/88 266 date thereafter at a price equal to the principal amount thereof to be redeemed plus accrued interest. Minneapolis, Minnesota. additional information may be obtained from the undersigned or from Public Financial Systems, Inc., 512 Nicollet Hall, Suite 550, Minneapolis, Minnesota 55402; telephone 612-333-9177, financial consultants to the City. Dated: September 19,'1988. A legal opinion will be furnished by Dorsey & Whitney, of Copies of a statement of Terms and Conditions of Sale and BY ORDEJl OF THE CITY COUNCIL. Marcella H. Daehn, City Clerk City of Edina, Minnesota 3. Terms and Conditions of Sale. The following statement of Terms and Conditions of Sale shall constitute the terms and conditions for the sale and issuance of the Bonds and such terms and conditions are hereby authorized to be incorporated in material distributed to prospective bidders for the Bonds: I $10,175,000 G.O. Tax Increment Bonds Notice of Sale/Terms and Conditions Sealed bids for the purchase of $10,175,000 General Obligation Tax Increment Bonds, Series 1988 (the Bonds) of the City of Edina, Minnesota (the City) will be received at the office of the City Manager, until 2:OO p.m., on Honday, October 3, 1988, when they will be opened, read and tabulated. The bids will be presented to the City Council for consideration at a meeting to be held at the City Hall at 7:OO p.m. on the same date. which the bids for the Bonds will be received, the sale thereof awarded and the Bonds issued. The Bonds will be issued for the purpose of financing a portion of the public costs of the S.E. Edina Redevelopment Project Area, in the principal amount of $10,175,000 in accordance with the provisions of Minnesota Statutes, Chapters 475 and 469. The Bonds will bear a date of original issue as of October 1, 1988, will be in fully registered form and in denominations of $5,000 or any integral multiple thereof, of single maturities, and will mature on February 1 in the following years and amounts: This is a statement of the terms and conditions upon Purpose me. Denomination and Maturities Year Amount Year Amount - Year Amount 1995 $250,000 2000 $425,000 . 2005 $ 750,000 1996 75,000 2001 475,000 2006 825,000 1997 175,000 2002 525,000 2007 1 , 325 , 000 1998 250,000 2003 625,000 2008 1,650,000 1999 325,000 2004 700,000 1009 1,800,000 I Redemtion The Bonds maturing in 1999 and subsequent years will 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 by lot within a maturity, on February 1, 1998 and any interest payment date thereafter, at a price equal to the principal amount thereof to be redeemed plus accrued interest to the date of redemption. Interest Payment Dates and Rates Interest will be payable on August 1, 1989 and semiannually thereafter on each August 1 and February 1, to the registered owners of the Bonds appearing of record in the bond register as of the close of business on the 15th day (whether or not a business day) of the immediately preceding month. must bear interest from date of original issue until paid at a single, uniform rate, not exceeding the rate specified for Bonds of any subsequent maturity. rate must be expressed in an integral multiple of 1/8 or 5/100 of 18, not exceeding the rate specified for Bonds of any subsequent maturity. Bond Registrar. Transfer Apent and Paving Agent The City will designate and contract with a bank, financial institution or trust company to act as Bond Registrar, Transfer Agent and Paying Agent (the Registrar). The Bond Register will be kept, principal and interest will be paid to the registered owner of each Bond and transfers of ownership will be effected by the Registrar. Registrar for such services. All Bonds of the same maturity Each The City will pay the reasonable and customary charges of the The City resemes the right to remove the Registrar - _. and appoint a successor. I '_ Deliverv Within 40 days after the sale, the City will deliver to the Registrar the printed Bonds ready for completion and authentication. Bonds must notify the Registrar, at least five business days before delivery of the Bonds, of the persons in whose names the bonds will be initially registered and the authorized denominations of the Bonds to be originally issued. notification is not received by that date, the Bonds will be registered in the name of the original purchaser and will be issued in denominations corresponding to the principal maturities of the Bonds. On the day of closing, the City will furnish to the purchaser the opinion of bond counsel hereinafter described, an arbitrage certification and a certificate verifying that no litigation in any manner questioning the validity of the Bonds is then pending or, to the best knowledge of officers of the City, threatened. Payment for the Bonds must be received by the City at its designated depository on the date of closing in immediately available funds. The original purchaser of the If -_ Legal minion 9/19/88 267 u-) I m a An opinion as to the validity of the Bonds and the exemption from taxation of the interest thereon will be furnished by Dorsey & Whitney, of Minneapolis, Minnesota and will be printed on the Bonds. valid and binding general obligations of the City enforceable in accordance with their terms, except to the extent to which enforceability may be limited by state or United States laws relating to bankruptcy, reorganization, moratorium or creditors' rights. Sealed bids must be mailed or delivered to the undersigned and must be received prior to the time established above for the opening of bids. unconditional. with each bid. cashiers check or bank draft. as liquidated damages if the bid is accepted and the bidder fails to comply The good faith deposit will be returned to the purchaser at the closing for the Bonds. interest from date of Bonds to stated maturities less any cash premium or plus any discount) will be deemed the most favorable. $9,985,000 plus accrued interest on all of the Bonds will be considered and the City resemes the right to reject any and all bids and to waive any informality in any bid. CUSIP Numbers The City will assume no obligation for the assignment or printing of CUSIP numbers on the Bonds or for the correctness of any numbers printed thereon, but will permit such numbers to be assigned and printed at the expense of the purchaser, if the purchaser waives any delay in delivery occasioned thereby. Information for bidders and bidding forms may be obtained from the undersigned or from Public Financial Systems, Inc., 512 Nicollet Mall, Suite 550, Minneapolis, Minnesota, 55403; telephone 612-333-9177, financial consultants to the City. Dated: September 19, 1988. 4. Official Statement. The City Manager, in cooperation with Public Financial Systems, Inc., financial consultants to the City, is hereby authorized and directed to prepare on behalf of the City an official statement to be distributed to potential purchasers of the Bonds. statement of Terms and Conditions of Sale set forth in paragraph 3 hereof and such other information as shall be deemed advisable and necessary to adequately describe the City and the security for, and terms and conditions of, the Bonds. Adopted by the City Council on September 19, 1988. The legal opinion will state that the Bonds are Me of Bid and Award Each bid must be A good faith deposit in the amount of $203,500 must be submitted The good faith deposit must be in the form of a certified or The good faith deposit will be retained by the City 'therewith. The bid authorizing the lowest net interest cost (total No oral bid and no bid of less than BY ORDER OF THE CITY COUNCIL Such official statement shall contain the ATTEST : 74& 5% B-dL Mayor J City Clerk Motion for adoption of the resolution was duly seconded by Member Turner and on vote being taken thereof, the following Council Members voted in favor: Kelly, Richards, Smith, Turner, Courtney and the following voted against the same: None whereupon said resolution was declared passed and adopted and was signed by the Mayor and his signature attested by the City Clerk. Member Turner introduced the following resolution and moved its adoption: RESOLUTION RELATING TO $5,100,000 GENERAL OBLIGATION TAX INCREMENT BONDS, SERIES 1988; AUTHORIZING THE ISSUANCE AND CALLING FOR THE PUBLIC SAU THEREOF BE IT RESOLVED by the City Council of the City of Edina, Minnesota (the City), as follows : 1. Authorization. Pursuant to the provision of Minnesota Statutes, Section 469.178 and Minnesota Statutes, Chapter 475, the City Council of the City does authorize the issuance and sale of its General Obligation Taxable Tax Increment Bonds, Series 1988 (the Bonds) in the principal amount of $5,100,000, including every item of cost of the kinds authorized in Minnesota Statutes, Section 475.56, $95,000 of such amount representing interest as provided in Minnesota Statutes, Section 475.56, for the purpose of providing funds for the payment of a portion of the public redevelopment costs to be paid or incurred by the City and the Housing and Redevelopment Authority of Edina, Minnesota (the HRA) in connection with a redevelopment project being undertaken pursuant to the Southeast Edina Redevelopment Plan of the €IRA. 2. Sale. This Council shall meet at the time and place specified in the notice of sale hereinafter prescribed for the purpose of receiving sealed bids and awarding sale of the Bonds. The City Clerk is hereby authorized and directed to cause a public notice of the time, place and purpose of the meeting to be published in the official newspaper of the City, and in a daily or weekly periodical, published in a Minnesota City of the First class, which circulates thoughout the state and furnishes financial news as a part of its service, once not less than ten days before the date of said meeting in substantially the following form: 9/19/88 268 NOTICE OF BOND SALE BONDS, SERIES 1988 CITY OF EDINA, MINNESOTA $5,100,000 GENERBT. OBLIGATION TAXABLE TAX INCREMENT NOTICE IS HEREBY GIVEN that sealed bids for the purchase of $5,100,000 General Obligation Taxable Tax Increment Bonds, Series 1988 (the Bonds), of the City of Edina, Minnesota (the City), will be received at the office of the City Manager until 2:OO o'clock p.m., on Monday, October 3, 1988, at which time the bids will be opened and tabulated. at 7:OO o'clock, pn., that same date to consider the bids and award the sale of the Bonds. undertaken by the Housing and Redevelopment Authority of Edina, Minnesota. Interest on the Bonds will be includible in gross income for federal and State of Minnesota income tax purposes. bonds in the denomination of $5,000 or any integral multiple thereof, will be dated, as originally issued, as of October 1, 1988, and will mature on February 1 in each year as follows: The City Council will meet in the City Hall in the City The Bonds will be issued to finance a redevelopment project to be The Bonds will be issuable as fully registered - Year Amount - Year Amount Year Amount 1995 $125,000 2000 $225 , 000 2005 $ 375,000 1996 50,000 2001 225,000 2006 450 , 000 1997 100,000 2002 250,000 2007 650 , 000 1998 125,000 2003 300,000 2008 825 , 000 1999 150,000 2004 350,000 2009 900 , 000 Interest will be payable on each February 1 and August 1 commencing August 1, 1989, to the registered owners of the Bonds appearing of record in the bond register as of the 15th day (whether or not a business day) of the immediately preceding month. Bonds maturing in 1999 and later years 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 a maturity, on February 1, 1998 and any interest payment date thereafter at a price equal to the principal amount thereof to be redeemed plus accrued interest. will be furnished by Dorsey & Uhitney, of Minneapolis, Minnesota. Copies of a statement of Terms and Condition of Sale and additional information may be obtained from the undersigned or from Public Financial Systems, 512 Nicollet Mall, Suite 550, Minneapolis, Mjnnesota 55402; telephone 612-333-9177, financial consultants to the City. Dated: September 19, 1988. A legal opinion as to the validity of the Bonds BY ORDER OF THE CITY COUNCIL Marcella H. Daehn, City Clerk City of Edina, Minnesota 3. The following statement of Terms and Conditions of Sale shall constitute the terms and conditions for the sale and issuance of the Bonds and such terms and conditions are hereby authorized to be incorporated in material distributed to prospective bidders for the Bonds: Terms and Conditions of Sale. $5,100,000 G.O. Taxable Tax Increment Bonds Notice of Saleflerms and Conditions Sealed bids for the purchase of $5,100,000 General Obligation Taxable Tax Increment Bonds, Series 1988 (the Bonds) of the City of Edina, Minnesota (the City) will be received at the office of the City Manager, until 2:OO p-m., on Monday, October 3, 1988, when they will be opened, read and tabulated. The bids will be presented to the City Council for consideration at a meeting to be held at the City Hall at 7:OO p.m. on the same date. This is a statement of the terms and conditions upon which the bids for the Bonds will be received, the sale thereof awarded and the Bonds issued. The Bonds will be issued for the purpose of financing a portion of the public costs of the S.E. Edina Redevelopment Project Area, in the principal amount of $5,100,000 in accordance with the provisions of Minnesota Statutes, Chapters 475 and 469. The Bonds will bear a date of original issue as of October 1, 1988, will be in fully registered form and in denominations of $5,000 or any integral multiple thereof, of single maturities, and will mature on February 1 in the following years and amounts: Purpose me. Denomination and Maturities .3 - Year Amount Year Amount Year Amount 1995 $125 , 000 2000 $225,000 2005 $ 375,000 1996 50 , 000 2001 . 225 ,000 2006 450,000 1997 100,000 2002 250,000 2007 650,000 1998 125,000 2003 300,000 2008 825 , 000 1999 150,000 2004 350,000 2009 900 , 000 Redemption The Bonds maturing in 1999 and subsequent years will 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 by lot vithin a maturity, on February 1, 1998 and any interest payment date thereafter, at a price equal to the principal amount thereof to be redeemed plus accrued interest to the date of redemption. Interest Pavment Dates and Rates I ,' : N Lc) 9 I, 19 1 8 8 269 Interest will be payable on August 1, 1989 and semiannually thereafter on each August 1 and February 1, to the registered owners of the Bonds appearing of record in the bond register as of the close of business on the 15th day (whether or not a business day) of the immediately preceding month. must bear interest from date of original issue until paid at a single, uniform rate, not exceeding the rate specified for Bonds of any subsequent maturity. rate must be expressed in an integral multiple of 1/8 or 5/100 of 1%, not exceeding the rate specified for Bonds of any subsequent maturity. The City will designate and contract with a bank, financial institution or trust company to act as Bond Registrar, Transfer Agent and Paying Agent (the Registrar). The Bond Register will be kept, principal and interest will be paid to the registered owner of each Bond and transfers of ownership will be effected by the Registrar. Registrar for such services. and appoint a successor. Del iverv Within 40 days after the sale, the City will deliver to the Registrar the printed Bonds ready for completion andqauthentication. Bonds must notify the Registrar, at least five business days before delivery of the Bonds, of the persons in whose names the bonds will be initially registered and the authorized denominations of the Bonds to be originally issued. notification is not received by that date, the Bonds will be registered in the name of the original purchaser and will be issued in denominations corresponding to the principal maturities of the Bonds. On the day of closing, the City will furnish to the purchaser the opinion of bond counsel hereinafter described, an arbitrage certification and a certificate verifying that no litigation in any manner questioning the validity of the Bonds is then pending or, to the best knowledge of officers of the City, threatened. Payment for the Bonds must be received by the City at its designated depository on the date of closing in immediately available funds. An opinion as to the validity of the Bonds and the exemption from taxation of the interest thereon will be furnished by Dorsey i5 Whitney, of Minneapolis, Minnesota and will be printed on the Bonds. valid and binding general obligations of the City enforceable in accordance with their terms, except to the extent to which enforceability may be limited by state or United States laws relating to bankruptcy, reorganization, moratorium or creditors' rights. Sealed bids must be mailed or delivered to the undersigned and must be received prior to the time established above for the opening of bids. unconditional. with each bid. cashiers check or bank draft. as liquidated damages if the bid is accepted and the bidder fails to comply therewith. The good faith deposit will be returned to the purchaser at the closing for the Bonds. interest from date of Bonds to stated maturities less any cash premium or plus any discount) will be deemed the most favorable. No oral bid and no bid of less than $5,005,000 plus accrued interest on all of the Bonds will be considered and the City reserves the right to reject any and all bids and to waive any informality in any bid. CUSIP Numbers The City will assume no obligation for the assignment or printing of CUSIP numbers on the Bonds or for the correctness of any numbers printed thereon, but will permit such numbers to be assigned and printed at the expense of the purchaser, if the purchaser waives any delay in delivery occasioned thereby. Information for bidders and bidding forms may be obtained from the undersigned or from Public Financial Systems, Inc., 512 Nicollet Mall, Suite 550, Minneapolis, Minnesota, 55403; telephone 612-333-9177, financial consultants to the City. Dated: September 19, 1988. 4. Official Statement. The City Manager, in cooperation with Public Financial Systems, Inc., financial consultants to the City, is hereby authorized and directed to prepare on behalf of the City an official statement to be distributed to potential purchasers of the Bonds. statement of Terms and Conditions of Sale set forth in paragraph 3 hereof and such other information as shall be deemed advisable and necessary to adequately describe the City and the security for, and terms and conditions of, the Bonds. Adopted by the City Council on September 19, 1988. All Bonds of the same maturity Each Bond Registrar. Transfer Apent and Paving Agent The City will pay the reasonable and customary charges of the The City reserves the right to remove the Registrar The original purchaser of the If Legal Opinion The legal opinion will state that the Bonds are Tme of Bid and Award Each bid must be A good faith deposit in the amount of $102,000 must be submitted The good faith deposit must be in the form of a certified or The good faith deposit will be retained by the City The bid authorizing the lowest net interest cost (total BY ORDER OF THE CITY COUNCIL Such official statement shall contain the ATTEST : 74ff1Ic% u City Clerk motion for adoption of the resolution was duly seconded by Member Smith and on vote being taken thereof, the following Council Members voted in favor: 9/19/88 Kelly, Richards, Smith, Turner, Courtney None and the following voted against the same: whereupon said resolution was declared passed and adopted and was signed by the Mayor and his signature attested by the City Clerk. Member Kelly introduced the following resolution and moved its adoption: RESOLUTION RELBTING TO $3,160,000 GENERAL OBLIGATION UTILITY REVENUE BONDS, SERIES 1988; AU'JXORIZING THE ISSUANCE AND CALLING FOR THE PUBLIC SALE THEREOF BE IT RESOLVED by the City Council of the City of Edina, Minnesota (the City), as follows : 1. Authorization. It is hereby determined that it is necessary for the City to issue and sell its General Obligation Utility Revenue Bonds, Series 1988, in the principal amount of $3,160,000 (the Bonds) to finance improvements to the City's municipal water and storm sewer systems as provided in Minnesota Statutes, Section 444.075; $59,500 of such amount representing interest as provided in Minnesota Statutes, Section 475.56. 2. of sale hereinafter prescribed for the purpose of receiving sealed bids and awarding sale of the Bonds. cause notice of the time, place and purpose of said sale to be published at least ten days in advance of the bid opening in a legal newspaper having general circulation in the City, and in a periodical published in Minneapolis, Minnesota, giving financial news and of general circulation throughout the State, which notice shall be in substantially the following form: I Sale. This Council shall meet at the time and place specified in the notice The City Clerk is hereby authorized and directed to NOTICE OF BOND SALE $3,160,000 GENERAL OBLIGATION UTILITY REvEN[TE BONDS, SERIES 1988 CITY OF EDINA, MINNESOTA NOTICE IS HEREBY GIVEN that the City of Edina, Minnesota, will receive sealed bids for the purchase of $3,160,000 General Obligation Utility Revenue Bonds, Series 1988, of the City (the Bonds), at the City Hall in Edina, Minnesota, until 2:OO p.m. on Monday, October 3, 1988, at which time the bids will be opened and tabulated. bids and award the sale of the Bonds. financing improvements to the City's municipal water and storm sewer systems. Bonds will be issuable as fully registered bonds of single maturity, in denominations of $5,000 or any integral multiple thereof, will be dated, as originally issued, as of October 1, 1988, and will mature on February 1 in the following years and amounts: The City Council will meet at 7:OO p.m. the same day to consider such The Bonds will be issued for the purpose of The 1 Year Amount Year Amount 1990 $170,000 1995 $320,000 1991 250,000 1996 350,000 1992 275,000 1997 375,000 1993 300,000 1998 395,000 1994 300,000 1999 425,000 Interest will be payable on each February 1 and August 1, commencing August 1, 1989, to the registered owners of the Bonds appearing of record in the Bond Register as of the 15th day of the immediately preceding month. interest expressed for a maturity may not exceed the rate specified for Bonds of any subsequent maturity. Bonds having stated maturities in 1995 and later years are each subject to redemption, at the option of the City and in whole or in part, and if in part, in inverse order of maturities, and in $5,000 principal amounts selected by lot within a maturity, on February 1, 1994, and on any interest payment date thereafter equal to the principal amount thereof to be redeemed plus interest accrued to the date of redemption. A legal opinion will be furnished by Dorsey & Whitney, of Minneapolis, Minnesota. Copies of a statement of Terms and Conditions of Sale and additional information may be obtained from the undersigned or from Public Financial Systems, Inc., 512 Nicollet Mall, Suite 550, Minneapolis, Minnesota 55402; telephone 612-333-9177, financial consultants to the City. Dated: September 19, 1988. The rate of BY ORDER OF THE CITY COUNCIL Miircella M. Daehn, City Clerk City of Edina, Minnesota 3. The following statement of Terms and Conditions of Sale shall constitute the terms and conditions for the sale and issuance of the Bonds and such terms and conditions are hereby authorized to be incorporated in material distributed to prospective bidders for the Bonds: I Terms and Conditions of Sale. $3,160,000 G.O. Utility Revenue Bonds Notice of Sale/Terms and Conditions Sealed bids for the purchase of $3,160,000 General Obligation Utility Revenue Bonds, Series 1988 (the Bonds) of the City of Edina, Minnesota (the City) will be received at the office of the City Manager, until 2:OO p.m., on Monday, October 3, 1988, when they will be opened, read and tabulated. The bids will be presented to the City Council for consideration at a meeting to be held at the City Hall at 7:OO p.m. on the same date. which the bids for the Bonds will be received, the sale thereof awarded and the Bonds issued. This is a statement of the terms and conditions upon mose 271 I N Ln Ln I: 5 m I I The Bonds will be issued for the purpose of financing improvements to the municipal water and storm sewer systems in accordance with the provisions of Minnesota Statutes, Chapters 475 and 444. The Bonds will bear a date of original issue as of October 1, 1988, will be in fully registered form and in denominations of $5,000 or any integral multiple me, Denomination and Maturities thereof, -of single maturities, years and amounts: Year Amount 1990 $170,000 1991 250,000 1992 275,000 1993 300,000 1994 300,000 and will mature on Pebruary- 1 in the following Year Amount 1995 $320,000 1996 350,000 1997 375,000 1998 ' 395,000 1999 425,000 RedemDtion The Bonds maturing in 1995 and subsequent years will 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 by lot within a maturity, on February 1, 1994 and any interest payment date thereafter, at a price equal to the principal amount thereof to be redeemed plus accrued interest to the date of redemption. Interest Payment Dates and Rates Interest will be payable on August 1, 1989 and semiannually thereafter on each February 1 and August 1, to the registered owners of the Bonds appearing of record in the bond register as of the close of business on the 15th day (whether or not a business day) of the immediately preceding month. must bear interest from date of original issue until paid at a single, uniform rate, not exceeding the rate specified for Bonds of any subsequent maturity. rate must be expressed in an integral multiple of 1/8 or 5/100 of 1%, not exceeding the rate specified for Bonds of any subsequent maturity. Bond Repistrar. Transfer Agent and Paying Agent The City will designate and contract with a bank, financial institution or trust company to act as Bond Registrar, Transfer Agent and Paying Agent (the Registrar). The Bond Register will be kept, principal and interest will be paid to the registered owner of each Bond and transfers of ownership will be effected by the Registrar. Registrar for such services. The reserves the right to remove the Registrar and appoint a successor. Within 40 days after the sale, the City will deliver to the Registrar the printed Bonds ready for completion and authentication. Bonds must notify the Registrar, at least five business days before delivery of the Bonds, of the persons in whose names the bonds will be initially registered and the authorized denominations of the Bonds to be originally issued. notification is not received by that date, the Bonds will be registered in the name of the original purchaser and will be issued in denominations corresponding to the principal maturities of the Bonds. On the day of closing, the City will furnish to the purchaser the opinion of bond counsel hereinafter described, an arbitrage certification and a certificate verifying that no litigation in any manner questioning the validity of the Bonds is then pending or, to the best knowledge of officers of the City, threatened. Payment for the Bonds must be received by the City at its designated depository on the date of closing in immediately available funds. An opinion as to the validity of the Bonds and the exemption from taxation of the interest thereon will be furnished by Dorsey & Whitney, of Minneapolis, Minnesota and will be printed on the Bonds. valid and binding general obligations of the City enforceable in accordance with their terms, except to the extent to which enforceability may be limited by state or United States laws relating to bankruptcy, reorganization, moratorium or creditors' rights. Sealed bids must be mailed or delivered to the undersigned and must be received prior to the time established above for the opening of bids. unconditional. A good faith deposit in the amount of $63,200 must be submitted with each bid. The good faith deposit must be in the form of a certified or cashiers check or bank draft. as liquidated damages if the bid is accepted and the bidder fails to comply therewith. The good faith deposit will be returned to the purchaser at the closing for the Bonds. interest from date of Bonds to stated maturities less any cash premium or plus any discount) will be deemed the most favorable. $3,100,500 plus accrued interest on all of the Bonds will be considered and the City reserves the right to reject any and all bids and to waive any informality in any bid. CUSIP Numbers The City will assume no obligation for the assignment or printing of CUSIP numbers on the Bonds or for the correctness of any numbers printed thereon, but will permit such numbers to be assigned and printed at the expense of the purchaser, if the purchaser waives any delay in delivery occasioned thereby. All Bonds of the same maturity Each The City will pay the reasonable and customary charges of the -- - De 1 iverv The original purchaser of the If Lepal Opinion The legal opinion will state that the Bonds are Type of Bid and Award Each bid must be The good faith deposit will be retained by the City The bid authorizing the lowest net interest cost (total No oral bid and no bid of less than 9/19/88 212 Information for bidders and bidding forms may be obtained from the undersigned or from Public Financial Systems, Inc., 512 Nicollet Hall, Suite 550, Minneapolis, Minnesota, 55402; telephone 612-333-9177, financial consultants to the City. Dated: September 19, 1988. 4. Official Statement. The City Manager and other officers of the City, in cooperation with Public Financial Systems, Inc., financial consultants to the City, are hereby authorized and directed to prepare on behalf of the City an official statement to be distributed to potential purchasers of the Bonds. official statement shall contain the statement of Terms and Conditions of Sale set forth in paragraph 3 hereof and such other information as shall be deemed advisable and necessary to describe accurately the City and the security for, and terms and conditions of, the Bonds. BY ORDER QF THE CITY COUNCIL Such I @242&zjUfl. ayor ATTEST : City Clerk The motion for the adoption of the foregoing resolution was duly seconded by thereof: and the following voted against the same: whereupon said resolution was declared passed and adopted, signed by the Mayor and his signature attested by the City Clerk. Member Smith introduced the following resolution and moved its adoption: .Member Turner and upon vote being taken thereon, the following voted in favor . Kelly, Richards, Smith, Turner, Courtney None RESOLUTION RELATING TO $2,470,000 GENERAL OBLIGATION AUTHORIZING TEE ISSUANCE AND PROVIDING FOR THE PUBLIC SALE THEREOF RECREBTIONAL FACILITY BONDS, SERIES 1988; BE IT RESOLVED by the City Council of the City of Edina, Minnesota, as follows: 1. Authorization. It is hereby determined that it is necessary and beneficial for the City to construct improvements to the municipal golf course and ice arena. This Council further determines that in order to finance this acquisition and betterment of recreational facilities for the City, it is necessary for the City to issue and sell its General Obligation Recreational Facility Bonds, Series 1988 in the principal amount of $2,470,000 (the Bonds) pursuant to Minnesota Laws 1961, Chapter 655, and Minnesota Statutes, Chapter 475, $46,000 of such amount representing interest as provided in Minnesota Statutes, Section 475.56. This Council estimates that the net revenues derived from the operation of the municipal golf course, the municipal ice arena and the municipal liquor stores, in excess of the cost of operation and maintenance thereof, in the fiscal year which ended December 31, 1987, equals or exceeds the maximum amount of principal and interest to become due in any future fiscal year on all of the outstanding General Obligation Golf Course Bonds, Series 1985 of the City, dated as of September 1, 1985, and on the Bonds, as proposed to be issued under the terms set forth in this Resolution. Prior to the delivery of the Bonds to the purchaser, the Council will establish a fund for the payment of principal and interest on the Bonds. The Council will appropriate and credit to such fund an amount of revenues of the municipal liquor stores which is equal to the average annual amount of principal and interest to become due on the Bonds. 2. This Council shall meet at the time and place specified in the notice of sale hereafter prescribed for the purpose of receiving sealed bids and awarding sale o€ the Bonds. public notice of the time, place and purpose of the meeting to be published in the official newspaper of the City, and in a daily or weekly periodical published in a Minnesota City of the first class, which circulates throughout the State and furnishes financial news as a part of its service, once not less then ten days before the date of said meeting in substantially the following form: Sale. The City Clerk is hereby authorized and directed to cause a NOTICE OF SALE $2,470,000 GENERAL OBLIGATION RECREATIONAL FACNTY BONDS, SERIES 1988 CITY OF EDINA, MINNESOTA I NOTICE IS HEREBY GIVEN that sealed bids for the purchase of $2,470,000 General Obligation Recreational Facility Bonds, Series 1988 (the Bonds), of the City of Edina, Minnesota (the City) will be received at the office of the City Manager until 2:OO p.m. on Monday, October 3, 1988, at which time the bids will be opened and tabulated. o/clock p.m. that same date to consider the bids and award the sale of the Bonds. The Bonds will be issued for the purpose of financing the construction of improvements to the City's municipal golf course and ice arena. issuable as fully registered bonds in the denominations of $5,000 or any integral multiple thereof, will be dated, as originally issued, as of October 1, 1988, and will mature on January 1 in the folloving years and amounts: The City Council will meet in the City Hall in the City at 7:OO The Bonds will be Year Ammt - Year Amount Year Amount - 1992 $25,000 1998 $25,000 2004 $225,000 1993 25,000 1999 25,000 2005 250,000 1994 25,000 2000 25,000 2006 270,000 9/.19/88 ,; . ' 273 1995 25,000 2001 175,000 2007 275,000 1996 25,000 2002 200;000 2008 325,000 1997 25,000 2003 200,000 2009 325,000 Interest will be payable on each January 1 and July 1 commencing July 1, 1989, to the registered owners of the Bonds appearing of record in the bond register as of the 15th day (whether or not a business day) of the preceding month. maturing in 1999 and thereafter are 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, 1998 and 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. A legal opinion with respect to each issue of the Bonds will be furnished by Dorsey & Whitney, of Minneapolis, Minnesota. statement of Terms and Conditions of Sale and additional information may be obtained from the undersigned or from Public Financial Systems, Inc., 512 Nicollet Mall, Suite 550, Minneapolis, Minnesota 55402; telephone 612-333-9177, financial consultants to the City. Dated: September 19, 1988. Bonds Copies of a BY ORDER OF THE CITY COUNCIL Marcella M. Daehn, City Clerk 3. The following shall constitute the terms and conditions for the sale and issuance of the Bonds, and the City Clerk is hereby authorized and directed to cause the following terms and conditions to be incorporated in material distributed to prospective bidders for the Bonds: Terms and Conditions of Sale. $2,470,000 G.O. Recreational Facility Bonds Notice of SaleBerms and Conditions Sealed bids for the purchase of $2,470,000 General Obligation Recreational Facility Bonds, Series 1988 (the Bonds) of the City of Edina. Minnesota (the City) will be received at the office of the City Manager, until 2:OO p.m., on Monday, October 3, 1988, when they will be opened, read and tabulated. The bids will be presented to the City Council for consideration at a meeting to be held at the City Hall at 7:OO p.m. on the same date. This is a statement of the terms and conditions upon which the bids for the Bonds will be received, the sale thereof awarded and the Bonds issued. The Bonds will be issued for the purpose of financing improvements to the municipal golf course and ice arena in the principal amount of $2,470,000, in accordance with the provisfons of Minnesota Statutes, Chapter 475 and Minnesota Laws 1961, Chapter 655. The Bonds will bear a date of original issue as of October 1, 1988, will be in fully registered form and in denominations of $5,000 or any integral multiple thereof, of single maturities, and will mature on January 1 in the following years and amounts : Purvose me, Denomination and Maturities - Year Amount Year Amount Year Amount 1992 $25,000 1998 $25,000 2004 $225,000 1993 25,000 1999 25,000 2005 250,000 1994 25,000 2000 25,000 2006 270,000 1995 25,000 2001 175,000 2007 275,000 1996 25,000 2002 200,000 2008 325,000 1997 25,000 2003 200,000 2009 325,000 Redemption The Bonds maturing in 1999 and subsequent years will 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 by lot within a maturity, on January 1, 1988 and any interest payment date thereafter, at a price equal to the principal amount thereof to be redeemed plus accrued interest to the date of redemption. Interest Payment Dates and Rates Interest will be payable on January 1, 1989 and semiannually thereafter on each July 1 and January 1, to the registered owners of the Bonds appearing of record in the bond register as of the close of business on the 15th day (whether or not a business day) of the immediately preceding month. All Bonds of the same maturity must bear interest from date of original issue until paid at a single, uniform rate, not exceeding the rate specified for Bonds of any subsequent maturity. rate must be expressed in an integral multiple of 1/8 or 5/100 of 1%, not exceeding the rate specified for Bonds of any subsequent maturity. Bond Repistrar. Transfer Agent and Paving Apent The City will designate and contract with a bank, financial institution or trust company to act as Bond Registrar, Transfer Agent and Paying Agent (the Registrar). The Bond Register will be kept, principal and interest will be paid to the registered owner of each Bond and transfers of ownership will be effected by the Registrar. Registrar for such services. The reserves the right to remove the Registrar and appoint a successor. Delivery Within 40 days after the sale, the City will deliver to the Registrar the printed Bonds ready for completion and authentication. Bonds must notify the Registrar, at least five business days before delivery of the Bonds- of the Dersons in whose names the bonds will be initially registered Each The City will pay the reasonable and customary charges of the The original purchaser of the 9/19/88 274 and the authoriz d denomin tions of the Bonds to be originally issued. If notification is not received by that date, the Bonds will be registered in the name of the original purchaser and will be issued in denominations corresponding to the-principal maturities of the Bonds. On the day of closing, the City will furnish to the purchaser the opinion of bond counsel hereinafter described, an arbitrage certification and a certificate verifying that no litigation in any manner questioning the validity of the Bonds is then pending or, to the best knowledge of officers of the City, threatened. Payment for the Bonds must be received by the City at its designated depository on the date of closing in immediately available funds. An opinion as to the validity of the Bonds and the exemption from taxation of the interest thereon will be furnished by Dorsey & Whitney, of Minneapolis, Minnesota and vi11 be printed on the Bonds. valid and binding general obligations of the City enforceable in accordance with their terms, except to the extent to which enforceability may be limited by state or United States laws relating to bankruptcy, reorganization, moratorium or creditors' rights. Sealed bids must be mailed or delivered to the undersigned and must be received prior to the time established above for the opening of bids. unconditional. A good faith deposit in the amount of $49,400 must be submitted with each bid. The good faith deposit must be in the form of a certified or cashiers check or bank draft. as liquidated damages if the bid is accepted and the bidder fails to comply therewith. The good faith deposit will be returned to the purchaser at the closing for the Bonds. interest from date of Bonds to stated maturities less any cash premium or plus any discount) will be deemed the most favorable. $2,424,000 plus accrued interest on all of the Bonds will be considered and the City reserves the right to reject any and all bids and to waive any informality in any bid. Leva1 Opinion I The legal opinion vi11 state that the Bonds are TVpe of Bid and Award Each bid must be The good faith deposit will be retained by the City . The bid authorizing the lowest net interest cost (total No oral bid and no bid of less than - CUSIP Numbers The City will assume no obligation for the assignment or printing of CUSIP numbers on the Bonds or for the correctness of any numbers printed thereon, but will permit such numbers to be assigned and printed at the expense of the purchaser, if the purchaser vaives any delay in delivery occasioned thereby. Information for bidders and bidding forms may be obtained from the undersigned or from Public Financial Systems, Inc., 512 Nicollet Hall, Suite 550, Minneapolis, Minnesota, 55402; telephone 612-333-9177, financial consultants to the City. Dated: September 19, 1988. 4. Official Statement. The City Manager and other officers of the City, in cooperation vith Public Financial Systems, Inc., financial consultants to the City, are hereby authorized and directed to prepare on behalf of the City an official statement to be distributed to potential purchasers of the Bonds. official statement shall contain the statement of Terms and Conditions of Sale set forth in paragraph 3 hereof and such other information as shall be deemed advisable andnecessary to describe accurately the City and the security for, and terms and conditions of, the Bonds. BY ORDER OF "HE CITY COUNCIL Such Mayor ATTEST : e=mmx 9b.dL%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: whereupon said resolution was declared duly passed and adopted, signed by the Mayor and his signature attested by the City Clerk. Kelly, Richards, Smith, Turner, Courtney None *CLAIMS PAID. approve payment of claims as per pre-list dated 9/19/88: General Fund $812,276.30, Art Center $3,042.30, Swimming Pool Fund $529.38, Golf Course Fund $16,600.11, Recreation Center Fund $303,764.12, Gun Range Fund $139.01, Edinborough Park $12,107.84, Utility Fund $7,512,68, Liquor Dispensary Fund $90,665.67, Construction Fund $34,455.34, Total $1,281,092.74 and for confirmation of payment of the following claims &ted 8/31/88: General Fund $521,617.67, Art Center $866.12, Swimming Pool Fund $2,480.46, Golf Course Fund $20,341.09, Recreation Center Fund $6,385.35, Gun Range Fund $380.66, Edinborough Park $10,191.83, Utility Fund $47,080.14, Liquor Dispensary Fund $198,737.87, Construction Fund $9,288.64, Total $888817,369.83. Motion was made by Member Kelly and seconded by Member Turner to Motion carried on rollcall vote, five ayes. There being no further business the meeting was adjourned at 12:OO midnight. -?k!hK% u- City Clerk