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88-77 e e - --,~ ..J . . " .....' CERTIFICATION OF MINUTES RELATING TO INDUSTRIAL DEVELOPMENT REVENUE BONDS Issuer: City of Chanhassen, Minnesota Governing Body: City Council Kind, date, time and place of meeting: A regular meeting, held on July 25, 1988, at 7:30 o'clock .,!>.M., at the City Hall. Members present: Mayor Hamilton, Councilmen Boyt, Johnson, Horn and Geving Members absent: None Documents Attached: Minutes of said meeting (pages): /..2.. RESOLUTION NO. 88-77 RESOLUTION RELATING TO A PROJECT ON BEHALF OF LYMAN LUMBER COMPANY UNDER THE MUNICIPAL INDUSTRIAL DEVELOPMENT ACT; CALLING FOR A PUBLIC HEARING THEREON I, the undersigned, being the duly qualified and acting recording officer of the public corporation issuing the obligations referred to in the title of this certificate, certify that the documents attached hereto, as described above, have been carefully compared with the original records of the corporation in my legal custody, from which they have been transcribed; that the documents are a correct and complete transcript of the minutes of a meeting of the governing body of the corporation, and correct and complete copies of all resolutions and other actions taken and of all documents approved by the governing body at the meeting, insofar as they relate to the obligations; and that the meeting was duly held by the governing body at the time and place and was attended throughout by the members indicated above, pursuant to call and notice of such meeting given as required by law. WITNESS my hand officially as such recording officer and the sea 1 of the Ci ty thi s 26th day of July 1988. flsi9nQq':P (SEAL) Don Ashworth, -City Manager Name and Title e e e ... .~. Councilmember Horn introduced the following resolution and moved its adoption: RESOLUTION NO. 88-77 RESOLUTION RELATING TO A PROJECT UNDER THE MUNICIPAL INDUSTRIAL DEVELOPMENT ACT; CALLING FOR A PUBLIC HEARING THEREON BE IT RESOLVED by the City Council of the City of Chanhassen, Minnesota (the Municipality), as follows: SECTION 1 Recitals 1.1. Lyman Lumber Company a Minnesota corporation (the Borrower), has advised this Council of its desire to construct and equip an approximately 30,240 square foot addition (the Addition) to its existing facility located at 18900 West 78th Street in the Municipality. The initial owner and user of the Addition will be the Borrower. The Addition is to be used principally for prefinishing and assembly of building products and related storage. The construction and equipping of the Addition is herein referred to as the "Project". 1.2. The Municipality is authorized by Minnesota Statutes, 469.152 to 469.165, as amended (the Act), to issue its revenue bonds to finance capital projects consisting of properties used and useful in connection with a revenue-producing enterprise. The Borrower has requested the Municipality issue its revenue bonds under the Act in an aggregate total amount not to exceed $1,000,000 (the Bonds) to finance a portion or all of the cost of the Project. -2- e e e ..~ SECTION 2 Public Hearing 2.1. Section 469.154, Subdivision 4 of the Act requires that prior to submission of an Application to the Minnesota Department of Trade and Economic Development requesting approval of the Project as required by Section 469.154, Subdivision 3 of the Act, this Council conduct a public hearing on the proposal to undertake and finance the Project. Section 147(f) of the Internal Revenue Code of 1986, as amended, and regulations promulgated thereunder, requires that prior to the issuance of the Bonds,'this Council approve the Bonds and the Project, after conducting a public hearing thereon. A public hearing on the proposal to undertake and finance the Project through the issuance of the Bonds is hereby called and shall be held on August 22, 1988, at 139 o'clock P.M., at the City Hall. 2.2. The City Manager shall cause notice of the public hearing to be published in Cllver Co. Herald ,the official newspaper of the Municipality and a newspaper of general circulation in the Municipality, at least once not less than fourteen (14) nor more than thirty (30) days prior to the date fixed for the public hearing. The notice to be published shall be in substantially the following form:. -3- ~..~ .. ' e NOTICE OF PUBLIC HEARING ON A PROPOSED PROJECT AND THE ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BONDS UNDER SECTIONS 469.152 TO 469.165, AS AMENDED CITY OF CHANHASSEN, MINNESOTA e NOTICE IS HEREBY GIVEN that the City Council of the City of Chanhassen, Minnesota (the City), will meet on August 22, 1988, at 7:30 o'clock P.M., at the City Hall, 690 Coulter Drive, in Chanhassen, Minnesota, for the purpose of conducting a public hearing on a proposal that the City issue revenue bonds, in one or more series, under the Municipal Industrial Development Act, Minnesota Statutes, Sections 469.152 to 469.165, in order to finance the cost of a project. The proposed project will consist of the construction and equipping of an approximately 30,240 square foot addition to the existing facility of Lyman Lumber Company, a Minnesota corporation (the Company), located at 18900 West 78th Street in the City. The addition is intended to be used principally for prefinishing and assembly of building products and related storage. The initial owner and operator of the addition will be the Company. The maximum aggregate principal amount of the proposed bond issue is $1,000,000. The bonds will be limited obligations of the City, and the bonds and interest thereon will be payable solely from the revenues pledged to the payment thereof, except that such bonds may be secured by a mortgage and other encumbrance on the project. No holder of any such bonds will ever have the right to compel any exercise of the taxing power of the City to pay the bonds or the interest thereon, nor to enforce payment against any property of the City except moneys payable by the Company to the City and pledged to the payment of the bonds. A draft copy of the proposed Application to the Minnesota Department of Trade and Economic Development for approval of the project, together with draft copies of all attachments and exhibits thereto, is available for public inspection at the office of the City Manager between the hours of 8:00 A.M. and 4:30 P.M., on normal business days. All persons interested may appear and be heard at the time and place set forth above, or may file written comments with the City Manager prior to the date of the hearing set forth above. Dated: July 25, 1988. BY ORDER OF THE CITY COUNCIL e By slDon Ashworth City Manager (Publish in the Carver County Herald on August 4, 1988) -4- e e e . . "'A ... 2.3. A draft copy of the proposed Application to the Minnesota Department of Trade and Economic Development, together with draft copies of all attachments and exhibits thereto, are hereby ordered placed on file with the City Manager and shall be available for public inspection, following publication of the notice of public hearing, between the hours of 8:00 A.M. and 4:30 P.M., on normal business days. Adopted this 25th day of L Attest: -a~ City Manager . -( SEAL) The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Geving and upon vote being taken thereon, the following voted in favor thereof: Mayor Hamilton, Councilmen Horn, Johnson, Boyt, and Geving. and the following voted against the same: None whereupon the resolution was declared duly passed and adopted. -5- f t ~ 221 '.. .., CHANHASSEN CITY COUNCIL REGULAR MEETING JULY 25, 1988 Mayor Hamilton called the meeting to order. 'Ihe meeting was opened with the Pledge to the Flag. COUNCILMEMBERS PRESENT: Councilman Boyt, Councilman Horn, Councilman Geving and Counci lman Johnson STAFF PRESENT: Roger Knutson, Gary Warren, Barbara Dacy, Jo Ann Olsen, Todd Gerhardt, Lori Sietsema, Larry Brown and Jim Chaffee APPROVAL OF AGENDA: Councilman Johnson moved, Councilman Geving seconded to approve the agenda as amended with the following additions and changes: Councilman Boyt wanted to change item 11 to the first item under New Business and add an item under Council Presentations, the Minnetonka Weed. Councilman Horn wanted to add under Council Presentations discussion on referendums and Mayor Hamil ton wanted to move i tern 9 onto the Consent Agenda as i tern (w). All voted in favor of the agenda as amended and the motion carried. CONSENT AGENDA: Councilman Horn moved, Councilman Geving seconded to approve the following Consent Agenda iterns pursuant to the City Manager's recommendations: a. Resolution #88-77: Set Public Hearing Date, Industrial Developnent Revenue Bond Application, Lyman Lumber. b. CUrry Farms 2nd Addition: 2. Approve RLS for Tracts A, B and C c. Approval of Developnent Contract for Buresh Addition. d. Approval of Developnent Contract for Ersbo Addition. e. Approval of Developnent Contract for Audubon West. f. HSZ Developnent: 1. Approval of Developnent Contract 2. Approval of Final Plat 3. Review Final Site Plan g. Ordinance Amendment to Allow State Licensed Day Care Centers as an Accessory Use in the IOP District, Final Reading. h. Replat of Lot 6, Sun Ridge Addition into 2 Lots, Rod Grams. j. Mary Schumacher, 2841 North Manor Road: 1. Preliminary Plat Approval 2. Final Plat Approval ".- 1 . . .. :.:.,,~;.~..t~.#,ji~~~ '_"""- '-'-b,{....i~~ M'",~ ...~?~:,;~~-'!'...~...,""~'_~ JliIl:!tlI'."'lIIIdl#J.. .......~, "....., ~,~ ~.~l.~ JJf(llU.i!J "'g;i~!~~:'-'_"nt'il~"f~ ;'1 "~"'yf{ ~~~ City Council Meeting - July 25, 1988 .. ..~ ..,. e m. Approval of Contract for Recycling Center between R & W Rolloff and Ci ty of Chanhassen. n. Bond Redemption Program, Authorization to call various existing bonds. r o. Resolution #88-78: Approval of Plans and Specifications and Authorize the Advertising for Bids, City Hall and Fire Station Expansion. u. Approval of Accounts. v. City Council Minutes dated July 11, 1988 Planning Commission Minutes dated July 6, 1988 and July 13, 1988 Park and Recreation Comnission Minutes dated July 12, 1988 Public Safety Commission Minutes dated June 23, 1988 All voted in favor and the motion carried. leI) SUBDIVISION OF 1.66 ACRES INTO 2 SINGLE FAMILY LOTS, 3605 RED CEDAR POINT ROAD, GEORGE WAY, JR. Councilman Johnson: I wanted to know if the applicant, Mr. George Way, Jr., is familiar with the changes that have occurred since, in our packet it sounds like there's been some changes. I just want to make sure since it's on the Consent Agenda that it's not going to be discussed. That he's familiar and doesn't have a problem. Give him a chance to speak if he does. I see somebody shaking his head back there. L e Councilman Johnson moved, Mayor Hamilton seconded to approve SurxHvision #88-11 per the recorrmendation of the City Manager. All voted in favor am the motion carried. l(K) ORDINANCE AUTHORIZING NON-LICENSED PERSONNEL TO ISSUE CITATIONS, FIRST AND FINAL READING. Councilman Horn: I take this out as another item that I would like to see a public hearing on it. 'I think that what we're talking about here, unless I've misunderstood what's happening. What our unmarked type of cars are really authorized to do and I'd like to have some clarification of that and a public hearing on that so that our citizens are aware of what our City patrol cars are allowed. ,,". , Mayor Hamil ton: I thi. nk that's a good idea. Jim, do you have any problem wi th that? Jim Chaffee: No. Councilman Horn moved, Councilman Johnson seconded to table action on the Ordinance Authorizing Non-Licensed Personnel to Issue Citations until a Public Hearing has been held. All voted in favor and the motion carried. e -",.- ~. .. -- : ~ ~ 2 '. ".~"""_;!l',.,...,.;. '1 ~ .. III ij'#r . .,~.' ''"~1I1'' ~'-'f'flW-'- .,~~~~~..,.~;"'~gd',_;"~ .&>" '" ....:.. ...".>..,. "......'-:.....~L:5'"~&".tdf.;...;:~~;....;.;."."'-'"i..... . . ~,-