HomeMy WebLinkAbout19960715_regularMINUTES
OF THE REGULAR MEETING OF THE
EDINA CITY COUNCIL HELD AT CITY HALL
JULY 15,1996
7:OO P.M.
ROLLCALL Answering rollcall were Members Kelly, Paulus, Smith and Mayor Richards.
CONSENT AGENDA ITEMS APPROVED Motion made by Member Paulus and seconded by
Member Kelly adopting the Council Consent Agenda as presented.
Rollcall:
Ayes: Kelly, Paulus, Smith, Richards
Motion carried.
MIGHTY DUCKS GRANT PRESENTED TO CITY Senator Roy Terwilliger presented the Mighty
Ducks $250,000 grant certificate to Director Keprios for the third ice sheet at Braemar Arena. Award
of the grant was contingent upon the passage of the Park and Recreation Bond issue in May.
*MINUTES OF THE SPECIAL MEETING OF JULY I. 1996 AND REGULAR MEETING OF JULY
I. 1996 APPROVED Motion made by Member Paulus and seconded by Member Kelly
approving the Minutes of the Special Meeting of July 4,1996 and Regular Meeting of July 4,
1996.
Motion carried on rollcall vote - four ayes.
PUBLIC HEARING HELD: PRELIMINARY PLAT APPROVED. ARROWHEAD POINTE
{ARROWHEAD PARTNERS) Affidavits of Notice were presented, approved and ordered placed on
file.
Presentation by Planner
Planner Larsen reminded Council that the City Council had continued consideration of Arrowhead
Pointe Preliminary Plat from the June 17, 1996 meeting to allow the developers time to address
issues raised concerning the requested variances.
Planner Larsen briefly reviewed that the subject property is a 9.84 acre site developed with a single
dwelling with access from McCauley Trail. The proposed plat would remove the existing dwelling and
construct a new CUI de sac serving the subdivision. Relatively steep grades characterize the property
at the existing driveway access from McCauley Trail. Once on top the property becomes rolling to
fairly flat for a width of about 100 feet. Areas abutting the lake on the south and west and adjacent
to Crossview Church's parking lot exhibit steep slopes.
Planner Larsen noted the proposed plat illustrates three outlots plus a separate lot for a storm water
detention pond. Outlot A would be deeded to Crossview Church in a land swap moving the
Arrowhead Pointe access west, squaring off the church property and separating the two accesses.
Outlot B would be deeded to the developer and become part of Lot 1 and outlot C would be deeded
to the adjacent home on Post Lane.
Planner Larsen stated access to the property would be by a new public road connecting to McCauley
Trail. The developers anticipate no access to Post Lane. Significant cut and fill are necessary for the
first 400 feet of the road to obtain acceptable public street road grades. Additional cuts are necessary
for the remaining road length to drain the street into the storm water detention pond along McCauley
Page I
MinuteslEdina City CouncillJulv 15.1996
Trail. Since the proposed subdivision abuts a lake the zoning ordinance requires granting a I 00-foot
conservation restriction upland from the ordinary high water line.
Planner Larsen reviewed the Planning Commission’s recommendation approving the eleven-lot
Preliminary Plat from its June 26, 1996 meeting, that included the following conditions:
I. Approval of Final Plat;
2. Subdivision Dedication;
3. Watershed District Grading Permit;
4. Developers Agreement;
5.
6.
7.
City Engineer Approval of Final Pond Design;
No Build Easement covering the Southerly 150 feet of Lot 3; and
No Variances from the required 100 Foot Conservation Restriction.
Planner Larsen stated that the Arrowhead Pointe developers have returned with the following five
different development options:
I. 15 Lot Concept Plan;
2. 8 Lot with No Variances;
3. 12 Lots with Water Variances;
4. I I Lots with depth variances on Lots 2 & 3, a width variance on Lot 5 and water variances
on Lots 7 & 8; and
5. I1 Lots with depth variances needed on Lots 2 & 3 and a width variance on Lot 5, but by
making the road more curved, the developer eliminated the water variances on Lots 7& 8.
ProDonent Comment
Tom Burton, representing Arrowhead Partners, introduced partners, Bruce Bren and Ron Clark, and
Bob Smith of R.P. Smith, Land Planning Consultants, consultant for the developer. Mr. Burton stated
the idea of the development originated in 1993 with a 15-lot concept plan. The development has been
through several evolutions culminating with the latest eleven-lot development that includes a more
serpentine road. Mr. Burton added the developers are requesting approval of the eleven-lot design
with the water variances as presented at the June 17, I996 meeting. The reason for the request is
the hardship of developing this property due to its topography. Mr. Burton stated the developers feel
the eleven-lot design with the straight road and water variances is reasonable and urged approval
as presented.
Public Comment
Doug Happe, 6313 Post Lane, noted he attended two meetings and the changes to the proposed plat
seem reasonable. Mr. Happe pointed out the footprints as depicted on the proposed plat are larger
than would perhaps be built. Mr. Happe urged approval of the development.
Bruce Baren, 6317 Post Lane, stated the proposed development borders his property on two sides.
Mr. Baren favored the eleven-lot proposal with the straight road. Mr. Baren believes this plan best
enhances his property. He urged approval of the water variances when the plat is approved.
Council Discussion/Action
Member Smith asked for staffs recommendation of the proposed “straight” road vs. the “serpentine”
road, whether Lots 2 and 3 back up to the church’s parking lot and if Lot 3 has the “No build”
easement across it? Engineer Hoffman replied that either road design is acceptable to the city.
Planner Larsen explained that Lots 2 and 3 are adjacent to Crossview’s Church’s parking lot, and
yes, Lot 3 .will contain a “no build” easement across it.
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MinuteslEdina City Council/Julv 15.1996
Member Paulus commented that the proponents left the last Council meeting directed to return with
a proposed plat requiring no variances. Tonight the proponent returned with an eight-lot plat requiring
no variances. However, the developers want an eleven-lot plat containing depth and width variances
approved and the eight-lot plan. Member Paulus expressed concern that the eight-lot plan is not
being considered.
I
Member Kelly expressed confusion over the number and type of variances being asked for by the
proponent in the final eleven-lot proposed plat. Member Kelly added she sees no hardship in
existence that would require granting a water variance.
Mayor Richards asked the proponents to review exactly which lots in the eleven-lot proposal would
require variances and the purpose for each variance.
Bob Smith, of R.P. Smith, planning consultant for Arrowhead Partners, reviewed the following
requests for variances: Lot 2 - a depth variance requested, Lot 3 - a depth variance requested, Lot
5 - a width variance requested, and Lot 10 - a depth variance requested. Mr. Smith stated the eleven-
lot plat with the curve in the road does not require any variances from the 100-foot conservation
restriction.
Member Smith stated he believes the variances as described are acceptable. Member Smith
introduced the following resolution and moved its adoption:
RESOLUTION APPROVING PRELIMINARY PLAT
FOR ARROWHEAD POINTE ADDITION
BE IT RESOLVED by the City Council of the City of Edina, Minnesota, that that certain plat
entitled, “ARROWHEAD POINTE ADDITION,” platted by Arrowhead Partners, a Minnesota
limited partnership, on July 15, 1996, be and is hereby granted preliminary plat approval
subject to the following conditions:
I. Approval of Final Plat;
2. Subdivision Dedication;
3.
4.
5.
6.
7.
Nine Mile Creek Watershed District Grading Permit;
Developers Agreement covering all public improvements for the property;
City Engineer and Watershed approval of Final Pond Design;
No Build Easement covering the Southerly 150 feet of Lot 3; and
Depth variances from the required setbacks for Lot 2, Lot 3, & Lot IO and a
width variance for Lot 5.
Motion seconded by Member Kelly.
Member Paulus questioned the basis upon which the Council could allow the variances.
Member Smith stated he believes the eleven-lot subdivision as proposed is in keeping with the
neighborhood standard. In addition, two of the lots needing depth variances back up to the Crossview
Church’s parking lot, therefore he thinks the Council can grant a variance.
Mayor Richards added the remaining depth variance is for a lot with a significant grade differential
that creates an open space with the neighbor. Lastly, justification for granting the width variance for
Lot 5 is because Lot 5 is likely the largest lot in the subdivision.
Member Paulus reiterated the potential for setting precedent exists when approving a subdivision
with the variances as asked for in this preliminary plat.
Rollcall:
Ayes: Kelly, Paulus, Smith, Richards
Page 3
MinutesIEdina City CouncilNulv 15.1996
Resolution adopted. I *PRELIMINARY REZONING. R-I SINGLE DWELLING UNIT DISTRICT TO PRD-3. PLANNED
RESIDENCE DISTRICT (5120 AND 5124 FRANCE AVENUE -HANS KUHLMAN) CONTINUED TO
AUGUST 5.1996 Motion made by Member Paulus and seconded by Member Kelly to continue
the Preliminary Rezoning of R-I Single Dwelling Unit District to PRDS (Planned Residence
District - 5120 & 5124 France Avenue, Hans Kuhlman) to August 5,1996.
Motion carried on rollcall vote - four ayes.
PUBLIC HEARINGS HELD: FINAL REZONING APPROVED ORDINANCE NO. 850-A6 PLANNED
INDUSTRIAL DEVELOPMENT DISTRICT TO PLANNED OFFICE DISTRICTS (LAURENTIPARKS
DEVELOPMENT!: FINAL PLAT APPROVED CIRRUS ADDITION. 5229 EDEN AVENUE15200
EDEN CIRCLE (LAURENTIPARKS DEVELOPMENT AND KUNZ OIL) Affidavits of Notice were
presented, approved and ordered placed on file.
-
Presentation by Planner
Planner Larsen reported that preliminary rezoning and preliminary development plans were approved
in February of 1996. Two requests are currently before the Council: I) Final Rezoning and Final
Development Plan for the northerly portion of the property; and 2) Final Plat for the entire property
in the proposed subdivision including the Kunz Development to the south. Earlier, the Kunz property
received Final Development Plan conditioned upon Final Plat of the proposed subdivision.
The development plan as reviewed in February called for five office buildings on the approximately
5.5 acre property located along Eden Avenue. The developer proposed two buildings on the
southeasterly portion of the site surrounding a traffic circle that would have been the focus of the
development. The proponents have returned requesting approval of the same land use. The site plan
for Council consideration has been modified reducing the office building area from 94,500 sq.ft. to
84,750 sq.fl. in six buildings. The main changes are because the developers are attempting to retain
the main portion of a building existing on the site. They would remove all additions and remodel the
building using it as the first phase of the development. Consequently, the development's focus, the
traffic circle moved easterly. The development now has four buildings centered around the traffic
circle, one building remaining in the far westerly part of the site and the sixth building placed in the
southerly portion of the site. The sixth building is proposed in an area previously designated as
surface parking. .
I
Originally, the proponents provided 426 surface parking spaces at a rate 4 spaces per 1,000 sq.ft
as recommended by Hoisington Koegler, the City's consultant. The final development plan has a
reduced demand showing 339 total spaces, still maintaining the rate of 4 spaces per 4,000 sq.ft.
Most of this parking is surface parking, however, some under building parking is planned. A parking
variance of 53 spaces is being requested with the final plan.
Planner Larsen continued pointing out key features remaining from the original plan: I) the main
access has moved east reducing conflict with the link road, and 2) easement providing access from
Eden Circle, includes the property to the south. Planner Larsen added the easement has been
reduced from the fifty feet required when the preliminary plat was granted. The reason for the
reduction is that it has been determined with the final design that the 26 foot easement designated
fulfills the public purpose need.
Drainage for the entire property is being handled jointly. Drainage for the office project will drain into
a holding pond on the northeast comer of the site. The rest of the property including all of the Kunz
Page 4
MinuteslEdina City CouncillJulv 15.1996
property, the warehouse to the south, the City park, and some private property will drain and be
stored in the pond in the southeast corner of the property. The developer plans individual
architectural styles for each building in the development. Exterior materials include brick, limestone
and stucco.
The second request before Council is the final plat. Planner Larsen informed Council the plat has
been renamed Cirrus Addition. It creates a lot for the Kunz property, with the balance of the property
comprising the second lot. Eventually, the Developer will modify the second lot into six individual lots
in a townhouse type plat for the office buildings.
Planner Larsen concluded saying that Fred Hoisington of Hoisington Koegler has reviewed the final
plan. Mr. Hoisington finds the final plan consistent with the plan given preliminary approval. The
Planning Commission recommended approval of the plan at their June 26, 1996 meeting with five
conditions:
Implementation and granting of easement from Eden Circle in the southwesterly
portion of the property, continuing east to the railroad tracks and then north to connect
out to Eden Avenue;
Developer’s Agreement covering all public improvements;
Subdivision dedication based on the unplatted portion of the property; and
Development Agreement between Laurent Parks and Kunz Oil that would include a
commitment by HRA to continue Grandview Area streetscape on the south side of
Eden Avenue in connection with the project. It would also include the public
1.
2.
3. Watershed District grading permit;
4.
5.
improvements part of the development.
Public Comment
John Menke, 5301 Pinewood Trail, representing the Richmond Hills neighborhood association, stated
his approval of the overall plan as proposed. However, Mr. Menke expressed concern with the height
of the proposed buildings.
Chris Moarn, Laurent Parks Development, pointed out Building A which will be the tallest building on
the site and will be three stories.
Council Discussion/Action
Mayor Richards asked who will be responsible for the maintenance of the holding ponds proposed
for the site. There is concern that they are maintained in a manner consistent with the character of
Eden Avenue. Attorney Gilligan and Planner Larsen suggested the minimum standards could be
incorporated into the Developers Agreements.
Member Smith asked for verification from Mr. Moarn regarding the building height of the remaining
proposed Buildings as shown on the plan before Council. Buildings By C and F also seem planned
to be three stories. Mr. Moarn replied that they plan Building B for two stories, Building C is planned
for three stories and Buildings F is planned for two stories.
Member Kelly introduced the following ordinance and moved its adoption:
ORDINANCE NO. 850-A6
BY REZONING PROPERN TO PLANNED OFFICE DISTRICT, POD-I
AN ORDINANCE AMENDING THE ZONING ORDINANCE (NO. 850)
FROM PLANNED INDUSTRIAL DISTRICT
THE CIN COUNCIL OF THE CITY OF EDINA, MINNESOTA, ORDAINS:
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MinuteslEdina City CouncillJulv 15.1996
Section 1. Subsection 850.06 of Section 850 of the Edina City Code is amended by adding
"The extent of the Planned Office District (POD-I), is enlarged by the addition of the
That portion of Lot One, Block One, WANNER ADDITION, also known as 5229 Eden Circle.
The extent of the Planned Industrial District (PID) is reduced by removing the property
Section 2. This ordinance shall be in full force and effect upon its passage and publication.
Rol I cal I:
Ayes: Kelly, Paulus, Smith, Richards
Ordinance adopted.
1 the following thereto:
following property:
described above from the PID District."
Member Paulus seconded the motion.
Member Kelly introduced the following resolution and moved its adoption:
RESOLUTION APPROVING FINAL PLAT
FOR THE CIRRUS ADDITION
BE IT RESOLVED by the City Council of the City of Edina, Minnesota, that that certain plat
entitled, Cirrus Addition, platted by LaurentlParks Development Companies, and presented
at the regular meeting of the City Council on July 15,1996, be and is hereby granted final plat
approval with the following conditions:
I. Implementation and granting of easement from Eden Circle in the
southwesterly portion of the property, continuing east to the railroad tracks and
then north to connect out to Eden Avenue;
2. Developer's Agreement covering all public improvements, including a
maintenance easement for the ponding areas;
3. Watershed District grading permit;
4. Subdivision dedication of $80,000; and
5. Development Agreement between Laurent Parks and Kunz Oil that would
include a commitment by HRA to continue Grandview Area streetscape on the
south side of Eden Avenue in connection with the project. It would also include
the public improvements part of the development.
Adopted this 15th day of July, 1996.
Rollcall:
Ayes: Kelly, Paulus, Smith, Richards
Resolution adopted.
Member Paulus seconded the motion.
FINAL DEVELOPMENT PLAN APPROVED FOR HERITAGE OF EDINA. INC (3456 HERITAGE
DRIVE) Affidavits of Notice were presented, approved and ordered placed on file.
Presentation bv Planner
Planner Larsen stated the subject property is located at 3456 Heritage Drive, is zoned Planned
Resident District -5 and currently developed with a 108-bed nursing home. Wayne Field, owner of
the Heritage of Edina, Inc, submitted a Final Development Plan request for an addition containing
five patient rooms and additional commons and administrative areas. The proposal also calls for an
expanded parking lot located to the west of the existing lot. After the addition and remodeling 107
beds will remain. Exterior materials for the addition are planned to match the brick of the existing
building. I
Page 6
MinuteslEdina City CouncilNulv 15.1996
The proposed plan would require a 27-foot sideyard setback from the Crosstown Highway, a variance
for parking quantity of 19 spaces and parking setback variances along Heritage Drive. Currently,
Heritage of Edina has 44 spaces, but would increase to 55 spaces after the remodeling.
Planner Larsen informed Council the Planning Commission approved the Final Development Plan
as presented at its June 26, 1996 meeting.
Proponent Comment
Wayne Field, owner of Heritage of Edina, addressed the Council urging approval of his proposed
addition and renovation. Mr. Field stated he built Heritage of Edina 35 years ago. He needs to
upgrade and improve his property to stay competitive in the business. Mr. Field stated there is
increased demand for single rooms and the proposed addition will help fill this need. He reminded
Council he has been a good citizen for many years.
I
Public Comment
Mary Mortada, 631 1 Barrie Road, expressed concern that if the Heritage's parking lot is enlarged the
Colony of Edina will experience a negative impact. Traffic on the street is already very heavy. Ms.
Mortada questions whether the addition will be any improvement. Ms. Mortada added many of her
neighbors who were unable to attend the meeting were also concerned about the impact of the
addition.
Council Action
Member Paulus introduced the following resolution and moved it approval:
RESOLUTION APPROVING FINAL DEVELOPMENT PLAN
FOR THE HERITAGE OF EDINA, INC., REDEVELOPMENT PLAN
BE IT RESOLVED by the City Council at the City of Edina, Minnesota, that the Final
Development plan for Heritage of Edina, Inc. At 3456 Heritage Drive presented at the regular
meeting of the City Council on July 15, 1996, be and is hereby approved subject to: parking
quantity variance of I9 spaces and sideyard setback variances from Crosstown Highway and
Heritage Drive. Member Kelly seconded the motion.
I
Rollcall:
Ayes: Kelly, Paulus, Smith, Richards
Resolution adopted.
*BID AWARDED FOR RENOVATION OR REBUILD OF FOUR TENNIS COURTS Motion made
by Member Paulus and seconded by Member Kelly for award of bid for renovation or rebuild
of four tennis courts to recommended low bidder, Finley Brothers, Inc., at $128,080.00.
Motion carried on rollcall vote - four ayes.
*BID AWARDED FOR SELF-PROPELLED ASPHALT PAVER Motion made by Member Paulus
and seconded by Member Kelly for award of bid for self-propelled asphalt paver to
recommended low bidder, Ruffridge Johnson Equipment Co., at $70,970.53.
Motion carried on rollcall vote - four ayes.
"BID AWARDED FOR STORM SEWER PROJECTS STS-240 (ROLLING GREEN! AND STS 243
ICENTENNIAL LAKES) Motion made by Member Paulus and seconded by Member Kelly for
award of bid for storm sewer projects, STS-240 (Rolling Green) and STS-243 (Centennial
Lakes) to recommended low bidder, Northdale Construction at $596,747.37.
Motion carried on rollcall vote - four ayes.
Page 7
MinuteslEdina City CouncillJulv 15.1996
*BID AWARDED FOR MI0 ROOFTOP AIR CONDITIONING UNITS FOR PUBLIC WORKS Motion
made by Member Paulus and seconded by Member Kelly for award of bid for two rooftop air
conditioning units for public works to recommended low bidder, O'Brien Mechanical Systems
at $14,995.00.
Motion carried on rollcall vote - four ayes.
*BID AWARDED FORTRAFFIC SIGNAL CABINETTYPE R Motion made by Member Paulus and
seconded by Member Kelly for award of bid for a traffic signal cabinet type R to recommended
low bidder, Act Electronics, Inc. at $6,819.73.
Motion carried on rollcall vote - four ayes.
*BID AWARDED FOR PARKING RAMP LIGHT FIXTURE REPLACEMENT Motion made by
Member Paulus and seconded by Member Kelly for award of bid for parking ramp light fixture
replacement to recommended low bidder, Eesco United at $7,614.75.
Motion carried on rollcall vote - four ayes.
SALE OF $8,090.000 GENERAL OBLIGATION PARK AND RECREATION BONDS SERIES 1996B
Nine (9) sealed bids for the General Obligation Park and Recreation Bonds, Series 1996A of the City
had been received at the time and place designated in the Terms of Proposal approved by resolution
of the Council at the meeting held June 17, 1996, and included in the Official Statement circulated
by the City's financial advisor on behalf of the City. The bids were as follows:
Bidder Rates Price Cost Rate
A.G. Edwards &
Sons, Inc. 4.25% 1999 $8,029,325.00 $5,823,962.50 5.5214%
Interest Net Interest True Interest
4.40% 2000
4.50% 2001
4.65% 2002
4.80% 2003
4.90% 2004
5.00% 2005
5.10% 2006
5.20% 2007
5.30% 2008
5.40% 2009
5.45% 2010
5.50% 201 I
5.55% 2012
5.60% 2013
5.65% 2014
5.70% 2015
5.75% 201 6-201 7
Dain Bosworth,lnc. 5.125% 1999 $8,000,000.00 $5,798,340.63
5.5343%
5.20% 2000-2005
5.25% 2006-2007
5.40% 2009-201 0
5.50% 201 1-201 7
5.30% 2008
Cronin & Co., Inc.
Page 8
Smith Barney 5.00% 1999-2002
5.20% 2003-2007
5.30% 2008
5.40% 2009
5.50% 2010
5.55% 201 1-2017
5.5556%
FBS Investment
Services, Inc. 4.45% 1999
561 80%
4.55% 2000
4.65% 2001
4.75% 2002
4.85% 2003
5.00% 2004
5.1 0% 2005
5.15% 2006
5.25% 2007
5.35% 2008
5.50% 2009
5.60% 201 0
5.65% 201 I
5.70% 2012-2017
Robert W. Baird 5.20% 1999-2066
Piper Jaffray, Inc.
5.6266%
& Co., Inc. 5.30% 2007
5.40% 2008
5.60% 201 I
I
5.50% 2009-201 0
5.625% 2012-201 7
Nike Securities
Wm. R. Hough & Co. 5.375% 1999-2002
5.6387%
Betzold, Berg & 5.40% 2003-2006
Nussbaum & Co. 5.50% 2007-2013
J.C. Bradford & Co. 5.60% 2014-2017
Merrill Lynch & Co.
5.6674%
4.70% 1999-2001
4.80% 2002
4.90% 2003
5.00% 2004
5.10% 2005
5.30% 2008
5.40% 2009
5.50% 2010
5.70% 201 1
5.75% 2012
5.20% 2006-2007
MinuteslEdina City CouncillJulv 15.1996
$8,000,520.00 $5,826,161.25
$8,002,061.25 $5,907,288.75
$8,000,160.60 $5,900,051.90
$8,000,371.60 $5,903.622.1 5
$8,000,958.85 $5,962,391 .I 5
Page 9
MinuteslEdina Citv CouncillJulv 15.1996
5.80% 201 3-201 7
First of America 5.00% 1999 $8,000,000.00 $5,965,900.00
5.6825%
Securities,Southwest 5.10% 2000
Securities, Inc. 5.20% 2001 -2006
5.30% 2007
5.375% 2008
5.40% 2009
5.50% 2010
5.60% 201 I
5.70% 2012
5.75% 2013-2017
ABN AMRO
Securities (USA) Inc. 5.20% 1999-2006 $8,000,077.50 $5,987,535.00
5.7045%
Prudential Sec. Inc., 5.30% 2007
Dean Witter Reynolds5.40% 2008
Inc. PaineWebber lnc.5.50% 2009
Oppenheimer & Co., 5.60% 2010
Inc. 5.70% 201 1-2012
5.75% 2013-2017
Member Smith introduced the following resolution and moved its adoption:
RESOLUTION RELATING TO $8,090,000 GENERAL OBLIGATION PARK AND RECREATION
BONDS, SERIES 1996B; AUTHORIZING THE ISSUANCE, AWARDING THE SALE, FIXING
THE FORM AND DETAILS, PROVIDING FOR THE EXECUTION AND DELIVERY THEREOF
AND THE SECURITY THEREFOR AND LEVYING AD VALOREM TAXES FOR THE PAYMENT
THEREOF
BE IT RESOLVED by the City Council of the City of Edina, Minnesota (the City), as follows:
Section I. Recitals.
I .Ol. Authorization. This Council has previously determined to issue and sell $8,090,000
principal amount of General Obligation Park and Recreation Bonds, Series 1996B, of the City
(the Bonds) to defray the expense incurred and estimated to be incurred by the City to
improve public parks and other recreational facilities in the City and to expand Braemar Arena
to provide an additional ice skating rink, including every item of cost of the kinds authorized
in Minnesota Statutes, Section 475.65, and $90,000 representing interest as provided in
Minnesota Statutes, Section 475.56. Issuance of the Bonds was authorized by the electors of
the City at a special election held on May 7,1996.
1.02. Sale of Bonds. The City has retained Springsted Incorporated, an independent financial
advisor, to assist the City in connection with the sale of the Bonds. The Bonds are being sold
pursuant to Minnesota Statutes, Section 475.60, Subdivision 2, paragraph (9), without meeting
the requirements for public sale under Minnesota Statutes, Section 475.60, Subdivision I.
Pursuant to the Terms of Proposal for the sale of the Bonds, nine (9) proposals for the
purchase of the Bonds were received at or before the time specified for receipt of proposals.
The proposals 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 A. G. Edwards & Sons, Incorporated, of St. Louis,
Missouri, and associates (the Purchaser), to purchase the Bonds at a price of $8,029,325, the
Page IO
MinutesIEdina Citv CouncilNulv 15.1996
Bonds to bear interest at the rates set forth in Section 3.01. The proposal is hereby accepted,
and the Mayor and the 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 deposit of the
Purchaser shall be retained and deposited by the City until the Bonds have been delivered
and shall be deducted from the purchase price at settlement. The good faith checks of the
other persons who submitted proposals shall be returned forthwith.
I .03. 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.
Section 2. Form of Bonds. The Bonds shall be prepared in substantially the following form:
I
UNITED STATES OF AMERICA
STATE OF MINNESOTA
COUNTY OF HENNEPIN
CITY OF EDINA
GENERAL OBLIGATION PARK AND RECREATION
BOND, SERIES 1996B
Rate
Date of
Maturity Oriainal Issue
August 1 ,I 996
OWNER:
PRINCIPAL
AMOUNT:
CUSlP
DOLLARS
THE CITY OF EDINA, Hennepin County, Minnesota (the "City"), acknowledges itself to
be indebted and, for value received, hereby promises to pay to the registered owner above
named, the principal amount indicated above, on the maturity date specified above, with
interest thereon from the date of original issue specified above at the annual rate specified
above computed on the basis of a 360-day year consisting of twelve 30-day months, payable
on February I and August I in each year, commencing August 1,1997, 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 office of the City Finance
Director, in Edina, Minnesota, as Registrar, Transfer Agent and Paying Agent (the "Bond
Registrar"), or its successor designated under the Resolution described herein, the principal
hereof, are payable in lawful money of the United States of America by check or draft of the
City or the Bond Registrar if a successor to the City Finance Director as Bond Registrar has
been designated under the Resolution described herein.
This Bond is one of an issue in the aggregate principal amount of $8,090,000 (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
July 15,1996 (the "Resolution") and authority conferred by more than the requisite majority
Page 11
MinuteslEdina City CouncillJulv 15.1996
vote of the qualified electors of the City voting on the question of its issuance at an election
duly called and held on May 7,1996, 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, Chapter 475. 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 1999 through 2006 are payable on their respective stated
maturity dates without option of prior payment, but Bonds having stated maturity dates in the
years 2007 and thereafter are each subject to redemption and prepayment, at the option of
the City and in whole or in part and if in part, in the maturities selected by the City and by lot,
assigned in proportion to their principal amount, within any maturity, on February I, 2006 and
on any 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 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, not affected by such defect or
failure. Official notice of redemption having been given as aforesaid, the Bonds or portions
of Bonds so to be redeemed shall, on the redemption date, become due and payable at the
redemption price herein specified and from and after such date (unless the City shall default
in the payment of the redemption price) such Bond or portions of Bonds shall cease to bear
interest. 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
in order to make it a valid and binding general obligation of the City according to its terms
have been done, do exist, have happened and have been performed as so required; that prior
to the issuance hereof the City has levied ad valorem taxes on all taxable property within the
City, collectible in the years and amounts required to produce sums not less than 5% in
excess of the principal of and interest on the Bonds as such principal and interest
respectively become due; that, additional ad valorem taxes if needed to meet the principal and
interest requirements of the Bonds, shall be levied upon all taxable property in the City
without limitation as to rate or amount; and that the issuance of this Bond does not cause the
indebtedness of the City to exceed any constitutional or statutory limitation.
This Bond shall not be valid or become obligatory for any purpose or be entitled to any
I
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MinutedEdina Citv CouncillJulv 15.1996
security or benefit under the Resolution until the Certificate of Authentication hereon shall
have been executed by the Bond Registrar by manual signature of the Bond Registrar, or in
the event the City Finance Director is no longer acting as Bond Registrar, one of the
authorized representatives of the Bond Registrar.
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 signatures of the Mayor and the City
Manager and has caused this Bond to be dated as of the date set forth below.
Date of Authentication:
CITY OF EDINA
City Manager Mayor
CERTIFICATE OF AUTHENTICATION
This is one of the Bonds delivered pursuant to the Resolution mentioned within.
City Finance Director,
as Bond Registrar
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 UNlF TRANS MIN ACT ............... Custodian ...............
in common
TEN ENT -- as tenants
by the entireties
JT TEN -- as joint tenants
with right of
survivorship and
not as tenants in
common
(Cust) (Minor)
under Uniform Transfers 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
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MinuteslEdina City CouncillJulv 15.1996
premises.
Dated:
PLEASE INSERT SOCIAL SECURITY
OR OTHER IDENTIFYING NUMBER
OF ASSIGNEE:
NOTICE: The signature(s) to
this assignment must correspond with
the name as it appears upon the face of
the within Bond in every particular,
without alteration, enlargement
or any change whatsoever.
Signature(@ must be guaranteed by an
"eligible guarantor institution" meeting
the requirements of the Bond Registrar,
which requirements include membership
or participation in the Securities Transfer
Association Medalion Program (STAMP)
or such other "signature guaranty program"
as may be determined by the Bond Registrar
in addition to or in substitution for STAMP,
all in accordance with the Securities
Exchange Act of 1934, as amended.
Section 3. Bond Terms. Execution and Delivery.
3.01. Maturities. interest Rates. Denominations. Pavment. The City shall forthwith issue and
deliver the Bonds, which shall be denominated "General Obligation Park and Recreation
Bonds, Series 1996B" and shall be payable primarily from the 1996 Park and Recreation Bond
Fund created in Section 4.02 hereof. The Bonds shall bear a date of original issue of August
1,1996, shall be issuable in the denomination of $5,000 each or any integral multiple thereof,
shall mature on February I in the years and amounts set forth below, and Bonds maturing in
such years and amounts shall bear interest from date of original issue until paid or duly called
for redemption at the rates per annum shown opposite such years and amounts as follows:
Year Amount Rate &?aJ Amount Rate
4999
2000
2001
2002
2003
2004
2005
2006
2007
2008
$265,000
275,000
300,000
300,000
325,O 0 0
325,000
350,000
375,O 0 0
375,000
400,000
4.25%
4.40
4.50
4.65
4.80
4.90
5.00
5.1 0
5.20
5.30
2009
201 0
201 1
2012
201 3
2014
201 5
201 6
201 7
$425,000
450,000
475,000
500,000
525,000
550,000
600,000
625,O 0 0
650,000
5.40%
5.45
5.50
5.55
5.60
5.65
5.70
5.75
5.75
The Bonds shall be issuable only in fully registered form. The interest thereon and, upon
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MinuteslEdina Citv CouncillJulv 15.1996
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
February 1 and August I in each year, commencing August 1,1997, 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. Interest on the Bonds will be computed on the
basis of a 360-day year consisting of twelve 30-day months and will be rounded pursuant to
the rules of the Municipal Securities Rulemaking Board.
3.03. Reaistration. 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) Reaister. The Registrar shall keep at its principal corporate trust office a bond
register in which the Registrar shall provide for the registration of ownership of
Bonds and the registration of transfers and exchanges of Bonds entitled to be
registered, transferred or exchanged.
(b) Transfer of Bonds. Upon surrender for transfer of any Bond duly endorsed by
the registered owner thereof or accompanied by a written instrument of transfer,
in form satisfactory to the Registrar, duly executed by the registered owner thereof
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) Exchanae 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) Cancellation. All Bonds surrendered upon any transfer or exchange shall be
promptly cancelled by the Registrar and thereafter disposed of as directed by the
City.
(e) Improper or Unauthorized Transfer. When any Bond is presented to the
Registrar for transfer, the Registrar may refuse to transfer the same until it is
satisfied that the endorsement on such Bond or separate instrument of transfer is
legally authorized. The Registrar shall incur no liability for its refusal, in good faith,
to make transfers which it, in its judgment, 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 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.
(9) Taxes. Fees and Charues. 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.
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MinuteslEdina City CouncillJulv 15.1996
(h) Mutilated. Lost. Stolen or Destroved 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. All Bonds so surrendered to the
Registrar shall be cancelled by it and evidence of such cancellation shall be given
to the City. If the mutilated, lost, stolen or destroyed Bond has already matured or
been called for redemption in accordance with its terms, it shall not be necessary
to issue a new Bond prior to payment.
3.04. Appointment of Initial Reaistrar. The City hereby appoints the City Finance
Director, as the initial Registrar. In the event that the City determines to discontinue the book
entry-only system for the Bonds as described in paragraph (c) of Section 3.07, or DTC, as
defined in Section 3.07, determines to discontinue providing its services with respect to the
Bonds and a new securities depository is not appointed for the Bonds, the City will designate
a suitable bank or trust company to act as successor Registrar if the City Finance Director
is then acting as Registrar. The 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.
3.05. Redemption. Bonds maturing in the years 1999 through 2006 shall not be
subject to redemption prior to maturity, but Bonds maturing in the years 2007 and thereafter
shall each be subject to redemption and prepayment, at the option of the City, in whole or in
part, and if in part, in the maturities selected by the City and, within any maturity, in $5,000
principal amounts selected by the Registrar by lot, on February 1, 2006 and on any 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 Clerk shall cause notice of the call for redemption to be mailed to the
Registrar and to the registered owner of each Bond to be redeemed, but no defect in or failure
to give such mailed notice of redemption shall affect the validity of proceedings for the
redemption of any Bond not affected by such defect or failure. The notice of redemption shall
specify the redemption date, redemption price, the numbers, interest rates and CUSlP
numbers of the Bonds to be redeemed and the place at which the Bonds are to be
surrendered for payment, which is the principal office of the Registrar. Official notice of
redemption having been given as aforesaid, the Bonds or portions thereof so to be redeemed
shall, on the redemption date, become due and payable at the redemption price therein
specified and from and after such date (unless the City shall default in the payment of the
redemption price) such Bonds or portions thereof shall cease to bear interest.
In addition to the notice prescribed by the preceding paragraph, the City shall also
give, or cause to be given, notice of the redemption of any Bond or Bonds or portions thereof
at least 35 days before the redemption date by certified mail or telecopy to the Purchaser and
all registered securities depositories then in the business of holding substantial amounts of
obligations of the character of the Bonds (such depositories now being The Depository Trust
Company, of Garden City, New York; and Philadelphia Depository Trust Company, of
Philadelphia, Pennsylvania) and one or more national information services that disseminate
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MinuteslEdina City CouncillJulv 15.1996
information regarding municipal bond redemptions; provided that any defect in or any failure
to give any notice of redemption prescribed by this paragraph shall not affect the validity of
the proceedings for the redemption of any Bond or portion thereof.
Bonds in a denomination larger than $5,000 may be redeemed in part in any integral
multiple of $5,000. The owner of any Bond redeemed in part shall receive, upon surrender of
such Bond to the Registrar, one or more new Bonds of such same series in authorized
denominations equal in principal amount to the unredeemed portion of the Bond so
surrendered.
3.06. Preparation and Delivery. The Bonds shall be prepared under the direction of
the City Finance Director and shall be executed on behalf of the City by the manual or
facsimile signatures of the Mayor and the City Manager. In case any officer whose signature
shall appear on the Bonds shall cease to be such officer before the delivery of any Bond, such
signature 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 the Registrar, or in the event the City Finance Director
is no longer acting as Registrar, an authorized representative of the Registrar. Certificates of
authentication on different Bonds need not be signed by the same representative. The
executed certificate of authentication on each Bond shall be conclusive evidence that it has
been authenticated and delivered under this resolution. When the Bonds have been so
executed and authenticated, they shall be delivered by the City Finance Director to the
Purchaser upon payment of the purchase price in accordance with the contract of sale
heretofore made and executed, and the Purchaser shall not be obligated to see to the
application of the purchase price.
3.07. Securities Depositorv. (a) For purposes of this Section the following terms
shall have the following meanings:
"Beneficial Owner" shall mean, whenever used with respect to a Bond, the person
in whose name such Bond is recorded as the beneficial owner of such Bond by a Participant
on the records of such Participant, or such person's subrogee.
"Cede & Co." shall mean Cede & Co., the nominee of DTC, and any successor
nominee of DTC with respect to the Bonds.
"DTC" shall mean The Depository Trust Company of New York, New York.
"Participant" shall mean any broker-dealer, bank or other financial institution for
which DTC holds Bonds as securities depository.
"Representation Letter" shall mean the Representation Letter from the City to DTC
with respect to the procedures of DTC presently on file with DTC.
(b) The Bonds shall be initially issued as separately authenticated fully registered
bonds, and one Bond shall be issued in the principal amount of each stated maturity of the
Bonds. Upon initial issuance, the ownership of such Bonds shall be registered in the bond
register in the name of Cede & Co., as nominee of DTC. The Registrar and the City may treat
DTC (or its nominee) as the sole and exclusive owner of the Bonds registered in its name for
the purposes of payment of the principal of or interest on the Bonds, selecting the Bonds or
portions thereof to be redeemed, if any, giving any notice permitted or required to be given
to registered owners of Bonds under this resolution, registering the transfer of Bonds, and
for all other purposes whatsoever; and neither the Registrar nor the City shall be affected by
any notice to the contrary. Neither the Registrar nor the City shall have any responsibility or
obligation to any Participant, any person claiming a beneficial ownership interest in the
Bonds under or through DTC or any Participant, or any other person which is not shown on
the bond register as being a registered owner of any Bonds, with respect to the accuracy of
Page 17
MinuteslEdina City CouncillJulv 15.1996
any records maintained by DTC or any Participant, with respect to the payment by DTC or any
Participant of any amount with respect to the principal of or interest on the Bonds, with
respect to any notice which is permitted or required to be given to owners of Bonds under
this resolution, with respect to the selection by DTC or any Participant of any person to
receive payment in the event of a partial redemption of the Bonds, or with respect to any
consent given or other action taken by DTC as registered owner of the Bonds. So long as any
Bond is registered in the name of Cede & Co., as nominee of DTC, the Registrar shall pay all
principal of and interest on such Bond, and shall give all notices with respect to such Bond,
only to Cede & Co. in accordance with the Representation Letter, and all such payments shall
be valid and effective to fully satisfy and discharge the City's obligations with respect to the
principal of and interest on the Bonds to the extent of the sum or sums so paid. No person
other than DTC shall receive an authenticated Bond for each separate stated maturity
evidencing the obligation of the City to make payments of principal and interest. Upon
delivery by DTC to the Registrar of written notice to the effect that DTC has determined to
substitute a new nominee in place of Cede & Co., the Bonds will be transferable to such new
nominee in accordance with paragraph (d) hereof.
(c) In the event the City determines that it is in the best interest of the Beneficial
Owners that they be able to obtain Bonds in the form of bond certificates, the City may notify
DTC and the Registrar, whereupon DTC shall notify the Participants of the availability through
DTC of Bonds in the form of certificates. In such event, the Bonds will be transferable in
accordance with paragraph (d) hereof. DTC may determine to discontinue providing its
services with respect to the Bonds at any time by giving notice to the City and the Registrar
and discharging its responsibilities with respect thereto under applicable law. In such event
the Bonds will be transferable in accordance with paragraph (d) hereof.
(d) In the event that any transfer or exchange of Bonds is permitted under
paragraph (b) or (c) hereof, such transfer or exchange shall be accomplished upon receipt by
the Registrar of the Bonds to be transferred or exchanged and appropriate instruments of
transfer to the permitted transferee in accordance with the provisions of this resolution. In
the event Bonds in the form of certificates are issued to owners other than Cede & Co., its
successor as nominee for DTC as owner of all the Bonds, or another securities depository
as owner of all the Bonds, the provisions of this resolution shall also apply to all matters
relating thereto, including, without limitation, the printing of such Bonds in the form of bond
certificates and the method of payment of principal of and interest on such Bonds in the form
of bond certificates.
I
Section 4. Securitv Provisions.
4.01.1996 Park and Recreation Construction Fund. There is hereby created on the
books and records of the City a special bookkeeping fund to be designated as the "1996 Park
and Recreation Construction Fund" (hereinafter referred to as 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 appropriates to the Construction Fund $8,000,000 from the proceeds of
the sale. There are hereby established two accounts in the Construction Fund designated as
the "Park and Recreational Facilities Account" and "Braemar Arena Account." $5,500,000 of
the amount initially deposited in the Construction Fund shall be allocated to the Park and
Recreational Facilities Account, and the remaining $2,500,000 deposited in the Construction
Fund shall be allocated to the Braemar Arena Account. Amounts in the Park and Recreational
Facilities Account shall be used to defray expenses of improving public parks and other
recreational facilities in the City (including, but not limited to, Braemar Arena), and amounts
in the Braemar Arena Account shall be used to defray expenses of the expansion of Braemar
Arena to provide an additional indoor ice skating rink. The Construction Fund shall be used
solely to defray expenses of the projects authorized to be financed with the proceeds of the
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MinutedEdina Citv CouncillJulv 15.1996
Bonds. Upon completion and payment of all costs of the projects to be financed with the
proceeds of the Bonds; any balance of the proceeds of Bonds remaining in the Construction
Fund shall be credited and paid to the Bond Fund established by Section 4.02 hereof or used
for any other purpose authorized by law.
4.02. 1996 Park and Recreation Bond Fund. So long as any of the Bonds are
outstanding and any principal of or interest thereon unpaid, the City Finance Director shall
on the books and records of the City maintain a separate and special bookkeeping fund
designated "1996 Park and Recreation Bond Fund" (hereinafter referred to as the Bond Fund)
to be used for no purpose other than the payment of the principal of and interest on the
Bonds and on such other Bonds of the City as have been or may be directed to be paid
therefrom. The City irrevocably appropriates to the Bond Fund (a) all proceeds received by
the City upon the sale of the Bonds in excess of $8,000,000, (b) all taxes levied in accordance
with this resolution, (c) all income derived from the investment of amounts on hand in the
Bond Fund, and (d) all such other moneys as shall be received and appropriated to the Bond
Fund from time to time. If the balance in the Bond Fund is at any time insufficient to pay all
interest and principal then due on all bonds payable therefrom, the payment shall be made
from any fund of the City which is available for that purpose, subject to reimbursement from
the Bond Fund when the balance therein is sufficient, and the Council covenants and agrees
that it will each year levy a sufficient amount to take care of any accumulated or anticipated
deficiency, which levy is not subject to any constitutional or statutory tax limitation.
There are hereby established two accounts in the Bond Fund, designated as the
"Debt Service Account" and the "Surplus Account." All money appropriated or to be
deposited in the Bond Fund shall be deposited as received into the Debt Service Account. On
each February I, the City Finance Director shall determine the amount on hand in the Debt
Service Account. If such amount is in excess of one-twelfth of the debt service payable from
the Bond Fund in the immediately preceding 12 months, the City Finance Director shall
promptly transfer the amount in excess to the Surplus Account. The City appropriates to the
Surplus Account any amounts to be transferred thereto from the Debt Service Account as
herein provided and all income derived from the investment of amounts on hand in the
Surplus Account, If at any time the amount on hand in the Debt Service Account is insufficient
to meet the requirements of the Bond Fund, the City Finance Director-shall transfer to the
Debt Service Account amounts on hand in the Surplus Account to the extent necessary to
cure such deficiency.
4.03. Ad Valorem Taxes. The full faith and credit and taxing powers of the City are
irrevocably pledged for the prompt and full payment of the principal of and interest in the
Bonds as the same become respectively due. For the purpose there is hereby levied upon all
of the taxable property of the City a direct, annual ad valorem tax, which shall be spread upon
the tax rolls prepared in each of the following years and collected with other taxes in the
following years and amounts as follows:
Levy Collection
Year Year Amount
1996 1997 $675,675
1997 1998 728,700
1998 1999 727,375
1999 2000 740,920
2000 2001 726,745
2001 2002 738,347
2002 2003 721,967
2003 2004 731,496
2004 2005 739,371
Page I9
MinuteslEdina City CouncillJulv 15.1996
2005
2006
2007
2008
2009
201 0
201 I
2012
201 3
2014
201 5
2006
2007
2008
2009
201 0
201 I
2012
2013
2014
201 5
201 6
71 9,290
725,065
729,055
731,207
731,706
730,525
727,637
723,017
742,889
733,229
721,744
The foregoing tax levies are such that if collected in full they will produce at least five
percent (5%) in excess of the amount needed to pay when due the principal of and interest
on the Bonds. This tax shall be irrevocably appropriated to the Bond Fund as long as any of
the Bonds are outstanding and unpaid; provided that the City reserves the right and power
to reduce the levies in the manner and to the extent permitted by Minnesota Statutes, Section
475.61.
If the money on hand in the Bond Fund should at any time be insufficient for the
payment of principal and interest then due, this City shall pay the principal and interest out
of any fund of the City, and such other fund or funds shall be reimbursed therefor when
sufficient money is available to the Bond Fund. If on October 4 in any year the sum of the
balance in the Bond Fund plus the amount of taxes theretofore levied for the payment of the
Bonds collectible through the end of the following calendar year is not sufficient to pay when
due all principal and interest become due on all Bonds payable therefrom in said 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.
Section 5. Defeasance. When all of the Bonds have been discharged as provided in
this section, all pledges, covenants and other rights granted by this resolution to the holders
of the Bonds shall cease. 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. 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. Reaistration. Certification of Proceedinas. Investment of Moneys.
Arbitraae and Official Statement.
6.01. Reaistration. The City Clerk is hereby authorized and directed to file a certified
copy of this resolution with the County Auditor of Hennepin County, together with such other
information as he shall require, and to obtain from the County Auditor a certificate that the
Bonds have been entered on the Auditor's bond register and that the tax required for the
payment thereof has been levied and filed as required by law.
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MinuteslEdina City CounciVJulv 15,1996
6.02. Certification of Proceedinas. The officers of the City and the County Auditor of
Hennepin County are hereby authorized and directed to prepare and furnish to the Purchaser,
and to Dorsey 81 Whitney LLP., 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. Covenant. 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 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 such Code and
Regulations. The projects to be financed with the Bonds will be owned and maintained by the
City and available for use by members of the general public on a substantially equal basis.
The City shall not enter into any lease, use or other agreement with any non-governmental
person relating to the use of such projects or security for the payment of the Bonds which
might cause the Bonds to be considered "private activity bonds" or "private loan bonds"
within the meaning of Section 141 of the Code.
6.04. Arbitraae Rebate. The City acknowledges that the Bonds are subject to the
rebate requirements of Section 148(f) of the Code. The City covenants and agrees to retain
such records, make such determinations, file such reports and documents and pay such
amounts at such times as are required under said Section 1480 and applicable Regulations
to preserve the exclusion of interest on the Bonds from gross income for federal income tax
purposes, unless the Bonds qualify for the exception from the rebate requirement under
Section 148(f)(4)(C) of the Code and no "gross proceeds" of the Bonds (other than amounts
constituting a "bona fide debt service fund") arise during or after the expenditure of the
original proceeds thereof. In furtherance of the foregoing, the City Finance Director is hereby
authorized and directed to execute a Rebate Certificate, in the form prescribed by Bond
Counsel, and the City hereby covenants and agrees to observe and perform the covenants
and agreements contained therein, unless amended or terminated in accordance with the
provisions thereof.
6.05. Arbitraae Certification. The Mayor and City Manager, being the officers of the
City charged with the responsibility for issuing the Bonds pursuant to this resolution, are
authorized and directed to execute and deliver to the Purchaser a certificate in accordance
with the provisions of Section 148 of the Code, and Section 1.148-2(b)(2) of the Regulations,
stating the facts and estimates 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.
6.06. Interest Disallowance. The City hereby designates the Bonds as "qualified
tax-exempt obligations" for purpose of Section 265(b) of the Code relating to the
disallowance of interest expenses for financial institutions. The City represents that in
calendar year 1996 it does not reasonably expect to issue tax-exempt obligations which are
not private activity bonds (not treating qualified 501(c)(3) bonds under Section 145 of the
Code as private activity bonds for purposes of this representation) in an amount in excess
of $A 0,000,000.
6.07. Official Statement. The Official Statement relating to the Bonds, dated July 1,
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MinuteslEdina City CouncillJulv 15. 4996
1996, prepared and distributed on behalf of the City by Springsted Incorporated, is hereby
approved. Springsted Incorporated is hereby authorized of behalf of the City to prepare and
distribute to the Purchaser a supplement to the Official Statement listing the offering price,
the interest rates, other information relating to the Bonds required to be included in the
Official Statement by Rule 15~2-I2 adopted by the Securities and Exchange Commission
under the Securities Exchange Act of 1934. Within seven business days from the date hereof,
the City shall deliver to the Purchaser copies of the Official Statement and such supplement.
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. 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.
I
Section 7. Continuinq Disclosure.
(a) Purpose and Beneficiaries. To provide for the public availability of certain
information relating to the Bonds and the security therefor and to permit the original
purchaser and other participating underwriters in the primary offering of the Bonds to comply
with amendments to Rule 15~2-I2 promulgated by the Securities and Exchange Commission
(the "SEC") under the Securities Exchange Act of 1934(17 C.F.R.9 240.15c2-12), relating to
continuing disclosure (as in effect and interpreted from time to time, the "Rule"), which will
enhance the marketability of the Bonds, the City hereby makes the following covenants and
agreements for the benefit of the Owners (as hereinafter defined) from time to time of the
Outstanding Bonds (as hereinafter defined). The City is the only "obligated person" in respect
of the Bonds within the meaning of the Rule for purposes of identifying the entities in respect
of which continuing disclosure must be made.
If the City fails to comply with any provisions of this Section 7, any person aggrieved
thereby, including the Owners of any Outstanding Bonds, may take whatever action at law or
in equity may appear necessary or appropriate to enforce performance and observance of any
agreement or covenant contained in this Section 7, including an action for a writ of
mandamus or specific performance. Direct, indirect, consequential and punitive damages
shall not be recoverable for any default hereunder to the extent permitted by law.
Notwithstanding anything to the contrary contained herein, in no event shall a default under
this Section 7 constitute a default under the Bonds or under any other provision of this
resolution.
As used in this Section 7, "Owner" or "Bondowner" means, in respect of a Bond, the
registered owner or owners thereof appearing in the bond register maintained by the
Registrar or any "Beneficial Owner" (as hereinafter defined) thereof, if such Beneficial Owner
provides to the Registrar evidence of such beneficial ownership in form and substance
reasonably satisfactory to the Registrar. As used herein, "Beneficial Owner" means, in
respect of a Bond, any person or entity which (i) has the power, directly or indirectly, to vote
or consent with respect to, or to dispose of ownership of, such Bond (including persons or
entities holding Bonds through nominees, depositories or other intermediaries), or (b) is
treated as the owner of the Bond for federal income tax purposes. As used herein,
"Outstanding" means when used with reference to Bonds means all Bonds which have been
issued and authenticated by the Registrar except (i) Bonds which have been paid in full (ii)
Bonds which have been cancelled by the Registrar or surrendered to the Registrar for
cancellation and (iii) Bonds which have been discharged as provided in Section 5 hereof.
Information To Be Disclosed. The City will provide, in the manner set forth
in subsection (c) hereof, either directly or indirectly through an agent designated by the City,
the following information at the following times:
on or before 365 days after the end of each fiscal year of the City,
I
(b)
(1 1
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MinuteslEdina Citv CouncillJulv 15.1996
commencing with the fiscal year ending December 31,1996, the following financial information
and operating data in respect of the City (the "Disclosure Information"):
(A) the audited financial statements of the City for such fiscal year,
prepared in accordance with generally accepted accounting principles promulgated
by the Financial Accounting Standards Board as modified in accordance with the
governmental accounting standards promulgated by the Governmental Accounting
Standards Board or as otherwise provided under Minnesota law, as in effect from
time to time, or, if and to the extent such financial statements have not been
prepared in accordance with such generally accepted accounting principles for
reasons beyond the reasonable control of the City, noting the discrepancies
therefrom and the effect thereof, and certified as to accuracy and completeness in
all material respects by the fiscal officer of the City; and
(B) To the extent not included in the financial statements referred to in
paragraph (A) hereof, the information for such fiscal year or for the period most
recently available of the type set forth below, which information may be unaudited,
but is to be certified as to accuracy and completeness in all material respects by
the fiscal officer of the City, to the best of his or her knowledge, which certification
may be based on the reliability of information obtained from governmental or other
third party sources:
Most recent population estimate; City Property Values; City
Indebtedness; City Tax Rates; Levies and Collections; and Current
General Fund Budget.
Notwithstanding the foregoing paragraph, if the audited financial statements are
not available by the date specified, the City shall provide on or before such date unaudited
financial statements in the format required for the audited financial statements as part of the
Disclosure Information and, within 10 days after the receipt thereof, the City shall provide the
audited financial statements.
Any or all of the Disclosure Information may be incorporated by reference, if it is
updated as required hereby, from other documents, including official statements, which have
been submitted to each of the repositories hereinafter referred to under subsection (b) or the
SEC. If the document incorporated by reference is a final official statement, it must be
available from the Municipal Securities Rulemaking Board. The City shall clearly identify in
the Disclosure Information each document so incorporated by reference.
If any part of the Disclosure Information can no longer be generated because the
operations of the City have materially changed or been discontinued, such Disclosure
Information need no longer be provided if the City includes in the Disclosure Information a
statement to such effect; provided, however, if such operations have been replaced by other
City operations in respect of which data is not included in the Disclosure Information and the
City determines that certain specified data regarding such replacement operations would be
a Material Fact (as defined in paragraph (2) of this subsection (b)), then, from and after such
determination, the Disclosure Information shall include such additional specified data
regarding the replacement operations.
If the Disclosure Information is changed or this Section 7 is amended as permitted
by this paragraph (I) or subsection (d), then the City shall include in the next Disclosure
Information to be delivered hereunder, to the extent necessary, an explanation of the reasons
for the amendment and the effect of any change in the type of financial information or
operating data provided.
In a timely manner, notice of the occurrence of any of the following events
which is a Material Fact (as hereinafter defined):
Principal and interest payment delinquencies;
(2)
(A)
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MinuteslEdina Citv CouncillJulv 15. 4996
(B) Non-payment related defaults;
(C)
(D)
(E)
(F)
(G)
(H) Bond calls;
(i) Defeasances;
(J) Release, substitution, or sale of property securing repayment of the
(K) Rating changes.
As used herein, a "Material Fact" is a fact as to which a substantial likelihood exists
that a reasonably prudent investor would attach importance thereto in deciding to buy, hold
or sell a Bond or, if not disclosed, would significantly alter the total information otherwise
available to an investor from the Official Statement, information disclosed hereunder or
information generally available to the public. Notwithstanding the foregoing sentence, a
"Material Fact" is also an event that would be deemed "material" for purposes of the
purchase, holding or sale of a Bond within the meaning of applicable federal securities laws,
as interpreted at the time of discovery of the occurrence of the event.
(3) In a timely manner, notice of the occurrence of any of the following events or
conditions:
(A) the failure of the City to provide the Disclosure Information required under
paragraph (I) of this subsection (b) at the time specified thereunder;
(B) the amendment or supplementing of this Section 7 pursuant to subsection
(d), together with a copy of such amendment or supplement and any
explanation provided by the City under paragraph (2) of subsection (d);
the termination of the obligations of the City under this Section 7 pursuant to
subsection (d);
any change in the accounting principles pursuant to which the financial
statements constituting a portion of the Disclosure Information are prepared;
and
any change in the fiscal year of the City.
Manner of Disclosure. The City agrees to make available the information
described in subsection (b) to the following entities by telecopy, overnight delivery, mail or
other means, as appropriate:
the information described in paragraph (1) of subsection (b), to each then
nationally recognized municipal securities information repository under the Rule and to any
state information depository then designated or operated by the State of Minnesota as
contemplated by the Rule (the "State Depository"), if any;
the information described in paragraphs (2) and (3) of subsection (b), to the
Municipal Securities Rulemaking Board and to the State Depository, if any; and
the information described in subsection (b), to any rating agency then
maintaining a rating of the Bonds and, at the expense of such Bondowner, to any Bondowner
who requests in writing such information, at the time of transmission under paragraphs (I)
or (2) of this subsection (c), as the case may be, or, if such information is transmitted with a
subsequent time of release, at the time such information is to be released.
I Unscheduled draws on debt service reserves reflecting financial difficulties;
Unscheduled draws on credit enhancements reflecting financial difficulties;
Substitution of credit or liquidity providers, or their failure to perform;
Adverse tax opinions or events affecting the tax-exempt status of the
security;
Modifications to rights of security holders;
securities; and
I
(C)
(D)
(E)
(c)
(I)
(2)
(3)
I (d) Term: Amendments: Interpretation.
(I) The covenants of the City in this Section 7 shall remain in effect so long as
any Bonds are Outstanding. Notwithstanding the preceding sentence, however, the
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MinuteslEdina Citv CouncillJulv 15.1996
obligations of the City under this Section 7 shall terminate and be without further effect as
of any date on which the City delivers to the Registrar an opinion of Bond Counsel to the
effect that, because of legislative action or final judicial or administrative actions or
proceedings, the failure of the City to comply with the requirements of this Section 7 will not
cause participating underwriters in the primary offering of the Bonds to be in violation of the
Rule or other applicable requirements of the Securities Exchange Act of 1934, as amended,
or any statutes or laws successory thereto or amendatory thereof.
This Section 7 (and the form and requirements of the Disclosure Information)
may be amended or supplemented by the City from time to time, without notice to (except as
provided in paragraph (3) of subsection (b)) or the consent of the Owners of any Bonds, by
a resolution of this Council filed in the office of the recording officer of the City accompanied
by an opinion of Bond Counsel, who may rely on certificates of the City and others and the
opinion may be subject to customary qualifications, to the effect that: (i) such amendment or
supplement (a) is made in connection with a change in circumstances that arises from a
change in law or regulation or a change in the identity, nature or status of the City or the type
of operations conducted by the City, or (b) is required by, or better complies with, the
provisions of paragraph (b) (5) of the Rule; (ii) this Section 7 as so amended or supplemented
would have complied with the requirements of paragraph (b) (5) of the Rule at the time of the
primary offering of the Bonds, giving effect to any change in circumstances applicable under
clause (I)(a) and assuming that the Rule as in effect and interpreted at the time of the
amendment or supplement was in effect at the time of the primary offering; and (iii) such
amendment or supplement does not materially impair the interests of the Bondowners under
the Rule.
If the Disclosure Information is so amended, the City agrees to provide,
contemporaneously with the effectiveness of such amendment, an explanation of the reasons
for the amendment and the effect, if any, of the change in the type of financial information or
operating data being provided hereunder.
This Section 7 is entered into to comply with the continuing disclosure
provisions of the Rule and should be construed so as to satisfy the requirements of
paragraph (b)(5) of the Rule.
Section 8. Severability. If any section, paragraph or provision of this resolution shall
be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of
such section, paragraph or provision shall not affect any of the remaining provisions of this
resolution.
Section 9. Headinas. Headings in this resolution are included for convenience of
reference only and are not a part hereof, and shall not limit or define the meaning of any
provision hereof.
(2)
(3)
Adopted by the City Council of the City of Edina thi
I Y ATTEST: Mayor
City Clerk
Member Kelly seconded the motion.
Rollcall:
Ayes: Kelly, Paulus, Smith, Richards
Resolution adopted.
TRAFFIC SAFETY REPORT OF JULY 2.1996 APPROVED Traffic Safety Coordinator Swanson
explained the July 2, 1996, regular Traffic Safety staff review included one special item. He
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MinuteslEdina City CouncillJulv 15.1996
recommended the Council adopt separate motions for the staff review and the special item regarding
changes to traffic control signage in the Country Club-area.
Member Kelly made a motion approving the following actions as recommended in Section A
of the Traffic Safety Staff Report of July 2,1996:
I. Installation of a 30 MPH sign and a universal pedestrian sign for westbound traffic
on Valley View Road in the area of Westridge Boulevard;
2. Removal of “STOP” signs on Parkwood Road at Larada Lane and the installation of
“STOP” signs at Knoll Drive to control Parkwood Road traffic;
and to approve Section B and C. Member Smith seconded the motion.
Ayes: Kelly, Paulus, Smith, Richards
Motion carried.
Traffic Safety Coordinator Swanson reported during the early 1990’s, concern grew over traffic
patterns and traffic safety in the Country Club area. SRF Consulting Group was commissioned to
work with area residents and the City to develop a traffic control plan addressing these concerns.
Goals judging the worth of each alternative were established as follows:
The plan must reduce “unwarranted through traffic without increasing traffic on any
individual street beyond today’s volumes. (Ideally a reduction in volumes would be
appreciated over today’s conditions.)
The plan must improve traffic control at the triangular intersections in a logical manner and
not significantly alter the historic character of the neighborhood.
The plan must improve pedestrian safety and mobility.
The plan should reduce the incidence of speeding.
The plan should maintain a reasonable degree of access in and out of the neighborhood.
City-wide concerns must be addressed including:
a. The plan must be a reasonable response to a situation unique to this neighborhood
and not set a negative precedent.
b. The plan must be enforceable with reasonable levels of effort by the Police
Department.
c. The plan must be low cost and be flexible enough to be modified if necessary.
d. Some vehicles should not be unreasonably affected: school buses, service vehicles
and emergency vehicles.
e. The plan should not unduly affect the mobility of other Edina residents
f. The plan should address traffic impacts on the arterial street system and on
adjacent neighborhood street systems.
The plan should either resolve the Browndale Bridge traffic control issue or be adaptable
to viable options for the bridge.
The plan must make improvements to the 50th & France route, both to attract traffic back
to that route and accommodate any increase in traffic on those roadways.
The existing traffic operations problems at Edgebrook and Browndale Road should be
addressed. The problems include sight distance and the movements of children entering
the school bus.
In 1993 a plan was adopted with signage and reconstruction completed that fall. The first collection
of follow-up data and subsequent evaluation occurred between spring 1994 and fall of 1995. The
initial findings indicated a number of the plan’s objectives were being met. Recently, two
neighborhood petitions from Bruce Avenue and Arden Avenue were received by the City. These
petitions called for changes to the implemented plan.
Coordinator Swanson indicated that traffic management, specifically the altering of traffic patterns
I.
2.
3.
4.
5.
6.
7.
8.
9.
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MinuteslEdina City CouncillJulv 15,1996
and reducing volumes is difficult. Simply adding a “STOP sign could modify the route a driver takes.
Any traffic pattern changes must be done judiciously and with the best :data and information available.
The Country Club traffic control plan, in staffs opinion, should collect more data over a longer time
period allowing more comprehensive evaluations.
Staff recommends a moratorium on changes to the Country Club traffic control signage. The area
outlined by West 44th Street to the north, West 50th Street to the south, Browndale Avenue to the
west and Arden Avenue to the east should be clearly defined as the area of study. The moratorium
would expire July I, 1997, at which time final evaluations could be made.
Petitions with signatures of residents of the 4600 block of Bruce Avenue, the 4600 block of Arden
Avenue, and the 4500 block of Arden Avenue were presented for inclusion in the Council packet.
Resident comment
Rick Krieger, 4627 Bruce Avenue, said the neighborhood has waited three years for action on the
STOP sign request. He disagreed with imposing a moratorium for additional study and wants action
taken now.
Ann Scoggin, 4610 Arden Avenue, believes three years of study should be adequate. If the
moratorium were adopted, nothing would be done until 1998. This should be a neighborhood solution
and should not pit street against street in order to redistribute traffic.
Anne Nightingale, 461 I Arden Avenue, stated traffic volumes have been increasing. She believes
the whole neighborhood should be involved and not be asked to wait again. Ms. Nightingale
emphasized something must be done now.
Corky Weber, 4603 Arden, suggested creating ‘dead-end’ streets of Sunnyside and Arden ‘ thereby
alleviating traffic volume and speed control concerns.
Member Kelly explained STOP signs do not assure safety and historically people run them. She
inquired whether the time frame for the study could be speeded up.
I
Member Smith emphasized that to the best of his knowledge, staff responds to concerns of the public
as soon as possible.
Member Paulus said the problem is residents want traffic kept out of the Country Club area
altogether. She pointed out that everyone owns the Country Club area streets. She reminded Council
and the audience that MnDOT’s goal to alleviate congestion on the highways is to dump traffic onto
city streets.
Mayor Richards believes sampling traffic in October is the appropriate time because many area
residents take summer vacations. He further charged staff to expedite the study and analysis and
to bring back the Traffic Safety Committee results as soon as possible.
Member Paulus made a motion to reinstate the neighborhood study group formed in 1993, or
appoint a new study group for a six month period. Member Kelly seconded the motion.
Mayor Richards stated it has already been established that the Country Club area has 900 traffic trips
per day. Reinstating the neighborhood committee would only be time-consuming nothing will change.
He encouraged the residents of the neighborhood to participate in the on-going study process.
I
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MinuteslEdina City CouncilNulv 15.1996
Members Paulus and Kelly withdrew the motion.
No further action was taken.
PUBLIC HEARING HELD ON BEARD AVENUE BRIDGE Affidavits of Notice were presented,
approved and ordered placed on file.
Presentation bv Enaineer
Engineer Hoffman informed Council the public hearing was a result of a citizen request to not replace
the Beard Avenue pedestrian bridge across Minnehaha Creek. Staff sent out 240 letters to neighbors
concerning the issue. The bridge is proposed to be replaced with a new structure spanning the full
creek without the current pier in the creek supporting its span. Preliminary estimate to provide new
footings, the bridge and stairways are approximately $22,000. The project would be funded by the park
bond issue funds.
Engineer Hoffman presented a graphic showing responses by address for and against the bridge’s
replacement. As of Friday, the Engineering Department received two responses from persons who did
not want the bridge and 36 responses in favor of replacing the bridge. In addition, correspondence was
received supporting the replacement of the bridge and petitions containing signatures from 23 Edina
residences.
Public Comment
Trish Erickson, 3613 West 55th Street, stated she supports keeping the bridge. The bridge is the safest
and fastest access to Chowen and York Park. Ms. Erickson informed Council 26 children reside on
West 55th Street.
Prebene Mosborg, 3332 West 55th Street, stated he lives right next to the foot bridge. He expressed
concern with the erosion on the slope and the steps leading to the creek.
Bob Kuhlman, 5509 Beard Court, agreed with the need for the bridge, but is concerned with the
potential design.
Karen Platt, 5504 Beard Avenue South, stated the bridge is a joy. However, Ms. Platt voiced concern
with safety, graffiti, loitering. She urged a greater police awareness of the location especially between
1O:OO p.m. and midnight.
James Platt, 3328 West 55th Street, showed nine slides depicting the Beard Avenue Bridge from
various vantage points. Mr. Platt urged Council consider removal of the bridge and no replacement.
Russell Alberg, 3310 West 55th Street, stated he lives three doors east of the bridge. Mr. Alberg
commented there are many problems with the bridge that should bear on the final design. He added
there has been a problem with loitering and vandalism.
Arnold Henkel, 5413 Abbot Place, urged Council to keep the bridge. Mr. Henkel noted many persons
use the bridge daily and want to see it maintained.
Council Discussion/Action
Member Paulus moved the Beard Avenue bridge over Minnehaha Creek be maintained and the
City Engineering Department proceed with work on the replacement. Member Kelly seconded the
I
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MinuteslEdina City CounciVJulv 15.1996
motion. I Motion carried.
Ayes: Kelly, Paulus, Smith, Richards
Mayor Richards suggested that the Engineering Department inform the neighborhood of the design
when it is ready.
GLENBRAE CIRCLE STATUS Engineer Hoffman reported the property owner at 5300 Glenbrae
Circle is seeking to re-convey the portion of right-of-way that previously was vacated. Staff sees no
advantage to the re-conveyance as any lot split would be a replat and require the right-of -way to be
re-conveyed at the time it is developed.
Engineer Hoffman indicated the property owner at 5300 Glenbrae Circle was not in attendance. No
further action was taken.
"RESOLUTION SETTING HEARING DATE OF AUGUST 19.1996. FOR STREET IMPROVEMENT
WEST 66TH STREET FROM SOUTHDALE ROAD TO HIGHWAY 100) Motion made by Member
Paulus and seconded by Member Kelly adopting the following resolution:
RESOLUTION CALLING HEARING FOR IMPROVEMENT
BE IT RESOLVED by the City Council of Edina, Minnesota that August 19, 1996, is hereby
set as hearing date for Permanent Street Reconstruction Improvement BA-308 West 66th
Street from Southdale Road to Highway 100.
Passed and adopted this 15th day of July.
Motion carried on rollcall vote - four ayes.
RECOMMENDATION FOR APPOINTMENT GIVEN TO NINE-MILE CREEK WATERSHED
DISTRICT Mayor Richards informed Council a letter had been received from Robert Kojetin
requesting Council's endorsement of his appointment to serve on the Nine-Mile Creek Watershed
Board as a Manager.
Member Kelly introduced the following resolution and moved its adoption endorsing the
appointment of Robert Kojetin to the Board of Managers of the Nine-Mile Creek Watershed
District:
RESOLUTION
WHEREAS, a vacancy exists on the Nine-Mile Creek Watershed District Board of Managers.
BE IT RESOLVED, by the City Council of the City of Edina, Minnesota, that it hereby
recommends and nominates Robert Kojetin to the Hennepin County Board of Commissioners
for appointment to the Nine-Mile Creek Watershed District Board of Managers and urges the
Commissioners to approve the appointment.
Member Smith seconded the motion.
Passed this 15th day of July, 1996.
Ayes: Kelly, Paulus, Smith, Richards
Resolution adopted.
HUMAN RELATIONS COMMISSION VACANCIES NOTED Mayor Richards indicated he received
a memorandum from Nancy Atchison of the Human Relations Commission informing Council two
persons have expressed an interest in filling the vacancies on the Human Relations Commission. He
asked that additional names be submitted to him as soon as possible of parties interested in serving
on the Commission. Mayor Richards suggested the vacancies be filled at the August 5, 1996, regular
Council meeting.
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MinuteslEdina City CouncilNulv 15.1996
'1-494 PRIORITIES RECOMMENDED TO MINNESOTA DEPARTMENT OF TRANSPORTATION
Motion made by Member Paulus and seconded by Member Kelly acknowledging a list of 1-494
interim improvement priorities adjacent to 1-494 in Edina, as recommended to the Minnesota
Department of Transportation by the 1-494 Project Management Team. I
Motion carried on rollcall vote - four ayes.
RESOLUTION APPROVING METROPOLITAN LIVABLE COMMUNITIES ACT - STEP 2 Planner
Larsen explained that Step 2 of Metropolitan Livable Communities Act, requires submission to the
Metropolitan Council, a Housing Action Plan approved by the City Council. Step I was the Housing
Goals Agreement previously approved by the Council October 16, 1995.
Member Kelly introduced the following resolution and moved its approval and submission to
the Metropolitan Council:
RESOLUTION ESTABLISHING A
HOUSING ACTION PLAN FOR THE
LOCAL HOUSING INCENTIVES ACCOUNT PROGRAM
UNDER THE METROPOLITAN LIVABLE COMMUNITIES ACT
WHEREAS, the Metropolitan Livable Communities Act (1995 Minnesota Laws Chapter 255)
establishes a Metropolitan Livable Communities Fund which is intended to address housing
and other development issues facing the metropolitan area defined by Minnesota Statutes
section 473.121; and
WHEREAS, the Metropolitan Livable Communities Fund, comprising the Tax Base
Revitalization Account, the livable Communities Demonstration Account and the Local
Housing Incentives account, is intended to provide certain funding and other assistance to
metropolitan area municipalities; and
WHEREAS, a metropolitan area municipality is not eligible to receive grants or loans under
the Metropolitan Livable Communities Fund or eligible to receive certain polluted sites
cleanup funding from the Minnesota Department of Trade and Economic Development unless
the municipality is participating in the Local Housing Incentives Account Program under
Minnesota Statutes section 473.254; and
WHEREAS, the Metropolitan Livable Communities Act requires the Metropolitan Council
to negotiate with each municipality to establish affordable and life-cycle housing goals for
that municipality that are consistent with and promote the policies of the Metropolitan Council
as provided in the adopted Metropolitan Development Guide; and
WHEREAS, by June 30,1996, each municipality must identify to the Metropolitan Council
the actions the municipality plans to take to meet the established housing goals; and
WHEREAS, for calendar year 1996, a metropolitan area municipality can participate under
Minnesota Statutes section 473.254 only if: a) the municipality elects to participate in the
Local Housing Incentives Account Program by November 15, 1995; b) the Metropolitan
Council and the municipality successfully negotiate affordable and life-cycle housing goals
for the municipality; and c) by January 15, 1996, the Metropolitan Council adopts by
resolution the negotiated affordable and life-cycle housing goals for each municipality; and
WHEREAS, the City of Edina elected to participate in Local Housing Incentives Account
Program by a council resolution enacted October 16,1995.
NOW, THEREFORE, BE IT RESOLVED THAT the City of Edina hereby approves and adopts
the City of Edina Housing Action Plan as presented at the July 15,1996 regular City Council
meeting.
Passes and adopted by the City Council of the City of Edina, this 15th day of July, 1996.
Motion seconded by Member Paulus.
Ayes: Kelly, Paulus, Smith, Richards I
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, ._ ' MinutedEdina Citv CouncillJulv 15.1996
Resolution adopted.
LEAGUE OF MINNESOTA CITIES RIGHTS-OF-WAY Manager Rosland informed Council a letter
dated July 2,1996, was received from the League of Minnesota Cities explaining USWest's challenge
to local management of public rights-of-way. At the Annual Conference, member cities supported the
League Board of Directors decision to move forward with an aggressive work program and financing
plan to counter the challenge. The League is requesting a special payment to this fund to implement
this work plan. The plan, developed by the Rights-of-way Task Force and approved by the Board
could cost $325,000 or more. This assumes a large portion of the plan would be coordinated by and
implemented through League staff. The Board has agreed to allocate $125,000 from the current
League budget for the plan and asked member cities to voluntarily pay $200,000. Based upon
Edina's 1995-96 League dues, the suggested payment would be $2,195.00.
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After a brief discussion, Member Kelly made a motion to support the Rights-of-way Task Force
countering the challenge of USWest regarding public rights-of-way with the suggested
minimum payment being negotiable. Motion died for lack of a second.
Member Smith made a motion supporting the Rights-of-way Task Force with the suggested
amount of $2,195.00 contingent upon the other member cities voluntary payment to the
League of Minnesota Cities and recommended in the future LMC be responsible for
involvement in issues that are non-budgeted. Member Kelly seconded the motion.
Rollcall:
Ayes: Kelly, Smith
Nays: Paulus, Richards
Motion failed.
CLAIMS PAID Member Smith made a motion to approve payment of the following claims as
shown in detail on the Check Register dated July 11, 1996, and consisting of 34 pages:
General Fund $203,189.12; C.D.B.G. $35.00; Communications $29,135.66; Working Capital
$12,420.59; Art Center $4,773.39; Swimming Pool Fund $13,427.06; Golf Course Fund
$60,694.52; Ice Arena Fund $1 5,888.57; Gun Range Fund $21.82; Edinborough/Centennial
Lakes $19,891.46; Utility Fund $162,198.88; Storm Sewer Utility Fund $7,188.83; Liquor
Dispensary Fund $1 52,709.40; Construction Fund $1 5,824.13; TOTAL $697,398.43; and for
confirmation of payment of the following claims as shown in detail on the Check Register
dated July 11,1996, and consisting of 2 pages: General Fund; $289,314.09; Golf Course Fund
$23.30; Liquor Dispensary Fund $41,299.41 ; TOTAL $330,636.80. Member Kelly seconded the
motion.
Rollcall:
Ayes: Kelly, Paulus, Smith, Richards
Motion carried.
There being no further business on the Council Agenda, Mayor Richards declared the meeting
adjourned at 1O:lO P.M.
/ 6? City Clerk
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