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86-036 RES .... . . . CERTIFICATION OF MINUTES RELATING TO S 1,750,000 LAW ENFORCEMENT FINANCING Issuer: City of Elk River, Minnesota Governing Body: City Council Kind, date, time and place of meeting: A regular/special meeting held on Monday , June 23 1986 at 7:30 o'clock ~.m. at Elk River, Minnesota Members present: Mayor Hinkle, Councilmembers Gunkel, Schuldt and Engstrom Membe~s absent: Councilmember Williams Documents Attached: Minutes of said meeting (pages): Two RESOLUTION NO. 86-36 RESOLUTION RELATING TO S 1,750,000 LAW ENFORCEMENT CENTER FINANCING, DETERMINING THE NECESSITY THEREFOR AND AUTHORIZING CERTAIN PROCEEDINGS THEREFOR I, the undersigned, being the duly qualified and acting recording officer of the public corporation issuing the bonds 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 said corporation in my legal custody, from which they have been transcribed; that said documents are a correct and complete transcript of the minutes of a meeting of the governing body of said corporation, and correct and complete copies of all resolutions and other actions taken and of all documents approved by the governing ~ody at said meeting, so far as they relate to said bonds; and that said 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 this 23rd day of June, 1986. . A?I~ P J2!/A1Y S~gnature (SEAL) Patrick D. Klaers, City Administrator Name and Title City Council Minutes June 23, 1986 Page Two !,. 5. County Proposal for City Participation in Financing County Law Enforcement/ Jail Facility Carolyn Drude of Ehlers and Associates indicated that she had met with Sherrill Kure1ich of Larkin, Hoffman Friday morning. Ms. Drude further indicated that an adjustment had been made in the size of the bond issue from $1,690,000 to $1,750,000. Patrick K1aers, City Administrator, noted that the County Board has accepted the City of Elk River attorney's 1awfirm of Larkin Hoffman as bond consultant. He further noted that the City Attorney has been in contact with County Attorney regarding the fairgrounds property and that the process is moving along to trans- fer the deed and payment of funds owed to the City by the County. Mayor Hinkle reviewed the history of the problem with the fairgrounds property. Dale Palmer indicated that he had spoke with the County Attorney, John MacGibbon, today and Mr. MacGibbon has sent the necessary paperwork to the City's Attorney and has not yet had a response. Mayor Hinkle indicated that it was his under- standing that the City's Attorney has already sent the necessary documents to Mr. MacGibbon to draw up the deed. It was the consensus that City Staff would follow up to insure that the process was moving along in a timely manner. . Counci1member Gunkel commented that she felt it was appropriate to make the fairgrounds property payment a stipulation of the approval of the bond issue, inasmuch as the the bond issue is to finance additional space for the County. Councilmember Gunkel explained that the City too has an urgent need for additional space, but is unable to help themselves. COUNCILMEMBER ENGSTROM MOVED TO APPROVE RESOLUTION 86-36, A RESOLUTION RELATING TO $1,750,000 LAW ENFORCEMENT CENTER FINANCING, DETERMINING THE NECESSITY THEREFOR AND AUTHORIZING CERTAIN PROCEEDINGS THEREFOR. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION PASSED 4-0. Discussion was carried on regarding the review of the maturity schedule. It was the consensus of the City Council that they personally would not need to review the maturity schedule, and that the City's 1awfirm, as bond consultant, would review it and advise the City Council. Further discussion was carried on regarding the sale of bonds by the City on July 21st in relation to the County bond issue sale. It was the consensus of those present that the County bond issue be set for July 29th, 1986 at the County Administration offices at 7:30 p.m. 6. Liquor Licenses for 1986/87 . The City Council reviewed the status of liquor license applications as shown on the list attached to the memo to the Mayor and City Council from Sandy Thackeray, Administrative Secretary, dated June 19, 1986. City Administrator Patrick K1aers noted that since the memo was written, the application and certificate of Insurance for the Sherburne County Lions club had been received. He also noted that the operator of the. Empress Gardens Restaurant has stated he is not interested in renewing his liquor license. . Councilmember Engstrom , offered the following resolution and moved its adoption: RESOLUTION NO. 86-36 RESOLUTION RELATING TO Sl,750,000 LAW ENFORCEMENT CENTER FINANCING, DETERMINING THE NECESSITY THEREFOR AND AUiHORIZING CERTAIN PROCEEDINGS THEREFOR BE IT RESOLVED by the City Council (the Council) of the City of Elk River, (the City) as follows: . Section 1. Recitals. It is hereby found, determined and declared that the present jail/law enforcement center owned and operated by Sherburne County, Minnesota (the County) is inadequate and that certain repairs, expansion and related construction are necessary to meet the governmental purposes of the City and County. This Council has received a proposal from Ehlers and Associates, Inc., financial consultants to the County, whereby the County will lease or sell the existing facility to the City, the City will issue obligations the proceeds of which will be used to upgrade the facility, the City will lease the upgraded facility to the County which will pledge its full faith and credit and taxing powers to the lease payments payable to the City under the lease, the City will pledge such lease payments to the payment of the principal of and interest on the obligations issued to upgrade the facility, and the City will convey legal title to the upgraded facility to the County at the end of the lease term. On the basis of the information provided to the County, such proposal from Ehlers and Associates is acceptable, and it is hereby determined to proceed with such financing. Section 2. to such further Board, the cost follows: Project Costs; Additional Proceedinqs. Subject changes as may be deemed necessary by this of such project is presently estimated as Constnlction costs Contingency Design and inspection Legal, fiscal, administrative Less investment earnings Subtotal Plus discount allowance $1,531,865 75,000 110,000 40,000 (40,000) $1,716,865 33,135 $1,750,000 Total . All.det~ils ~f such.financing and provisions for payment of any obllgatlons lssued In furtherance therefor shall be negotiated by re?resentatives of the City, the County, Ehlers and Assoclates, Inc. and Larkin, Hoffman, Daly & Lindgren, Ltd., bond counsel, and shall be subject to the further approval of the Attorney for the City and this Council. All officers employees and agents for the City are hereby authorized a~d .. . . . . .. directed to provide any preliminary information prudent for these purposes. The Attorney for the City is authorized to assist in the preparation of such additional resolutions and other documents as may be appropriate and necessary to the financing. Adopted this 23rd day of Juneh 1ge6. " //' / i ) , II, } / =--- - /< 7 ;!, (.., .,'" J ,_ I, ',," _, ,/"~ ...' ',. ,c.~.",,:~,,/,,_,.""_.,.,..J','_-':' 'C-}./ ~,j1'.-r ~.' ~-~-i---, -'C=::-- ~- , Mavor Attest: '-J'-j , ,-- "/ //~ . / 7) ~~:1 /:!:v?:t-<<~ ~ / rlt2~'/~:1.~ The motion for the adoption of the foregoing resolution was duly seconded by councilmember Schuldt , and upon vote being taken thereon, the following voted in favor thereof: Mayor Hinkle, Councilmembers Gunkel, Schuldt, and Engstrom and the following voted against the same: None whereupon the resolution was declared duly passed and adopted. SOK:CFl