HomeMy WebLinkAbout19960916_regularMINUTES
OF THE REGULAR MEETING OF THE
EDINA CITY COUNCIL HELD AT CITY HALL
SEPTEMBER 16, 1996 - 7:OO P.M.
ROLLCALL Answering rollcall were Members Kelly, Maetzold, Paulus, Smith and Mayor Richards.
CONSENT AGENDA ITEMS APPROVED Motion made by Member Smith and seconded by
Member Kelly adopting the Council Consent Agenda as presented with the exception of items
111. G, Automated Underground Irrigation System, Countryside Park, 111. H, Automated
Underground Irrigation System, Braemar Park and 111. I, Automated Underground Irrigation
‘ System, Garden Park.
Rollcall:
Ayes: Kelly, Maetzold, Paulus, Smith, Richards
Motion carried.
RECOGNITION GIVEN TO RESIDENT Chief Bernhjelm presented Robert Teese, 6304 Red Fox
Lane, with a plaque recognizing his effective use of CPR that saved the life of IO-year-old Taylor
Lyles, who was visiting relatives in the townhouse complex. Mr. Teese noticed the child floating
motionlessly in the complex’s pool just below the surface of the water and performed CPR, saving
the child’s life. The Police and Fire Departments wished to recognize Mr. Teese contribution to safety
in the City.
*MINUTES OF THE REGULAR MEETING OF SEPTEMBER 3.1996. APPROVED Motion made
by Member Smith and seconded by Member Kelly approving the Minutes of the Regular
Meeting of September 3,1996.
Motion carried on rollcall vote - five ayes.
BOY SCOUT TROOP 62 INTRODUCED Mayor Richards introduced Boy Scout Troop 62 from St.
Stephens Church who are working on their Citizenship Merit Badges. He welcomed them and their
Troop Leaders and encouraged them to continue their interest in local government.
PUBLIC HEARING HELD: ORDINANCE 1996-3 ADOPTED AMENDING ZONING ORDINANCE
ALLOWING FUNERAL HOMES AS A CONDITIONAL USE IN PLANNED OFFICE DISTRICT AND
GRANTING A CONDITIONAL USE TO WATERSTON FUNERAL HOMES (7110 FRANCE
AVENUE SOUTH) Affidavits of Notice were presented, approved and ordered placed on file.
Presentation bv Planner
Planner Larsen informed Council the Zoning Ordinance allows funeral homes in the PCD-2 & 3
commercial districts. Edina’s Zoning Ordinance does not allow funeral homes in the office district.
The proposed Ordinance amendment would make funeral homes a Conditional Use in the office
district without changing the underlying zoning.
If approved, the amendment would allow the proponent, Waterston Funeral Homes to use 71 IO
France Avenue as a funeral home. The subject property is 44,400 square feet in area and developed
with a one story office building of 9,200 square feet. The site contains 39 parking spaces. Edina’s
code requires 46 spaces for office use. The proponents have indicated their intent to upgrade the
property, leaving the exterior essentially as it is today.
Planner Larsen concluded that the subject property and other small office buildings along France
Avenue have been problematic from a use and parking viewpoint. Staff believes the proposed use
as a funeral home seems reasonable. The property would not be active daily and would not
contribute to peak hour traffic on France Avenue. Planner Larsen stated the Planning Commission
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MinuteslEdina Citv CouncillSeDtember 16.1996
has reviewed the request and recommended the Council take two actions: first, to approve the
ordinance amendment and secondly, to grant the conditional use Waterston Funeral Homes. Planner
Larsen continued that staff has published and mailed the necessary legal notices allowing the
Council to take action on the conditional use request.
Member Maetzold expressed concern with a funeral home operating on France Avenue, having
funeral processions leaving this site onto France and their impact on traffic around France and 66th
Street. Planner Larsen replied that most larger funerals take place from churches. However, smaller
funerals could take place from the site some traffic disruption. He noted funerals usually take place
during non peak traffic hours.
Mark Waterston, 7416 Kellogg, proponent, informed Council that more than 90% of the services
Waterston’s handles do not involve a funeral procession. Most funerals involve a cremation (not done
at the France site) and memorial service. Mr. Waterston added because of the high demand for
cremation/rnemorial services, the France Avenue site would not even have a casket room. Funerals
involving a procession would be small. Mr. Waterston believes there would be minimal disruption of
traffic on France Avenue. Mr. Waterston concluded Waterston’s escort service (run by a Richfield
police officer) estimates any procession from the France Avenue site would tie traffic up for about
one traffic light.
Public Comment
Rick Dorsey, current tenant of 71 10 France Avenue, informed Council office space in the area is
difficult to find. He asked Council to consider the problems this change in use could possibly bring
to the area. Mr. Dorsey added he thinks parking will continue to be a problem if the building is used
as a funeral home.
Member Smith moved adoption of Ordinance No. 1996-2 with a waiver of Second Reading as
follows:
ORDINANCE NO. 1996-2
AMENDING THE ZONING ORDINANCE (850) BY ADDING
FUNERAL HOMES AND MORTUARIES AS CONDITIONAL USES
IN THE PLANNED OFFICE DISTRICT (POD-I)
THE CITY COUNCIL OF THE CITY OF EDINA ORDAINS:
SECTION I. Subsection 850.15 of Section 850 of the Edina City Code is amended by adding
a new Subdivision 3 and renumbering the remaining Subdivisions.
Subd. 3. Conditional Uses in the POD-I district.
A. Funeral Homes and Mortuaries.
This Ordinance shall be in full force and
Mayor
Attest:
City Clbrk 0
Motion for adoption of the ordinance seconded by Member Maetzold.
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MinutedEdina City CouncillSeptember 16, 1996
Rollcall:
Ayes: Kelly, Maetzold, Paulus, Smith, Richards
Ordinance adopted.
Member Smith introduced the following resolution and moved adoption:
RESOLUTION GRANTING CONDITIONAL USE PERMIT
WHEREAS, the procedural requirements of Code Section 850 (the Zoning Ordinance)
have been met; and
WHEREAS, it has been determined that the Findings as required by Code Section No.
850.04 Subd. 4 have been satisfied:
NOW, THEREFORE, BE IT RESOLVED that the Edina City Council hereby grants a
Conditional Use Permit to Waterston Funerals Homes, 71 10 France Avenue for operation as
a funeral home. Member Maetzold seconded the motion.
Rollcall:
Ayes: Kelly, Maetzold, Paulus, Smith and Richards
Resolution adopted.
PUBLIC HEARING HELD: FINAL DEVELOPMENT PLAN APPROVED - BRAEMAR OAKS
APARTMENTS (7150 CAHILL ROAD) DOUG OLSON AND HARVEY HANSON Affidavits of Notice
were presented, approved and ordered placed on file.
Presentation bv Planner
Planner Larsen informed the Council the subject property is zoned PRD-3, Planned Residence
District and is developed with a three story, 110 unit apartment building. The owners are seeking to
create four new efficiency dwelling units on the first floor of the building. On the west wing an
exercise room would be remodeled into two units. The other two units would result from the
conversion of two existing guest rooms. Following the four unit addition, the development would
comply with density, parking and all other code requirements. Planner Larsen concluded the proposal
meets all code requirements, and would utilize unused or under utilized space, providing a unit type
not currently offered at the site. Planning Commission recommends approval of the plan as
presented.
Member Kelly introduced the following resolution and moved its adoption:
RESOLUTION APPROVING FINAL DEVELOPMENT PLAN
FOR BRAEMAR OAKS
BE IT RESOLVED by the City Council at the City of Edina, Minnesota, that the
Final Development plan for Braemar Oaks at 71 50 Cahill Road presented at the regular
meeting of the City Council on September 16,1996, be and is hereby approved.
Member Maetzold seconded the motion.
Rollcall:
Ayes: Kelly, Maetzold, Paulus, Smith and Richards
Resolution adopted.
PUBLIC HEARING HELD: FINAL PLAT APPROVED -THE COVENTRY AT CENTENNIAL LAKES
5TH ADDITION
presented, approved and ordered placed on file.
(CENTENNIAL LAND LIMITED PARTNERSHIP) Affidavits of Notice were
Presentation by Planner
Planner Larsen informed the Council the subject final plat is for a nine-unit building in the north
central portion of the development. This is the sixth building in an eleven building development. The
proposed final plat is consistent with the approved overall development plan. Staff recommended
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MinuteslEdina Citv Council/September 16.1996
approval of the final plat.
Member Paulus introduced the following resolution and moved its approval:
RESOLUTION APPROVING FINAL PLAT
FOR THE COVENTRY AT CENTENNIAL LAKES 5th ADDITION
BE IT RESOLVED by the City Council of the City of Edina, Minnesota, that that certain
plat entitled, “THE COVENTRY AT CENTENNIAL LAKES 5th ADDITION”, platted by Centennial
Land Limited Partnership, a Minnesota limited partnership, an undivided 91.43% interest, and
John W. Hedberg, an undivided 8.57% interest, and the Housing and Redevelopment Authority
of Edina, Minnesota, a public body corporate and politic under the laws of the State of
Minnesota, and presented at the regular meeting of the City Council on September 16,1996,
be and is hereby granted final plat approval. Member Kelly seconded the motion.
Rollcall:
Ayes: Kelly, Paulus, Smith and Richards
Maetzold abstaining
Resolution adopted.
PUBLIC HEARING HELD: FINAL PLAT APPROVED FOR ARROWHEAD POINTE (ARROWHEAD
POINT PARTNERS) Affidavits of Notice were presented, approved and ordered placed on file.
Presentation bv Planner *
Planner Larsen reviewed the preliminary plat approved by Council July 15, 1996, containing eleven
lots with seven conditions. The road has been adjusted as ordered, the plat has been reviewed on
a preliminary basis by the engineer for the watershed district and the plat is scheduled for the
watershed’s September 18, 1996 meeting, the required conservation restriction and no-build
easements are in place. Staff would recommend approval of the final plat conditioned upon
subdivision dedication based on an unimproved land value of $2,000,000 and also upon acquiring
a watershed district grading permit.
Ron Clark, representing the Developers was present to answer any questions regarding the
Arrowhead Pointe development.
Member Smith introduced the following resolution and moved its adoption:
RESOLUTION APPROVING FINAL PLAT
FOR THE ARROWHEAD POINTE ADDITION
BE IT RESOLVED by the City Council of the City of Edina, Minnesota, that that certain
plat entitled, “ARROWHEAD POINTE”, platted by Arrowhead Pointe Partnership, a Minnesota
limited partnership, and presented at the regular meeting of the City Council on September
16,1996, be and is hereby granted final plat approval with two conditions:
Subdivision dedication based upon an unimproved land value of $2,000,000
amounting to $160,000, and
Securing a grading permit from the Watershed District.
I.
2.
Rollcall:
Ayes: Kelly, Maetzold, Paulus, Smith and Richards
Resolution adopted.
,
Member Maetzold seconded the motion.
I *BID AWARDED FOR PUBLIC WORKS DUMP TRUCK BOX Motion made by Member Smith and
seconded by Member Kelly for award of bid for one tandem dump truck box, to J. Craft under
Minnesota State Contract #BO415364 at $29,778.65.
Page 4
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MinuteslEdina City Council/September 16, 1996
Motion carried on rollcall vote - five ayes.
*BID AWARDED FOR 1.6 CUBIC YARD ARTICULATED WHEEL LOADER Motion made by
Member Smith and seconded by Member Kelly for award of bid for 1.6 cubic yard articulated
wheel loader to recommended low bidder RDO Equipment Company at $71,435.25.
Motion carried on rollcall vote - five ayes.
"BID FOR ONE 145 HP SELF-POWERED SNOW BLOWER CONTINUED TO OCTOBER 7.1996
Motion made by Member Smith and seconded by Member Kelly to continue the bid for one
145 HP self-powered snow blower to October 7,1996.
Motion carried on rollcall vote - five ayes.
*BID REJECTED FOR ICE BUSTER ATTACHMENT FOR JOHN DEERE GRADER - EQUIPMENT
TO BE REBID Motion made by Member Smith and seconded by Member Kelly rejecting the
sole bid for an ice buster attachment for John Deere Grader and to authorize rebid.
Motion carried on rollcall vote - five ayes.
*BID AWARDED FOR RE-ROOFING AND MAKE-UP AIR UNITS FOR PUBLIC WORKS BUILDING
Motion made by Member Smith and seconded by Member Kelly for award of bid for the north
half of the Public Works Building roof to recommended low bidder Granite City Roofing, Inc.
at $139,900.00 and for make-up air ventilation units to recommended low bidder, Egan
Mechanical Contractors, Inc. at $24,525.00.
Motion carried on rollcall vote - five ayes.
*BID AWARDED FOR ROOF TOP AIR CONDITIONING UNIT FOR CITY HALL Motion of Member
Smith and seconded by Member Kelly for award of bid for roof top air conditioning unit for
City Hall to recommended low bidder, O'Brien Mechanical Systems at $1 1,273.00.
Motion carried on rollcall vote - five ayes.
BID AWARDED FOR SPRINKLER SYSTEMS FOR COUNTRYSIDE PARK BALL FIELD,
BRAEMAR SOCCER FIELD. AND GARDEN PARK YOUTH SOFTBALL FIELD Member Kelly
asked this bid be removed from the Consent Agenda. She asked 1) why bids for the sprinkling
systems at Countryside Park ball field, Braemar Park soccer field and Garden Park youth softball
field were not bid as one unit, and 2) if these sprinkler systems were part of the park referendum.
Park Director Keprios explained that due to a time constraint the sprinkler systems were bid
individually and all three were part of the park referendum. He further informed the Council the
installation of sprinklers complies with the turf management plan regarding weed control and use of
herbicides.
Motion of Member Kelly and seconded by Member Maetzold for award of bids for sprinkler
system at Countryside Park ball field to recommended low bidder, Green Acres Sprinkler
Company at $9,857.00; sprinkler system for Braemar Soccer Field to recommended low
bidder, Green Acres Sprinkler Company at $10,270.00; and sprinkler system for Garden Park
youth softball field to recommended low bidder Green Acres Sprinkler Company at $5,871.00.
Rollcall:
Ayes: Kelly, Maetzold, Paulus, Smith, Richards
Motion carried.
*BID REJECTED FOR LAKE CORNELIA PARK PLAYGROUND EQUIPMENT Motion of Member
Smith and seconded by Member Kelly to reject bids not meeting specifications for Lake
Cornelia Park playground equipment and to authorize rebid.
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MinuteslEdina City CouncillSeptember 16.1996
Motion carried on rollcall vote - five ayes.
*BID AWARDED FOR RENTAL OF MID-SIZE MILLING SELF-LOADING MACHINE Motion of
Member Smith and seconded by Member Kelly for rental of mid-size milling self-loading
machine to sole bidder, Wirtgen America, Inc. at $7,500.00.
Motion carried on rollcall vote - five ayes.
TRAFFIC SAFETY REPORT OF SEPTEMBER 4.1996. APPROVED Traffic Safety Coordinator
Swanson recommended approval of Section A., Sections B. 1, B. 3, B. 4, B. 5 and Section C.
Coordinator Swanson suggested that Section B. 2, a request for STOP signs on McCauley Trail at
West Trail and Timber Trail, be removed from the Traffic Safety Staff Report due to inadequate
notification of the proponents, and continued until a regular Council meeting in October.
Member Smith made a motion approving the following actions as recommended in Section
A of the Traffic Safety Staff Report of September 4,1996:
Installation of a “ST0P”‘sign controlling Oak Bend Lane traffic entering Blake Road;
Installation of a “NO Outlet” sign on Oak Bend Lane near Blake Road;
Establishing a “Monday through Friday - 8:OO A.M. to 4:OO P.M. one hour parking limit”
on the 61 00 block of Kellogg Avenue;
Installation of four “Universal Pedestrian” signs with a 25 MPH advisory speed at:
0
0
0
0
Installation of “STOP” signs on Malibu Drive to create an all-way stop at its
intersection with Park Terrace;
Installation of a “Reverse Turn” sign and a 15 MPH advisory for mainline traffic on W.
64th Street;
Installation of a warning sign for northbound Blake Road traffic alerting drivers to the
upcoming Oak Bend Lane intersection.
Staff recommends “No Left Turn 8:OO A.M. to 8:30 A.M. School Days” sign be erected
for northbound Antrim Road controlling left turns entering westbound Chapel Drive.
The staff recommends “NO Right Turn 3:lO P.M. to 3:40 P.M. - School Days” sign be
erected for eastbound Valley View Road controlling traffic to southbound Chapel Lane
and “NO Left Turn 3:lO P.M. to 3:40 P.M. School Days” be erected for westbound Valley
View Road controlling traffic to southbound Chapel Lane;
Northbound Cooper Avenue near Orchard Lane
Northbound Cooper Avenue near the intersection with Circle East
Westbound Division Street west of Oxford Avenue
Southbound Cooper Avenue near the intersection of Circle West; I
and to approve Section 6. I, B. 3, B. 4,B. 5, and Section Cy and to continue Section B.2 to a
regular meeting in October. Member Kelly seconded the motion.
Andrew Finsness, 4536 Tower Street, (referring to Section A. 8) suggested rather than restrict turns
in the Antrim Road, Chapel Drive, Valley View Road, Chapel Lane area, congestion at the High
School should be examined. Mayor Richards explained the City has no authority to restrict who can
or cannot drive to school. Mr. Finsness asked if enforcement of the restrictions would be difficult and
time consuming. Mayor Richards explained if the recommendation passes, it would be the
responsibility of the Police Chief and his staff to enforce the Council’s decision. If it becomes difficult,
the policy would need to be revisited by the Council. Mr. Finsness asked if a STOP sign were installed, how long would it take to work. Engineer Hoffman commented a week to ten days is usual. -
Paul Marquardt, 5517 Brookview Avenue, and Drew Archer, 5505 Lakeview Drive, commented with
regard to the Monday through Friday Antrim turn restriction on school days - if residents didn’t know
whether the day was a school day or not, they shouldn’t be driving. They believe residents would
I
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MinutedEdina City CouncillSeptember 16.1996
simply be 'off the hook' if they were stopped by the police on a non-school day.
Ayes: Kelly, Maetzold, Paulus, Smith, Richards
Motion carried.
*RESOLUTION ADOPTED CHANGING PRECINCT 14's POLLING PLACE FROM ST. PETERS
LUTHERAN CHURCH TO EDINA COMMUNITY LUTHERAN CHURCH Motion of Member Smith
and seconded by Member Kelly to adopt the following:
RESOLUTION
BE IT RESOLVED by the City Council of the City of Edina, Minnesota, that the polling place
for Precinct 14 in the City of Edina be changed from St. Peters Church, 5421 France Avenue
to Edina Community Lutheran Church, 4113 West 54th Street, Edina, Minnesota.
Motion carried on rollcall vote - five ayes.
*NEW WlNElBEER LICENSE - LOCANDA. INC. APPROVED Motion of Member Smith and
seconded by Member Kelly approving issuance of an On-sale Wine and 3.2 Beer License to
Locanda, Inc., located at 4924 France Avenue.
Motion carried on rollcall vote - five ayes.
*HEARING DATES SET OF OCTOBER 7.1996. FOR VACATION OF UTILITY AND DRAINAGE
EASEMENT FOR COVENTRY LAKE 2ND ADDITION AND OCTOBER 21.1996. FOR VACATION
OF UTILITY AND DRAINAGE EASEMENT FOR JYLAND DENNIS ADDITION Motion of Member
Smith and seconded by Member Kelly to set hearing dates of October 7,1996, for vacation
of utility and drainage easement for Coventry Lake 2nd Addition and October 21,1996, for
vacation of utility and drainage easement for Jyland Dennis Addition.
Motion carried on rollcall vote - five ayes.
RESOLUTION AUTHORIZING IMPROVEMENT NO. 8-93 - CURB AND GUTTER - 7120 WEST
SHORE AND 4520 DUNHAM DRIVE Engineer Hoffman indicated residents at 7120 West Shore
Drive and 4520 Dunham Drive petitioned for installation of curb and gutter only. Staff attempted to
obtain feasible contract prices but the project is too small to attract normal contract prices. Staff
recommends the City concrete crew complete the work and assess the project at $20.00 per lineal
foot. The two residents concurred and submitted an acceptance letter dated September 16, 1996.
Member Smith introduced the following resolution and moved its adoption:
RESOLUTION
WHEREAS, a petition requesting the installation of curb and gutter, waiving the right
for an improvement hearing has been received from the residents of 7120 West Shore Drive
and 4520 Dunham Drive this 16th day of September, 1996; and
WHEREAS, said petitioners agreed to the assessment of 100% of the curb and gutter
installation costs; and
WHEREAS, the City Engineer has determined that it is feasible to install curb and
gutter at the aforementioned locations using Edina personnel for said installation; and
WHEREAS the City Engineer has prepared plans and specifications for installation of
curb and gutter by Edina personnel at a cost of $20.00 per lineal foot.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF EDINA, MINNESOTA:
I. The Council finds and determines that said petitions were signed by all owners
of the real property abutting upon the location named.
2. The installation of concrete curb and gutter at 7120 West Shore Drive and 4520
Dunham Drive is hereby ordered as proposed.
3. Plans and specifications, a copy of which is on file in the office of the City Clerk
are hereby approved.
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MinuteslEdina City CouncillSeptember 16.1996 1
4.
5.
The City Engineer shall proceed under the direction of the Council to carry on
all work, plans and specifications.
The entire cost of the improvement shall be specially assessed against the
petitioners where said improvement is to be located.
Passed and adopted this 16th day of September, 1996. Member Kelly seconded the motion.
Rollcall:
Ayes: Kelly, Maetzold, Paulus, Smith, Richards
Resolution adopted.
RESOLUTION ADOPTED FOR LEASE PURCHASE FINANCING - YORK AVENUE FlRElEMS
STATION Assistant Manager Hughes reminded the Council on July 18, 1996, the City’s financial
advisors, Springsted, Inc., distributed a Request for Proposal for the fire station lease. At the August
19th Council Meeting, the lease financing was awarded to Firstar Bank of Minnesota. Dorsey Whitney
drafted the Lease Purchase Agreement and Ground Lease which can be found on file in the ofice
of the City Clerk.
.
Member Kelly introduced the following resolution and moved its approval:
RESOLUTION RELATING TO A LEASE-PURCHASE
FINANCING AND AUTHORIZING THE
EXECUTION OF DOCUMENTATION RELATING THERETO
BE IT RESOLVED by the City Council (the Council) of the City of Edina, State of Minnesota
(the City), as follows:
Section I. Authorization.
This Council has previously determined to acquire, construct and equip
a new fire station facility located at 7335 York Avenue South (the Project), such Project to
house a paramedic station and equipment and first-response fire equipment. The land upon
which the Project is to be located is owned by the City. The cost of the Project is expected to
be approximately $650,000. In order to finance such Project costs, this Council hereby finds,
determines and declares that it is necessary and desirable and in the best interests of the City
to enter into a lease- purchase agreement with respect thereto.
I .02 The City has retained Springsted Incorporated (Springsted) as
independent financial advisors in connection with the lease-purchase financing of the Project.
Springsted has solicited on behalf of the City proposals from local financial institutions. The
most favorable of the offers received is from Firstar Bank of Minnesota, N.A. (the Purchaser),
which has proposed to finance the principal amount of $650,000 at an annual interest rate of
5.20%, and on the further terms and conditions as hereinafter set forth. Such offer is hereby
accepted and the lease-purchase financing of the Project is awarded to the Purchaser.
All acts, conditions and things which are required by the Constitution
and laws of the State of Minnesota to be done prior to the execution of the lease-purchase
agreement having been done, existing and having happened, it is necessary for this Council
to establish the terms thereof, to approve the execution of documentation relating thereto and
to direct the execution of the lease-purchase agreement forthwith.
I .Ol I
‘l.03
Section 2.
2.01
Documentation: Execution and Delivery: Terms.
There have been prepared and presented to this Council copies of the
following documents, all of which are now andlor shall be placed on file in the office of the
City Manager:
Ground Lease Agreement dated as of October I, 1996 (the Ground
Lease), by and between the City and the Purchaser; and
Lease-Purchase Agreement dated as of October I, 1969 (the Lease), by
and between the City and the Purchaser.
The forms of such documents are approved, with such variations, insertions and additions
I (a)
(b)
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MinutedEdina Citv CouncillSeptember 16, 1996
as are deemed appropriate by the parties and approved by the City Attorney and bond
counsel.
Upon finalization of the Ground Lease and the Lease and the execution
thereof by the other parties thereto, the Mayor and City Manager shall execute and deliver the
Ground Lease and the Lease on behalf of the City. The Mayor, City Manager and Director of
Finance shall execute on behalf of the City such other contracts, certifications, documents
or instruments as Dorsey 2% Whitney LLP, bond counsel to the City, shall require, and all
certifications, recitals, warranties and representations therein shall constitute the
certifications, recitals, warranties and representations of the City. Execution of any
instrument or document by one or more appropriate officers of the City shall constitute and
shall be deemed conclusive evidence of the approval and authorization by the City and this
Council of the instrument or document so executed.
The City’s payment obligations under the Lease shall be payable in equal
semi-annual installments, due each February I and August I, commencing February I, 1997,
and ending on August 1,2006. The Lease shall be subject to prepayment by the City on
February I 1998, and any payment date thereafter at a price equal to the principal balance
outstanding and interest accrued to the date of prepayment. The City’s obligations under the
Lease shall be subject to termination at the end of each fiscal year of the City in the event that
this Council should determine not to appropriate moneys sufficient for the continued
performance of the Lease by the City, and the full faith and credit and ad valorem taxing
powers of the City shall not be pledged to the payment of the City’s obligations thereunder.
Section 3. Continuina Disclosure.
The Securities and Exchange Commission (the SEC) has promulgated certain
amendments to Rule 15~2-I2 under the Securities Exchange Act of 1934 (17 C.F.R.9240.15~2-
12) (the Rule) that make it unlawful for an underwriter to participate in the primary offering of
municipal securities in a principal amount of $1,000,000 or more unless, before submitting
a bid or entering into a purchase contract for the securities, it has reasonably determined that
the issuer or an obligated person has undertaken in writing for the benefit of the holders to
provide certain disclosure information repositories on a continuing basis or unless and to the
extent the offering is exempt from the requirements of the Rule.
The principal amount of the Lease is less than $1,000,000. The City hereby
represents that it has not issued within the six months before the date of issuance of the
Lease, and that it reasonably expects that it will not issue within six months after the date of
issuance of the Lease, securities of the City of substantially the same security and providing
financing for the same general purpose or purposes as the Lease. Consequently, this Council
hereby finds that the Rule is inapplicable to the Lease, because the aggregate principal
amount of the Lease and any securities required to be integrated with the Lease thereunder
is less than $1,000,000. Therefore, the City will not enter into any undertaking to provide
continuing disclosure of any kind with respect to the Lease.
2.02
2.03
- Section 4. Qualified Tax-ExemDt Obliaation.
The City hereby designates the Lease as “qualified tax-exempt obligation” for
purposes of Section 265(b)(3) of the Internal Revenue Code of 1986, as amended (the Code),
relating to the disallowance of interest expense for financial institutions, and hereby finds that
the reasonably anticipated amount of qualified tax-exempt obligations (within the meaning
of Section 265(b)(3) of the Code) which will be issued by the City and all subordinate entities
during calendar year 1996 does not exceed $10,000,000. Motion seconded by Member Maetzold.
Rollcall:
Ayes: Kelly, Maetzold, Paulus, Smith, Richards
Resolution adopted.
CLAIMS PAID Member Paulus made a motion to approve payment of the following claims as
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MinuteslEdina City CouncillSeptember 16.1996
shown in detail on the Check Register dated September 12,1996, and consisting of 29 pages:
General Fund $31 I ,415.77; C.D.B.G. $35.00; Communications $9,796.85; Working Capital
$133,381.96; Art Center $5,629.64; Swimming Pool Fund $9,253.17; Golf Course Fund
$67,274.86; Ice Arena Fund $30,279.50; Gun Range Fund $4,509.23; Edinboroughl Centennial
Lakes $39,488.84; Utility Fund $274,706.01 ; Storm Sewer Utility Fund $6,267.62; Liquor
Dispensary Fund $1 66,163.49; Construction Fund $372,936.55; Park Bond Fund $87,921 30;
TOTAL $1,519.059.99; and for confirmation of payment of the following claims as shown in
detail on the Check Register dated September 5,1996, and consisting of three pages: General
Fund $174,975.00; Communications $3,085.00; Utility Fund $339.63; Liquor Dispensary Fund
$63,722.66; Park Bond Fund $69.01; TOTAL $242,191.30. Motion seconded by Member Kelly.
Rollcall:
Ayes: Kelly, Maetzold, Paulus, Smith, Richards
Motion carried.
There being no further business on the Council Agenda, Mayor Richards declared the meeting
adjourned at 8:05 P.M.
I @it, Clerk
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