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12 / 2/ 6 3 255 <br />MINUTES OF THE REGULAR MEETING OF THE EDINA <br />VILLAGE COUNCIL, HELD MONDAY, DECEMBER 2, <br />1963, AT 7:OO P.M., AT THE EDINA VILLAGE HALL <br />Members answering Rollcall were MacMillan, Rixe, Tupa, VanValkenburg and Bredesen. <br />MIbIUTES of the Regular Meeting of November 18, were approved as submitted, by Motion <br />VanValkenburg, seconded by Tupa and carried. <br />COUNCIL LEVIES ASSESSMENT FOR STREET IMPROVEMENT NO. BA-50. Public Hearing, continued <br />from several previous meetings, on the Proposed Assessment for Street Improvement No. <br />BA-50--the construction of Asphalt Concrete Paving with Curb and Gutter in Wycliffe <br />Road and Grove Street in Edina Highlands Lakeside Addition, was called as the first <br />matter on the agenda. <br />the Village Attorney's opinion on the legality of assessing Merold Drive (also in <br />Edina Highlands Lakeside Addition) for a portion of this improvement, inasmuch as <br />Wycliffe Road and Grove Street residents feel they are being over-assessed because <br />the Good Samaritan Methodist Church cannot be assessed for street surfacing. <br />Hyde read Attorney DeForest Spencer's letter, which informed Council that while the <br />statutes permit deferred assessments for sewer and water, they do not- give authority <br />for such assessments for street improvements; that, because Merold Drive was not <br />included in the Notice of Assessment Hearing it is most doubtful that this property <br />canmow be assessed. E4r. Spencer told Council that on a "re-assessment" (as the <br />result of a Court directive) iS is possible, but not probable, that Merold Drive <br />could be included as a part of the benefited area. <br />Mr. Hyde told Council the Estimate of Cost given at the Improvement Hearing was <br />$10.77 per Assessable Foot; that when costs were computed, and before it was <br />discovered that Church could not be assessed for the Asphalt Paving portion, cost <br />was computed at $9.52 per assessable foot; that, now, if the Church is assessed for <br />its full footage for Curb and Gutter only, the Church will be assessed at $3.47 per <br />Assessable Foot for its full 410 feet ($1,422.70), and the balance of the area <br />will pay $9.48 per Assessable Foot.. Residents had asked that Village General Fund <br />assume part of the cost of this improvement inasmuch as the Church had been exempted <br />from assessment as part of its dedication of the land to the Village; and there was <br />some discussion at this meeting relative to this suggestion, but it was felt that, <br />had the Church's 30-foot strip been purchased outright, purchase cost assessable <br />to the street improvement would have been high; that the Village has no authority'. . <br />to take part of the cost of the improvement. <br />able foot is not excessive for this type of improvement (BA-52 at $9.31; BA-55 at <br />$10.42 both being in this range). <br />be levied at $1,422.70 for the Church property and $9.48 per Assessable Foot for <br />the residential properties abutting these streets. <br />carried. VanValkenburg offered the following Resolution and moved its adoption: <br />Continuance of Hearing had been for the purpose of securing <br />Manager <br />In summing up the improvement, <br />It was also noted that $9.48 per assess- <br />VanValkenburg then moved that the assessment <br />Motion was seconded by Tupa and <br />RESOLUTION ADOPTING AND CONFIRMING ASSESSMENT <br />STREET IMPROVEMENT NO, BA-50 <br />BE IT RESOLVED by the Village Council of the Village of Edina, Hinnesota, as follows: <br />It is hereby found, determined and declared that the proposed assessment <br />for STREET IMPROVEMENT NO. BA-50 has been calculated in accordance with the provisions <br />of Minnesota Statutes Section 429.051 and 429.061; that notice has been duly published, <br />as required by law, that this Council would meet to hear and pass upon all objections, <br />if any, to amend said proposed assessment as might be necessary, and to adopt the same <br />by resolution; that said proposed assessment has at all times since its filing been <br />open for public inspection, and opportunity has been given to all interested persons <br />to present their objections; and that each of the lots, pieces and parcels of land <br />enumerated in the assessment was and is specially benefited by the construction of <br />Street Improvement No, BA-50 in the amount set opposite the description of each such <br />lot, piece and parcel of land, respectively. <br />2. <br />pieces and parcels of land described in said assessment, and said-proposed assessment <br />is hereby adopted and confirmed as the proper special assessment for said Improvement. <br />The assessment against each lot, tract or parcel, together with the interest accruing <br />on the full amount thereof from time to time unpaid, at the rate of five percent per <br />annum from the date of this resolution, shall be a lien concurrent with general taxes <br />upon the property described therein and all thereof. The total amount of such assess- <br />ment shall be payable in equal annual installments extending over a period of ten <br />years, the first of said installments, together with interest on the entire assessment <br />from the date hereof to December 31, 1964, to be payable with the general taxes for <br />the year 1964, and one of the remaining installments, with one year's interest on that <br />and all subsequent installments, to be payable with general taxes for the years 1965 <br />through 1973, collectible in the respective ensuing years. <br />owner of any lot, piece or parcel of land assessed hereby may pay the whole of such <br />assessment or any installment thereof without interest to the Village Treasurer and <br />thereafter such payment may be made with accrued interest to the County Treasurer; <br />provided that if any assessment or installments thereof be prepaid to the Village <br />Treasurer, she shall promptly notify the Village Clerk and County Auditor, and the <br />assessment or installment so prepaid shall be cancelled on the books of the County <br />Auditor . <br />1. <br />The amounts so set out are hereby levied against the respective lots, <br />3. Prior to certification of the assessment to the County Auditor, the