1997 Minutes
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CITY OF DULUTH proceedings of the CITY COUNCIL 1997 OFFICIAL PROCEEDINGS Duluth City Council meeting held on Monday, January 6, 1997, 7:30 p.m. in the Lake Superior Ballroom, Duluth Entertainment Convention Center, Duluth, Minnesota. Roll Call: Present: Councilors Bohlmann, Hales, Hogg, Keenan, Prettner Solon, Rapaich, Talarico, Wheeler and President Hardesty -- 9 Absent: None -- 0 - - - PRESENTATION OF PETITIONS AND OTHER COMMUNICATIONS 97-0106-02 Jack Curtis, Food-N-Fuel, submitting communication pertaining to sale and regulation of tobacco and tobacco related devices (Ordinance No. 9314). -- Received - - - REPORTS OF OFFICERS 97-0106-01 Building official submitting appeal of the board of zoning appeals’ approval to conditionally allow the installation of a ground sign eight feet four inches tall with a six foot by four foot reader board face with school name and changeable reader board for current school events and information with the stipulation that no portion of the sign be used for commercial advertising on property located at 301 North 40th Avenue West (Ordean Middle School PTSA). -- Committee 2 (planning) 96-0106-03 Purchasing agent submitting emergency orders for: (a) Stabilizing southwest sheave wheel of Aerial Lift Bridge awarded to Oscar J. Boldt Construction; (b) Shaft replacement for Aerial Lift Bridge awarded to Duluth Engineering and Manufacturing Company; (c) Machining of present shaft/sheaves for Aerial Lift Bridge awarded to Duluth Engineering and Manufacturing Company. -- Received - - - REPORTS OF BOARDS AND COMMISSIONS 97-0106-04 Board of directors of trusts for Miller-Dwan Hospital and Medical Center minutes of November 21, 1996, meeting. -- Received -1- PROCEEDINGS OF THE DULUTH CITY COUNCIL FOR 1997 97-0106-05 Duluth airport authority: (a) October 31, 1996, unaudited balance sheet; (b) Minutes of November 12, 1996, meeting. -- Received 97-0106-06 Duluth housing trust fund board: (a) Minutes of October 10, 1996, meeting; (b) November 30, 1996, budget report; (c) November, 1996, CIF loan funding status. -- Received 97-0106-07 Technical design advisory committee for DWMX-D minutes of August 20, 1996, meeting. -- Received - - - REPORTS OF COUNCILORS President Prettner Solon announced that the election of officers for 1997 would now take place. Councilor Hardesty was elected president upon a unanimous vote. Councilor Wheeler was elected vice president upon a unanimous vote. Jeffrey Cox was elected secretary upon a unanimous vote. - - - Councilor Prettner Solon spoke of accomplishments of the council during the past year. She introduced councilors and President Hardesy. President Hardesty thanked councilors for their support and introduced Mayor Doty. Mayor Doty presented the 1997 State of the City Address (Public Document No. 97-0106-08.) - - - MOTIONS AND RESOLUTIONS BY COUNCILOR HOGG: RESOLVED, that Billington Contracting, Inc., be and hereby is awarded a contract for furnishing and delivering 1996/1997 estimated annual requirements of pit run gravel for the water and gas department in accordance with specifications on its low specification bid of $23,843, terms net 30, FOB destination, $11,921.50 payable out of Water Fund 510, Dept./Agency 900, Organization 0540, Object 5227 and $11,921.50 payable out of Gas Fund 520, Dept./Agency 900, Organization 0540, Object 5227. Resolution 97-0022 was unanimously adopted. Approved January 6, 1997 GARY L. DOTY, Mayor - - - Mayor Doty introduced the 1996 employees of the month and announced the selection of Ellen Kreidler as employee of the year. - - - The meeting was adjourned at 7:00 p.m. JEFFREY J. COX, City Clerk -2- PROCEEDINGS OF THE DULUTH CITY COUNCIL FOR 1997 OFFICIAL PROCEEDINGS Special meeting of the Duluth City Council held on Thursday, January 9, 1997, 5:00 p.m. in the Council Chambers, City Hall, Duluth, Minnesota. Roll Call: Present: Councilors Bohlmann, Hales, Hogg, Keenan, Prettner Solon, Rapaich, Talarico, Wheeler and President Hardesty -- 9 Absent: None -- 0 - - - PRESENTATION OF PETITIONS AND OTHER COMMUNICATIONS 97-0109-01 Evensen Dodge, Inc., submitting: (a) Official statement; (b) Results of sale pertaining to $9,525,000 general obligation tax and aid anticipation certificates of indebtedness of 1997. -- Received - - - MOTIONS AND RESOLUTIONS Resolution 97-0020, by Councilor Wheeler, providing for the issuance, sale and delivery of $9,525,000 general obligation tax and aid anticipation certificates of indebtedness of 1997 of the city of Duluth, Minnesota, and prescribing the terms thereof; creating a debt service fund therefor; and awarding the sale thereof, was introduced for discussion. The rules were suspended upon a unanimous vote to hear a speaker on the resolution. Katherine Kardell, representing Evensen Dodge, Inc., financial consultant on this bond issue, reviewed the results of the bond sale (Public Document No. 97-0109-01(b)). Ms. Kardell stated that there was a large amount of interest in this issue and that the bids came in very favorably. Councilor Bohlmann expressed concern that the city borrows against state aid and the city’s franchise fee, and noted that if those funds are not available, the city would be in serious trouble. She didn’t feel it is wise for the city to deficit spend like this, and then have bonds to pay for at the end of the year. Finance Department Director Todd Torvinen reviewed the cash flow needs of the city throughout the year. Resolution 97-0020 was adopted as follows: BY COUNCILOR WHEELER: BE IT RESOLVED by the City Council (the “City Council”) of the City of Duluth, St. Louis County, Minnesota (the “City”), as follows: Section 1. Pursuant to authority contained in Minnesota Statutes, Sections 410.325 and 412.261, and Minnesota Statutes, Chapter 475, the City is authorized to issue and sell general obligation tax and aid anticipation certificates of indebtedness in anticipation of collection of taxes and state aids. The City Council has, by Resolution No. 96-1073, adopted December 16, 1996, authorized the issuance and provided for the sale of $9,525,000 General Obligation Tax and Aid Anticipation Certificates of Indebtedness of 1997 (the “Certificates”) in anticipation of collection of taxes levied in the year 1996 for collection during the year 1997 and state aids receivable in 1997 for the general fund of the City (the “General Fund”), which is necessary for timely payment of anticipated expenditures from the General Fund. Section 2. Pursuant to Minnesota Statutes, Section 475.60, Subdivision 2(9), the City Council has retained an independent financial advisor, has solicited proposals for the sale of the Certificates, and has received an offer from Norwest Investment Services, Inc., of Minneapolis, Minnesota (the “Purchaser”), to purchase the Certificates at a cash price of $9,550,000 plus accrued interest on the total principal amount from January 22, 1997, to the date of delivery and upon the terms and conditions hereafter specified in this Resolution. The City Council, after due -3- PROCEEDINGS OF THE DULUTH CITY COUNCIL FOR 1997 consideration, finds such offer reasonable and proper and the offer of the Purchaser is hereby accepted. The Mayor and the City Clerk are hereby authorized and directed to execute on the part of the City a contract for the sale of the Certificates in accordance with the Purchaser’s proposal, and to acknowledge receipt of the check given as security for the proposal. Section 3. The City Council hereby declares that the full faith and credit and taxing power of the City and the receipts of General Fund Taxes and State Aids (as hereinafter defined), to the extent necessary to repay the Certificates, shall be and are hereby at all times irrevocably pledged for the payment of principal and interest on the Certificates when due. Section 4. The Certificates to be issued hereunder shall be dated January 22, 1997, shall be issued in the denomination of $5,000 each, or any integral multiple thereof, in fully registered form, and shall mature on December 31, 1997 (the “Maturity Date”). The Certificates shall not be subject to redemption prior to the Maturity Date. The Certificates shall bear interest at the rate of 4.00 percent per annum. Interest on the Certificates shall be payable on the Maturity Date. Interest shall be computed on the basis of a 365-day year. The Bond Registrar designated below shall make the interest payment with respect to the Certificates by check or draft mailed to the registered owners of the Certificates shown on the bond registration records maintained by the Bond Registrar at the close of business on December 15, 1997, whether or not a business day, at such owners’ addresses shown on such bond registration records. Principal of each Certificate shall be payable in accordance with and on presentation and surrender of the Certificate to the Bond Registrar. Section 5. The City Council hereby appoints Norwest Bank Minnesota, National Association of Minneapolis, Minnesota, as registrar, authenticating agent, paying agent and transfer agent for the Certificates (such bank or its successor thereof is herein referred to as the “Bond Registrar”). No Certificate shall be valid or obligatory for any purpose unless or until the Bond Registrar’s authentication certificate on such Certificate, substantially as set forth in Section 13 hereof, shall have been duly executed by an authorized representative of the Bond Registrar. Authentication certificates on different Certificates need not be signed by the same representative. The executed authentication certificate on each Certificate shall be conclusive evidence that it has been authenticated and delivered under this Resolution. Section 6. A. In order to make the Certificates eligible for the services provided by The Depository Trust Company, New York, New York (“DTC”), B. All of the Certificates shall be registered in the name of Cede & Co., as nominee for DTC. Payment of interest on and principal of any Certificate registered in the name of Cede & Co. shall be made by wire transfer or New York Clearing House or equivalent same day funds by 10:00 a.m.