HomeMy WebLinkAbout19881003_regularMINUTES
OF THE REGULAR MEETING OF THE
EDINA CITY COUNCIL HELD AT CITY HALL
OCTOBER 3, 1988
275
Answering rollcall were Members Kelly, Richards, Smith, Turner and Mayor Courtney.
CENTENNIAL UPDATE PRESENTED. Dennis Maetzold, treasurer, reported that the
finances for the Edina Centennial are in excellent shape. The fund balance as of
August 31st was $215,000. The community has responded to the fund raising effort
and has contributed $110,000 and has pledged another $42,000 to year end.
Individuals have contributed $32,000. The best estimate is that the Centennial
will generate in excess of $200,000 to be turned over to the City for the lasting
memorial at Arneson Acres. Betty Hemstad, co-chair, reported that the major
Centennial event for August was the golf tournament held at the Edina Country Club
and the Interlachen Country Club.
Fashion Show with 400/500 in attendance and the Historic Houses Tour.
co-chair, said two events are scheduled for October, Edina Centennial Futures
Conference on October 8 and the EDINAMITE benefit on October 15. Member Turner
called attention to Founder's Day which is scheduled for Monday, December 12 at
City Hall.
leaders.
been invited.
In September there were two events, All Edina
Kay Bach,
The evening will reminisce about our past and will recognize past
All members of past and present advisory boards and commissions have
CONSENT AGENDA ITEMS ADOPTED.
Member Turner to approve and adopt the consent agenda items as presented.
Motion was made by Member Smith and seconded by
Rollcall :
Ayes: Kelly, Richards, Smith, Turner, Courtney
Motion carried.
PUBLIC HEARING HELD ON PRELIMINARY PLAT FOR BERENBERG FIRST ADDITION: STAFF
DIRECTED TO PREPARE FINDINGS FOR DENIAL.
Clerk, approved and ordered placed on file.
request for preliminary plat approval for Berenberg First Addition, located on the
north side of Interlachen Boulevard and just west of Hollywood Road. The subject
property measures approximately 61,000 square feet in area and is developed with a
single family dwelling.
easterly 50 feet of the lot.
feet.
contain approximately 46,600 square feet including the NSP easement. Excluding
the easement, the lot would contain 26,359 square feet.
feet of frontage on Interlachen Boulevard including the 50 foot easement.
Larsen pointed out that the proposed driveway would encroach on the easement, but
the new building pad would not encroach. The preliminary plat proposes to retain
the existing dwelling in its present location.
with 120 feet of depth and would be approximately 14,400 square feet in area.
property is characterized by severe topography.
feet near Interlachen Boulevard to 890 feet at the northerly boundary of the
property.
Development of the new lot would require extensive cut and fill activity,
including significant retaining walls.
insure protection of the house and pond from retaining wall collapse or erosion of
the steep slopes. Staff recommended to the Community Development and Planning
Commission three reasons why the subdivision did not represent sound community
planning. Lot Size - The subject property is part of the Hilldale Addition. Lots
in the Hilldale Addition are quite large.
West is about 160 feet wide.
fronting on Interlachen Boulevard, and immediately west of the property are 125 or
130 feet in width. Lots in the proposed subdivision would be 118 and 76 feet in
width. It appears the reason
this lot was made wider in the original plat was to account for the NSP easement
and also because of the severe topography of the lot. These physical constraints
continue to exist today as they did when the property was originally platted.
Character and Symmetry - The Comprehensive Plan states "Allow further subdivision
of developed single family lots only if neighborhood character and symmetry are
preserved." The NSP easement forces the new house to be located in the rear yard
of the existing dwelling. The new lot will appear to be a neck lot when
developed, which will have a negative impact on the existing character and
symmetry of the neighborhood, and be contrary to the Comprehensive Plan.
Development - The Comprehensive Plan states "Require increased minimum lot sizes
for single family and two family lots on steep slopes."
very steep slopes which require substantial alteration for the development. The
existence of these slopes seems a logical reason why the lot was platted as a
larger lot than some adjacent lots in the original Hilldale Addition.
the preceding reasons staff recommended denial of the proposed subdivision.
Planning Commission heard the subject proposal on July 6 and July 27 and concurred
with staff's reasons and recommended that the Council deny the plat.
Larsen concluded his presentation with the recommendation that, if the Council
agrees, the hearing be continued to October 17 and that staff be directed to
prepare findings of fact and reasons in support of denial for further review and
final action by the Council. He advised that Gary Grandrud, 8400 Normandale
Affidavits of Notice were presented by
Planner Craig Larsen presented the
The lot area includes an NSP easement covering the
The easement area is approximately 20,250 square
The preliminary plat proposes to create one new buildable lot which would
The lot would have 76
Planner
That lot would be 118 feet wide
The
Ground elevation falls from 940
The proposed building pad is approximately 30 feet below street grade.
Soil engineering would be required to
A typical lot on Circle East or Circle
The four lots in Hilldale Addition adjacent to,
Lots in the area are typically 160 feet in width.
Site
The property contains
Based on
The
Planner
10/3/88
276 -
Boulevard, attorney representing Danny Berenberg and Mike Black, planner with J.R.
Hill &Associates, were present. For the record, it was noted that a number of
letters and petitions had been received in opposition to the proposed subdivision.
Mr. Black argued in support of the preliminary plat and stated that the property
is designated for single family residential development, that the lots in the
proposed plat exceed Zoning Ordinance requirements for lot area, width and depth.
He said that the planning has already been done to specifically design a house for
the lot that will fit the topography. He submitted that there is no symmetry in
the neighborhood, that homes are all individually designed and that the true
character is that there is no symmetry. Construction of a new home would mean
change for the area and would be an interruption to the status quo, but it does
not mean it would have a negative impact. He referred to lots along Interlachen
Boulevard that have varying lot size and width, including several neck lots that
had been approved in the past.
letters that had been written in objection to the proposed plat.
asking the Council to be objective and keep an open mind when considering the
proposed plat.
He reiterated that the proposed plat meets all Zoning Ordinance requirements and
that the neighborhood is not symmetrical and has very many characteristics.
. noted that the lots in the Cooper addition are far below the new lot that will be
created by Mr. Berenberg. He also made reference to other lots in the area which
were of varying sizes and had been approved by the City.
introduced- himself as representative of the neighbors who are directly concerned
with the proposal.
the neighborhood, precedent for further subdivision in the area and concern for
the wetland and wild life around the pond.
proposed plat were Richard Miller, 5340 Hollywood Road, Donna Scudder, 4528 Oxford '
Avenue, Looell Baker, 8 Spur Road, and Tom Martinson, 4536 Oxford Avenue. Danny
Berenberg, 5400 Interlachen Boulevard, the proponent, said that his primary
concern was the traffic safety issue on Interlachen Boulevard and that he wanted
to move his family off that roadway to keep them safe.
that both staff and Planning Commission have recommended denial.
said that he could not approve the plat based on what he has heard. Member Turner
then made a motion directing the staff and City Attorney to prepare findings and
reasons to support denial of the preliminary plat for further review and action by
the Council and to continue the hearing to October 17, 1988. She commented that
in listening to the presentations, looking at the situation and in reading all
materials presented that she was convinced that the proposal is not consistent
with the Comprehensive Plan. Further, that in particular the character and
symmetry issue and the steep topography points are relevant in this case and she
could not support the proposal. Motion was seconded by Member Richards who
commented that because the orientation for the plat is away from Interlachen
Boulevard that we must look to the neighborhood to the north and west (the
does pass that the proposed findings be circulated to the proponent or his
attorney as well as to Mr. Van Valkenburg who is representing the neighbors so
that they would all have an opportunity to comment upon the findings prior to the
meeting of October 17, 1988.
Mr. Black also responded to comments in various
He concluded by
Mr. Grandrud also spoke in support of the Berenberg's proposal.
He
James Van Valkenburg
Their concerns include changing the character and symmetry of
Also speaking in opposition to the
Member Richards commented
Member Smith
-
c Hilldale subdivision) to measure the proposal. He suggested that if the motion i
Mayor Courtney then called the motion.
Rollcall :
Ayes: Kelly, Richards, Smith, Turner, Courtney
Motion carried.
*PRELIMINARY PLAT FOR LOT 6. BLOCK 1. EDINA HIGHLANDS REFERRED TO PLANNING
COMMISSION.
refer the modified preliminary plat for Lot 6, Block 1, Edina Highlands to the
Planning Commission as elected by the proponent.
Motion was made by Member Smith and was seconded by Member Tumer to
Motion carried on rollcall vote, five ayes.
*HEARING DATE OF 10/17/88 SET FOR VARIOUS PLANNING MATTERS. Motion was made by
Member Smith and was seconded by Member Turner setting October 17, 1988 as hearing
date for the following planning matters:
1) Final Development Plan for Americana State Bank - Building &pansion, 5050
France Avenue South,
2) Amendment to Subdivision Ordinance No. 801.
Motion carried on rollcall vote, five ayes.
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
Location: 50th Street and France Avenue Business District
Engineer Fran Hoffman recalled that the public hearing on Maintenance Improvement
No. M-88 had been continued from September 19, 1988 so that all the SOth/France
business owners and tenants could be notified about parking ramp maintenance fees
that may be assessed in the future. This hearing is to assess the 1988 costs and
also to discuss other potential assessments for parking ramp maintenance.
explained that currently the City provides a fulltime employee who works at the
50th/France area together with some parttime summer help and assistance from
He
10/3/88
277
Public Works crews from time to time.
cleaning service year round, cares for trees and plantings, repairs sidewalk
tiles, etc. Annually, the City has assessed the costs for that work to the 50th
Street and France Avenue Business District. Other. costs in the Public Works
budget that have not been assessed to the District in the past include streets,
parking ramps/lots, street lighting and walkway lighting and sidewalk replacement.
Engineer Hoffman explained that, in looking at the City's budget in the last
several years, the Council has asked if it should be considering changing our
policy on assessing some of the costs for the parking ramps/lots back to the
5Oth/France commercial area. These have been routine costs such as snow removal,
sweeping, ramp and walkway lighting, and restoration. A part of the restoration
costs have been paid from revenues obtained from sale of parking ramp stickers
(approximately $10,00O/yr). This income would continue to offset some of the
costs. Hosmer Brown, representing the 50th/France community, stated that the
business property owners as well as the businessmen are often one and the same.
He thanked the City for past cooperation and partnership in updating the
50th/France commercial area in the early '70s. When the plans were made for the
updating, which included the ramps, it was indicated that the ramps would be
publicly owned/publicly used and would maintain a public purpose in that they
would reduce street traffic by getting cars off the street.
said the ramps would be treated like a City street and would be maintained from
street maintenance funds.
the maintenance through taxes.
there are more ramps, more parking lots, and more competition. As business
people, they want to be responsible to that but also have to keep in mind the
obligations they have as property owners, must be careful that they do not
overload overhead and must be responsible to their tenants as well as to their
customers. Mr. Brown said they want to be fair to the Edina taxpayer so that they
do not pay for things that obviously are for the business benefit and of a private
nature. It must be kept convenient and also kept safe. He noted two aspects to
the parking ramps at 50th/France, 1) its private use to them as businessmen and
property owners and a tremendous benefit to customers and employees, 2) public
aspect - it does keep cars off the street and it must be kept safe. That entails
lighting and policing it. He presented the following proposal: a) that the City
assume the portion of the costs pertaining to public safety, e.g. police
protection and lighting; b) the 50th/France commercial area will assume routine
cost of maintenance, snow removal, sweeping, etc. He added that the City should
use its best judgement in applying the revenues obtained from the parking
stickers. . In response to Member Kelly's question as to costs, Engineer Hoffman
said the proposal, without figuring in the $10,000 sticker sales, would result in
a 1/3-2/3 split as the lighting constitutes approximately 2/3 of the annual cost.
As to snow removal, that depends of the amount of snowfall; sweeping is done
weekly.
level of maintenance they want and said he felt the proposal was a practical
approach.
as requested.
the maintenance expenditures for the 50th/France commercial area over the past
years.
assessment for the 1988 expenses which should be levied and the other is whether
the City should change its policy in the future to include additional maintenance
costs in the annual assessment.
received prior hereto.
Smith, seconded by Member Turner and carried unanimously.
Resolution later in Minutes.)
an analysis of past maintenance costs for the 50thDrance commercial area that
have not been included in the annual assessment and that the issue of using monies
generated from the tax increment district for this purpose also be investigated.
Motion was seconded by Member Richards. '
This individual provides a maintenance and
At that time the City
The property owners at 50th/France paid their share of
He pointed out that times have changed since then,
Member Smith asked how much input the 50th/France District has had on the
Engineer Hoffman said that staff meets occasionally with them on issues
Member Richards commented that he would like to see a breakdown of
Engineer Hoffman explained that there are two issues here; one is the
No objections were heard and none had been
The 1988 assessment was approved by motion of Member
(Assessment levied by
Member Smith then made a motion that staff prepare
Ayes: Kelly, Richards, Smith, Turner, Courtney
Motion carried.
2. ALLEY IMPROVEMENT NO. A-178
Location: Between 3913 and 4001 West 48th Street
Engineer Hoffman presented analysis of assessment showing total cost of
construction of $2,981.18 proposed to be assessed against two assessable lots at
$1,445.69 per lot against estimated assessment of $1,429.48 per lot. Assessment
to be spread over 10 years. No objections were heard and none had been received
prior hereto.
Member Turner and carried unanimously.
Minutes. )
Assessment approved by motion of Member Richards, seconded by
(Assessment levied by Resolution later in
3. STREET LIGHTING IMPROVEMENT NO. L-29
Location: York Avenue from West 75th Street to West 78th Street
Engineer Hoffman presented analysis of assessment showing total cost of
construction of $57,679.68 less state aid funds of $24,746.03 for a net assessable
cost of $32,933.65. The proposed assessment is $5.00/ft for multi-family property
and $10.00/ft for commercial property against estimated assessment of $10.00/ft
for multi-family property and $20.00/ft for commercial property, proposed to be
assessed against 4,936.44 lineal feet.
objections were heard and none had been received prior hereto.
Assessment to be spread over 10 years. NO
Assessment
10/3/88
278
approved by motion of Member Turner, seconded by Member Smith and carried
unanimously. (Assessment levied by Resolution later in Minutes.)
4. STREET LIGHTING IMPROVEMENT NO. L-30
Location: West 76th Street from Xerxes Avenue to Edinborough Way
Engineer Hoffman presented analysis of assessment showing total cost of
construction of $34,100.32 less state aid funds of $22,116.17 for a net assessable
cost of $11,984.15. The proposed assessment is $5.00/ft for multi-family property
and $10.00/ft for commercial property against estimated assessment of $10.00/ft
for multi-family property and $20.00/ft for commercial property proposed to be
assessed against 1,977.20 lineal feet. Assessment to be spread over 10 years.
objections were heard and none had been received prior hereto.
approved by motion of Member Turner, seconded by Member Smith and carried
unanimously.
No
Assessment
I
I (Assessment levied by Resolution later in Minutes.)
5. STREET LIGHTING IMPROVEMENT NO. L-31
Location: Edinborough Way from York Avenue to West 76th Street
Engineer Hoffman presented analysis of assessment showing total cost of
construction of $52,477.62 proposed to be assessed against 1,028,973 square feet
at $0.051 per square foot against estimated assessment of $0.085 per square foot.
Assessment to be spread over 10 years. No objections were heard and none had been
received prior hereto. Assessment approved by motion of Member Turner, seconded
by Member Smith and carried unanimously. (Assessment levied by Resolution later
in Minutes.)
6. PUBLIC WORKS GARAGE IMPROVEMENT NO. PW-88
Location: City Public Works Garage
Engineer Hoffman presented analysis of assessment showing total project cost of
$2,049.962.32 with cost allocable to the ramp of $1,555,140.02 for a total
assessable cost of $311,428.00.
years. He advised that in 1987 the HRA entered into an agreement with Jerry's
Enterprises relative to the Grandview Parking Ramp/Public Work garage project.
This agreement obliged Jerry's to accept a special assessment for a portion of the
cost of the Public Works Garage.
assessment is equal to 20% of the cost of the ramp.
none had been received prior hereto.
Richards vas seconded by Member Smith and carried unanimously.
by Resolution later in Minutes.)
Following the presentation of analysis of assessments and approval, Member Smith
introduced the following resolution and moved its adoption:
Assessment is proposed to be spread over 15
According to the agreement, the amount 02 this
Assessment approved by motion of Member
No objections were heard and
(Assessment levied
I
I SPECIAL ASSESSMENTS LEVIED ON ACCOUNT OF
VBRIOUS PUBLIC IMPROVEMENTS
BE IT RESOLVED by the City Council of the City of Edina, Minnesota, as follows:
1. The City has given notice of hearings as required by law on the proposed
assessment rolls for the improvements hereinafter referred to, and at such
hearings held on October 3, 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:
Maintenance Improvement No. M-88
Alley Improvement No. A-178
Street Lighting Improvement No. L-29
Street Lighting Improvement No. L-30
Street Lighting Improvement No. L-31
Public Horks Garage Improvement No. 3PR-88
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, except that the interest rate for Public
Uorks Garage Improvement No. PU-88 shall be 8.3% per annum. To each subsequent
installment shall be added interest at the above rate for one year on all then
unpaid installments. The number of such annual installments shall be as follows:
-CE IMPROVEMENT NO. H-88 1 year
ALTXY IMPROVEMENT NO. 4-178 10 years
STREET LIGHTING IMPROVEMENT NO. L-29 10 years
STREET LIGHTING IMPROVEKEN!C NO. L-30 10 years
STREET LIGHTING IMPROVEMENT NO. L-31 10 years
PUBLIC UORKS GARAGE IPTPROVEhBXl! NO. PH-88 15 years
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 Rreasurer
I Name of Improvement Number of Installments
219
shall arrange for collect-3n 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.
n
PUBLIC HEARING CONDUCTED: VACATION OF WEST 76TH STREET GRANTED CONDITIONALLY.
Affidavits of Notice were presented, approved and ordered placed on file.
Engineer Hoffman explained that this request for vacation of West 76th Street is
part of the platting of the new Centennial Lakes project.
platted for West 76th Street between Edinborough Way and France Avenue.
existing street has all types of utilities beneath the street which must be
relocated. The City and utility companies would agree to vacate the existing
street subject to the following conditions: 1) granting of new easements and
street right of way, 2) adequate time to relocate existing utilities, and 3)
reimbursement to utility companies for relocation costs,
heard, Member Turner introduced the following resolution and moved adoption,
subject to 1) granting of new easements and street right of way, 2) adequate time
to relocate existing utilities, and 3) reimbursement to utility companies for
relocation costs:
RESOLUTION VACATING
EASEMENTS FOR STREET PURPOSES
A new location is being
The
No objections being
WHERJQE, a resolution of the City Council, adopted the 12th day of September,
1988, fixed a date for a public hearing on a proposed vacation of easements for
street purposes; and
WHERJQE, two weeks' published and posted notice of said hearing was given and the
hearwg was held on the 3rd day of October, 1988, at which time all persons
desiring to be heard were given an opportunity to be heard thereon: and
WHERJQE, the Council deems it to be in the best interest of the City and of the
public that said easements vacation be made; and
WHERlUE, the Council has considered the extent to which the vacation affects
existing easements within the area of the vacation and the extent to which the
vacation affects the authority of any persons, corporation, or municipality owning
or controlling electric, telephone or cable television poles and lines, gas and
sewer lines, or water pipes, mains, and hydrants on or under the area of the
proposed vacation, to continue maintaining the same, or to enter upon such
easement area or portion thereof vacated to maintain, repair, replace, remove, or
otherwise attend thereto;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Edina, Hennepin
County, Minnesota, that the following described portion of West 76th Street be and
is hereby vacated effective as of October 3, 1988:
That part of West 76th Street lying east of France Avenue and west
of the westerly intersection of Edinborough Way and West 76th Street
and that the Clerk is authorized and directed to cause a notice of completion of
proceedings to be prepared, entered in the transfer record of the County Auditor,
and filed with the County Recorder in accordance with Minnesota Statutes,
Section 412.851.
Motion for adoption of the resolution was seconded by Member Smith.
Rollcall :
Ayes: Kelly, Richards, Smith, Turner, Courtney
Resolution adopted.
*BIDS AWARDED FOR SANITARY SEWER IMPROVEMENT NO. SS-379. WATEEUWIN IMPROVEMENT NO.
WM-365 AND STORM SEWER IMPROVEMENT NO. ST.S-186 (MINNESOTA DRIVE): SANITARY SEWER
IMPROVEMENT NO. SS-377, WATERMAIN IMPROVEMENT NO. WM-363. STORM SEWER IMPROVEMENT
NO. ST.S.-185 (MALIBU DRIVE): SANITARY SEWER IMPROVEMENT NO. SS-378 AND WATERMAIN
IMPROVEMENT NO. WM-364 (RYAN AVENUE). Motion was made by Member Smith and was
seconded by Member Turner for award of bids for Sanitary Sewer Improvement No.
SS-379, Watermain Improvement No. WM-365 and Storm Sewer Improvement No. St.S-186
(Minnesota Drive): Sanitary Sewer Improvement No. SS-377, Watermain Improvement
No. WM-363 and Storm Sewer Improvement No. St.S.-185 (Malibu Drive); and Sanitary
Sewer Improvement No. SS-378 and Watermain Improvement No. WM-364 (Ryan Avenue) to
recommended low bidder, Annandale Contracting, Inc., at $189,559.93.
Motion carried on rollcall vote, five ayes.
*BID AWARDED FOR TWO MOTOR STARTERS FOR RESERVOIR PUMPS.
Member Smith and was'seconded by Member Turner for award of bid for two motor
starters for reservoir pumps to recommended low bidder, United Electric, at
$7,594.00.
Motion was made by
Motion carried on rollcall vote, five ayes.
*BID AWARDED FOR FIRE DEPARTMENT PAGERS. Motion was made by Member Smith and was
seconded by Member Turner for award of bid for Fire Department pagers to
recommended sole supplier, Motorola Communications, (seven county fire consortium
bid), at $6,552.00.
Motion carried on rollcall vote, five ayes.
1013/88
FRANCE AVENUE RECONSTRUCTION/MAVELLE DRIVE/COLLINS INTERIORS PARKING DISCUSSED:
CONTINUED TO 10/17/88.
reconstructing France Avenue which results in property loss and parking in front
of the Collins Interiors building, 7010 France Avenue South.
needs about 150 parking spaces to meet City ordinance requirements.
there are only 40+ spaces on the site.
eliminate about 15 spaces and would make the site even less usable.
has requested that the City look at a solution that would result in no loss of
parking for the Collins Interiors site.
of the north side of Mavelle Drive to develop parking along the south side of the
Collins building, while preserving two lanes (one in each direction) on Mavelle
for vehicles. Staff believes that this would be a reasonable solution. It would
result in leaving Mavelle Drive open as a public street and would provide some
relief to the Collins site in terms of replacement parking.
staff would recommend holding a public hearing to consider vacating a portion of
the north side of Mavelle Drive and the closing of the curb cuts on France Avenue
as a safety measure. Member Smith said he would be concerned about vehicles
backing out into the street, and also said that possibly the City should consider
a different use for the Collins site. Member Richards commented that if the
Council were to hold a public hearing that all alternatives should be considered
including vacating all of Mavelle Drive.
Mavelle Drive.
1988 so that more information on alternatives could be brought to the Council.
formal action was taken.
Engineer Hoffman advised that Hennepin County is
The Collins building
Currently,
The County reconstruction project would
The County
The proposal would be to vacate a portion
I Engineer Hoffman said
Member Kelly asked for traffic counts on
No
It was informally agreed to continue this matter to October 17,
CRAIG LARSEN APPOINTED TO JOINT POWERS GROUP (1-494 CORRIDOR COMMISSION).
Engineer Hoffman advised that per the approved Joint Powers Agreement the Council
must designate two persons and an alternate to serve on the Joint Powers group
known as the 1-494 Corridor Commission.
Team from the City consists of Member Turner and Fran Hoffman.
Management Team (PMT) oversees all the other activity groups, e.g. Joint Powers
Organization, Travel Management Organization (TMO) and the EIS for 1-494 Selection
Committee.
member to the Joint Powers Organization.
willing to continue as the Council representative on the PMT until the end of the
year and that after the City election the Council explore who is able and willing
to be the elected representative on the PMT. Hotion was made by Member Kelly and
was seconded by Member Smith to appoint Planner Craig Tarsen to serve on the Joint
Powers Organization of the 1-494 Corridor Commission.
Currently, the 1-494 Project Management
The 1-494 Project
Staff would recommend that Craig Larsen be appointed as the staff
Member Turner stated that she was
1
Ayes: Kelly, Richards, Smith, Turner, Courtney
Motion carried.
PURCHASE OF 10 RADON TESTING KITS APPROVED.
meeting of September 19, 1988, the Council had referred the Health Department's
request for purchase of radon test kits to the Edina Community Health Services
Advisory Committee for recommendation. Sanitarian Dave Velde reported that the
Committee at their meeting of September 22, 1988 had recommended approval of the
$250.00 appropriation for ten radon test kits to be used to sample radon levels in
ten Edina homes for the purpose of determining the range of radon levels in the
community. Motion of Member Turner was seconded by Member Smith to approve the
purchase of 10 radon test kits at a total cost of $250.00.
Manager Rosland recalled that at the
Ayes: Kelly, Richards, Smith, Turner, Courtney
Motion carried.
PARK BOARD MINUTES OF SEPTEMBER 13. 1988 DISCUSSED. Manager Rosland recalled that
at the last meeting the Council had been concerned about several issues reflected
in the Edina Park Board Minutes of September 13, 1988. Braemar Golf Association -
Member Richards explained that he was concerned about the request of the newly
formed Braemar Golf Association that the Edina Park Board appoint a representative
to the Association.
giving the Association some kind of approval via the Park Board rather than the
Council itself addressing any issues or policies regarding Braemar Golf Course
that would affect the community as a whole. He added that Braemar is a public
facility and it is not theirs to make policy on or deal with as they see it, but
rather to come to the Council to make the ultimate decisions as to how that
facility is run. He observed that if the Golf Association has any issue that it
should go to the Park Board to make its pitch and then the Park Board would make
its recommendations to the Council for final decision as it relates to the
facility.
that they would address all their issues to the Park Board who would then carry
them on to the Council. Member Smith said he shared the concerns of Member
Richards and that by "accepting" and taking an official vote that the Park Board
endorses the Braemar Golf Association. He said if it had been a recommendation of
the Park Board then the Council could have debated it.
because she did not know how the other athletic associations were established, she
looked at the association as the one body that the other groups, e.g. Senior
Men's, Women's League, Nine Hole, etc., could report to. Then the association
could bring their issues to the Park Board so that the Park Board would have one
body to deal with regarding golf.
He said he felt that could be interpreted as the Council
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Park Director Kojetin responded that the Golf Association had indicated
Member Kelly said that, . :.
If that would be the case she saw no problem
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with it. She added that she did not think anyone from the Park Board should be a
representative and that it should be dealt with as any of the other athletic
associations. Manager Rosland explained that the athletic associations basically
set themselves up and that staff has served as liaison to help them promote their
programs.
Council.
acceptance of the Association but that they exist like the other athletic
associations to bring their concerns to the Park Board for recommendation to the
Council. He said he would draft a letter, for the Council to approve, to the
Braemar Golf Association communicating this.
Member Richards said he would like to promote full use of the City's parks but
that he was bothered by the concept of private enterprise coming in and saying
they would like to use a facility during the off season and he questioned whether
renting to private enterprises is a good policy. Park Director Kojetin said that
there have been requests to rent City facilities for a period of time and that
this is basically a policy issue. Member Turner asked about the status of the
roller blade program.
asphalt was put in Lewis Park for a possible roller blade program.
Member Richards, Mr. Kojetin said the dekhockey would not start until March.
Member Richards said he would like to see the Park Board address some kind of
policy regarding the leasing of City facilities to the private sector and bring a
recommendation to the Council so that an answer could be given to the dekhockey
people by January. Mr. Kojetin said that this was a concern of the Park Board and
that they would like to get some direction on the issue of leasing facilities.
Member Richards made a motion to continue the matter of the lease for dekhockey at
Lewis Park to the meeting of January 12, 1989, and to refer to the Park Board the
issue of adopting a policy statement regarding the leasing of public facilities to
the private sector and to submit their recommendation by the last meeting in
December. Motion was seconded by Member Turner.
Ayes: Kelly, Richard, Smith, Turner, Courtney
Motion carried.
All issues are brought to the Park Board for recommendations to the
He suggested that they be advised that there is no formal political
Dekhockev Proposal for Lewis Park -
Mr. Kojetin said that program has not developed even though
In response to
1989 Fees & Charpes - Manager Rosland noted that the Park Board approved the 1989
Fees and Charges as presented with the following exceptions: 1) that the resident
family season ticket at the Arena be $55.00 and the resident individual season
ticket be $35.00, and 2) that the resident family season pass at the pool be
$46.00 and the resident individual season pass be $30.00.
this be discussed with the agenda item approving the 1989 Budget later in the
meeting.
Council the current financial figures so that the Council would know exactly what
they were doing by not adopting the recommended fees and charges.
EDINAMITE SILENT AUCTION PARTY DISCUSSED.' Member Turner said that the Council
has been contacted by the Centennial leadership regarding the Council's continuing
contribution of a party to the EDINAMITE silent auction on October 15, 1988.
suggested that the winter party at Braemar may have run its course and that this
be discussed by the three Council Members who will be active in 1989. Member
Smith said that this should be decided as the silent auction committee would like
to include the Council party in their publicity for EDINAMITE. He also said that
he felt something new is in order. Member Richards commented that through the
years the Council's party has been the major fund raiser for EDINAMITE and that he
would support its continuation. He suggested that the Council put on some kind of
affair sometime prior to October 15, 1989 for a minimum bid of $2,000 and that the
format be decided by the new Council.
work on something scaled down, possibly for 12 to 20 people. Member Smith offered
the suggestion of a dinner that could be made into a fun night for 20 people at
$100 each and that the dinner value be approximately $20 with the remainder
considered a contribution to The Edina Foundation. After considerable discussion,
Member Smith made a motion that the Council commit to a party at Edinborough Park
for up to 100 people for a minimum bid of $2,000 with a surprise format.
was seconded by Member Richards.
Member Turner suggested
Member Richards said that it would be helpful to have in front of the
She
Member Kelly said she would be willing to
Motion
Ayes: Smith, Richards
Abstained: Kelly
Nays: None i
AMM REQUEST FOR FUNDING FOR PROPERTY TAX COMPUTER ANALYSIS FOR 1989 APPROVED.
Manager Rosland explained that the Association of Metropolitan Municipalities
(AMM) and the Municipal Legislative Commission (MLC) have been working with the
League of Minnesota Cities (LMC) Coordinating Committee in discussing property tax
computer analysis for 1989. The LMC has committed to developing computer analysis
capability for the 1990 legislative session but a transition year is necessary to
be able to react and participate knowledgeably in the 1989 session.
Coordinating Committee has been negotiating with the Coalition of Greater
Minnesota Cities for development of a property tax reform proposal for 1989, a key
element of which, will be retention of the principles of a homestead credit. This
effort will cost approximately $185,000 for computer data update and proposal
development.
contributions. The suburbs share of funding has been targeted between $35-50,000
which will be raised voluntarily.
The
To raise this amount the cities are being asked to make
Edina, along with other larger metropolitan
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suburbs, is being asked to contribute $2,000 to this effort.
he would recommend that, if the board of the LMC also recommends participation,
that the City contribute to this effort.
contribute its share of $2,000 to the JWH for the property tax computer analysis
proposal.
Manager Rosland said
Member Kelly made a motion that the City
Motion was seconded by Member Turner.
Ayes: Kelly, Richards, Smith, Turner, Courtney
Motion carried.
DATE OF NOVEMBER 15 SET FOR COUNCIL/LEGISLATORS BREAKFAST.
recommended that the Council meet soon with our legislators and other elected
officials regarding issues that will be before the 1989 Legislature.
generally agreed to set November 15, at 7:30 a.m. as the date for the
Council/Legislators Breakfast Meeting. Member Richards suggested that items for a
tentative agenda be given to the Manager for inclusion in the next Council packet.
1988 SOLID WASTE MANAGEMENT AGREEMENT WITH HENNEPIN COUNTY APPROVED. Motion vas
made by Member Smith and seconded by Member Turner to adopt the following
resolution:
RESOLUTION
BE IT RESOLVED by the City Council of the City of Edina, Minnesota, that it hereby
approves the Solid Uaste Emagement Agreement vith Hennepin County (Contract No.
80170) to provide partial funding (60%) for Edina's recycling program;
BE IT FURTHER RESOLVED that the Council hereby authorizes and directs the Mayor
and Manager to execute the Agreement on behalf of the City.
Motion carried on rollcall vote, five ayes.
Manager Rosland
It was I
POSSIBILITY OF APPLYING FOR GRANT MONEY FOR NON-POINT SOURCE POLLUTION DISCUSSED.
Member Richards observed that he had recently seen some material relating to the
issue of non-point source pollution as it relates to public waters and the
possibility for a partnership program or grant through the Minnesota Pollution
Control Agency.
maybe the City could qualify for some moneys in cooperation with the Nine Mile
Creek Watershed District.
RESIDENT'S CONCERN REGARDING MEMORIAL GARDEN AT ST. STEPHENS CHURCH NOTED. Member
Richards referred to a letter he had received from Sue and Greg Walling, 5015
Wooddale Lane, expressing their concern regarding the plans of St. Stephens Church
for a memorial garden which would allow for the internment of ashes following
cremation.
Ordinance and that St. Stephens Church had obtained a permit from the Minnehaha
Creek Watershed District.
matter further and bring back information to the Council.
'
He suggested that staff investigate this with the thought-that
Planner Larsen said that no permit is required under the Zoning
Manager Rosland said that staff would research the
RESPONSE TO LETTER FROM DR. BYRON ARMSTRONG NOTED. Manager Rosland referred to a
draft letter in response to Dr. Byron Armstrong's letter dated September 14, 1988
which raised several issues affecting his property. He noted that Dr. Armstrong
has been given a copy of the staff report on the Erhardt request for rezoning and
subdivision and also, that regarding his rights concerning the development by
Folke Victorsen of the property adjoining his, that this is a civil matter which
must be pursued through private remedies available through the courts.
(Member Kelly left the meeting at this point.)
RESOLUTION ADOPTED RELATING TO $10.175.000 GENERAL OBLIGATION TAX INCREMENT BONDS,
SERIES 1988: AWARDING THE SALE. FIXING FORM AND DETAILS. PROVIDING FOR EXECUTION
AND DELIVERY THEREOF AND SECURITY THEREFOR. The City Clerk presented affidavits
showing publication of the Notice of Bond Sale for the $10,175,000 General
Obligation Tax Increment Bonds, Series 1988 of the City in a legal newspaper
having general circulation in 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, as required by law
and as directed by a resolution of the Council adopted September 19, 1988. The
affidavits were examined, found to comply with the provisions of Minnesota
Statutes, Chapter 475 and directed to be filed in the office of the CiCy Clerk.
The City Manager reported that six sealed bids for the $10,175,000 General
Obligation Tax Increment Bonds, Series 1988 had been received prior to the time
designated in the Notice of Bond Sale for the opening of bids. Pursuant to the
Notice of Bond Sale and the Terms and Conditions of Sale the bids have been
opened, read and tabulated, and the terms of each have been determined to be as
follows :
Bidder Cour>ons Price NIC/NIR
FBS CAPITAL MARKETS GROUP 6.40-1995 $10,047,812.50 $12,065,025.00
7.2684% DAIN BOSWORTH TNC 6.50-1996
NORWEST INVESTMENT SERVICES 6.60-1997
PIPER, JAFFRAY & HOPWOOD, INC. 6.70-1998
THE NORTHERN TRUST COMPANY OF 6.80-1999
CHICAGO 6.90-2000
ALLISON-WILLIAMS CO. 7.00-2001
AMERICAN NATIONAL BANK ST. PAUL 7.05-2002
CRONIN & CO., INC. 7.10-2003
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MILLER SECURITIES INC.
MILLER & SCHROEDER FINANCIAL,
SMITH BARNEY, HARRIS UPHAM
INC .
& CO. INC.
Robert W. Baird
Craig-Hallum
Dougherty, Dawkins, Strand
John G. Kinnard & Co.
Marquette Bank Minneapolis
Moore, Juran & Co. Inc.
M.H. Novick & Co., Inc.
Park Investment Corporation
Summit Investment
& Yost
SHEARSON LEHI" HUTTON, INC.
PRUDENTIAL BACHE CAPITAL
DEAN WITTER REYNOLDS INC.
DREXEL BURNHAM LAMBERT
GOLDMAN, SACHS & CO.
FUNDING
Rodman & Renshaw, Inc. N Ln
u-) I MERRILL LYNCH CAPITAL MARKETS m a
7.15-2004
7.20-2005
7.25-2006/07
7.30-2008/09
6.50-1995 $9,991,313.66 $12,182,278.01
6.60-1996 7.3390%
6.70-1997
6.80-1998
6.90-1999
7.00-2000
7.10-2001
7.20-2002
7.25-2003/07
7.30-2008/09
6.40-1995 $9,985,531.33 $12,183,135.34
6.50-1996 7.3396%
6.60-1997
6.70-1998
6.80-1999
6.90-2000
7.00-2001/02
7.10-2003/04
7.20-2005
7.25-2006
7.30-2007
7.35-2008
7.40-2009
MANUFACTURER'S HANOVER 6.70-1995/97 $9,986,519.75 $12,286,690.67
SECURITIES CORP. 6.80-1998 7.4019%
MARINE MIDLAND BANK, N.A. 6.90-1999
Irving Trust Company 7.00-2000
State Street Bank and Trust 7.10-2001
First Charlotte Corporation 7.20-2002/03
7.30-2004/06
7.375-2007/09
GRIFFIN, KUBIK, STEPHENS 6.50-1995 $9,994,855.50 $12,303,509.08
& THOMPSON, INC. 6.60-1996 7.4121%
BLUNT ELLIS & LOEWI, INC. 6.70-1997
CLAYTON BROWN AND ASSOCIATES, 6.80-1998
INC . 6.90-1999
7.00-2000
7.10- 2001
7.20-2002
7.30-2003/04
7.375-2005/09
HARRIS TRUST AND SAVINGS BANK
MERRILL LYNCH CAPITAL MARKETS
JOHN WEEN & CO. INCORPOMTED
BEAR, STEARNS & CO., INC.
Bank of Oklahoma, N.A.
Mercantile Bank N.A.
Hutchinson, Shockey, Erley
Juran & Moody, Inc.
Stern Brothers & Co.
Blair (William) & Company
Van Kampen Merritt Inc.
Illinois Company, Inc.
& co.
6.50-1995 $9,985.032.75 $12,413,571.42
6.60-1996 7.478%
6.70-1997
6.80-1998
6.90-1999
7.00-2000
7.10- 2001
7.20-2002
7.30-2003
7.40-2004
7.45-2005/09
Member Richards introduced the following resolution and moved its adoption:
RESOLUTION RELATING TO $10,175,000 GENERAL
OBLIGATION TAX INCREMENT BONDS, SERIES 1988;
AWARDING !CHE SALE, FIXING THE FORM AND DETAILS,
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PROVIDING FOR THE EXECUTION AND DELIVERY THEREOF
AND THE SECURITY THWEFOR
BE IT RESOLVED by the City Council of the City of Edina, Minnesota (the City), as
follows :
Section 1. Authorization and Sale.
1.01. Authorization. Pursuant to the provisions of Minnesota Statutes, Section
469.178 and Minnesota Statutes, Chapter 475, the City Council of the City has
authorized the issuance and sale of its General Obligation Tax Increment Bonds,
Series 1988 (the Bonds) in the principal amount of $10,175,000 for the purpose of
providing funds for the payment of the public redevelopment costs needed for a
redevelopment project (the Project), to be undertaken in accordance with the
Southeast Edina Redevelopment Plan (the Plan), previously established by the
Housing and Redevelopment Authority in and for the City of Edina (the Authority)
and approved by the City.
represents interest as provided in Minnesota Statutes, Section 475.56. The
Authority has established two tax increment financing districts in the area
subject to the Plan, which districts have been designated by Hennepin County as
No. 1201 and No. 1203 (the Districts).
1.02 Sale of Bonds.
required by Minnesota Statutes, Section 475.60.
Sale and the Terms and Conditions of Sale, six sealed bids for the purchase of the
Bonds were received at or before the time specified for receipt of bids. The bids
have been opened and publicly read and considered, and the purchase price,
interest rates and net interest cost under the terms of each bid have been
determined. The most favorable proposal received is that of FBS Capital Markets
Group, of Minneapolis, Minnesota and associates (the Purchaser), to purchase the
Bonds at a price of $10,047.812.50, plus accrued interest from the date of the
Bonds to the date of delivery thereof, the Bonds to bear interest at the rates set
forth in Section 3.01. The proposal is hereby accepted, and the Mayor and the
City Manager are hereby authorized and directed to execute a contract on the part
of the City for the sale of the Bonds with the Purchaser.
of the unsuccessful bidders shall be returned forthwith.
1.03. Performance of Requirements. All acts, conditions and things which are
required by the Constitution and laws of the State of Minnesota to be done, to
exist, to happen and to be performed precedent to and in the valid issuance of the
Bonds having been done, existing, having happened and having been performed, it is
now necessary for this Council to establish the form and terms of the Bonds, to
provide security therefor and to issue the Bonds forthwith.
1.04. Maturities. Pursuant to Minnesota Statutes, Section 475.54, subdivision
17, this Council hereby estimates that the tax increments from the Districts
pledged herein to the payment of the Bonds are sufficient to pay when due the
principal of and interest on the Bonds.
Section 2. Form of Bonds.
2.01. Bond Form.
f om:
$190,000 of the principal amount of the Bonds
Notice of the sale of the Bonds was duly published as
Pursuant to the Notice of Bond
The good faith checks
The Bonds shall be prepared in substantially the following
< & ' .. I : t - - 11
- -_ --. I
[Face of the Bonds1
I ..
UNITED STATES OF AMERICA
STATE OF MINNESOTA
COUNTY OF HENNEPIN
CITY OF EDINA
GENERAL OBLIGATION TAX INCREMENT BOND
SERIES 1988
No. q-
Date of Maturity Oriqinal Issue cus IP
October 1, 1988
REGISTERED
OWNER
PRINCIPAL
AMOUNT
SEE REVERSE
FOR CERTAIN DEFINITIONS
DOLLARS
THE CITY OF EDINA, Hennepin County, Minnesota (the
City), acknowledges itself to be indebted and, for value
received, hereby promises to pay to the registered owner named
above, or registered assigns, the principal amount specified above, on the maturity date specified above, with interest
thereon from the date hereof at the annual rate specified above, payable on February 1 and August 1 in each year,
commencing August 1, 1989, to the person in whose name this
Bond is registered at the close of business on the 15th day
(whether or not a business day) of the immediately preceding
month, all subject to the provisions referred to herein with
respect to the redemption of the principal of this Bond before
maturity. The interest hereon and, upon presentation and
surrender hereof at the principal office of the Bond Registrar hereafter designated, the principal hereof, are payable in lawful money of the United States of Amgrica by check or draft
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of Fi st Trust National Association, in t. Paul, Minnesota, as
Bond Registrar, Transfer Agent and Paying Agent (the Bond
Registrar), or its successor designated under the Resolution
described herein.
Additional provisions of this Bond are contained on the reverse hereof and such provisions shall for all purposes
have the same effect as though fully set forth hereon.
any purpose or be entitled to any security or benefit under the
Resolution until the Certificate of Authentication hereon shall
have been executed by the Bond Registrar by manual signature of
one of its authorized representatives.
This Bond shall not be valid or become obligatory for
IN WITNESS WHEREOF, the City of Edina, Hennepin
.County, State of Minnesota, by its City Council, has caused
this Bond to be executed by the facsimile signatures of the
Mayor and the City Manager and by a printed facsimile of the
official seal of the City and has caused this Bond to be dated as of the date set forth below.
Dated:
(Facsimile Signature)
City Manager (Facsimile Signature)
Mayor -
(Facsimile Seal)
CERTIFICATE OF AUTHENTICATION
This is one of the Bonds delivered pursuant to the Resolution mentioned within.
FIRST TRUST NATIONAL ASSOCIATION,
as Bond Registrar
BY Authorized Representative
[Reverse of the Bonds1
This Bond is one of an issue in the aggregate
principal amount of $10,175,000 (the "Bonds"), issued pursuant
to a resolution adopted by the City Council on October 3, 1988 (the "Resolution") to pay the capital and administrative costs
of a redevelopment project to be undertaken in accordance with
the Southeast Edina Redevelopment Plan (the "Redevelopment
Plan") of the Housing and Redevelopment Authority of Edina, Minnesota (the "Authority"), which Redevelopment Plan covers
certain property located in the City. The Bond is issued
pursuant to and in full conformity with the provisions of the Constitution and laws of the State of Minnesota thereunto
enabling, including Minnesota Statutes, Section 469.178 and
Chapter 475.
increments to be derived from two tax increments financing
districts established by the Authority in the area subject to
the Redevelopment Plan (the "Districts") which have been pledged to the payment of the Bonds by the Resolution. In
addition, for the full and prompt payment of the principal and
interest on the Bonds as the same become due, the full faith,
credit and taxing power of the City have been and are irrevocably pledged. The Bonds are issuable only as fully
registered bonds, in denominations of $5,000 or anymultiple
thereof, of single maturities.
payable on their respective stated maturity dates without
option of prior payment, but Bonds having stated maturity dates in the years 1999 through 2009 are each 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 in $5,000
principal amounts selected by lot, within any maturity, on
February 1, 1998 and on any interest payment date thereafter,
at a price equal to the principal amount thereof to be redeemed
plus interest accrued to the date of redemption. At least thirty days prior to the date set for redemption of any Bond,
notice of the call for redemption will be published in a daily or weekly periodical, published in a Minnesota city of the
first class or its metropolitan area, which circulates
throughout the state and furnishes financial news as a part of
its service, and will be mailed to the Bond Registrar and to
the registered owner of each Bond to be redeemed at his address
appearing in the Bond Register, but no defect in or failure to
give such mailed notice of redemption shall affect the validity
of proceedings for the redemption of any Bond. Upon partial
redemption of any Bond, a new Bond or Bonds will be delivered
to the registered owner without charge, representing the
remaining principal amount outstanding.
As provided in the Resolution and subject to certain
limitations set forth therein, this Bond is transferable upon
the books of the City at the principal office of the Bond
Registrar, by the registered owner hereof in person or by his
The Bonds are payable primarily from tax
Bonds maturing in the years 1995 through 1998 are
10 /3/ 88
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attorney duly authorized in writing upon surrender hereof
together with a written instrument of transfer satisfactory to
the Bond Registrar, duly executed by the registered owner or his attorney; and may also be surrendered in exchange for Bonds of other authorized denominations.
exchange, the City will cause a new Bond or Bonds to be issued
in the name of the transferee or registered owner, of the same .
aggregate principal amount, bearing interest at the same rate and maturing on the same date, subject to reimbursement for any
tax, fee or governmental charge required to be paid with
respect to such transfer or exchange.
person in whose name this Bond is registered as the absolute owner hereof, whether this Bond is overdue or not, for the
purpose of receiving payment and for all other purposes, and
neither the City nor the Bond Registrar shall be affected by
any notice to the contrary.
that all acts, conditions and things required by the
Constitution and laws of the State of Minnesota to be done, to
exist, to happen and to be performed precedent to and in the issuance of this Bond in order to make it a valid and binding
general obligation of the City according to its terms have been
done, do exist, have happened and have been performed in
regular and due form as so required; that prior to the issuance
hereof, the City has pledged and appropriated tax increments to
be derived by the City from the Districts to a sinking fund
established for the payment of the Bonds; that, if necessary for the payment of principal and interest on the Bonds, ad
valorem taxes are required to be levied upon all taxable
property in the City, which levy is not limited as to rate or
amount; and that the issuance of this Bond does not cause the
indebtedness of the City to exceed any constitutional or
statutory limitation.
Upon such transfer or
The City and the Bond Registrar may deem and treat the
IT IS HEREBY CERTIFIED, RECITED, COVENANTED AND AGREED
The following abbreviations, when used in the
inscription on the face of this Bond, shall be construed as
though they were written out in full according to the
applicable laws or regulations:
TEN COM -- as tenants UNIF GIFT MIN ACT.....Custodian..... in common (Cust) (Minor)
by the entireties
TEN ENT -- as tenants
under Uniform Gifts to JT TEN -- as joint tenants with right of '
survivorship and Act......................
not as tenants in (State)
common
Minors
Additional abbreviations may also be used.
~______
ASSIGNMENT I
FOR VALUE ReCEIVED, the undersigned hereby sells, assigns and transfers unto
the within Bond and all rights thereunder, and hereby
irrevocably constitutes and appoints
attorney to transfer the within Bond on the books kept for
registration thereof, with full power of substitution in the
premises.
Dated:
PLEASE INSERT SOCIAL SECURITY
OR OTHER IDENTIFYING NUMBER NOTICE: The signature to this OF ASSIGNEE:
/ / particular, without alteration
,
I
assignment must correspond with
the name as it appears upon the face of the within Bond in every
or any change whatsoever.
Signature(s1 must be guaranteed
by a commercial bank or trust company or by a brokerage firm having a membership in one of
the major stock exchanges.
2.01. Form of Certificate.
shall appear on the reverse side of each Bond, following a copy of the text of the
legal opinion Bond Counsel:
Ue certify that the above is a full, true and correct copy of the legal opinion
rendered by Bond Counsel on the issue of the Bonds of the City of Edina which
lncludes the vithin Bond, dated as of the date of delivery of and payment for the
Bonds.
A certificate in substantially the folloving form
(Facsimile signature) (Facsimile signature)
City Manager Mayor
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Section 3. Bond Terms. Execution and Delivery.
3.01. Maturities. Interest Rates. Denominations. Payment, and Dating of Bonds.
The City shall forthwith issue and deliver the Bonds, which shall be denominated
"General Obligation Tax Increment Bonds, Series 1988."
issuable in the denomination of $5,000 each or any integral multiple thereof,
shall mature on February 1 in the years and amounts set forth below, and Bonds
maturing in such years and amounts shall bear interest from date of issue until
paid or duly called for redemption at the rates per annum shown opposite such
years and amounts as follows:
The Bonds shall be
- Year Amount Rate Year Amount - Rate
1995 $250,000 6.40% 2003 $625,000 7.10%
1996 75,000 6.50 2004 700,000 7.15
1997 175,000 6.60 2005 750,000 7.20
1998 250,000 6.70 2006 825,000 7.25
1999 325,000 6.80 2007 1,325,000 7.25
2000 425,000 6.90 2008 1,650,000 7.30
2001 475,000 7.00 2009 1,800,000 7.30
2002 525,000 7.05
The bonds shall be issuable only in fully registered form. The interest thereon
and, upon surrender of each Bond, the principal amount thereof, shall be payable
by check or draft issued by the Registrar described therein. Each Bond shall be
dated as of its date of initial authentication.
3.02. Interest Payment Dates.
1 and August 1 in each year, commencing August 1, 1989, to the owner of record
thereof as of the close of business on the fifteenth day of the immediately
preceding month, whether or not such day is a business day.
3.03. Repistration. The City shall appoint, and shall maintain, a bond
registrar, transfer agent and paying agent (the Registrar).
registration and the rights and duties of the City and the Registrar with respect
thereto shall be as follows:
(a) Register.
bond register in which the Registrar shall provide for the registration of
ownership of Bonds and the registration of transfers and exchanges of Bonds
entitled to be registered, transferred or exchanged.
(b) Transfer of Bonds.
duly endorsed by the registered owner thereof or accompanied by a written
instrument of transfer, in form satisfactory to the Registrar, duly executed by
the registered owner thereof or by an attorney duly authorized by the registered
owner in writing, the Registrar shall authenticate and deliver, in the name of the
designated transferee or transferees, one or more new Bonds of a like aggregate
principal amount and maturity, as requested by the transferor. The Registrar may,
however, close the books for registration of any transfer after the fifteenth day
of the month preceding each interest payment date and until such interest payment
date.
(c) Exchange of Bonds. Whenever any Bond is surrendered by the registered owner
for exchange, the Registrar shall authenticate and deliver one or more new Bonds
of a like aggregate principal amount and maturity, as requested by the registered
owners or the owner's attorney duly authorized in writing.
(d)
promptly cancelled by the Registrar and thereafter disposed of as directed by the
city.
(e) Registrar for transfer, the Registrar may refuse to transfer the same until it is
satisfied that the endorsement on such Bond or separate instrument of transfer is
legally authorized.
good faith, to make transfers which it, in its judgement, deems improper or
unauthorized.
(f) Persons Deemed Owners.
whose name any Bond is at any time registered in the bond register as the absolute
owner of such Bond, whether such Bond shall be overdue or not, for the purpose of
receiving payment of, or on account of, the principal of and interest on such Bond
and for all other purposes, and all such payments so made to any such registered
owner or upon the owner's order shall be valid and effectual to satisfy and
discharge the liability of the City upon such Bond to the extent of the sum or
sums so paid.
(8) Taxes, Fees and CharPes. For every transfer or exchange of Bonds (except for
an exchange upon a partial redemption of a Bond), the Registrar may impose a
charge upon the owner thereof sufficient to reimburse the Registrar for any tax,
fee or other governmental charge required to be paid with respect to such transfer
or exchange.
(h) Mutilated. Lost Stolen or Destroyed Bonds.
mutilated or be lost, stolen or destroyed, the Registrar shall deliver a new Bond
of like amount, number, maturity date and tenor in exchange and substitution for
and upon cancellation of any such mutilated Bond or in lieu of and in substitution
for any such Bond lost, stolen or destroyed, upon the payment of the reasonable
expenses and charges of the Registrar in connection therewith; and, in the case of
a Bond lost, stolen or destroyed, upon filing with the Registrar of evidence
satisfactory to it that such Bond was lost, stolen or destroyed, and of the
Interest on the Bonds shall be payable on February
The effect of
The Registrar shall keep, at its principal corporate trust office a
Upon surrender to the Registrar for transfer of any Bond
Cancellation. All Bonds surrendered upon any transfer or exchange shall be
Improper or Unauthorized Transfer. When any Bond is presented to the
The Registrar shall incur no liability for its refusal, in
The City and the Registrar may treat the person in
In cas& any Bond shall become
10/3/88
288
ownership thereof, and upon furnishing to the Registrar of an appropriate bond or
indemnity in form, substance and amount satisfactory to it, in which both the City
and the Registrar shall be named as obligees.
Registrar shall be cancelled by it and evidence of such cancellation. shall be
given to the City. If the mutilated, lost, stolen or destroyed Bond has already
matured or been called for redemption in accordance with its terms, it shall not
be necessary to issue a new Bond prior to payment.
(i) Authenticating Bsent. The Registrar is hereby designated authenticating
agent for the Bonds, within the meaning of Minnesota Statutes, Section 475.55,
subdivision 1.
3.04. Amointment of Initial Repristrar. The City hereby appoints First Trust
National Association, as the initial Registrar. The Mayor and the City Manager
are authorized to execute and deliver, on behalf of the City, a contract with
First Trust National Association, as Registrar. Upon merger or consolidation of
the Registrar with another corporation, if the resulting corporation is a bank or
trust company authorized by law to conduct such business, such corporation shall
be authorized to act as successor Registrar.
reasonable and customary charges of the Registrar for the services performed.
City reserves the right to remove any Registrar upon thirty (30) days' notice
upon the appointment of a successor Registrar, in which event the predecessor
Registrar shall deliver all cash and Bonds in its possession to the successor
Registrar and shall deliver the bond register to the successor Registrar.
before each principal or interest due date, without further order of this Council,
the City Finance Director shall transmit to the Registrar fromthe Bond Fund,
moneys sufficient for the payment of all principal and interest then due.
3.05 Redemption. Bonds maturing in the years 1995 through 1998 shall not be
subject to redemption prior to maturity, but Bonds maturing in the years 1999
through 2009 shall each be subject to redemption and prepayment, at the option of
the City, in whole or in part, and if in part, in inverse order of maturities and,
within any maturity, in $5,000 principal amounts selected by the Registrar by lot,
on February 1, 1988 and on any interest payment date thereafter at a price equal
to the principal amount thereof to be redeemed plus interest accrued to the date
of redemption. At least thirty days prior to the date set for redemption of any
Bond, the City Manager shall cause notice of the call for redemption to be
published in a daily or weekly periodical published in a Minnesota city of the
first class or its metropolitan area, which circulates throughout the state and
furnishes financial news as a part of its service, and to be mailed to the
Registrar and to the registered owner of each Bond to be redeemed, but no defect
in or faflure'to give such mailed notice of redemption shall affect the validity
of proceedings for the redemption of any Bond not affected by such defect or
failure.
delivered to the registered owner without charge. representing the remaining
principal amount outstanding.
3.06. The Bonds shall be prepared under the direction
of the City Manager and shall be executed on behalf of the City by the signatures
of the Mayor and the City Manager, and shall be sealed with the official corporate
seal of the City; provided that said signatures and the corporate seal may be
printed, engraved, or lithographed facsimiles thereof. In case any officer whose
signature, or a facsimile of whose signature, shall appear on the Bonds shall
cease to be such officer before the delivery of any Bond, such signature or
facsimile shall nevertheless be valid and sufficient for all purposes, the same as
if such officer had remained in office until delivery. Notwithstanding such
execution, no Bond shall be valid or obligatory for any purpose or entitled to any
security or benefit under this resolution unless and until a certificate of
authentication on such Bond has been duly executed by the manual signature of an
authorized representative of the Registrar.
different Bonds need not be signed by the same representative.
certificate of authentication on each Bond shall be conclusive evidence that it
has been authenticated and delivered under this resolution. Uhen the Bonds have
been so executed and authenticated, they shall be delivered by the City Manager to
the purchaser thereof upon payment of the purchase price in accordance with the
contract of sale theretofore made and executed, and the purchaser shall not be
obligated to see to the application of the purchase price.
Section 4. Security Provisions.
4.01. Construction Fund. A Construction Fund is hereby created, as a special
fund and designated on the books of the City as the "1988 Tax Exempt Tax Increment
Bonds Construction Fund" (the Construction Fund), to be held and administered by
the City Finance Director separate and apart from all other funds of the City.
The City hereby appropriates to the Construction Fund all of the proceeds received
fromthe sale of the Bonds, less the amount to be deposited in the Bond Fund,
pursuant to Section 4.02 hereof. Honeys on hand in the Construction Fund from
time to time shall be used solely to pay capital and administrative costs of the
Authority and the City in connection with the Project as set forth in the Plan.
Any amounts remaining in the Construction Fund upon completion of the Project and
payment of all of the costs thereof shall be transferred to the Bond Fund or used
to pay capital and administrative costs of the Authority and the City in
connection with any other redevelopment project undertaken pursuant to the Plan.
All Bonds so surrendered to the
I
The City agrees to pay the
The
and
On or
I
1
u
Upon the partial redemption of any Bond, a new Bond or Bonds will be
Preparation and Deliveq.
I
I Certificates of authentication on
The executed
.- I
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289
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4.02. Bond Fund. A Bond Fund is hereby created, as a special fund and designated
on the books of the City as the 1988 Tax Exempt Tax Increment Bonds Bond Fund (the
"Bond Fund"), to be held and administered by the City Finance Director separate
and apart from all other funds of the City. The principal of and interest on the
Bonds to be issued at the same time as the Bonds to pay a portion of the costs of
the Project shall be payable from the Bond Fund.
any additional bonds issued pursuant to Section 4.04 hereof and made payable from
the Bond Fund, are outstanding and any principal thereof or interest thereon
unpaid, the City Finance Director shall maintain the Bond Fund, as a separate and
special account to be used for the payment of the principal of, premium, if any,
and interest on the Bonds, and on all other general obligation bonds now or
hereafter issued by the City and made payable therefrom, to finance costs incurred
by the City in accordance with the Plan in aid of the Project and any other
redevelopment project to be undertaken in accordance with the Plan.
hereby irrevocably appropriates to the Bond Fund (a) the accrued interest on the
Bonds and any amount in excess of $9,985,000 bid for the Bonds and received from
the Purchaser upon delivery of the Bonds, (b) the tax increments derived from the
District designated by Hennepin County as No. 1203 received by the City from the
Authority to pay the Bonds, (c) tax increment derived by the District designated
by Hennepin County as No. 1201which are appropriated by the City to the Bond Fund
from the Bond Fund established by the City in connection with its General
Obligation Bonds, Series 1981 pursuant to Section 4.04 of a resolution adopted by
the City Council on October 5, 1981 (the 1981 Bond Resolution), and (d) any other
moneys appropriated or pledged by the terms of this Resolution to the Bond Fund.
The City expressly reserves the right to use amounts in the Bond Fund (other than
the amounts initially deposited therein upon the issuance of the Bonds) to finance
or pay directly costs paid or incurred by the City pursuant to the Plan in
connection with the Project and any other projects to be undertaken in accordance
vith the Plan.
4.03. The full faith and credit and taxing power
of the City shall be and are hereby irrevocably pledged for the prompt and full
payment of the principal of and interest on the Bonds.
tax increment from the Districts and other funds herein pledged for the payment of
the Bonds will be collected in amounts not less than five percent in excess of the
amounts needed to meet when due the principal of and interest on the Bonds as
required by Minnesota Statutes, Section 475.61. Consequently, no ad valorem taxes
are now levied to pay the Bonds or the interest to come due thereon, pursuant to
Minnesota Statutes, Section 469.178, subdivision 2. If the money on hand in the
Bond Fund should at any time be insufficient to pay principal and interest due on
all bonds payable therefrom, such amounts shall be paid from any other fund of the
City and such other fund shall be reimbursed therefor when sufficient moneys are
available in the Bond Fund. If on October 1 in any year the sum of the balance in
the Bond Fund plus the amcnmt of tax increment to be derived from the District is
not sufficient to pay when due all principal and interest to become due on all
bonds payable therefrom in the following calendar year, or the Bond Fund has
incurred a deficiency in the manner provided in this Section 4.03, a direct,
irrepealable, ad valorem tax shall be levied on all taxable property within the
corporate limits of the City for the purpose of restoring such accumulated or
anticipated deficiency in accordance vith the provisions of this Resolution.
4.04. Additional Bonds.
payable from the Bond Fund and tax increments to be derived from the Districts as
may be required to finance costs of the Project not financed hereby or to finance
costs of other projects to be undertaken in accordance with the Redevelopment
Plan.
4.05. Additional Bonds Under 1981 Bond Resolution. Since the Bonds will be
payable Is part from tax increment derived from the District designated by
Hennepin County as No. 1201, the Bonds constitute "additional bonds" payable from
the Bond Fund established by the 1981 Bond Resolution and are authorized to be
issued by Section 4.07 of the 1981 Bond Resolution.
4.06. The Mayor and City Manager are hereby authorized
to execute and deliver on behalf of the City such documents as may be appropriate
to evidence the pledge and appropriation of the tax increments from Districts by
the Authority to the CXty to pay the Bonds.
Section 5. When any Bond has been discharged as provided in this
section, all pledges, covenants and other rights granted by this resolution to the
holders of such Bonds shall cease, and such Bonds shall no longer be deemed to be
outstanding under this Resolution. The City may discharge its obligations with
respect to any Bond thereto which are due on any date by depositing with the
paying agent on or before that date a sum sufficient for the payment thereof in
full; or, if any Bond should not be paid when due, it may nevertheless be
discharged by depositing with the paying agent a sum sufficient for the payment
thereof in full with interest accrued to the date of such deposit.
also discharge its obligations with respect to any prepayable Bond according to
its terms, by depositing with the paying agent on or before that date an amount
equal to the principal, interest and redemption premium, if any, which are then
due, provided that notfce of such redemption has been duly given as provided
herein.
any Bonds, subject to the provisions of law now or hereafter authorizing and
So long as any of the Bonds or
The City
Full Faith and Credit Pledged.
It is estimated that the
.
The City reserves the right to issue additional bonds
Execution of Documents.
Defeasance.
The City may
The City may also at any time discharge its obligations with respect to
290
regulating such action, by depositing irrevocably in escrow, with a bank qualified
by law as an escrow agent for this purpose, cash or securities which are
authorized by law to be so deposited, bearing interest payable at such times and
at such rates and maturing on such dates as shall be required to pay all
principal, interest and redemption premiums to become due thereon to maturity or
said redemption date.
Section 6. Countv Auditor Registration. Certification of Proceedings. Investment
of Honeys. Arbitrape. Designation of Bonds as Qualified Tax Exempt Obliprations and
Official Statement.
6.01.
directed to file a certified copy of this resolution with the County Auditor of
Hennepin County, together with such other information as the County Auditor shall
require, and to obtain from said County Auditor a certificate that the Bonds have
been entered on his bond register as required by law.
6.02.
Auditor of Hennepin County are hereby authorized and directed to prepare and
furnish to the purchaser of the Bonds and to Dorsey & Whitney, Bond Counsel.
certified copies of all proceedings and records of the City, and such other
affidavits, certificates and information as may be required to show the facts
relating to the legality and marketability of the Bonds as the same appear from
the books and records under their custody and control or as otherwise known to
them, and all such certified copies, certificates and affidavits, including any
heretofore furnished, shall be deemed representations of the City as to the facts
recited therein.
6.03. The City covenants and agrees with the holders from time to
time of the Bonds that it will not take or permit to be taken by any of its
officers, employees or agents any action which would cause the interest on the
Bonds to become subject to taxation under the Internal Revenue Code of 1986, as
amended (the Code), and the Treasury Regulations promulgated thereunder (the
Regulations), and covenants to take any and all actions within its powers to
ensure that the interest on the Bonds will not become subject to taxation under
the Code and the Regulations.
of Treasury an information reporting statement in the form and at the time
prescribed by the Code.
6.04. Arbitrage Certification. The Mayor and the City Manager, being the
officers of the City charged with the responsibility for issuing the Bonds
pursuant to this resolution, are authorized and directed to execute and deliver to
the purchaser thereof a certificate in accordance with the provisions of Section
148 of the Code, and Sections 1.103-13, 1.103-14 and 1.104-15 of the Regulations,
stating the facts, estimates and circumstances in existence on the date of issue
and delivery of the Bonds which make it reasonable to expect that the proceeds of
the Bonds will not be used in a manner that would cause the Bonds to be arbitrage
bonds within the meaning of the Code and Regulations.
6.05. The City will not use the proceeds of
the Bonds in such a manner as to cause the Bonds to be "arbitrage bonds" within
the meaning of Section 148 of the Code and applicable Regulations; to this end,
the City shall:
maintain records identifying all "gross proceeds" (as defined in Section
148<f)(6)(B) of the Code) attributable to the Bonds, the yield at which such gross
proceeds are invested, any arbitrage profit derived therefrom (earnings in excess
of the yield on the Bonds) and any earnings derived from the investment of such
arbitrage prof it ;
make, or cause to be made as of the anniversary date of the issuance of
the Bonds, the annual determinations of the amount, if any, of excess arbitrage
required to be paid to the United States by the City (the Rebate Amount);
pay, or cause to be paid, to the United States at least once every five
Bond Years the amount, if any, which is required to be paid to the United States,
including the last installment which shall be made no later than 60 days after the
day on which the Bonds are paid in full; and
until six (6) years after the Bonds have been fully paid.
In order to comply with the foregoing requirements, the City Finance Director
shall determine the Rebate Amount within 30 days of each anniversary date of the
issuance of the Bonds and upon payment in full of the Bonds and shall deposit such
Rebate Amount in a separate account and shall separately account for the earnings
from the investment of the Rebate Amount. In the event the foregoing requirements
conflict with the requirements of the Regulations promulgated under Section 148(f)
of the Code, the requirements of such Regulations shall be controlling.
6.06. Official Statement. The Official Statement, dated as of September 21,
1988, relating to the Bonds prepared and distributed by Public Financial Systems,
Inc., the financial consultant for the City, is hereby approved, and the officers
of the City are authorized in connection with the delivery of the Bonds to sign
such certificates as may be necessary with respect to the completeness and
County Auditor Registration. The City Clerk is hereby authorized and
Certification of Proceedinvs. The officers of the City and the County
Tax Covenant.
The City will cause to be filed with the Secretary
Compliance With Rebate Reauirement.
(i)
(ii)
(iii)
(iv) retain all records of the annual determination of the foregoing amounts
c accuracy of the Official Statement.
Mayor
ATTEST :
Jh&% w Lc,
City Clerk
1013188
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The motion for the adoption of the
Member Turner, and upon vote being
thereof:
foregoing resolution was duly seconded by
taken thereon, the following voted in favor
Richards, Smith, Turner, Courtney
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted, and was signed by
the Mayor, whose signature was attested by the City Clerk.
None
i
RESOLUTION ADOPTED RELATING TO $5.100.000 GENERAL OBLIGATION TAXABLE TAX INCREMENT
BONDS, SERIES 1988: AWARDING SALE, FIXING FORM AND DETAILS AND PROVIDING FOR
EXECUTION AND DELIVERY THEREOF AND SECURITY THEREFOR. The City Clerk presented
affidavits showing publication of the Notice of Bond Sale of $5,100,000 General
Obligation Taxable Increment Bonds, Series 1988 of the City in a legal newspaper
having general circulation in 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, as required by law
and as directed by a resolution of the City Council adopted September 19, 1988.
The affidavits were examined, found to comply with the provisions of Minnesota
Statutes, Chapter 475 and directed to be filed in the office of the City Clerk.
The City Manager reported that four sealed bids for the $5,100,000 General
Obligation Taxable Tax Increment Bonds, Series 1988 had been received prior to the
time designated in the Notice of Bond Sale for the opening of bids.
the Notice of Bond Sale and Terms and Conditions of Sale the bids have been
opened, read and tabulated and the terms of each have been determined to be as
follows:
NI C /NIR Bidder Coupons Price
MILLER SECURITIES INC. 9.20-1995 $5,023,500.00 $8,061,587.50
NORTHERN TRUST COMPANY 9.25-1996 9.6981%
Pursuant to
Smith Barney, Harris 9.30-1997
Upham & Co. Inc. 9.35-1998/99
Dougherty, Dawkins, 9.40-2000/01
Strand & Yost 9.45-2002/03
M.H. Novick 6 Co., Inc. 9.50-2004
9.55-2005
9.60-2006 .
9.65-2007
9.70-2008
9.75-2009
9.10-1995 $5,008,475.75 $8,080,224.25
9.25-1996 9.7205%
9.30-1997/98
9.40-1999/00
9.50-2001/02
9.60-2003/07
9.70-2008/09
I THE FIRST BOSTON CORPORATION
GRIFFIN, KUBIK, STEPHENS &
BLUNT ELLIS & LOEWI, INC.
CLAYTON BROWN AND ASSOCIATES,
THOMPSON, INC.
INC .
MBANK CAPITAL MARKETS
9.20-1995 $5,018,776.00 $8,261,507.33
9.30-1996 9.9386%
9.40-1997
9.50-1998
9.60-1999/00
9.70-2001
9.75-2002
9.80-2003/04
9.90/2005/09
9.40-1995/96 $5,005,000.00 $8,337,516.67
9.50-1997/99 10.0301%
9.60-2000
9.70-2001
9.80-2002/03
9.90-2004/05
10.000-2006/09
Member Turner introduced the following resolution and moved its adoption:
RESOLUTION RELBTING TO $5,100,000 GENERBL
OBLIGATION TAXABLE TAX INCREMENT BONDS,
AND DETAILS AND PROVIDING FOR THE EXECUTION
SERIES 1988; AWARDING THE SALE, FIXING THE FORM
THEREOF AND THE SECURITY THEREFOR
BE IT RESOLVED by the City Council of the City of Edina, Minnesota (the City), as
follows :
Section 1. Recitals: Authorization and Sale of Bonds.
1.01. Authorization. Pursuant to the provisions of Minnesota Statutes, Section
469.178 and Minnesota Statutes, Chapter 475, the City Council of the City has
authorized the issuance and sale of its General Obligation Tax Increment Taxable
Bonds, Series 1988 (the Bonds) in the principal amount of $5,100,000 for the
10/3/88
provide security therefor and to issue the Bonds forthwith.
1.04. Maturities. Pursuant to mesota Statutes, Section 475.54, subdivision
17, this Council hereby estimates that the tax increment from the Districts
pledgedherein to the payment of the Bonds are sufficient to pay when due the
292
[Face of the Bonds]
UNITED STATES OF AMERICA
STATE OF MINNESOTA
COUNTY OF HENNEPIN
CITY OF EDINA
GENERAL OBLIGATION TAXABLE TAX INCREMENT BOND SERIES 1988
No.. $-
- Rate Maturity Oriqinal Issue CUSIP
Date df
October 1, 1988
REGISTERED OWNER:
PRINCIPAL AMOUNT:
SEE REVERSE
FOR CERTAIN
DEFINITIONS
DOLLARS
THE CITY OF EDINA, Hennepin County, Minnesota (the
City), acknowledges itself to be indebted and, for value
received, hereby promises to pay to the registered owner named
above, or registered assigns, the principal amount specified
above, on the maturity date specified above, with interest
thereon from the date of original issue specified above, or the
most recent interest payment date to which interest has been
paid or duly provided for, at the annual rate specified above.
Interest hereon is payable on February 1 and August 1 in each
year, commencing August 1, 1989, to the person in whose name
this Bond is registered at the close of business on the 15th
day (whether or not a business day) of the immediately
preceding month, all subject to the provisions referred to
herein with respect to the redemption of the principal of this
Bond before maturity. The interest hereon and, upon
Presentation and surrender hereof at the principal office Of
the Bond Registrar here; Tter designated, the principal hereof,
are payable in lawful money of the United States of America by check or draft of First Trust National Association, in
St. Paul, Minnesota, as Bond Registrar, Transfer Agent and
Paying Agent (the Bond Registrar), or its successor designated under the Resolution described herein.
the reverse hereof and such provisions shall for all purposes
have the same effect as though fully set forth hereon.
Additional provisions of this Bond are contained on
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This Bond shall not be valid or become obligatory for
any purpose or be entitled to any security or benefit under the
Resolution until the Certificate of Authentication hereon shall have been executed by the Bond Registrar by manual signature Of
one of its authorized representatives.
County, State of Minnesota, by its City Council, has caused
this Bond to be executed by the facsimile signatures of the
Mayor and the City Manager and by a printed facsimile of the
official seal of the City and has caused this Bond to be dated
as of the date set forth below.
.
IN WITNESS WHEREOF, the City of Edina, Hennepin
(Facsimile Signature)
City Manager
(Facsimile Signature) Mayor
(Facsimile Seal)
Date of Authentication:
CERTIFICATE OF AUTHENTICATION
This is one of the Bonds delivered pursuant to the
Resolution mentioned within.
FIRST TRUST NATIONAL ASSOCIATION,
as Bond Registrar
BY Authorized Representative
[Reverse of the Bonds]
This Bond is one of an issue in the aggregate
principal amount .of $5,100,000 (the "Bonds") , issued pursuant
to a resolution adopted by the City Council on October 3, 1988
(the "Resolution") to pay the capital and administrative costs
of a redevelopment project to be undertaken in accordance with
the Southeast Edina Redevelopment Plan (the "Redevelopment
Plan") of the Housing and Redevelopment Authority of Edina,
Minnesota (the "Authority"), which Redevelopment Plan covers
certain property located in the City. This Bond is issued
pursuant to and in full conformity with the provisions of the
Constitution and laws of the State of Minnesota thereunto
. enabling, including Mi?nesota Statutes, Section 469.178 and
Chapter 475. The Bonds are payable primarily from tax
increments to be derived by the City from two tax increment
financing districts established by the Authority in the area
subject to the Redevelopment Plan (the "Districts") which have
been pledged to the payment of the Bonds by the Resolution. In
addition, for the full and prompt payment of the principal and
interest on tHe Bonds as the same become due, the full faith,
credit and taxing power of the City have been and are
irrevocably pledged. The Bonds are issuable only as fully
registered bonds, in denominations of $5,000 or any multiple
thereof, of single maturities.
Bonds maturing in the years 1995 through 1998 are
payable on their respective stated maturity dates without
option of prior payment, but Bonds having stated maturity dates
in the years 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 in $5,000 principal amounts selected by lot
within a maturity, on February 1, 1998 and on any interest
payment date thereafter, at a price equal to the principal
amount thereof to be redeemed plus interest accrued to the date
of redemption. At least thirty days prior to the date set for
redemption of any Bond, notice of the call for redemption will
be published in a daily or weekly periodical, published in a
Minnesota city of the first class or its metropolitan area,
which circulates throughout the state and furnishes financial
news as a part of its service, and will be mailed to the Bond
Registrar and to the registered'owner of each Bond to be
redeemed at his address appearing in the Bond Register, but no
defect in or failure to give such mailed notice of redemption
shall affect the validity of proceedings for the redemption of
any Bond. Upon partial redemption of any Bond, a new Bond or
Bonds will be delivered to the registered owner without charge,
representing the remaining principal amount outstanding.
AS provided in the Resolution and subject to certain'
limitations set forth therein, this Bond is transferable upon the books of the City at the principal office of the Bond
Registrar, by the registered owner hereof in person or by his
attorney duly authorized in writing upon surrender hereof
together with a written instrument of transfer satisfactory to
the Bond Registrar, duly executed by the registered owner or
his attorney; and may also be surrendered in exchange for Bonds
of other authorized denominations. Upon such transfer or
exchange, the City will cause a new Bond or Bonds to be issued
in the name of the transferee or registered owner, of the same
aggregate principal amount, bearing interest at the same rate
and maturing on the same date, subject to reimbursement for any
tax, fee or governmental charge required to be paid with
respect to such transfer or exchange.
10/3/88
294
The City and the Bond Registrar may deem and treat the .
person in whose name this Bond is registered as the absolute
owner hereof, whether this Bond is overdue or not, for the purpose of receiving payment and for all other purposes, and
neither the City nor the Bond Registrar shall be affected by
any notice to the contrary.
that all acts, conditions and things required by the
Constitution and laws of the State of Minnesota to be done, to
exist, to happen and to be performed precedent to and in the
issuance of this Bond in order to make it a valid and binding
general obligation of the City according to its terms have been
done, do exist, have happened and have.been performed in
regular and due form as so required; that prior to the issuance
hereof, the City has pledged and appropriated tax increments to be derived by the City from the Districts to a sinking fund
established for the payment of the Bonds; that, if necessary for the payment of the principal and interest on the Bonds, the
City is required by law to levy ad valorem taxes upon all
taxable property within the City without limitation as to rate
or amount; and that the issuance of this Bond does not cause
the indebtedness of the City to exceed any constitutional or
statutory limitation.
IT IS HEREBY CERTIFIED, RECITED, COVENANTED AND AGREED
The following abbreviations, when used in the
inscription on the face of this Bond, shall be construed as
though they were written out in full according to the
applicable laws or regulations:
TEN COM -- as tenants UNIF GIFT MIN ACT ..... Custodian.....
in common (Cust) (Minor )
TEN ENT -- as tenants
by the entireties
under Uniform Gifts to
JT TEN -- as joint tenants Minors
. with right of . , .- -. ..
survivorship and Act......................
not as tenants in (State)
common
(State)
Additional abbreviations may also be used.
ASSIGNMENT
FOR VALUE RECEIVED, the undersigned hereby sells,
assigns and transfers unto t
the within Bond and all rights thereunder, and hereby
irrevocably constitutes and appoints
attorney to transfer the within Bond on the books kept for
registration thereof, with full power of substitution in the
premises.
Dated:
PLEASE INSERT SOCIAL SECURITY
OR OTHER IDENTIFYING NUMBER NOTICE.: The signatures to this
OF ASSIGNEE: assignment must correspond with
the name as it aupears upon the face of the within Bond in every
or any change whatsoever.
/ / particular, without alteration
Signature(s) must be guaranteed by a commercial bank or trust
company or by a brokerage firm
having a membership in one of
the major stock exchanges.
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2.02.
shall appear on the reverse side of each Bond, following a copy of the text of the
legal opinion of Bond Counsel:
rendered by Bond Counsel on the issue of Bonds of the City of Edina which includes
the within Bond, dated as of the date of delivery of and payment for the Bonds.
Form of Certificate. A certificate in substantially the following form
- We certify that the above is a full, true and correct copy of the legal opinion
(Facsimile signature) (Facsimile signature)]
Ciw Manager Mayor
Section 3. Bond Terms. Execution and Delivery.
3.01. Haturities. Interest Rates. Denominations. Pavment. Dating of Bonds. The
City shall forthwith issue and deliver the Bonds, which shall be denominated
"General Obligation Taxable Tax Increment Bonds, Series 1988."
dated initially as of October 1, 1988, shall be issuable in the denomination of
$5,000 or any integral multiple thereof, shall mature on February 1 in the years
and amounts set forth belov, and Bonds maturing in such years and amounts shall
bear interest from October 1, 1988 until paid or duly called for redemption at the
rates per annum shown opposite such years and amounts as follows:
The Bonds shall be
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Year Amount - Rate
1996 50,000 9.25 2004 350,000 9.50
1998 125,000 9.35 2006 450,000 9.60
1999 150,000 9.35 2007 650,000 9.65
2000 225,000 9.40 2008 825,000 9.70
2001 225,000 9.40 2009 900,000 9.75
2002 250,000 9.45
- Year Amount - Rate -
1995 $125,000 9.20% 2003 $300,000 9.45%
1997 100,000 9.30 2005 375,000 9.55
The bonds shall be issuable only in fully registered form, of single maturities.
The interest thereon and, upon surrender of a Bond at the principal office of the
Registrar described here, the principal mount thereof, shall be payable by check
or draft issued by the Registrar. Each Bond shall be dated by the Registrar as of
the date of its authentication.
3.02. Interest Pavment Dates. Interest on the Bonds shall be payable on February
1 and August 1 in each year, commencing August 1, 1989, to the owner of record
thereof as of the close of business on the fifteenth day of the immediately
preceding month, whether or not such day is a business day.
3.03. Registration. The City shall appoint, and shall maintain, a bond
registrar, transfer agent and paying agent (the Registrar). The effect of
registration and the rights and duties of the City and the Registrar with respect
thereto shall be as follows:
(a) ReEister.
bond register in which the Registrar shall provide for the registration of
ownership of Bonds and the registration of transfers and exchanges of Bonds
entitled to be registered, transferred or exchanged.
(b) Transfer of Bonds.
duly endorsed by the registered owner thereof or accompanied by a written
instrument of transfer, in form satisfactory to the Registrar, duly executed by
the registered owner thereof or by an attorney duly authorized by the registered
owner in writing, the Registrar shall authenticate and deliver, in the name of the
designated transferee or transferees, one or more new Bonds of a like aggregate
principal amount and maturity, as requested by the transferor. The Registrar may,
however, close the books for registration of any transfer after the fifteenth day
of the month preceding each interest payment date and until such interest payment
date.
(c) Exchange of Bonds. Whenever any Bond is surrendered by the registered owner
for exchange, the Registrar shall authenticate and deliver one or more new Bonds
of a like aggregate principal amount and maturity, as requested by the registered
owner or the owner's attorney duly authorized in writing.
(d)
promptly cancelled by the Registrar and thereafter disposed of as directed by the
(e) Registrar for transfer, the Registrar may refuse to transfer the same until it is
satisfied that the endorsement on such Bond or separate instrument of transfer is
legally authorized.
good faith, to make transfers which it, in its judgement, deems improper or
unauthorized.
(f) Persons Deemed Owners. The City and the Registrar may treat the person in
whose name any Bond is at any the registered in the bonds register as the
absolute owner of such Bond, whether such Bond shall be overdue or not, for the
purpose of receiving payment of, or on account of, the principal of and interest
on such Bond and for all other purposes, and all such payments so made to any such
registered owner.or upon the owner's order shall be valid and effectual to satisfy
and discharge the liability of the City upon such Bond to the extent of the sum or
sums so paid.
(g) Taxes. Fees and Charpes. For every transfer or exchange of Bonds (except for
an exchange upon a partial redemption of a Bond), the Registrar may impose a
charge upon the owner thereof sufficient to reimburse the Registrar for any tax,
fee or other governmental charge required to be paid with respect to such transfer
or exchange.
(h) Mutilated. Lost. Stolen or Destroyed Bonds. In case any Bond shall become
mutilated or be lost, stolen or destroyed, the Registrar shall deliver a new Bond
of like amount, number, maturity date and tenor in exchange and substitution for
and upon cancellation of any such mutilated Bond or in lieu of and in substitution
for any such Bond lost, stolen or destroyed, upon the payment of the reasonable
expenses and charges of the Registrar in connection therewith; and, in the case of
a Bond, lost, stolen or destroyed, upon filing with the Registrar of evidence
satisfactory to it that such Bond was lost, stolen or destroyed, and of the
ownership thereof, and upon furnishing to the Registrar of an appropriate bond or
indemnity in form, substance and amount satisfactory to it, in which both the City
and the Registrar shall be named as obligees.
Registrar shall be given to the City. If the mutilated, lost, stolen or destroyed
Bond has already matured or been called for redemption in accordance with its
terms, it shall not be necessary to issue a new Bond prior to payment.
(i) Authenticating Apent. The Registrar is hereby designated authenticating
agent for the Bonds, within the meaning of Minnesota Statutes, Section 475.55,
Subdivision 1.
The Registrar shall keep at its principal corporate trust office a
Upon surrender to the Registrar for transfer of any Bond
Cancellation. All Bonds surrendered upon any transfer or exchange shall be
city.
ImuroDer or Unauthorized Transfer. When any Bond is presented to the
The Registrar shall incur no liability for its refusal, in
All Bonds so surrendered to the
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296
3.04 ADpointment of Initial Rezistrar.
National Association, of St. Paul, Minnesota, as the initial Registrar. The Mayor
and the City Manager are authorized to execute and deliver, on behalf of the City,
a contract with the Registrar. Upon merger or consolidation of the Registrar with
another corporation, if the resulting corporation is a bank or trust company
authorized by law to conduct such business, such corporation shall be authorized
to act as successor Registrar.
customary charges of the Registrar for the services performed.
the right to remove any Registrar upon thirty (30) days' notice and upon the
appointment of a successor Registrar, in which event the predecessor Registrar
shall delTver all cash and Bonds in its possession to the successor Registrar and
shall deliver the bond register to the successor Registrar. On or before each
principal or interest due date, without further order of this Council, the City
Manager shall transmit to the Registrar from the bond Fund, as hereinafter
defined, money sufficient for the payment of all principal and interest then due
on the Bonds.
3.05. Redemtion. Bonds maturing in the years.1995 through 1998 are payable on
their respective stated maturity dates without option of prior payment, but Bonds
maturing in 1999 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, within any maturity, in $5,000 principal amounts selected by the Registrar by
lot, on February 2, 1998 and on 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. At least thirty days prior to the date set for redemption of
any Bond, the City shall cause notice of the call for redemption to be published
in a daily or weekly periodical published in a Minnesota city of the first class
or its metropolitan area, which circulates throughout the state and furnishes
financial news as a part of its service, and to be mailed to the Registrar and to
the registered owner or each Bond to be redeemed, but no defect in or failure to
give such mailed notice of redemption shall affect the validity of proceedings for
the redemption of any Bond not affected by such defect or failure. Upon the
partial redemption of any Bond, a new Bond or Bonds will be delivered to the
registered owner without charge, representing the remaining principal amount
outstanding.
3.06. Preparation and Delivem. The Bonds shall be prepared under the direction
of the City Manager and shall be executed on behalf of the City by the signatures
of the Mayor and the City Manager, and shall be sealed with the official corporate
seal of the City; provided that said signatures and the corporate seal may be
printed engraved, or lithographed facsimiles thereof.
signature, or a facshile of whose signature, shall appear on the Bonds shall
cease to be such officer before the delivery of any Bond, such signature or
facsimile shall nevertheless be valid and sufficient for all purposes, the same as
if such officer had remained h office until delivery. NoMthstanding such
execution, no Bond shall be valid or obligatory for any purpose or entitled to any
security or benefit under this Resolution unless and until a certificate of
authentication on such Bond has been duly executed by the manual signature of an
authorized representative of the Registrar.
different Bonds need not be signed by the same representative. The executed
certificate of authentication on each Bond shall be conclusive evidence that it
has been authenticated and delivered under this Resolution. Uhen the Bonds have
been so executed and authenticated, they shall be delivered by the City Manager to
the Purchaser upon payment of the purchase price in accordance vith the contract
of sale heretofore made and executed, and the Purchaser shall not be obligated to
see to the application of the purchase price.
Section 4. Security Provisions.
4.01. Construction Fund. A Construction Fund is hereby created, as a special
fund and designated on the books of the City as the "1988 Taxable Tax Increment
Bonds Construction Fund" (the Construction Fund), to be held and administered by
the City Finance Director-Treasurer separate and apart from all other funds of the
City. The City hereby appropriates to the Construction Fund all of the proceeds
received from the sale of the Bonds, less the amount to be deposited in the Bond
Fund, pursuant to Section 4.02 hereof.
from time to time shall be used solely to pay capital and administrative costs of
the Authority and the City in connection with the Project as set forth in the
Plan. Any amounts remaining in the Construction Fund upon completion or
termination of the Project and payment of all of the costs thereof shall be
transferred to the Bond Fund or used to pay capital and administrative costs of
the Authority and the City in connection with any other development project
undertaken pursuant to the Plan.
4.02. Bond Fund. A Bond Fund is hereby created, as a special fund and designated
on the books of the City as the 1988 Taxable Tax Increment Bonds Bond Fund (the
Bond Fund), to be held and administered by the City Finance Director separate and
apart from all other funds of the City.
Bonds to be issued at the same time as the Bonds to pay a portion of the costs of
the Project shall be payable from the Bond Fund.
any additional bonds issued pursuant to Section 4.04 hereof and made payable from
the Bond Fund, are outstanding and any principal thereof or interest thereon
unpaid, the City Finance Director shall maintain the Bond Fund, as a separate and
The City hereby appoints First Trust
The City agrees to pay the reasonable and
The City reserves
In case any officer whose
Certificates of authentication on
Honeys on hand in the Construction Fund
-
The principal of and interest on the
So long as any of the Bonds or
I
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297
Lo I m a
special account to be used for the payment of the principal of, premium, if any,
and interest on the Bonds, and on all other general obligation bonds now or
hereafter issued by the City and made payable therefrom, to finance costs incurred
by the City in accordance with the Plan in aid of the Project and any other
redevelopment project to be undertaken in accordance with the Plan.
hereby irrevocably appropriates to the Bond Fund (a) the accrued interest on the
Bonds and any amount in excess of $5,005,000 bid for the Bonds and received from
the Purchaser upon delivery of the Bonds, (b) the tax increments derived from the
District designated by Hennepin County as No. 1203 received by the City from the
Authority to pay the Bonds, (c) tax increment derived by the District designated
by Hennepin County as No. 1201 received by the City from the Authority which are
appropriated by the City to the Bond Fund from the Bond Fund established by the
City in connection with its General Obligation Bonds, Series 1981 pursuant to
Section 4.04 of a resolution adopted by the City Council on October 5, 1981 (the
1981 Bond Resolution), and (d) any other moneys appropriated or pledged by the
terms of this Resolution to the Bond Fund.
to use amounts in the Bond Fund (other than the amounts initially deposited
therein upon the issuance of the Bonds) to finance or pay directly costs paid or
incurred by the City pursuant to the Plan in connection with the Project and any
other projects to be undertaken in accordance with the Plan.
4.03.
of the City shall be and are hereby irrevocably pledged for the prompt and full
payment of the principal of and interest on the Bonds.
tax increment from the Districts and other funds herein pledged for the payment of
the Bonds will be collected in amounts not less than five percent in excess of the
amounts needed to meet when due the principal of and interest on the Bonds as
required by Minnesota Statutes, Section 475.61. Consequently, no ad valorem taxes
are now levied to pay the Bonds or the interest to come due thereon, pursuant to
Minnesota Statutes, Section 469.178, subdivision 2. If the money on hand in the
Bond Fund should at any time be insufficient to pay principal and interest due on
all bonds payable therefrom, such amounts shall be paid from any other fund of the
City and such other fund shall be reimbursed therefor when sufficient moneys are
available in the Bond Fund. If on October 1 in any year the sum of the balance in
the Bond Fund plus the amount of tax increment to be derived from the District is
not sufficient to pay when due all principal and interest to become due on all
bonds payable therefrom in the following calendar year, or the Bond Fund has
incurred a deficiency in the manner provided in this Section 4.03, a direct,
irrepealable, ad valorem tax shall be levied on all taxable property within the
corporate limits of the City for the purpose of restoring such accumulated or
anticipated deficiency in accordance with the provisions of this Resolution.
4.04. Additional Bonds.
payable from the Bond Fund and tax increments to be derived from the Districts as
. may be required to finance costs of the Project not financed hereby or to finance
costs of other projects to be undertaken in accordance with the Plan.
4.05 Additional Bonds Under 1981 Bond Resolution. Since the Bonds will be
payable in part from tax increment derived from the District designated by
Hennepin County as No. 1201, the Bonds constitute "additional bonds" payable from
the Bond Fund established by the 1981 Bond Resolution and are authorized to be
issued by Section 4.07 of the 1981 Bond Resolution.
4.06. The Mayor and City Manager are hereby authorized
to execute and deliver on behalf of the City such documents as may be appropriate
to evidence the pledge and appropriation of the tax increments from the Districts
from the Authority to the City to pay the Bonds.
Section 5. Defeasance. When any Bond has been discharged as provided in this
Section 5, all pledges, covenants and other rights granted by this resolution to
the holders of such Bonds shall cease, and such Bonds shall no longer be deemed to
be outstanding under this Resolution. The City may discharge its obligations with
respect to any Bond which is due on any date by irrevocably depositing with the
Registrar on or before that date a sum sufficient for the payment thereof in full;
or, if any Bond should not be paid when due, the City may nevertheless discharge
its obligations with respect thereto by depositing with the Registrar a sum
sufficient for the payment thereof in full with interest accrued to the date of
such deposit. The City may also discharge its obligations with respect to any
prepayable Bond according to its terms, by depositing with the Registrar on or
before that date a sum sufficient for the payment thereof in full provided that
notice of the redemption thereof has been duly given as provided in Section 3.05.
The City may also at any time discharge its obligations with respect to any Bonds,
subject to the provisions of law now or hereafter authorizing and regulating such
action, by depositing irrevocably in escrow, with a bank qualified by law as an
escrow agent for this purpose, cash or securities which are authorized by law to
be so deposited, bearing interest payable at such times and at such rates and
maturing on such dates as shall be required, without reinvestment, to pay all
principal and interest to become due thereon to maturity, or if notice of
redemption as herein required has been duly provided for, to such earlier
redemption date.
Section 6. Countv Auditor Repistration. Certification of ProceedinPs. Approval of
Official Statement. Authorization of Certain Pavments and Combination of
Maturities.
The City
The City expressly reserves the right
Full Faith and Credit Pledged. The full faith and credit and taxing power
It is estimated that the
The City reserves the right to issue additional bonds
Execution of Documents.
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298
6.01.
directed to file a certified copy of this Resolution with the County Auditor of
Hennepin County, together with such other information as the County Auditor shall
require, and to obtain from said County Auditor a certificate that the Bonds have
been entered on his bond register as required by law.
6.02.
Auditor of Hennepin County are hereby authorized and directed to prepare and
furnish to the Purchaser and to Dorsey & Whitney, Bond Counsel, certified copies
of all proceedings and records of the City, and such other affidavits,
certificates and information as may be required to shov the facts relating to the
legality and marketability of the Bonds as the same appear fromthe books and
records under their custody and control or as otherwise known to them, and all
such certified copies, certificates and affidavits, including any heretofore
furnished, shall be deemed representations of the City as to the facts recited
therein.
6.03. Official Statement. The Official Statement relating to the Bonds, dated
September 21, 1988, prepared and distributed on behalf of the-City by Public
Financial Systems Inc., is hereby approved. The officers of the City are hereby
authorized and directed to execute such certificates as may be appropriate
concerning the accuracy, completeness and sufficiency of the Official Statement.
Countv Auditor Registration. The City Clerk is hereby authorized and
Certification of Proceedings. The officers of the City and the County
ATTEST:
The motion fo; the adoption of the foregoing resolution was duly seconded by
Member Richards, and upon vote being taEen
thereof:
and the following voted against the same:
whereupon the resolution was declared duly
the Mayor, whose signature was attested by
Richards, Smith, Turner, Courtney
:hereon, the followikg voted in favor
None
passed and adopted, and was signed by
the City Clerk.
RESOLUTION ADOPTED RELATING TO $3.160.000 GENERAL OBLIGATION UTILITY REVENUE
BONDS. SERIES 1988: AWARDING SALE. FIXING FORM AND DETAILS, AND PROVIDING FOR
EXECUTION AND DELIVERY THEREOF AND SECURITY THEREFOR. The City Clerk presented
affidavits showing publication of the Notice of Bond Sale of $3,160,000 General
Obligation Utility Revenue Bonds, Series 1988, of the City in a legal newspaper
having general circulation in 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, as required by law
and as directed by a resolution of the City Council adopted September 19, 1988.
The affidavits were examined, found to comply with the provisions of Minnesota
Statutes, Chapter 475 and directed to be filed in the office of the City Clerk.
The City Manager reported that six sealed bids for the $3,160,000 General
Obligation Utility Revenue Bonds, Series 1988 has been received prior to the term
designated in the Notice of Bond Sale for the opening of bids. Pursuant to the
Notice of Bond Sale and Terms and Conditions of Sale the bids have been opened,
read and tabulated, and the terms of each have been determined to be as follows:
Bidder Coupons Price NIC/NIR
FBS CAPITAL &TS GROUP 5.90-1990 $3,128,400.00 $1,365,720.00
DAIN BOSWORTH INC. 6.00-1991 6.6870%
NORWEST 1NVES"T SERVICES 6.10-1992
PIPER, JAFFRAY & HOPWOOD, INC. 6.20-1993
THE NORTHERN TRUST COMPANY OF 6.30-1994
CHICAGO 6.40-1995
6.50-1996
ALLISON-WILLIAMS CO. 6.60-1997
AMERICAN NATIONAL BANK ST. PAUL 6.70-1998
CRONIN 6 CO., INC. 6.80-1999 - MILLER SECURITIES INC.
MILLER & SCHROEDER FINANCIAL,
SMITH BARNEY, HARRIS UPHAM
INC .
& CO. INC.
Robert W. Baird
Craig-Hallum
Dougherty, Dawkins, Strand
John G. Kinnard & Co.
Marquette Bank Minneapolis
Moore, Juran & Co. Inc.
M.H. Novick & Co., Inc.
Park Investment Corporation
Summit Investment
& Yost
:
I
i
1 1
i i
1013188
299
MERRILL LYNCH CAPITAL MARKETS
GRIFFIN, KUBIK, STEPHENS
BLUNT ELLIS & LOEWI, INC.
CLAYTON BROWN AND ASSOCIATES,
& THOMPSON, INC.
INC .
HARRIS TRUST AND SAVINGS BANK
MERRILL LYNCH CAPITAL MARKETS
JOHN "VEEN & CO. INCORPORATED
BEAR, STEARNS & CO. , INC.
Bank of Oklahoma, N.A.
Mercantile Bank N.A.
Hutchinson, Shockey, Erley
Juran & Moody, Inc.
Stern Brothers & Co.
Blair (William) & Company
Van Kampen Merritt Inc.
Illinois Company, Inc.
& co.
MANUFACTURER' S HANOVER
SECURITIES CORP.
MARINE MIDLAND BANK, N.A.
Irving Trust Company
State Street Bank and Trust
First Charlotte Corporation
SHEARSON LEHMAN HUTTON, INC.
PRUDENTIAL BACHE CAPITAL
DEAN WITTER REYNOLDS INC.
DREXEL BURNHAM LAMBERT
GOLDMAN, SACHS & CO.
FUNDING
Rodman & Renshaw, Inc.
5. 5-199
6.00-199
$3,122,576.
d
6.10-1992
6.20-1993
6.30-1994
6 -40-1995
6.50-1996
6.60-1997
6.70-1998
6.75-1999
5
6.00-1990 $3,133,140.00
6.10-1991
6.20-1992
6.30-1993
6.40-1994
6.50-1995
6.60-1996
6.70-1997
6.80-1998
6.90-1999
5.90-1990 $3,129,032.00
6 .OO-1991
6.10-1992
6.25-1993
6.50-1995
6.60-1996
6.70-1997
6.80-1998
6.90-1999
6.40-1994
5.80-1990 $3,128,115.00
5.90-1991
6.10-1992
6.25-1993
6.40-1994
6.50-1995
6.60-1996
6.70-1998
6.80-1999
5.90-1990 $3,125,240.00
6.00-1991
6.15-1992
6.15 - 1993
6.40-1994
6.50-1995
6.60-1996
6.70-1997
6.80-1998
6.90-1999
$1,369,234.78
6.7042%
$1,381,403.33
6.7638%
$1,383,134.67
6.7723%
$1,383,241.67
6.7728%
$1,387,385.00
6.7931%
Member Turner introduced the following resolution and moved its adoption:
RESOLUTION RELATING TO $3,160,000 GENERAL
AUTHORIZING THE ISSUANCE, AWARDING THE SALE, FIXING
EXECUTION AND DELIVERY THEREOF' AND SECURITY TEEREFOR
OBLIGATION WATER REVENUE BONDS, SERIES 1988;
THE FORM AND DETAIIS, BND PROVIDING FOR THE
BE IT RESOLVED by the City Council (the Council) of the City of Edina, Hennepin
County, Minnesota (the City) as follows:
Section 1. Authorization and Sale.
1.01. Cost of Proiect. The City owns and operates a municipal water, sanitary
sewer and storm sewer utility (the Utility).
construction of improvements to the Utility, (the Improvements). The present
estimated total cost of the Improvements are as follows:
This Council has heretofore ordered
Water System Improvements $1,000,000
Storm Sewer Improvements 2,000,000
Capitalized Interest 83,500
Bond Issuance Costs 17,000
Bond Discount 59,500
Total $3,160,000
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300
1.02. Authorization.
resolution adopted on September 19, 1988 determined that it is necessary and
expedient for the City to issue and sell its General Obligation Utility Revenue
Bonds, Series 1988 (the Bonds) in the principal amount of $3,160,000 to defray a
portion of the City's share of the expense to be incurred and estimated to be
incurred by the City in constructing improvements to the City's water and storm
sewer system, including every item of costs of the kinds authorized in Minnesota
Statutes, Section 475.65. $59,500 of such amount representing interest as
provided in Minnesota Statutes, Section 475.56.
1.03.
required by Minnesota Statutes, Section 475.60.
Sale and the Terms and Conditions of Sale, six sealed bids for the purchase of the
Bonds were received at or before the time specified for receipt of bids. The bids
have been opened and publicly read and considered, and the purchase price,
interest rates and net interest cost under the terms of each bid have been
determined. The most favorable proposal received is that of FBS Capital Markets
Group, of Minneapolis, Minnesota and associates (the Purchaser), to purchase the
Bonds at a price of $3,128,400, plus accrued interest fromthe date of the Bonds
to the date of delivery thereof, the Bonds to bear interest at the rates set forth
in Section 3.01.
Manager are hereby authorized and directed to execute a contract on the part of
the City for the sale of the Bonds with the Purchaser. The good faith checks of
the unsuccessful bidders shall be returned forthwith.
1.04. Issuance of Bonds. The City is authorized by Minnesota Statutes, Section
444.075 to issue and sell the Bonds to pay the costs of the Improvements, and to
pledge to the payment of the Bonds net revenues to be derived from charges for the .
service, use and availability of the Utility.
outstanding which constitute a lien upon any part of the revenue of the Utility.
811 acts, conditions and things which are required by the Constitution and laws of
the State of Minnesota to be done, to exist, to happen and to be performed
precedent to and in the valid issuance of the Bonds having been done, existing,
having happened and having been performed, it is now necessary for this Council to
establish the form and terms of the Bonds, to provide security therefore and to
issue the Bonds forthwith.
Section 2. Form of Bonds.
To pay the costs of the Improvements this Council by a
Sale of Bonds. Notice of the sale of the Bonds was duly published as
Pursuant to the Notice of Bond
The proposal is hereby accepted, and the Mayor and the City
The City has no obligations
The Bonds shall be prepared in substantially the
following form:
[Face of the Bonds]
UNITED STATES OF AMERICA
STATE OF MINNESOTA
COUNTY OF HENNEPIN
CITY OF EDINA
GENERAL OBLIGATION UTILITY REVENUE BOND, SERIES 1988
Date of
Octiber 1, 1988
- Rate Maturity Original Issue CUSIP
REGISTERED
OWNER :
PRINCIPAL AMOUNT:
SEE REVERSE FOR
CERTAIN
DEFINITIONS
DOLLARS
THE CITY OF EDINA, Hennepin County, Minnesota (the
City), acknowledges itself to be indebted and, for value
received, hereby promises to pay to the registered owner above
named, the Frincipal amount: indicated above, on the maturity
date specified above, with interest thereon from the date
hereof at the annual rate specified above, payable on
February 1 and August 1 in each year, commencing August 1,
1989, to the person in whose name this Bond is registered at
the close of business on the 15th day (whether or not a
business day) of the immediately preceding month, all subject
to the provisions referred to herein with respect to the
redemption of the principal of this Bond before maturity. The
interest hereon and, upon presentation and surrender hereof,
the principal hereof are payable in lawful money of the United
States of America by check or draft of First Trust National
Association in St. Paul, Minnesota, as Bond Registrar, Transfer Agent and Paying Agent (the Bond Registrar), or its successor
designated under the Resolution described herein.
the reverse hereof and such provisions shall for all purposes
have the-same effect as though fully set forth hereon.
Additional provisions of this Bond are contained on
This Bond shall not be valid or become obligatory for any purpose or he entitled to any security or benefit under the
Resolution until the Certificate of Authentication hereon shall
have been executed by the Bond Registrar by manual signature of one of its authorized representatives.
1013188
301
IN WITNESS WHEREOF, the City of Edina, Hennepin
County, State of Minnesota, by its City Council, has caused
this Bond to be executed by the facsimile signatures of the
Mayor and the City Manager and by a printed facsimile of the
official seal of the City and has caused this Bond to be dated as of the date set forth below.
Date of Authentication:
(Facsimile Signature)
City Manager
(Facsimile Signature) Mayor
(Facsimile Seal)
CERTIFICATE OF AUTHENTICATION
This is one of the Bonds deliveied pursuant to the
Resolution mentioned within.
FRIST TRUST NATIONAL ASSOCIATION,
as Bond Registrar
BY Authorized Representative
, [Reverse of the Bonds]
This Bond is one of an issue in the aggregate
principal amount of $3,160,000 (the Bonds), all of like date and tenor except as to serial number, interest rate, redemption
privilege and maturity date issued pursuant to a resolution adopted by the City Council on October 3, 1988 (the Resolution)
to finance construction of improvements to the water and storm sewer system in the City, and is issued pursuant to and in full
conformity with the provisions of the Constitution and laws of
the State of Minnesota thereunto enabling, including Minnesota
Statutes, Section 444.075 and Chapter 475. The Bonds are
issueable only as fully registered bonds, in denominations of $5,000 or any integral multiple thereof, of single maturities.
Bonds maturing in the years 1990 through 1994 are
payable on their respective stated maturity dates without
option of prior payment, but Bonds having stated maturity dates
in the years 1995 through 1999 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 in
$5,000 principal amounts selected by lot within any maturity,
on February 1, 1994 and on any interest payment date
thereafter, at a price equal to the principal amount thereof to
be redeemed plus interest accrued to the date of redemption.
At least thirty days prior to the date set for redemption of
any Bond, notice of the call for redemption will be published
in a daily or weekly periodical, published in a Minnesota city
of the first class or its metropolitan.area, which circulates
throughout the state and furnishes financial news as a part of
its service, and will be mailed to the Bond Registrar and to
the registered owner of each Bond to be redeemed at his address
appearing in the Bond Register, but no defect in or failure to
give such mailed notice of redemption shall affect the validity
Of proceedings for the redemption of any Bond. Upon the
partial redemption of any Bond, a new Bond or Bonds will be delivered to the registered owner without charge, representing
the remaining. principal amount outstanding.
As provided in the Resolution and subject to certain
limitations set forth therein, this Bond is transferable upon
the books of the City at the’principal office of the Bond
Registrar, by the registered owner hereof in person or by his
attorney duly authorized in writing upon surrender hereof
together with a written instrument of transfer satisfactory to
the Bond Registrar, duly executed by the registered owner or
his attorney: and may also be surrendered in exchange for Bonds
of other authorized denominations. Upon such transfer or
exchange, the City will cause a new Bond or Bonds to be issued
in the name of the transferee or registered owner, of the same
aggregate principal amount, bearing interest at the same rate
and maturing on the same date, subject to reimbursement for any
tax, fee or governmental charge required to be paid with
respect to such transfer or exchange.
The City and the Bond Registrar may deem and treat the
person in whose name this Bond is registered as the absolute owner hereof, whether this Bond is overdue or not, for the
purpose of receiving payment and for all other purposes, and neither the City nor the Bond Registrar shall be affected by
any notice to the contrary.
IT IS HEREBY CERTIFIED, RECITED, COVENANTED AND AGREED
that all acts, conditions and things required by the
Constitution and laws of the State of Minnesota to be done, to
exist, to happen and to be performed precedent to and in the
issuance of this Bond, have been done, do exist, have happened and have been performed in regular and due form, time and
manner as so required; that in and by the Resolution, the City
has covenanted and agreed with the holders of the Bonds that it
will impose and collect charges for the service, use and
10/3/88
302
availability of its water, sanitary sewer and storm sewer
utility at the times and in amounts required to produce Bet
revenues adequate, to pay all principal of and interest on the
Bonds and on all other bonds payable from net revenues of the
water, sanitary sewer and storm sewer utility as such principal
and interest respectively become due; that, if needed to pay
such principal and interest, ad valorem taxes will be levied
upon all taxable property in the City,,without limitation as to rate or amount; and that this Bond, together with all other
indebtedness of the City outstanding on the date hereof, and on
the date of its actual issuance and delivery, does not exceed
any constitutional or statutory limitation of indebtedness.
The following abbreviations, when used in the
inscription on the face of this Bond, shall be construed as
though they were written out in full according to the
applicable laws or regulations:
TEN COM -- as tenants UNIF GIFT MIN ACT.....Custodian.....
in common (Cust) (Mino r )
TEN ENT '-- as tenants
by the entireties
under Uniform Gifts to
Minors JT TEN -- as joint tenants
with right of
not as tenants in
common
survivorship and Act....... ..........--.--
(State) -
Additional abbreviations may also be used.
ASSIGNMENT
FOR VALUE RECEIVED, the undersigned hereby Sells,
assigns ana transfers unto ,
the within Bond and all rights thereunder, and hereby
irrevocably constitutes and appoints
attorney to transfer the within Bond on the books kept for
registration thereof, with full power of substitution in the
premises.
Dated:
PLEASE INSERT SOCIAL SECURITY OR OTHER IDENTIFYING NUMBER NOTICE.: The signature to this
I
OF ASSIGNEE: assignment must correspond with
the name as it appears upon the
face of the within Bond in every
or any change whatsoever.
/ / particular, without alteration
Signature(s) must be guaranteed by a commercial bank
or trust company or by a brokerage firm having a membership in one of the major stock exchanges.
Section 3. Bond Terms. Execution and Deliverv.
3.01. Maturities. Interest Rates. Denominations. Payment. The City shall
forthwith issue and deliver the Bonds, which shall be denominated "General
Obligation Utility Revenue Bonds, Series 1988".
the denomination of $5,000 each or any integral multiple thereof, shall mature on
February 1 in the years and amounts set forth below, and Bonds maturing in such
years and amounts shall bear interest from date of issue until paid or duly called
for redemption at the rates per annum shown opposite such years and amounts as
f ollovs :
The Bonds shall be issueable in
Year Amount Rate
1990 $170 , 000 5.90% 19 95 $320 * 000
19 91 250 , 000 6.00 1996 350 , 000 6.50
275,000 6.10 1997 375 , 000 6.60 1992 1993 300,000 6.20 1998 395 , 000 6.70
1994 300,000 6.30 1999 425 , 000 6.80
- Year Amount - Rate -
6.40% 1
I The Bonds shall be issueable only in fully registered form.
and, upon surrender of each Bond, the principal amount thereof, shall be payable
by check or draft issued by the Registrar described herein.
dated by the Registrar as of the date of its authentication.
3.02. Dates: Interest Pawent Dates. Interest on the Bonds shall be payable on
February 1 and August 1 in each year, commencing August 1, 1989, to the owner of
record thereof as of the close of business on the fifteenth day of the immediately
preceding month, whether or not such day is a business day.
3.03. Reeristration.
registrar, transfer agent and paying agent (the Registrar).
registration and the rights and duties of the City and the Registrar with respect
thereto shall be as follows:
The interest thereon
Each Bond shall be
The City shall appoint, and shall maintain, a bond
The effect of
303
II) I m a
(a) Register.
bond register in which the Registrar shall provide for the registration of
ownership of Bonds and the registration of transfers and exchanges of Bonds
entitled to be registered, transferred or exchanged.
(b) Transfer of Bonds.
the registered owner thereof or accompanied by a written instrument of transfer,
in form satisfactory to the Registrar, duly executed by the registered owner
thereof or by an attorney duly authorized by the registered owner in writing, the
Registrar shall authenticate and deliver, in the name of the designated transferee
or transferees, one or more new Bonds of a like aggregate principal amount and
maturity, as requested by the transferor. The Registrar may, however, close the
books for registration of any transfer after the fifteenth day of the month
preceding each interest payment date and until such interest payment date.
(c) Exchange of Bonds. Whenever any Bond is surrendered by the registered owner
for exchange, the Registrar shall authenticate and deliver one or more new Bonds
of a like aggregate principal amount and maturity, as requested by the registered
owner or the owner's attorney duly authorized in writing.
(d)
promptly cancelled by the Registrar and thereafter disposed of as directed by the
City.
(e)
Registrar for transfer, the Registrar may refuse to transfer the same until it is
satisfied that the endorsement on such Bond or separate instrument of transfer is
legally authorized.
good faith, to make transfers which it, in its judgement, deems improper or
unauthorized.
(f) Persons Deemed Owners.
whose name any Bond is at any time registered in the bond register as the absolute
owner of such Bond, whether such Bond shall be overdue or not, for the purpose of
receiving payment of, or on account of, the principal of and interest on such Bond
and for all other purposes, and all such payments so made to any such registered
owner or upon the owner's order shall be valid and effectual to satisfy and
discharge the liability of the City upon such Bond to the extent of the sum or
sums so paid.
(g) Taxes. Fees and Charges. For every transfer or exchange of Bonds (except for
an exchange upon a partial redemption of a Bond), the Registrar may impose a
charge upon the owner thereof sufficient to reimburse the Registrar for any tax,
fee or other governmental charge required to be paid with respect to such transfer
or exchange.
(h) Mutilated, Lost. Stolen or Destroyed Bonds. In case any Bond shall become
mutilated or be lost, stolen or destroyed, the Registrar shall deliver a new Bond
of like amount, number, maturity date and tenor in exchange and substitution for
and upon cancellation of any such mutilated Bond or in lieu of and in substitution
for any such Bond lost, stolen or destroyed, upon the payment of the reasonable
expenses and charges for the Registrar in connection therewith; and, in the case
of a Bond lost, stolen or destroyed, upon filing with the Registrar of evidence
satisfactory to it that such Bond was lost, stolen or destroyed, and of the
ownership thereof, and upon furnishing to the Registrar of an appropriate bond or
indemnity in form, substance and amount satisfactory to it, in which both the City
and the Registrar shall be named as obligees.
Registrar shall be cancelled
given to the City. If the mutilated, lost, stolen or destroyed Bond has already
matured or been called for redemption in accordance with its terms, it shall not
be necessary to issue a new Bond prior to payment.
(i) Authenticating Agent. The Registrar is hereby designated authenticating
agent for the Bonds, within the meaning of Minnesota Statutes, Section 475.55,
subdivision 1.
3.04. Appointment of Initial Registrar. The City hereby appoints First Trust
National Association, as the initial Registrar.
are authorized to execute and deliver, on behalf of the City, a contract with
First Trust National Association, as Registrar.
the Registrar with another corporation, if the resulting corporation is a bank or
trust company authorized by law to conduct such business such corporation shall be
authorized to act as successor Registrar.
and customary charges of the Registrar for the services performed.
reserves the right to remove any Registrar upon thirty (30) days' notice and upon
the appointment of a successor Registrar, in which event the predecessor Registrar
shall deliver all cash and Bonds in its possession to the successor Registrar and
shall deliver the bond register to the successor Registrar.
principal or interest due date, without further order of this Council, the City
Manager shall transmit to the Registrar, moneys sufficient for the payment of all
principal and interest then due pursuant to Section 4.01 hereof.
3.05. Redemption.
subject to redemption prior to maturity, but Bonds maturing in the years 1995
through 1999 shall each be subject to redemption and prepayment, at the option of
the City, in whole or in part, and if in part, in inverse order of maturities and,
within any maturity, in $5,000 principal amounts selected by the Registrar by lot,
on February 1, 1994 and on any interest payment date thereafter at a price equal
The Registrar shall keep at its principal corporate trust office a
Upon surrender for transfer of any Bond duly endorsed by
.
Cancellation. All Bonds surrendered upon any transfer or exchange shall be
Improper or Unauthorized Transfer. When any Bond is presented to the
The Registrar shall incur no liability for its refusal, in
The City and the Registrar may treat the person in
.
All Bonds so surrendered to the
by it and evidence of such cancellation shall be
The Mayor and the City Manager
Upon merger or consolidation of
The City agrees to pay the reasonable
The City
On or before each
Bonds maturing in the years 1990 through 1994 shall not be
1013188
304
to the principal amount thereof to be redeemed plus interest accrued to the date
of redemption. At least thirty days prior to the date set for redemption of any
Bond, the City Manager shall cause notice of the call for redemption to be
published in a daily or weekly periodical published in a Minnesota city of the
first class or its metropolitan area, which circulates throughout the state and
furnished financial news as a part of its service, and to be mailed to the
Registrar and to the registered owner of each Bond to be redeemed, but no defect
in or failure to give such mailed notice of redemption shall affect the validity
of proceedings for the redemption of any Bond not affected by such defect or
failure. Upon a partial redemption of any Bond, a new Bond or Bonds will be
delivered to the registered owner without charge, representing the remaining
principal amount outstanding.
3.06. Preparation and Deliverv. The Bonds shall be prepared under the direction
of the City Manager and shall be executed on behalf of the City by the signatures
of the Hayor and the Ciw Manager, and shall be sealed with the official corporate
seal of the City; provided that said signatures and the corporate seal may be
printed, engraved, or lithographed facsimiles thereof. In case any officer whose
signature, or a facsimile of whose signature, shall appear on the Bonds shall
cease to be such officer before the delivery of any Bond, such signature or
facsimile shall nevertheless be valid and sufficient for all purposes, the same as
if such officer had remained in office until delivery. Notwithstanding such
execution, no Bond shall be valid or obligatory for any purpose or entitled to any
security or benefit under this resolution unless and until a certificate of
authentication on such Bond has been duly executed by the manual signature of an
authorized representative of the Registrar.
different Bonds need not be signed by the same representative.
certificate of authentication on each Bond shall be conclusive evidence that it
has been authenticated and delivered under this resolution. When the Bonds have I
been so executed and authenticated, they shall be delivered by the City Manager to
the purchaser thereof upon payment of the purchase price in accordance with the
contract of sale heretofore made and executed, and the purchaser shall not be
obligated to see to the application of the purchase pric?.
Section 4. Security Provisions.
4.01. 1988 Utilitv Imp rovement Construction Fund.
special fund to be designated as the "1988 Utility Improvement Construction Fund"
(the Construction Fund), to be held and administered by the City Finance Director
separate and apart from all other funds of the City.
Construction Fund the proceeds of the sale of the Bonds, less the amount required
by Section 4.02 hereof to be deposited in the Bond Fund therein created.
Construction Fund shall be used solely to defray expenses of the construction of
the Improvements.
Improvements, any balance of the proceeds of Bonds remaining in the Construction
Fund shall be credited and paid to the Bond Fund.
4.02. 1988 Utilitv Imu rovement Bond Fund.
outstanding and any principal thereof or interest thereon unpaid, the City Finance
Director shall maintain a separate and special 1988 Utility Improvement Bond Fund
(the Bond Fund) to be used for no purpose other than the payment of the principal
of and interest on the Bonds and any additional obligations of the City payable
therefrom pursuant to Section 4.03 hereof.
ever insufficient to pay all principal and interest then due on bonds payable
therefrom, the City Finance Director shall nevertheless provide sufficient money
from any other funds of the City which are available for that purpose, and such
other funds shall be reimbursed from subsequent receipts of net revenues of the
System appropriated to the Bond Fund and, if necessary, from the proceeds of the
taxes levied for the Bond Fund. The City hereby appropriates to the Bond Fund (a)
$83,000 of the proceeds of the Bonds representing capitalized interest and (b) the
accrued interest on the Bonds and any amount in excess of $3,100,500 bid for the
Bonds and received fromthe Purchaser upon delivery of the Bonds.
Finance Director shall deposit in the Bond Fund the proceeds of all taxes levied
and all other money which may at any time be received for or appropriated to the
payment of such bonds and interest, including the net revenues of the Utility
herein pledged and appropriated to the Bond Fund, all collections of any ad
valorem taxes levied for the payment of the Bonds, and all other moneys received
for or appropriated to the payment of the Bonds and interest thereon.
4.03. Inm osition of Charges: Additional Bonds. The City hereby covenants and
agrees with the holders from time to time of the Bonds that so long as any of the
Bonds are outstanding, the City vi11 impose and collect reasonable charges for the
service, use and availability of the Utility to the City and its inhabitants
according to schedules calculated to produce net revenues which, will be
sufficient to pay all principal and interest when due on the Bonds, and said net
revenues, to the extent necessary, are hereby irrevocably pledged and appropriated
to the payment of the Bonds and interest thereon; provided that nothing herein
shall preclude the City from hereafter making further pledges and appropriations
of net revenues of the Utility for the payment of additional obligations of the
City hereafter authorized if the City Council determines before the authorfzation
of such additional obligations that the estlmated net revenues of the Utility will
be sufficient, together with any other sources pledged to or projected to be used,
for the payment of the principal of and interest on the Bonds and such additional
I
CertEicates of authentication on
The executed
I
j
There is hereby created a
The City appropriates to the I The
Upon completion and payment of all costs of the construction of
So long as any of the Bonds are
If the balance in the Bond Fund is
The City
l
I
305
obligations.
made superior or subordinate to or on a parity with the pledge and appropriation
herein made, as to the application of net revenues received from time to time.
4.04. Full Faith and Credit Pledped: Tax Levy. The full faith and credit of the
City shall be and are hereby irrevocably pledged for the prompt and full payment
of the principal of and interest on the Bonds and any other obligations payable
from the Bond Fund, as such principal and interest comes due, and the City
covenants and agrees that it will make good any deficiency in the Bond Fund from
the general fund of the City. On or before October 1 of each year, beginning in
the year 1989, the City Finance Director will calculate the total amount of cash
on hand in the Bond Fund and the available net revenues of the Utility on hand and
estimated to be received on or before the first day of January next following and
the proceeds of the ad valorem tax levy to be received on or before the first day
of January next following, and shall determine the sufficiency of.such total
amount for the payment of principal of and interest on the Bonds coming due on or
prior such first day of January. If such total amount is determined to be
insufficient for such payment, this Council shall forthwith appropriate to the
Bond Fund sufficient available moneys of the City to make good the insufficiency,
and if available moneys of the City are not on hand in amounts sufficient for this
purpose, this Council shall forthwith levy and certify to the Hennepin County
Auditor for collection in the following year a tax at least five percent (5%) in
excess of the amounts adequate to make good the insufficiency. The City Finance
Director shall also at the same time estimate the amount which will be on hand in
the Bond Fund after payment of principal and interest payable on the Bonds on or
prior the first day of January next following, and the amount of net revenues of
the Utility and the proceeds of the ad valorem tax levy to be received in the
period of 12 months beginning on the first day of January next following and shall
determine the sufficiency of such estimated amounts for the payment of the
principal of and interest on the Bonds coming due during and immediately at the
end of such 12-month period.
such payment, this Council shall forthwith cause to be levied and certified to the
Hennepin County Auditor for collection in the following year a tax at least five
percent (5%) in excess of amounts adequate to make good the insufficiency.
Section 5. When all of the Bonds have been discharged as provided in
this Section 5, all pledges, covenants and other rights granted by this resolution
to the holders of the Bonds shall cease. The City may discharge its obligations
with respect to any Bonds which are due on any date by irrevocably depositing with
the Registrar on or before that date a sum sufficient for the payment thereof in
full; or, if any Bond should not be paid when due, it may nevertheless be
discharged by depositing with the Registrar a sum sufficient for the payment
thereof in full with interest accrued to the date of such deposit. The City may
also at any time discharge its obligations with respect to any Bonds, subject to
the provisions of law now or hereafter authorizing and regulating such action, by
depositing irrevocably in escrow, with a bank qualified by law as an escrow agent
for this purpose, cash or securities which are general obligations of the United
States or securities of United States agencies which are authorized by law to be
so deposited, bearing interest payable at such time and at such rates and maturing
on such dates as shall be required without reinvestment, to pay all principal and
interest to become due thereon to maturity.
Section 6. County Auditor Repristration. Certification of Proceedinvs. Investment
of Moneys. Arbitrage and Official Statement.
6.01.
directed to file a certified copy of this resolution with the County Auditor of
Hennepin County, together with such other information as the County Auditor shall
require, and to obtain from said County Auditor a certificate that the Bonds have
been entered on his bond register as required by law.
6.02.
Auditor of Hemepin County are hereby authorized and directed to prepare and
furnish to the purchaser of the Bonds and to Dorsey h Whitney, Bond Counsel,
certified copies of all proceedings and records of the City, and such other
affidavits, certificates and information as may be required to show the facts
relating to the legality and marketability of the Bonds as the same appear from
the books and records under their custody and control or as otherwise known to
them, and all such certified copies, certificates and affidavits, including any
heretofore furnished, shall be deemed representations of the City as to the facts
recited therein.
6.03. The City covenants and agrees with the holders from time to
time of the Bonds that it will not take or permit to be taken by any of its
officers, employees or agents any action which would cause the interest on the
Bonds to become subject to taxation under the Internal Revenue Code of 1986, as
amended (the Code), and the Treasury Regulations promulgated thereunder (the
Regulations), as such are enacted or promulgated and in effect on the date of
issue of the Bonds, and covenants to take any and all actions within its powers to
ensure that the interest on the Bonds will not become subject to taxation under
the Code and the Regulations.
6.04. Arbitrage Certification.
the City charged with the responsibility for issuing the Bonds pursuant to this
resolution, are authorized and directed to execute and deliver to the purchaser
Such further pledges and appropriations of said net revenues may be
If such amount is determined to be insufficient for
Defeasance.
County Auditor Registration. The City Clerk is hereby authorized and
Certification of Proceedings. The officers of the City and the County
Covenants.
The Mayor and City Manager, being the officers of
10/3/88
306
thereof a certificate in accordance with the provisions of Section 148 of the
Code, and Sections 1.103-13, 1.103-14 and 1.103-15 of the Regulations, stating the
facts, estimates and circumstances in existence on the date of issue and delivery
of the Bonds which make it reasonable to expect that the proceeds of the Bonds
will not be used in a manner that would cause the Bonds to be arbitrage bonds
vithin the meaning of the Code and Regulations.
6.05.
the Bonds in such a manner as to cause the Bonds to be "arbitrage bonds" within
the meaning of Section 148 of the Code and applicable Treasury Regulations; to
this end, the City shall:
(i) 148(f)(6)(B) of the Code) attributable to the Bonds, the yield at which such gross
proceeds are invested, any arbitrage profit derived therefrom (earnings in excess
of the yield on the Bonds) and any earnings derived from the investment of such
arbitrage profit;
(ii) make, or cause to be made as of the anniversary date of the issuance of the
Bonds, the annual determinations of the amount, if any, of excess arbitrage
required to be paid to the United States by the City (the "Rebate Amount");
(iii)
Bond Years the amount, if any, which is required to be paid to the United States,
including the last installment which shall be made no later than 60 days after the
day on which the Bonds are paid in full; and
(iv) retain all records of the annual determination of the foregoing amounts
until six (6) years after the Bonds have been fully paid.
In order to comply with the foregoing requirements, the City Finance Director
shall determine the Rebate Amount within 30 days of each anniversary date of the
issuance of the Bonds and upon payment in full of the Bonds, and shall deposit
such Rebate dmmt in a separate account for the earnings from the investment of
the Rebate Amount and such earnings shall become part of the Rebate Amount.
the event the foregoing requirements conflict with the requirements of the
Regulations promulgated under Section 148(f) of the Code, the requirements of such
Regulations shall be controlling.
6.06 Official Statement. The Official Statement relating to the Bonds, dated
September 21, 1988, prepared and distributed on behalf of the City by Public
Financial Systems, Inc., is hereby approved. The officers of the City are hereby
authorized and directed to execute such certificates as may be appropriate
concerning the accuracy, completeness and sufficiency of the Official Statement.
Adopted by the City Council on October 3, 1988.
Compliance with Rebate Resuirement. The City will not use the proceeds of
maintain records identifying all "gross proceeds" (as defined in Section I
pay, or cause to be paid, to the United States at least once every five
.
In
I c*mML
ATTEST: Mayor
<,- City Clerk
The motion for the adoption of the foregoing resolution was duly seconded by
Member Richards, and upon vote being taken thereon, the following voted in favor
thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted, and was signed by
the Mayor, whose signature was attested by the City Clerk.
Richards, Smith, Turner, Courtney
None
RESOLUTION ADOPTED RELATING TO $2.470.000 GENERAL OBLIGATION RECREATIONAL FACILITY
BONDS. SERIES 1988: AWARDING SALE. FIXING FORM AND DETAILS. AND PROVIDING FOR
EXECUTION AND DELIVERY THEREOF AND SECURITY THEREFOR.
affidavits showing publication of the Notice of Bond Sale for the $2,470,000
General Obligation Recreational Facility Bonds, Series 1988 of the City in a legal
newspaper having general circulation in 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, as
required by law and as directed by a resolution of the Council adopted September
19, 1988. The affidavits were examined, found to comply with the provisions of
Minnesota Statutes, Chapter 475 and directed to be filed in the office of the City
Clerk.
Obligation Recreational Facility Bonds, Series 1988 had been received prior to the
time designated in the Notice of Bond Sale for the opening of bids.
Notice of Bond Sale and the Terms and Conditions of Sale the bids have been
opened, read and tabulated, and the terms of each have been determined to be as
follows :
NI C /NIR Bidder CouDons Price
FBS CAPITAL MARKETS GROUP 6.10-1992 $2,439,125.00 $2,854,143.75
DAIN BOSWORTH INC 6.20-1993 7.2656%
The City Clerk presented
.. I The City Manager reported that six sealed bids for the $2,470,000 General
Pursuant to
NORWEST INVESTMENT SERVICES 6.30-1994
PIPER JAFFRAY & HOPWOOD INC 6.40-1995
THE NORTHERN TRUST COMPANY 6.50-1996
OF CHICAGO 6.60-1997
6.70-1998
ALLISON-WILLIAMS GO. 6.80- 1999
AMERICAN NAT.BK. ST. PAUL 6.90-2000
10/3/88
CRONIN & CO., INC.
MILLER SECURITIES INC.
MILLER & SCHROEDER
FINANCIAL, INC .
SMITH BARNEY, HARRIS UPHAM &
CO. INC.
Robert W. Baird
Craig-Hallum
Dougherty, Dawkins,
John G. Kinnard & Co.
Marquette Bank Minneapolis
Moore, Juran & Co. Inc.
M.H. Novick & Co., Inc.
Park Investment Corporation
Summit Investment
Strand & Yost
I
MERRILL LYNCH CAPITAL MARKETS
cu Ln Lo zc m U
MANUFACTURER'S MOVER
SECURITIES CORP.
MARINE MIDLAND BANK, N.A.
Irving Trust Company
State Street Bank and Trust
First Charlotte Corporation
SHEARSON LEHMAN HUTTON, INC.
PRUDENTIAL BACHE CAPITAL
DEAN WITTER REYNOLDS INC.
DREXEL BURNHAM LAMBERT
GOLDMAN, SACHS & CO.
FUNDING
Rodman & Renshaw, Inc.
GRIFFIN, KUBIK, STEPHENS
BLUNT ELLIS & LOEWI, INC.
& THOMPSON, INC.
CLAYTON BROWN AND ASSOCIATES,
INC .
7.00-2001
7 -05-2002
7.10-2003
7.15 - 2004
7.20-2005
7.25-2006/07
7.30-2008/09
6.10-1992 $2,424,020.95
6.20-1993
6.30-1994
6.40 - 1995
6.50-1995
6.60-1997
6.70-1998
6.80-1999
6.90-2000
7.00-2001
7.10-2002
7.20-2003
8.25-2004
7.30-2005/09
6.10-1992 $2,428,021.00
6.25-1993
6.40-1994
6.50-1995'
6.60-1996
6.70-1997
6.80-1998
6.90-1999
7.00-2000
7.10-2001
7.20-2002
7.25-2003
7.30-2004/05
7.375-2006/09
6.15-1992 $2,434,185.00
6.25-1993
6.40-1994
6.50-1995
6.60-1996
6.70-1997
6.80-1998
6.90-1999
7.00-2000
7.10- 2001
7.20 - 2002
7.25 - 2003
7.30-2004
7.35-2005
7.40-2006/08
7.45 - 2009
6.10-1992 $1,424,218.45
6.30-1993
6.40-1994
6.50-1995
6.60-1996
6.70-1996
6.80-1998
6.90-1999
7.00-2000
7.10-2001
7.20-2002
7.30-2003/04
7.40-2005/09
$2,885,754.68
7.3460%
$1,908,071.19
7.4029%
$2,912,898.13
7.4152%
$2,923,124.05
7.4412%
10/3/88
308
HARRIS TRUST AND SAVINGS BANK
MERRILL LYNCH CAPITAL MARKETS
JOHN NUVEEN & CO. INCORPORATED
BEAR, STEARNS & CO., INC.
Bank of Oklahoma, N.A.
Mercantile Bank N.A.
Hutchinson, Shockey, Erley
Juran &Moody, Inc.
Stern Brothers & Co.
Blair (William) & Company
Van Kampen Merritt Inc.
Illinois Company, Inc.
& co.
6.10-1992 $2,428,837.75 $1,946,346.63
6.25-1993 7.5004%
6.40-1994
6.50-1995
6.60-1996
6.70-1997
6.80-1998
6.90-1999
7.00-2000
7.10-2001
7.20-2002
7.30-2004
7.40-2004
7.45 -2005
7.50-2006/09 I;
Member Richards introduced the following resolution and moved its adoption:
RESOLUTION RELATING TO $2,470,000 GENERA& OBLIGATION
RECREATIONAL FACILITP BONDS, SERIES 1988; FIXING TEE
DELIVERY THEREOF AND THE SECURITY TElEREFOR ! PO= AND DETBILS, PROVIDING FOR !THE EXECUTION AND
BE IT RESOLVED by the City Council of the City of Edina, Minnesota, as follows:
Section 1. Recitals.
1.01. Authorization. This Council by its resolution adopted September 19, 1988,
which resolution is entitled "Resolution Relating to $2,470,000 General Obligation
Recreational Facility Bonds, Series 1988 Authorizing the Issuance and Providing
for the Public Sale Thereof," pursuant to Minnesota Laws 1961, Chapter 655 (the
Act), authorized the issuance and sale of $2,470,000 General Obligation
of October 1, 1988, in order to finance the acquisition and betterment of certain
improvements (the Improvements) to its municipal recreation facilities. $46,000
of the principal amount of the Bonds represents interest as provided in Minnesota
Statutes, Section 475.56. The Improvements consist of (a) an improvement to the
Municipal Golf Center of the City (the Municipal Golf Center) described in Section
4 of the Resolution adopted by this Council on November 4, 1963, entitled
"Resolution Establishing the Form and Terms and Covenants Securing the Payment of
$825,000 Golf Course Bonds of 1963" (Resolution of November 4, 1963); and (b)
improvements to the Recreation Center (the Municipal Recreation Center) of the
City described in Section 4 of the resolution adopted by this Council on August 2,
1965, entitled "Resolution Authorizing the Issuance of $450,000 Recreation Center
Bonds, Describing Their Form and Details and Covenants with Respect Thereto"
(Resolution of August 2, 1965). The Bonds are to be payable primarily out of the
net revenues to be derived from the operation of the Municipal Golf Center, the
Recreation Center and the Municipal Liquor Dispensary established by Ordinance No.
131 (the Municipal Liquor Dispensary).
1.02.
derived fromthe Municipal Golf Center and the Municipal Liquor Dispensary the
General Obligation Golf Course Bonds, Series 1985 of the City, dated as of
September 1, 1985 (the Golf Course Bonds). The Golf Course Bonds are hereinafter
referred to as the Outstanding Bonds. The payment of principal of and interest on
the Bonds shall be subordinate to the first lien and charge thereon, including a
reserve, of the Golf Course Bonds on the net revenues of the Mimicipal Golf Center
and the net revenues of the Himicipal Liquor Dispensary.
derived from the operation of the Municipal Golf Center, the Municipal Recreation
Center and the Municipal Liquor Dispensary, in excess of the costs of operation
andmaintenance thereof in the fiscal year which ended December 31, 1987, were in
excess of $410,000, which amount exceeds the maximum amount of principal and
interest to become due in any future fiscal year on all of the Outstanding Bonds
and on the Bonds herein authorized.
fromthe net revenues derived from the operation of the Municipal Golf Center
and/or Bmicipal Liquor Dispensary is appropriated and credited to a separate
subaccount in the Bond Account, created pursuant to Section 4.02 hereof, which
amount exceeds the average annual amount of principal and interest to become due
on the Bonds.
the covenants and agreements hereinafter set forth.
the Bonds may be issued by resolution of this Council.
things required by the Constitution and laws of the State of Minnesota to be done,
to exist, to happen and to be performed preliminary to the issuance of and sale of
the Bonds to provide moneys to pay for the Improvements have been done, do exist,
have happened and have been performed in due form, time and manner as so required.
1.04.
Minnesota Statutes, Section 475.60. Pursuant to the Notice of Bond Sale and the
Terms and Conditions of Sale, six sealed bids for the purchase of the Bonds were
received at or before the time specified for receipt of bids.
opened and publicly read and considered, and the purchase price, interest rates
and net interest cost under the terms of each bid have been determined.
favorable proposal received is that of FBS Capital Markets Group of Minneapolis,
mesota and associates (the Purchaser), to purchase the Bonds at a price of
.
Recreational Facility Bonds, Series 1988 of the City (the Bonds), to be dated as I
Outstanding Bonds. There is currently payable out of net revenues to be
f 1.03. Findinps. It is hereby found, determined and declared that net revenues I
I
By Section 4.02 hereof the sum of $252,061
- I II
The City is therefore authorized by the Act to secure the Bonds by
In accordance with the Act
All acts, conditions and
Sale. Notice of sale of the Bonds was duly published as required by
The bids have been
The most
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309
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$2,439,125 plus accrued interest from the date of the Bonds to the date of
delivery thereof, the Bonds to bear interest at the rates set forth in Section
3.01.
authorized and directed to execute a contract on the part of the City for the sale
of the Bonds with the Purchaser.
bidders shall be returned forthwith.
1.05. Issuance of Bonds. All acts, conditions and things required by the
Constitution and laws of the State of Minnesota to be done, to exist, to happen
and to be performed prior to the issuance of the Bonds have been done, do exist,
have happened, and have been performed, wherefore it is now necessary for this
Council to establish the form and terms of the Bonds, to provide for the security
thereof, and to issue the Bonds forthwith.
1.06. Maturities. Pursuant to Minnesota Statutes, Section 475.54, subdivision
17, this Council estimates that the net revenues of the Municipal Golf Center,
Wicipal Liquor Dispensary and Municipal Recreation Center pledged herein to the
payment of the Bonds are sufficient to pay when due the principal of and interest
on the Bonds.
Section 1. Form of Bonds.
2.01. Form of Bonds.
form:
The proposal is hereby accepted, and the Mayor and City Manager are hereby
The good faith checks of the unsuccessful
The Bonds shall be prepared in substantially the folloving
[Face of Bonds]
UNITED STATES OF AMERICA
STATE OF MINNESOTA
COUNTY OF HENNEPIN
REGISTERED
OWNER :
PRINCIPAL
AMOUNT :
CITY OF EDINA
GENERAL OBLIGATION RECREATIONAL FACILITY BOND, SERIES 1988
Date of Maturity Original Issue cus I P
Octobek 1, 1988 SEE REVERSE
FOR CERTAIN
DEFINITIONS
DOLLARS
THE CITY OF EDINA, Hennepin County, Minnesota (the
City), acknowledges itself to be indebted and, €or value
received, hereby promises to pay to the registered owner above
named, the principal amount indicated above, on the maturity
date specified above, with interest thereon from the date
hereof at the annual rate specified above, payable on January 1
and July 1 in each year, commencing July 1, 1989, to the person in whose name this Bond is registered at the close of business
on the 15th day (whether or not a business day) of the
immediately preceding month, all subject to the provisions ~
referred to herein with respect to the redemption of the
principal of this Bond before maturity. The interest hereon
and, upon presentation and surrender hereof, the principal
hereof, are payable in lawful money of the United States of
America by check or draft of First Trust National Association
in St. Paul, Minnesota, as Bond Registrar, Transfer Agent and
Paying Agent (the Bond Registrar), or its successor designated
under the Resolution described herein.
the reverse hereof and such provisions shall for all purposes
have the same effect as though fully set forth hereon.
Additional provisions of this Bond are contained on
This Bond shall not be valid or become obligatory for
any purpose or be entitled to any security or benefit under the
Resolution until the Certificate of Authentication hereon shall
have been executed by the Bond Registrar by manual signature of
one of its authorized representatives.
County, State of Minnesota, by its City Council, has caused
this Bond to be executed by the facsimile signatures of the
Mayor and the City Manager and by a printed facsimile of the
official seal of the City and has caused this Bond to be dated
as of the date set forth below.
Dated:
IN WITNESS WHEREOF, the City of Edina, Hennepin
(Facsimile Signature)
City Manager
(Facsimile Signature)
Mayor
(Facsimile Seal)
. 3io
10/3/88
CERTIFICATE OF AUTHENTICATION
This is one
Resolution mentioned
of the Bonds delivered pursuant to the
within.
FIRST TRUST NATIONAL ASSOCIATION,
as Bond Registrar
BY Authorized Representative
[Reverse of the Bonds]
This Bond is one of an issue in the aggregate
principal amount of $2,470,000 (the Bonds), all of like date
and tenor except as to serial number, interest rate, redemption
privilege and maturity date issued pursuant to a resolution
adopted on October 3, 1988 (the Resolution) for the purpose of financing the acquisition and betterment of recreational
facilities of the City, and is issued pursuant to and in full
conformity with the provisions of the Constitution and laws of
the State of Minnesota thereunto enabling, including Minnesota
Laws 1961, Chapter 655, and Minnesota Statutes, Chapter 475.
This Bond is payable primarily from the net revenues of the
municipal golf center, municipal liquor dispensary and
municipal recreation center pledged to the payment of the Bonds
by the Resolution, but the City Council is required by law to
pay maturing principal hereof- and interest thereon out of any
funds in the treasury if such net revenues are insufficient
therefor. The Bonds are issuable only as fully registered
bonds, in denominations of $5,000 or any integral multiple
thereof, of single maturities.
Bonds maturing in the years 1992 through 1998 are
payable on their respective stated maturity dates without
option of prior payment, but Bonds having stated maturity dates
in the years 1999 through 2009 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 pf maturities and in
$5,000 principal amounts selected by lot, within any maturity,
on January 1, 1998 and on any interest payment date thereafter, at a price equal to the principal amount thereof to be redeemed
plus interest accrued to the date of redemption. At least
thirty days prior to the date set for redemption of any Bond,
notice of the call for redemption will be published in a daily
or weekly periodical, published in a Minnesota city of the
first class or its metropolitan area, which circulates
throughout the state and furnishes financial news as a part of
its service, and will be mailed to the Bond Registrar and to
the registered owner of each Bond to be redeemed at his address
appearing in the Bond Register, but no defect in or failure to
give such mailed notice of redemption shall affect the validity
of proceedings for the redemption of any Bond. Upon partial
redemption of any Bond, a new Bond or Bonds will be delivered
to the registered owner without charge, representing the
remaining principal amount outstanding.
As provided in the Resolution and subject to certain
limitations set forth therein, this Bond is transferable upon
the books of the City at the principal office of the Bond
Registrar, by the registered owner hereof in person or by his
attorney duly authorized in writing upon surrender hereof *
together with a written instrument of transfer satisfactory to
the Bond Registrar, duly executed by the registered owner or
his attorney; and may also be surrendered in exchange for Bonds
of other authorized denominations. Upon such transfer or
exchange, the City will cause a new Bond or Bonds to be issued
in the name of the transferee or registered owner, of the same
aggregate principal amount, bearing interest at the same rate
and maturing on the same date, subject to reimbursement for any
tax, fee or governmental charge required to be paid with
respect to such transfer or exchange.
The City and the Bond Registrar may deem and treat the
person in whose name this Bond is registered as the absolute
owner hereof, whether this Bond is overdue or not, for,tbe
purpose of receiving payment and for all other purposes, and' neither the City nor the Bond Registrar shall be affected by
any notice to the contrary.
IT IS HEREBY CERTIFIED, RECITED, COVENANTED AND AGREED
that all acts, conditions and things required by the
Constitution and laws of the State of Minnesota to be done, to exist, to happen and to be performed precedent to and in the
issuance of this Bond, have been done, do exist, have happened and have been performed in regular and due form, time and
manner as so required; that in and by the Resolution, the City
has pledged and appropriated so much of the net revenues to be
derived from the operation of the municipal golf course,
municipal recreation center and of the municipal liquor
dispensary as shall be required to pay'the principal hereof and
interest thereon when due, provided that if such revenues
should at any time prove insufficient for these purposes the
City is required to levy ad valorem taxes upon all taxable property within its corporate limits, without limitation as to rate or amount, for the payment of the Bonds and interest
thereon when due; and that the issuance of this Bond does not
cause the indebtedness of the City to exceed any constitutional
or statutory limitation.
.
311
cu u? Ln I m a
The following abbreviations, when used in the
inscription on the face of this Bond, shall be construed as though they were written out in full according to the
applicable laws or regulations:
TEN COM -- as tenants UNIF GIFT MIN ACT... .. Custodian.....
in common ' (Cust) (Minor)
by the entireties
TEN ENT -- as tenants
JT TEN -- as joint tenants
with right of
survivorship and
not as tenants in
common
under Uniform Gifts to
Minors
Act.... ..................
(State)
Additional abbreviations may also be used.
ASSIGNMENT
FOR VALUE RECEIVED, the undersigned hereby sells, assigns and transfers unto
the within Bond and all rights thereunder, and hereby ,
- irrevocably constitutes and appoints
attorney to transfer the within Bond on the books kept for
registration thereof, with full power of substitution in the
premises.
Dated:
PLEASE INSERT SOCIAL SECURITY
OR OTHER IDENTIFYING NUMBER NOTICE: The sisnature to this
OF ASSIGNEE: assignment must-correspond with
the name as it appears upon the
face of the within Bond in every
/ / particular, with'out alteration
or any change whatsoever.
Signature(s) must be guaranteed by a commercial bank or trust company or by a brokerage firm having a membership in
one of the major stock exchanges.
2.03.
shall appear on the reverse side of each Bond, folloving a copy of the text of the
legal opinion of Bond Counsel:
We certify that the above is a full, true and correct copy of the legal opinion
rendered by Bond Counsel on the issue of Bonds of the City of Edina which includes
the within Bond, dated as of the date of delivery of and payment for the Bonds.
Form of Certificate. A certificate in substantially the following form
(Facsimile signature) (Facsimile signature)
City Manager Mayor
Section 3. Bond Terms. Execution and Deliverv.
3.01. Maturities, Interest Rates. Denominations. Payment. The City shall
forthwith issue and deliver the Bonds, which shall be denominated "General
Obligation Recreational Facility Bonds, Series 1988" and shall be payable
primarily from the Bond Account created in Section 4.02 hereof. me Bonds shall
be issuable in the denomination of $5,000 each or any integral multiple thereof,
shall mature on January 1 in the years and amounts set forth below, and Bonds
maturing in such years and amounts shall bear interest from date of issue until
paid or duly called for redemption at the rates per annum shown opposite such
years and amounts as follows:
Rate Year Amount - Rate - Year Amount -
1992 $ 25,000 6.10% 2001 $175,000 7.00%
1993 25,000 6.20 2002 200,000 7.05
1994 25,000 6.30 2003 200,000 7.10
1995 25,000 6.40 2004 225,000 7.15
1996 25,000 6.50 2005 250,000 7.20
1997 25,000 6.60 2006 270,000 7.25
1998 25,000 6.70 2007 275,000 7.25
1999 25,000 6.80 2008 325,000 7.30
2000 25,000 6.90 2009 325,000 7.30
The Bonds shall be issuable only in fully registered form. The interest thereon
and, upon surrender of each Bond, the principal amount thereof, shall be payable
by check or draft issued by the Registrar described herein. Each Bond shall be
dated by the Registrar as of the date of its authentication.
3.02. Dates: Interest Payment Dates. Interest on the Bonds shall be payable on
January 1 and July 1 in each year, commencing July 1, 1989, to the owner of record
thereof as of the close of business on the fifteenth day of the immediately
preceding month, whether or not such day is a business day.
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312
3.03. Registration.
registrar, transfer agent and paying agent (the Registrar).
registration and the rights and duties of the City and the Registrar with respect
thereto shall be as follows:
(a) Register.
bond register in which the Registrar shall provide for the registration of
ownership of Bonds entitled to be registered, transferred or exchanged.
(b) Transfer of Bonds.
the registered owner thereof or accompanied by a written instrument of transfer,
in form satisfactory to the Registrar, duly executed by the registered owner
thereof or by an attorney duly authorized by the registered owner in writing, the
Registrar shall authenticate and deliver, in the name of the designated transferee
or transferees, one or more new Bonds of a like aggregate principal amount and
maturity, as requested by the transferor. The Registrar may, however, close the
books for registration of any transfer after the fifteenth day of the month
preceding each interest payment date and until such interest payment date.
(c) Exchanne of Bonds. Whenever any Bond is surrendered by the registered owner
for exchange, the Registrar shall authenticate and deliver one or more new Bonds
of a like aggregate principal amount and maturity, as requested by the registered
owner or the owner's attorney duly authorized in writing.
(d)
promptly cancelled by the Registrar and thereafter disposed of as directed by the
City.
(e)
Registrar for transfer, the Registrar may refuse to transfer the same until it is
satisfied that the endorsement on such Bond or separate instrument of transfer is
legally authorized.
good faith, to make transfers which it, in its judgement, deems improper or
unauthorized.
(f)
whose name any Bond is at any time registered in the bond register as the absolute
owner of such Bond, whether such Bond shall be overdue or not, for the purpose of
receiving payment of, or on account of, the principal of and interest on such Bond
and for all other moses, and all such payments so made to any such registered
owner or upon the owner's order shall be valid and effectual to satisfy and
discharge the liability of the City upon such Bond to the extent of the sum or
sums so paid.
(g) Taxes. Fees and CharPes. For every transfer or exchange of Bonds, the
Registrar may impose a charge upon the owner thereof sufficient to reimburse the
Registrar for any tax, fee or other governmental charge required to be paid with
respect to such transfer or exchange.
(h) Mutilated. Lost Stolen or Destroyed Bonds.
mutilated or be lost, stolen or destroyed, the Registrar shall deliver a new Bond
of like amount, number, maturity date and tenor in exchange and substitution for
and upon cancellation of any such mutilated Bond or in lieu of and in substitution
for any such Bond lost, stolen or destroyed, upon the payment of the reasonable
expenses and charges of the Registrar in connection therewith; and, in the case of
a Bond lost, stolen or destroyed, upon filing with the Registrar of evidence
satisfactory to it that such Bond was lost, stolen or destroyed, and of the
ownership thereof, and upon furnishing to the Registrar of an appropriate bond or
indemnity in form, substance and amount satisfactory to it, in which both the CZty
and the Registrar shall be named as obligees.
Registrar shall be cancelled by it and evidence of such cancellation shall be
given to the City. If the mutilated, lost, stolen or destroyed Bond has already
matured or been called for redemption in accordance with its terms, it shall not
be necessary to issue a new Bond prior to payment.
(i) Authenticating Agent. The Registrar is hereby designated authenticating
agent for the Bonds, within the meaning of Minnesota Statutes, Section 475.55,
subdivision 1.
3.04. ADDointment of Initial Reaistrar. The City hereby appoints First Rust
National Association, as the initial Registrar. The Mayor and the City Manager
are authorized to execute and deliver, on behalf of the City, a contract with
First Rrust National Association, as Registrar. Upon merger or consolidation of
the Registrar with another corporation, if the resulting corporation is a bank or
trust company authorized by law to conduct such business, such corporation shall
be authorized to act as successor Registrar.
reasonable and customary charges of the Registrar for the services performed.
City reserves the right to remove any Registrar upon thirty (30) days' notice and
upon the appointment of a successor Registrar, in which event the predecessor
Registrar shall deliver all cash and Bonds in its possession to the successor
Registrar and shall deliver the bond register to the successor Registrar.
before each principal or interest due date, without further order of this Council,
the City Finance Director shall transmit to the Registrar from the Bond Account
(Series 1988) described in Section 4.02 hereof, moneys sufficient for the payment
of all principal and interest then due.
3.05. Redemtion.
subject to redemption prior to maturity, but Bonds maturing in the years 1999
through 2009 shall each be subject to redemption and prepayment, at the option of
The City shall appoint, and shall maintain, a bond
The effect of
The Registrar shall keep at its principal corporate trust office a
Upon surrender for transfer of any Bond duly endorsed by
Cancellation. All Bonds surrendered upon any transfer or exchange shall be
ImP roper or Unauthorized Transfer. When any bond is presented to the
The Registrar shall incur no liability for its refusal, in
Persons Deemed Owners. The City and the Registrar may treat the person in
In case any Bond shall become
All Bonds so surrendered to the
The City agrees to pay the
The
On or
Bonds maturing in the years 1992 through 1998 shall not be
,
I
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1013188
313
the City, in whole or in part, and if in part, in inverse order of maturities and,
within any maturity, in $5,000 principal amounts selected by the Registrar by lot,
on January 1, 1988 and on any interest payment date thereafter at a price equal to
the principal amount thereof to be redeemed plus interest accrued to the date of
redemption.
Bond, the City Manager shall cause notice of the call for redemption to be
published in a daily or weekly periodical published in a Minnesota city of the
first class or its metropolitan area, which circulates throughout the state and
furnishes financial news as a part of its service, and to be mailed to the
Registrar and to the registered owner of each Bond to be redeemed, but no defect
in or failure to give such mailed notice of redemption shall affect the validity
of proceedings for the redemption of any Bond not affected by such defect or
failure. Upon a partial redemption of any Bond, a new Bond or Bonds will be
delivered to the registered owner without charge, representing the remaining
principal amount outstanding.
3.06. The Bonds shall be prepared under the direction
of the City Manager and shall be executed on behalf of the City by the signatures
of the Mayor and the City Manager, and shall be sealed with the official corporate
seal of the City; provided that said signatures and the corporate seal may be
printed, engraved, or lithographed facsimiles thereof. In case any officer whose
signature, or a facsimile of whose signature, shall appear on the Bonds shall
cease to be such officer before the delivery of any Bond, such signature or
facsimile shall nevertheless be valid and sufficient for all purposes, the same as
if such officer had remained in office until delivery. Notwithstanding such
execution, no Bond shall be valid or obligatory for any purpose or entitled to any
security or benefit under this resolution unless and until a certificate of
authentication on such Bond has been duly executed by the manual signature of an
authorized representative of the Registrar.
different Bonds need not be signed by the same representative.
certificate of authentication on each Bond shall be conclusive evidence that it
has been authenticated and delivered under this resolution. When the Bonds have
been so executed and authenticated, they shall be delivered by the City Manager to
the purchaser thereof upon payment of the purchase price in accordance with the
contract of sale heretofore made and executed, and the purchaser shall not be
obligated to see to the application of the purchase price.
Section 4. Security Provisions.
4.01. 1988 Recreational Facilities Construction Fund.
special fund to be designated as the "1988 Recreational Facilities Bonds
Construction Fund" (the Construction Fund), to be held and administered by the
City Finance Director separate and apart from all other funds of the City.
City appropriates to the Construction Fund the proceeds of the sale of the Bonds.
The Construction Fund shall be used solely to defray expenses of the Improvements.
Upon completion and payment of all costs of the Improvements, any balance of the
proceeds of Bonds remaining in the Construction Fund shall be credited and paid to
the Bond Account (Series 1988) described in Section 4.02 hereof.
4.02. Bond Account (Series 19881. So long as any of the Bonds are outstanding
and any principal of or interest thereon unpaid, the City Finance Director shall
maintain the Recreation Center Fund and the Operating Account therein in
accordance with the provisions of the Resolution of August 2, 1963. In addition,
the City Finance Director shall maintain in the Recreation Center Fund a separate
and special Bond Account (Series 1988) to be used for no other purpose other than
the payment of the principal and interest on the Bonds and on such other bonds of
the City as have been or may be directed to be paid therefrom.
irrevocably appropriates to the Bond Account (Series 1988) (a) the sum of $252,061
from the net revenues derived from the operation of the Municipal Golf Center
and/or Municipal Liquor Dispensary, vhich amount shall be credited forthwith to a
separate subaccount in the Bond Account (Series 1988) (the Reserve Subaccount) and
which amount equals the average annual amount of principal and interest to become
due on the Bonds and is required to be deposited therein pursuant to the Act (the
Reserve Requirement); (b) the accrued interest and any amount in excess of
$2,424,000 bid for the Bonds and received from the Purchaser upon delivery of the
Bonds; (c) all such other moneys which are payable to Bond Account (Series 1988)
pursuant to Section 4.03 hereof; and (d) all such other moneys as shall be
received and appropriated to Bond Account (Series 1988) from time to time.
Interest on money in the Reserve Subaccount shall be transferred from such Reserve
Subaccount into the Bond Account (Series 1988).
4.03. Pledge of Net Revenues. The Resolution of November 4, 1963 provided that
net revenues of the Municipal Golf Center could be pledged to pay bonds issued to
finance improvements to the Municipal Golf Center if the pledge of such revenues
is expressly made subordinate to the first lien on and pledge of said revenues for
the payment of principal and interest due and the maintenance of the reseme
securing the Bonds.
pledged for the payment of the principal and interest on the herein authorized
Bonds, subject to the lien and charge thereon for the payment of principal and
interest due, and the maintenance of a reserve, for the Outstanding Bonds. The
resolutions authorizing the issuance of the Outstanding Bonds provided that net
revenues of the Municipal Liquor Dispensary could also be pledged for the payment
of additional bonds on a parity with the lien in favor of the Outstanding Bonds,
At least thirty days prior to the date set for redemption of any
Preparation and Deliveq.
Certificates of authentication on
The executed
There is hereby created a
The
The City
The net revenues of the Municipal Golf Center are hereby
10/3/88
314
if the net Municipal Liquor Dispensary revenues received in the fiscal year
immediately preceding the issuance of such additional bonds shall have been at
least 1-1/4 times the maxlrmun amount or principal and interest to become due in
any subsequent fiscal year on the Outstanding Bonds and on the additional bonds.
It is hereby found, determined and declared that the net Municipal Liquor
Dispensary revenues received in the fiscal year which ended December 31, 1987 were
insufficient to satisfy such condition, wherefore the Bonds may not be made
payable from the net Municipal Liquor Dispensary revenues on a parity with the
Outstanding Bonds as to both principal and interest without preference or priority
of one bond over any other. The net revenues of the Municipal Liquor Dispensary
are hereby pledged for the payment of the principal and interest on the Bonds
subject to the lien and charge thereon for the payment of principal and interest
due, and the maintenance of a reserve, for the Outstanding Bonds. The net
revenues of the Municipal Recreation Center are not subject to any pledges for
outstanding obligations of the City and such net revenues are hereby pledged for
the payment of the principal and interest on the Bonds.
the Municipal Golf Center on hand in the Operating Account of the Golf Course Fund
and the net revenues of the Municipal Recreation Center on hand in the Operating
Account of the Recreation Center Fund, there shall be transferred to the Bond
Account (Series 1988) on each interest payment date after all transfers and
credits required to be made from the Operating Account of the Golf Course Fund €or
payment of principal of and hterest on the Golf Course Bonds, a sum equal to the
interest and principal, if any, to become due on such interest payment date, less
any amount on deposit therein (other than in the Reserve Subaccount) plus out of
any net revenues remaining after the above payments for principal and interest
into the Reserve Subaccount an amount equal to the amount necessary to cause the
amount therein to equal the Reserve Requirement, if any, amounts in the Reserve
Subaccount which have previously been used for the payment of any principal or
interest on the Bonds, and an amount equal to any advances from the net revenues
on hand in the Municipal Liquor Dispensary for the payment of principal and
interest on the Bonds not previously reimbursed. If the net revenues on hand in
the Operating Account of the Recreation Center Fund and Golf Course Fund in any
month are not sufficient to transfer to the Bond Account (Series 1988) the amounts
repired herein for the payment of principal and interest on the Bonds and there
is not then on hand in Bond Account (Series 1988) sufficient moneys for payment of I
principal and interest on the Bonds, the amount of the deficiency shall then be
advanced fromthe net revenues of the Municipal Liquor Dispensary then on hand
after all transfers and credits required to be made from such net revenues for
payment of principal of and interest on the Golf Course Bonds.
transferred to Bond Account (Series 1988) in repayment of any amounts of the net
revenues of the Municipal Liquor Dispensary deposited in Bond Account (Series
1988) pursuant to Section 4.02 hereof which were used for the payment of principal .
or interest on the Bonds and any amounts transferred to Bond Account (Series 1988) *
in repayment of any advances from the net revenues in the Municipal Liquor
Dispensary fund for the payment of principal and interest shall be transferred to
the Municipal Liquor Dispensary fund as they are received.
4.04. Additional Bonds.
payable in whole or in part from the net revenues of the Municipal Golf Center
and/or Municipal Recreation Center to finance costs of an improvement thereto, for
the acquisition, betterment, operation or maintenance of other recreational
facilities of the City, or for any other purpose for which such revenues may be
appropriated by the Council in accordance with law; provided, however, that no
additional obligations shall be issued to and made payable from the net revenues
of the Municipal Golf Center or Municipal Recreation Center unless the pledge of
such revenues for payment of such additional obligations is expressly made
subordinate to the lien and charge thereon in favor of payment of principal and
interest vhen due, andmaintenance of reserve balances required for the
Outstanding Bonds, and the lien and charge thereon in favor of principal and
interest when due on the Bonds.
of bonds payable in whole or in part from the net revenues of the Municipal Liquor
Dispensary, whether pursuant to the Act or any other applicable law, provided that
the pledge of the netMunicipa1 Liquor Dispensary revenues for the payment of such
bonds is expressly made subordinate to the lien on and pledge thereof for the
payment of the principal and interest and the maintenance of the agreed reserve
securing such payments on the Bonds, unless the net Municipal Liquor Dispensary
revenues received during the fiscal year immediately preceding such issuance shall
have been not less than the maximum amount of principal and interest to become due
in any subsequent fiscal year on a11 outstanding bonds then payable from such net
revenues, hcluding the additional bonds then proposed to be issued. In the event
that the net revenues received in the fiscal year preceding any such issuance have
conformed to the condition prescribed in the preceding sentence, the additional
bonds so issued may be payable from the net Municipal Liquor Dispensary revenues
on a parity with the Bonds as to both principal and interest, without preference
or priority of one bond over any other, except that if net Municipal Liquor
Dispensary revenues on hand at any time are not sufficient, with other funds then
on hand for the payment of all such bonds, to pay in full the principal and
interest then due. the balance of net Municipal Liquor Dispensary revenues then
available shall be allocated to the Bond Account (Series 1988) and to the
From the net revenues of
.
Any amounts
I
i The City reserves the right to issue additional bonds
Nothing herein shall prevent the future issuance
I c
1013188
315
N m
u-) I: m a
respective accounts established for the payment of other bonds, in proportion to
the principal amount of bonds of each issue which are then outstanding.
4.05. Tax Levy. Pursuant to the Act, the full faith, credit and taxing powers of
the City are also irrevocably pledged for the prompt and full payment of the
principal and interest on the Bonds, as such principal and interest respectively
become due. The appropriations and covenants contained in this resolution are
deemed to be sufficient to assure the payment of such principal and interest.
Accordingly, no tax is presently levied for this purpose.
appears that the net revenues of the Municipal Golf Center, Municipal Recreation
Center and Municipal Liquor Dispensary which are pledged for the pawent of the
Bonds and the net revenues of the Municipal Liquor Dispensary and/or Municipal
Golf Center deposited in Bond Account (Series 1985) pursuant to Section 4.02
hereof shall not be sufficient to pay the principal and interest on the Bonds of
the City covenants and agrees that it will levy a tax sufficient, with the net
Municipal Liquor Dispensary and/or Municipal Golf Center revenues, net Wunicipal
Recreation Center revenues and net Municipal Golf Center revenues then on hand in
Bond Account (Series 1988), to pay all such principal and interest, which tax
shall be levied upon all taxable property within the corporate limits of the City,
without limitation as to rate or amount.
Section 5. When all of the Bonds have been discharged as provided in
this section, all pledges, covenants and other rights granted by this resolution
to the holders of the Bonds shall cease. The City may discharge its obligations
with respect to any Bonds which are due on any date by depositing with the paying
agent on or before that date a sum sufficient for the payment thereof in full; or,
if any Bond should not be paid when due, it may nevertheless be discharged by
depositing with the paying agent a sum sufficient for the payment thereof in full
with interest accrued to the date of such deposit.
discharge its obligations with respect to any Bonds, subject to the provisions of
law now or hereafter authorizing and regulating such action, by depositing
irrevocably in escrow, with a bank qualified by law as an escrow agent for this
purpose, cash or securities which are general obligations of the United States or
securities of United States agencies which are authorized by law to be so
deposited, bearing interest payable at such time and at such rates and maturing on
such dates as shall be required, without reinvestment, to pay all principal and
interest to become due thereon to maturity.
Section 6. County Auditor Registration. Certification of Proceedings. Investment
of Money. Arbitrape and Official Statement.
6.01. County Auditor Registration.
directed to file a certified copy of this resolution with the County Auditor of
Hennepin County, together with such other information as he shall require, and to
obtain from the County Auditor a certificate that the Bonds have been entered on
his bond register and that the tax required for the payment thereof has been
levied and filed as required by law.
6.02. Certification of Proceedings.
Auditor of Hennepin County are hereby authorized and directed to prepare and
furnish to the Purchaser, and to Dorsey & Uhitney, Bond Counsel, certified copies
of all proceedings and records of the City, and such other affidavits,
certificates and information as may be required to show the facts relating to the
legality and marketability of the Bonds as the same appear from the books and
records under their custody and control or as otherwise known to them, and all
such certified copies, certificates and affidavits, including any heretofore
furnished, shall be deemed representations of the City as to the facts recited
therein.
6.03.
of the Bonds that it will not take or permit to be taken by any of its officers,
employees or agents any action which would cause the interest on the Bonds to
become subject to taxation under the Internal Revenue Code of 1986, as amended
(the Code), and the Treasury Regulations promulgated thereunder (the Regulations),
as such are enacted or promulgated and in effect on the date of issue of the
Bonds, and covenants to take any and all actions within its powers to ensure that
the interest on the Bonds will not become subject to taxation under the Code and
the Regulations.
6.04. Arbitrage. The Mayor and City Manager, being the officers of the City
charged with the responsibility for issuing the Bonds pursuant to this resolution,
are authorized and directed to execute and deliver to the Purchaser thereof a
certificate in accordance vith the provisions of Section 148 of the Code, and
Treasury Regulations, Sections 1.103-13, 1.103-14 and 1.103-15, stating the facts,
estimates and circumstances in existence on the date of issue and delivery of the
Bonds which make it reasonable to expect that the proceeds of the Bonds will not
be used in a manner that would cause the Bonds to be arbitrage bonds within the
meaning of said Code and Regulations.
6.05.
the Bonds in such a manner as to cause the Bonds to be "arbitrage bonds" within
the meaning of Section 148 of the Code and applicable Regulations; to this end,
the City shall:
(i)
148(f)(6)(B) of the Code) attributable to the Bonds, the yield at which such gross
proceeds are invested, any arbitrage profit derived therefrom (earnings in excess
If at any time it
Defeasance.
The City my also at any time
The City Clerk is hereby authorized and
The officers of the City and the County
Covenant. The City covenants and agrees with the holders from time to time
ComDliance With Rebate Requirement. The City will not use the proceeds of
maintain records identifying all "gross proceeds" (as defined in Section
10/3/88
316
of the yield on the Bonds) and any earnings derived from the investment of such
arbitrage profit;
(ii) make, or cause to be made as of the anniversary date of the issuance of the
Bonds, the annual determinations of the amount, if any, of excess arbitrage
required to be paid to the United States by the City (the Rebate Amount).
(iii)
Bond Years the amount, if any, which is required to be paid to the United States,
including the last installment vhich shall be made no later than 60 days after the
day on vhich the Bonds are paid in full; and
(iv) retain all records of the annual determination of the foregoing amounts
until sk (6) years after the Bonds have been fully paid.
In order to comply vith the foregoing requirements, the City Finance Director
shall determine the Rebate Amount within 30 days of each anniversary date of the
issuance of the Bonds and upon payment in full of the Bonds and shall deposit such
Rebate Amount in a separate account and shall separately account for the earnings
from the investment of the Rebate Amount. In the event the foregoing requirements
conflict vith the requirements of the Regulations promulgated under Section 148(f)
of the Code, the requirements of such Regulations shall be controlling.
6.06 Official Statement. The Official Statement relating to the Bonds, dated
September 21, 1988, prepared and distributed on behalf of the City by Public
Fisancial Systems, Inc., is hereby approved. The officers of the City are hereby
authorized and directed to execute such certificates as may be appropriate
concerning the accuracy, completeness and sufficiency of the Official Statement.
Adopted by the City Council on October 3, 1988.
pay, or cause to be paid, to the United States at least once every five
ATTEST : e-=&- /r Mayor
U [
City Clerk
The motion for the adoption of the foregoing resolution was duly seconded by
Member Turner, and upon vote being taken thereon, the following voted in favor
thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted, and was signed by
the Mayor, which was attested by the City Clerk.
(Member Kelly returned to the meeting at this point.)
1989 BUDGET HEARINGS CONCLUDED: 1989 CITY BUDGET OF $12,388.608 ADOPTED. The
hearing on the proposed 1989 Budget was continued from the Budget Meeting of
September 15, 1988. In response to questions raised by the Council, Manager
Rosland presented additional information as follows. Administration/Dues and
Subscriptions - The following items comprise the dues and subscriptions line item:
Association of Metropolitan Municipalities $6,537, Municipal Legislative
Commission $12,000, League of Minnesota Cities $14,767, League Building Assessment
$2,518, ICMA and miscellaneous dues/subscriptions $4,478, totaling $40,300. In
total, the AMM, MLC and LMC dues represent a 12% increase from 1988. Elections -
Staff would recommend that Professional Services be reduced from $10,000 to
$4,000.
fees for legal services.
staff to "hold the line" on legal fees.
year a very small increase was included in the budget for legal fees.
Recreation/Litter Removal - The Council questioned the substantial increase in
this item.
recommendations of the Park and Recreation Task Force. Senior Center Relocation -
The Council generally agreed that funds should be provided for possible costs
related to relocating the Senior Center.
contingency budget be increased from $80,000 to $130,000 to fund these costs if
necessary. Manager Rosland observed that with the two adjustments the proposed
1989 Budget would be a percent increase in tax dollars of 5.6% over 1988 and the
City would be below its levy limit by $82,000.
proposed Fees and Charges for 1989 are included in the revenues projection of the
1989 Budget. Following the presentation of the additional information, the Mayor
called for public comment and hearing none the 1989 Budget hearing was considered
closed. The Council Members then individually presented their viewpoints on the
proposed 1989 Budget, indicating support or non-support for various programs and
line items.
suggested by individual Members and after considerable debate reached a consensus.
Member Smith thereupon introduced the following resolutions and moved adoption:
RESOLUTION RELATING TO COUNCIL SALARIES
BE IT RBSOLVED by the City Council of the City of Edina, that it hereby approves
the folloving salaries for members of the City Council, effective January 1, 1989:
Mayor $7,050 annually
Council Members 5,100 annually
Richards, Smith, Turner, Courtney
None
1 -
Legal and Court Services - The Council questioned the nominal increase in
In anticipation of similar direction this
During the past two budgets, the Council has directed
Park and
Staff would propose additional litter pickup and removal based on the
Staff would suggest that the City
I He also pointed out that the
The Council also discussed proposed budget cuts which had been
and that the intent of this resolution is to amend Ordinance No. 124;
317
BE IT FURTIIER RESOLVED that the City Clerk is hereby directed to prepare and
publish an appropriate ordinance amendment as a formality to further evidence the
increase in City Council salaries but the salary increase shall be effective
pursuant to this resolution.
RESOLUTION ADOPTING BUDGET FOR T€E CITY OF EDINA
FOR THE YEAR 1989, AND ESTABLISHING TAX LEVY FOR
THE YEAR 1989 PAYABLE IN 1989
CIm COUNCIL OF THE CITY OF EDINB, MINNESOTA, DOES RESOLVE AS FOLLOWS:
Section 1.
adopted as hereinafter set forth, and funds are hereby appropriated therefor.
GENERAL FUND
The Budget for the City of Edina for the calendar year 1989 is hereby
GENERAL GOVERNMENT
Mayor and Council $ 58,920
Administration 502,521
Planning 186,770
Finance 296,858
Elect ion 23,802
Assessing 313 , 073
Legal and Court Services 309.000
PUBLIC WORKS
Administrat ion $ 103,912
Engineering 414,456
Highways 2,480.821
PROTECTION OF PERSONS AND PROPERTY
Police $3,122,170
Civilian Defense 24,993
Animal Control 53,415
Fire 1,896,117
Public Health 273,308
Inspection 235,819
PARK DEPARTMENT
Administration $ 526,448
Recreation 107,050
Haintenance 952.855
TOTAL GENERAL GOV"HEN!C $ 1,690,944
TOTAL PUBLIC WORKS $ 2,999,189
TOTAL PROTECTION OF PERSONS AND PROPERTY $ 5,605,822
TOTAL PARK DEPARTMENT $ 1,586,353
NON-DEPARTMENTAL EXPENDITURES
Contingencies $ 120,000
Special Assessments on City Property 80,000
Capital Plan Appropriation 140,000
Commissions and Special Projects 166.300
TOTAL NON-DEPARTMENTAL EXPENDIT[JRES $ 506,300
TOTAL GENERAL FUND $12.388.608
Section 2.
as hereinafter set forth:
Estimated receipts other than General Tax Levy are hereby established
GENERBL E"D
Licenses and Permits $ 637,000
Municipal Court Fines 510,000
Department Service Charges 767,000
Other 166,120
Transfer from Liquor Fund 350,000
State Apportionments - Sales Tax 561 , 431
Income on Investments 70,000
Aids - Other Agencies 185,666
Police Aid S 145,000
TOTAL ESTIMATED RECEIPTS $3,392,217
Section 3.
property in the City of Edina a tax rate sufficient to produce the amounts
hereinafter set forth:
Motion for adoption of the resolutions was seconded by Member Turner.
That there be and hereby is levied upon all taxable real and personal
FOR GENERAL $8,996.391
Rollcall. :
Ayes: Kelly, Richards, Smith, Turner, Courtney
Resolutions adopted.
*RESOLUTION ADOPTED CANCELLING AD VALOREM TAXES COLLECTIBLE WITH 1989 GENERAL
PROPERTY TAXES LEVIED FOR $5,400,000 GENERAL OBLIGATION IMPROVEMENT BONDS. SERIES
1984. Motion was made by Member Smith and seconded by Member Turner for adoption
of the following resolution:
RESOLUTION CANCELLING AD VALOREM TAXES
COLLECTIBLE WITH 1989 GENERAL PROPERTY TAXES LEVIED
FOR $5.400.000 GENERAL OBLIGATION IMPROVEMENT BONDS. SERIES 1984
WHEREAS, the City Council of the City of Edina has, by resolution adopted
September 10, 1984, levied a special ad valorem tax for the payment of principal
and interest of its General Obligation Improvement Bonds, Series 1984; said ad
valorem tax in the amount of $1,127,000 being collectible with and as a part of
other general taxes for the year 1989; and
10/3/88
318
WEEREAS, lIinnesota Statutes, Section 475.61, permits the cancellation of said
levies providing moneys are on hand for payment of principal and interest for said
bond issue; and it has been determined by this Council that the required moneys
are on hand for the payment of said principal and interest;
NOW, TEEREFORE, BE IT RESOLVED by the City Council of the City of Edina that those
ad valorem tax levies made by resolution of this Council adopted September 10,
1984, and collectible with and as a part of other general property taxes in said
City for the year 1989, be and hereby are cancelled; and
BE IT FURTHER RESOLVED that the County Auditor of Hennepin County, Minnesota, be
authorized and directed to cancel the above described ad valorem tax levies and to
delete said levies from taxes to be spread for the year 1989.
Motion carried on rollcall vote, five ayes.
RESOLUTION ADOPTED CANCELLING AD VALOREM TAXES COLLECTIBLE WITH 1989 GENERAL
PROPERTY TAXES LEVIED FOR $2,200.000 GENERAL OBLIGATION REDEVELOPMENT BONDS.
Motion vas made by Member Smith and seconded by Member Turner for adoption of the
following resolution:
RESOLUTION CANCEILING AD VALOREM TAXES
COIJXCTIBLE WITH 1989 GENERAL PROPERTY TAXES LEVIED
FOR $2.200.000 GENERAL OBLIGATION REDEVELOPMENT BONDS
TJHEREBS, the Citp. Council of the City of Edina has, by resolution adopted November
3, 1975, levied a special ad valorem tax for the payment of principal and interest
of its $2,200,000 General Obligation Redevelopment Bonds, said ad valorem tax in
the amount of $238,000 being collectible with and as a part of other general taxes
for the year 1989; and
‘RHWEBS, Minnesota Statutes, Section 475.61, permits the cancellation of said
levies providing moneys are on hand for payment of principal and interest for said
bond issue; and it has been determined by this Council that the required moneys
are on hand for the payment of said principal and interest;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Edina that those
ad valorem tax levies made by resolution of this Council adopted November 3, 1975,
and collectible with and as a part of other general property taxes in said City
for the year 1989, be and hereby are cancelled; and
BE IT FURTHER RESOLVED that the County Auditor of Hennepin County, Minnesota, be
authorized and directed to cancel the above described ad valorem tax levies and to
delete said levies from taxes to be spread for the year 1989.
!
Motion carried on rollcall vote, five ayes.
FINANCE.
payment of the following claims as per pre-list dated 10/01/88: General Fund
$135,250.67, Art Center $4,760.11, Capital Fund $2,317,07, Swimming Pool Fund
$1,316.29, Golf Course F&d $9,214.75, Recreation Center Fund $53,266.15, Gun
Range Fund $352.05, Edinborough Park $6,233.90, Utility Fund $243,178.54, Liquor
Dispensary Fund $15,765.28, Total $471,654.81.
Motion was made by Member Smith and seconded by Member Turner to approve
Motion carried on rollcall vote, five ayes. I
There being no further business on the Council Agenda, Mayor Courtney declared the
meeting adjourned at 12:20 a.m.
..
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Attachment to Minutes
of 10/17/88
CITY OF EDINA
In the Matter of the Application of Dan Berenberg for a
Subdivision of Lot 1, Block 1, Hilldale, Hennepin
County, Minnesota, except that part thereof described as
follows:
line of said Lot 1 distant 79.5 feet northwesterly from
the northeast corner of said Lot 1; thence south
parallel with the east line of said Lot 1 a.distance of
141.3 feet-; thence west 76 feet to a point in the
northwesterly line of said Lot 1 a distant 159.3 feet
southwesterly from the most northerly corner of said Lot
1; thence northeasterly along the northwesterly line of
said Lot 1 to the most northerly corner thereof; thence
southeasterly along the northeasterly line of said Lot
1, 4.5 feet to the point 6f beginning, according to the
map or plat thereof on file and of record in the office
of the Register of Deeds in and for Hennepin County,
Minnesota. (S-88-7)
Commencing at a point on the northeasterly
The above entitled matter was heard before the City Council, City of Edina,
on October 3, 1988. Mr. Dan Berenberg ("Proponent") was present. Gary Gandrud,
attorney for the Proponent, and Mike Black, planner for the Proponent were also
present. Property owners in the vicinity of the subject subdivision and their
attorney were also present.
the facts and arguments presented by the proponent, his representatives,
property owners in the vicinity of the subject subdivision and their
The City Council, having heard and reviewed all of
representative and having heard and received evidence and law adduced by the
Proponent, his representatives, City Staff, and property owners and their
representative and being fully advised, after due consideration, hereby makes
the following
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Minutes 10/17/88
FINDINGS OF FACT:
1. The Proponent, on June 22, 1988, submitted an application for
subdivision of a 61,009 square foot parcel of land located west of Hollywood
Road and north of Interlachen Boulevard. This tract of land (the "Subject
Property") comprises most of Lot 1, Block 1, Hilldale. An existing single
dwelling unit building is located in the southwesterly portion of the Subject
Property.
Proponent.
According to City records the Subject Property is owned by the
2. The subdivision (the "Proposed Subdivision"), as submitted with the
application for subdivision on June 22, 1988, delineated two, R-1 single
dwelling unit lots. Lot 1 of the Proposed Subdivision measured 14,400 square
feet in area (according to the Proponents surveyor) and Lot 2 measured 46,609
square feet (according to the Proponents surveyor). The existing dwelling
located on Lot 1 would remain.
an easement, in favor of Northern States Power Company, to construct and operate
overhead electrical transmission lines. No buildings may be constructed within
this easement area. The existence of the easement restricts the buildable area
to the northwesterly portions of the lot, to the rear of the existing dwelling,
which results in the visual appearance and practical use as a "neck lot",
contrary to the policies of the Comprehensive Plan (as stated in paragraph 8 of
these findings) and would impair the symmetry of the Hilldale neighborhood.
The easterly 50 feet of Lot 2 is encumbered by
3. Lot 2 of the Proposed Subdivision exhibits steep slopes exceeding 25
percent in some areas.
the existing slopes.
Development of Lot 2 would result in substantial cuts in
In addition to alteration of the existing natural
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Minutes 10/17/88
condition of areas with steep slopes development would result in 50 percent
slopes above a five to six foot high retaining wall adjacent to the driveway
serving the new dwelling.
lot line of the existing dwelling on the Subject Property.
This area of 50 percent slopes would be near the rear
The existence of
I
steep slopes is a logical reason why the lot was platted larger than adjacent
lots in the Hilldale Addition which front on Interlachen Boulevard.
4. .The Edina Community Development and Planning Commission (the
"Commission") reviewed the Proposed Subdivision at its July 6 and July 27, 1988
meetings.
Proponent and his representatives the Commission continued the hearing to July
27, 1988 to allow the Proponent time to consider alternative site access (being
the extension to the site of a road west of the site) and to allow Commission
members time to personally inspect the site. At the July 27, 1988 Commission I
meeting several property owners were present and spoke in opposition to the
Proposed Subdivision citing issues concerning alteration of the terrain,
After consideration of recommendations by City Staff, comments of the
I
creation of a "flag or neck lot", adverse impact of development on the pond
located immediately north of the Subject Property, damage to the character and
symmetry of the neighborhood, and the establishment of a precedent for further
subdivision in the neighborhood. After consideration of recommendations of City
Staff, comments of the Proponent and his representatives, and property owners in
the vicinity and their representative, the Commission unanimously recommended
denial of the Proposed Subdivision.
5. On October 3, 1988, the Edina City Council conducted a public hearing
and received the report and recommendation of the Commission regarding the
Proposed Subdivision. Pursuant to applicable City Ordinances notice of the 1
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Minutes 10/17/88
-1
public hearing was published in the Edina Sun Current and mailed to property
owners within 350 feet of the Subject Property.
property owners and their representative testified in opposition to the Proposed
Subdivision.
At said hearing, surrounding
A petition signed by approximately 26 property owners who reside
in the Hilldale'neighborhood was submitted. Among issues submitted in their
oral and written testimony were damage to the character and symmetry of the
area, destruction of the unique natural environment and terrain around the pond,
the undesirable precedent of creating a neck lot, and the undesirable precedent
of further subdivision in the neighborhood.
6. The Zoning 'Ordinance imposes the following minimum standards for
single dwelling unit lots:
Minimum Lot Area
Minimum Lot Width
Minimum Lot Depth
9,000 square feet
75 feet
120 feet
a. The dimensions and areas of the Proposed Subdivision comply with
the above standards.
7. Edina Ordinance No. 801 (the "Platting Ordinance") states that the
City in approving plats, shall consider, among other things, the suitability of
plats from the standpoint of community planning.
8. The Edina Comprehensive Plan, adopted by the City Council on December
12, 1981, states the following general policies:
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Minutes 10/17/88
a. "Allow further subdivision of developed single family lots only if
neighborhood character and symmetry are preserved."
b. "Prohibit "neck lot" subdivisions , whereby access to public streets is
gained through narrow strips of land adjacent to other lots."
C. "Protect the lands, waterbodies, and watercourses of Edina from
erosion, sedimentation, slippage, and vegetation removal resulting from
inappropriate uses of steep slopes." '
' d. "Require increased minimum lot sizes for.single family and two family
lots on steep slopes."
9. Lot widths in the Hilldale plat range from approximately 120 feet to
300 feet with a median average lot width of approximately 160 feet. The two
lots in the Proposed Subdivision have lot widths of 118 feet and 76 feet.
a. The Zoning Ordinance defines "lot width" as follows:
"The horizontal distance between side lot lines measured at right
angles to the line establishing the lot depth at a point 50 feet from the front
lot line.
b. The Zoning Ordinance defines "lot depth" as follows:
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Minutes 10/17/88
\
*
"The horizontal distance between the midpoint of the front lot line
and the midpoint of the rear lot line."
THEREFORE, based on the foregoing findings, the City Council does hereby
make the following
Decision :
The application for the Proposed Subdivision entitled Berenberg First
Addition is hereby denied.
The decision is made for the following
Reasons :
A. The policies of the Comprehensive Plan must be considered in'deciding
whether or not to approve subdivisions.
the policies of the Comprehensive Plan concerning the further subdivision of
single family lots because the character and symmetry of the Hilldale
neighborhood would not be preserved, because a "neck lot" effectively results
from the subdivision, and because a substantial portion of steep slopes on Lot 2
would be substantially altered by development.
The Proposed Subdivision is contrary to
B. Property owners in the vicinity of the Subject Property have the right
to rely on filed plats for the area and may rightly presume that any
modification or replatting of said plats will be in a manner suitable and
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Minutes 10/17/88
b
\
compatible with surrounding properties and that the character of the Hilldale
nzighborhood will be preserved. Property owners in the Hilldale neighborhood
have objected to the Proposed Subdivision for reasons of an adverse impact on
the unique natural environment of the pond and surrounding steep slopes, the
undesirable impact of a "neck lot" to the character and symmetry of the
neighborhood, the resulting negative impact on property values in the
neighborhood and the undesirable precedent of further subdivisions in the
neighborhood .
C. The Subject Property is not unusually or uncharacteristically large
compared to other lots in the Hilldale plat. Lot widths of 118 feet and 76 feet
in the Proposed Subdivision are less than that of the narrowest lot in Hilldale
and significantly narrower than the median average lot width.
average lot width in Hilldale is approximately 160 feet and the smallest
existing lot width is approximately 120 feet. The spaciousness afforded by the
Subject Property adds more than insignificant value to its use as one homesite,
for which it is now, and can be, used.
The median
D. Approval of the Proposed Subdivision could establish a precedent
encouraging the replatting of lots with similar circumstances which would
adversely alter the character and symmetry of the Hilldale neighborhood contrary
to the policies of the Comprehensive Plan.
E. Approval of the Proposed Subdivision would have an adverse impact on
the present unique natural environment and terrain surrounding the pond.
F. Approval of the Proposed Subdivision would violate the Platting
Ordinance since it does not represent sound community planning.
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