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HomeMy WebLinkAbout19460923_REGULAR20 Members present were Christopher, Hawthorne and tlillson. Eotion by Wlson that f3nutes of the Regular I-leeting of September 9, 1946, be approved as submitted, vas sexonded by Hawthorne and carried. Xotion by 'itillson thzt Fapolls in amount of $3,052.98 be approved was seconded by Hawthorne ad carried. C . J . Christopher Bower Hawthorne George A. i.lillson Harold C. Utley E.L. Zonne 3.J. Du,, -*all Dr. L.U. Campbell John T.T. Wndhorst Ward Be Lewis Sub-t ot a1 340 341 342 343 944 345 346 347 34e -0- -0- -0- -0- -0- -0- -0- -0- -0- -0- - -0- -0- -9- -0- -9- -0- -9- -0- -0- -0- - 50.00 50.00 35.00 35 000 35.00 30.00 30.00 75 * 00 75.00 415.00 50.00 50 . 00 35 000 35000 35-00 30.00 30000 75m 75 00 415 00 1.50 182.93 349 208.33 23 90 Gretchen Schussler 3 50 97.50 12.60 .75 84.L5 Anne L. Phillips 3 51 43 *40 -0- .75 a.65 HeleDe Freeman 3 52 30.00 && 075 .4.4.b5 Sub-total 39923 a.30 3.75 354.33 PCEICE, DEPT, Rilding Dahl 3 53 117.50 8.10 1.50 107.90 355 100.00 9.40 L50 89.10 357 95-00 4.40 1.50 89.10 * 354 100 000 5.40 1.50 93.10 356 100 . 00 5.40 1-50 93.10 Y.S. He;lrdt Cla;rton %rickson Clarence Knutson Donald Nelson >im, v. Hoffman Sub-t otal 358 55.00 5.40 -0- - 49.60 567 50 3m 7.50 521.90 STRZST DEPT. 3SG. Phil Bailey 5.3. Roberts P.H . Dahlgren John Tracy lhi. J . Herf eld Harry Jonas Arthur, Jensen August Cxstaf son Sub-total 3.50 5 040 9.40 -0- 5.70 3 -70 -0- 6.60 34.30 - -0- 1.50 1.50 1.50 lo50 1.50 1*50 I_ 1.50 10.50 l09.00 89 . 10 88 . 50 84.80 88 . 50 725 20 93 oI-0 95 030 76-92 122.50 ' 100.00 100.00 90 . 00 90.00 90.00 85 .OO 770.00 102 50 STmT IEX-HXLY. Chas Johnson Ronald '. Port Sun I.icCready Jacob Shrcak E.C. Pfeiffer Sub-tot+ 367 368 369 370 371 76 .co 76 . 00 54.00 66.00 1.30 -0- 1.50 3.50 1.50 1.50 -0- -0- -0- 3 000 - 73 020 14.50 52-50 62.50 1l2 . 85 384.85 3.50 9.80 T.ESCELL!!BOUS Ben IJoeMer Carl T. nller Fred Jonas Xarren Schwert duel H. Belszas Sub-t otal 3 72 373 374 375 376 2.25 .OO 100.00 9.70 9.40 8.50 5.80 1.50 -0- -0- -0- 113.80 q0.60 64.40 50.20 1.50 3 .OO 162 . 50 516.40 lkO.80 459.80 TOTAL PAYROLL 3,052 . 9s 177.10 27.75 2,848.13 IEnnesota Hospital Service Xssn. 277 27.75 I-Edland fktional 3,2& of f rpl s 378 353 070 E.C. Pfeiffer 4507 220.00 &nrl. Bill Paid First Edim State Ban?< (Transfer of Funds) 3,002.98 Ilk Ordinance Granting Franchise to Ninneapolis Gas Light Company" was read by the Clerk and discussed. Resolution and moved its adoption: franchise meets with Nr. Utley' s approval. Hmthorne offered the following Attorney 3lindhors-t stated that SE: IT RZSOLVED by the VillakeTouncil of the Village of Zdina that, because of urgency, the second reading of 'lA.n Ordinance Granting Franchise to Minneapolis Gas Light Company", its Successors and Assigsn, the Right to f&nufacture, Import, Transport, Sell, and Distribute Gas for Hearing, IllUrainaLing and Other Purposes in the Village of Edina, and to Use the Streets, Avenues and Alleys Thereof for that Purposert be disprcnsed with, oursuant to By-Laws of Village of Edina, Rule Eight, Motion to adopt the Resolution was seconded by tqillson, and on Rollcall there were three ayes and no nays as follows: aye; and Christopher, aye; the Resolution was adopted, VJiillson, aye; Hawthorne, Hmthorne offered the following Ordinance and moved its adoption: ,-. GRANTING TO MIIW3APOLIS GAS LIGHT COlPANY, ITS SUCCES.I;ORS iED ASSIGNS .THE 3IGHT TO lWXJFACTU€E, ITPORT, TRANSPORT, SELL AND DISTRIBUTE GAS FOR HEATING, ILLTJT4INATING AND GTmR PURPOSES IN THE VILLAGE OF EDINA AND TO USE THZ STIZZET, AVXNUES AND ALLEYS THEREOF FOR THAT PURPOSE. THE VILLAGE COUNCIL OF EDIHA DO ORDJiIN AS FOLLOtJS: Section 1. Grant bf Authority, There is hereby granted to 1G.nneapolis Gas Light Company, hereinafter called the llCompany'l, its ~uccessors and assigns, for a period of twenty (20) years after the adoption hereof, the right to manufacture, import, transpod, sell, and distribute gas for heating, illuminating, and other purposes within the limits of this Village, hereinafter called the as the same now exist or as they may be extended in the future, and for that purpose to establish the necessary * facilities and equipment, and to maintain a manufacturing plant, gzis main, service pipes, and any other appurtenances necessary to the manufacturing sale and distribution of gas in and along the streets, alleys, avenues, and other public places of said municipality, and to do all things which are reasonable, necessary, or customary in the accomplishment of this objective, subject, however, to the further provisions of this franchise, provided, however, that before the said company shall e,xtablish any plant in said Village for the manufacture of gas the approval of the Village Council of the location thereof, in the exercise of a reasonable discretion by said Council, shall be first obtained by said Company. Section 2. Obstructing Streets, The Company shall exercise its privileges hereunder subject to all thes to the police power of the Vi11 ge and shall not unnecessarily or unreasonable obstruct the use of or injure any street, avenue, or alley, and shall, upon the completion of any construction or repair, restore all streets, avenues, and alleys, of the municipalitywhich shall be opened by it or its agents or employees forthe purpose of laag, placing, or repairing its afore- said gas mains or service pipes to as nearlythe same order and condition as they were before the excavation was made as is reasonably possible, and shall maintain, repair, and kee@ in good condition for a period of three (30 months all portions of said streets, avenues, and alleys distrubed by it or its agents; provided that the three month period shall be computed fromthe time of closing the excavation, but in case of frost before the three month period has expired the same shall continue for the stated period after the frost leaves the groung. Any obstruction of any strert, alley, par%boulevard, bridge, or other public place, or any failure pronerly to fill and maintain a street after excavation, after proper n&tice dem3nding removal SI? repair, as the case my be, shall be taken care of bynthe Village and the costs thereof shall be charged against the Company and may be deducted from any payments due it from the Village. Section 3. Plats, The Company, prior to the laying of any mains under this franchise, shall present to the Council a complete plat shovchg the location, size and estimated cost of all r;iy.oposed.mains. insist upon this provision shall not be deemed a waiver thereof. Failure of the Village to Section 4. Dage Claims. The Company shall indemnify, keep, and hold the Village free and harmless from liability on account of injury or damage to persons or property growing out of the construction, maintenance, repair, or operation of its property and in event that suit shall be brought against the Village, ei%her independent17 or jointlyxith the Company, on account thereof, the Company, upon notice to it by the Village shall defend the Village in any suit, at the cost of the company, and in the event of a final judgment being obtained against the Village, eith independently or jointly v5th the Company, the Company shall pay such judgment, with all costs, and hold the Village €kmiLess therefrom. - Section 5. S$andards of Service.. The Company shall at all times provide and furnish an adequate, safe, md continuous supply of gzs to the Village md i-ts inhabitants; provided, that if service is temporarily suspended through no fault or negligant act on the part of the Coxpny, such suspension shall not be made the basis of any action or proceeding to terninate this franchise . Section 6. &&ensions of Service. The Companr agrees to lay such of The council of the Village shall its mins and pipss as come within its requirements for suburban service as soon as rezsonable possible to do so. have the right to mke such reasonable rules and regulations as may be neccessary to provide adequate and proper service. Section 7. Rates. The Company agrees for and in behalf of itself, its lessees, successors, and a.ssigns that all authority and rights in this ordinance contained shall kit, all times be subject to all right, power, and authority nou or hereafter possessed by said Village or any other regulatory tribunal having jurisdiction thereover to regulate, fix, and control just, reasonable, and compensatory qas rates, except as hereinafter limited. Village”recognized thzt the entire suburbm aea adjacent to and near the City of IZinneapolis, which includes the Village of %dins, may be regarded as a single zone for rate making purposes andagrees that the Company has the r5ght to insist upon 2 uniform r&e for all of its consumers in said suburb= area. A11 rates charged under this ordinance shall at all tirrres be fair, just, and reasonable. The Section 8. Accounting Reports. The Company agrees, on or before July 1 of each year, to file with the Village Clerk a copy of its annual report to its security holders for the prededing calendar year, together with a balance sheet and income statement of the suburban division and a balance sheet and income statement for the Village of Edina on an allocated basis, Section 9. Forfeiture. If the Company shall be in default in the performance of any of %he material terms and conditions of this ordinace and shall continue in default for more than ninety (90) days after receiving . notice fromthe Village of such default, the Village Council may, by ordinance duly passed &nd adopted, terminate all rights granted under this ordinance to the company. The said notice o$ default shall be inwriting and shall specify the provisions of this ordinance in the performance of which it is claimed that the Company is in default. Such notice shall be served in the manner provided by the laws of Eiinnesota for the service of original notices in civil actions. The ressonablenes of any ordinance so passed declaring a forfeiture of the rights and privileges granted brthis franchise ordinance shall be subject to review by the United States District %ou& for the DLbtrict of ILEnnesota, Fourth Division. Section 10. Acceptance. The Ccmpany shall, T.Jrithin thirty (30) days after the passage and publicztion of this ordinance, file with the Village clerk its acceptance of sdme in writing, signed by its proper officers and attested by its corporate seal. 9/23/46 Section ll. Effective Date. This ordinance shall take effect and be in force from and after its passage and publication. Notion to adopt the Ozdinance was seconded by Willson, and on Rollcall there were three ayes and no nays, as follows: tJillson, aye; Hawthorne, aye; Christopher, aye; and the Ordinance was adopted. ATTEST : // Villag Clerk Pursuant to advertisement for bids published in the Hennepin County Review, Hopkins, lfinnesota and the Construction Bulletin, flinneapolis, Ninnesota, on August 29, September 5 and 12, affidavit of publication for which was read by Clerk, bids were taken for construction of Sanitary Sewer in Sanitary Sewer District No. 17. Bids received were as follows: Lametti & Lanetti, St. Paul, E4innesota 'i3,193.75 Phelps-Drake Co. %nneapolis, Wmesota .;2,859.G0 Notion by ?Iilison that bids be referred to Village Engineer .for tabulation and report later thiswening was seconded by Hawthorne and carried. Pursu,mt to Advertisement for Bids published in Hennepin County Review, Hopkins, Ninnesota and construction Bulletin, Knneapolis, I2hnesota, on September l2, a-ffidavit of yubJication for which was read by Clerk, bids were read by Clerk, as follows, covering construction of water main in Eellogg Avenue from 11. 56th Street to Ecellogg Place; Kellogg Place, from Iiellog~ :weme to oaklawn Avenue; oaklawn Avenue, from Kellogg Place to ?Jest 56th Street; Phelps-Drake CO., Ninneapolis, Ninnesota $3,494.80 betti 1% Lametti, st. Paul, I\llinnesota $3,652.00 Motion by Hwthorne that bids be referred to Village Engineer for tabulation and report later this evening was seconded by Willson and carried. Pursuant to advertisement for bids on curb and gutter and sidewalk, pubJ-ished in Hennepin county Review, Hopkins, Hinnesota, affidavit of publication for which was read by Clerk, bid was opened and read . covering this construction for the West side of France Avenue between 5lst Street and 52nd Street. Victor H. Carlson and Sons, IIinneapolis, in the momt of .?2,65t3.10, plus Z@ for extra work. the bid inasmuch as price was commensilrate with those bids accepted earlier this par. moved its adootion: The only bid received was that of Engineer Smith recommended acceptance of ?';lillson offeTed the following Resolution and RESCILUTIOX ACCEPTING BID CURB, GUTTER, ARD SIDE'diYLK TIJKI%.EAS, pursuant to, advertisement for bids published in the Hennepin County Review on September 12, 19.46 for the improvement of the West side of France Avenue beheen Vest 5lst Street and 1Jesi; 52nd Street by construction of standard curb, gutter and sidewalk accordin? to plans and specifications on file iii the office of the Villa,pe clerk, the following bid has been duly received and opened: Victor H. Carlson & Sons, Einneapolis, I3nn. %?,658.10 (Plus 20% for extra Yrork) TlIl3IZ=FOGy BZ IT 8?3SOLWD, by the Village council of the Village Of Edina that the bid of Victor H. Carlson & Sons is hereby determined to be the bid of the lowest responsible bidder and the President and Clerk are hereby authorized and directed to enter into a contract with said Victor H. Carlson and Bons in the name of the Village, for the improvement of the said portion of said street, according to the Plans and specifications therefore, wlnich have heretofore been approved by this Council and filed in the office of the Clerk at the price specified. in said bid, and vhich said contract sha3 be approved as to form by the Village attorney, . 24 9/23/46 iiotion to adopt the Resolution vas seconded by Hawthorne, 2nd on Rollcall I, there were three ayes and no nzp as follow:- :'Tillson, aye; Havhhorne, aye; Christopher, aye; and the Besolution \ * Pursuant to Wotice of Assessment Hearing-Yater &in Improvement #5", published in Hennepin County Reviev, Hopkins, I'iinnesota, September 12, 1946, affidavit of publication for which was read by Clerk, public hearing vas held on assessment for cost of x&er main construction in the follotbg streets: '.-I. 57th Street, from France to Beard ilvenue; Beard Avenue, from I?. 57th Street to 3. 5'3th Street; Chowen Avenue, from IJ. 57th Shreet to I3. 58th Street; Drew Avenue, from 3. 57th &reek to W. 5&'-,17- Street; &.Tins Avenue, fron 11. 57th Street to W. 58th Street; Bngineer SpLth reported on the calculation of assessment, stating that total cost of construction is estimated at $22,7&02, or $5.09 per assessable foot; that connection charge per front foot for nrivilcge of connectins to Peder IXckelson Yater Ihin, as per franchise adopted Iky 27, 1946, is 0.25 per front foot., making assessable cost $5.34 per front foot and total cost .Z3,829.64. There were no objections at hearing, and Clerk had received no written objections. Hmthorne offered the following Resolution and moved its adoption: I 1 X-IE~AS proposed assessxtent for the cost of the iclprovenent of the follot&g streets: If. 57th Stre&, from France Avenue to Bzwd Avenue F ~miq2 Avenue, fro3 Vest 57th Street to Yest 58th Street; ! Drew .lvenuk, frem Yest 57th Street to ?I. 58th Street; Chowen Avenue, from Yest 57th Street to If. 93th S+,reet; Beard .\venue, fron Yest 57th Street to W. 58th Street; by construction of water main therein, has been duly filed with the Village Clerk and open to public inspection and notice has been published in the Hennepin County Review on September 12, 1946 that the Council rJill psss upon said proposed assessnent at this present meeting, and this council has met at the time and ?lace specified in said notice, and heard and passed upon a11 objections thereto, no>: theref ore, BF: IT R3SOLVED by the Village council of the Village of Edina that said proposed assessment which is herebS referred to end made a part hereof, is hereby adopted, and an assessment is hereby levied against. each of the lots, parts of lots, pieces and parcels of land described therein in the sums there- in respectively set forth, and each of said tracks of had is hereby fhund to be benefited in the mount of the assessment levied agains% it herein: B% IT FURTIERRESOLVED that each assessment shall.& payable in equal annual installments exbendins over a period of ten years, the first to be payable on the first dag of June, 1947, all deferred payments are to bear interest at the rate of 5% per annum. be in lien upon the property therein specified concurrent with general taxes as authorised by chapter 425 Laws of 1.Iiimesota 1921. Said assessments and interest shall Hotion ta adopt the Resolukion was seconded by ?fillson, and on Rollcall there vere three ayes and no nays, as follows: I'lillson, aye; Hawthorne, aye; ad Christopher, aye; andthe Resolution was adoptek / A I Hawthorne offered the following Resolution and moved its adoption: RESOLUTION FOR ISSUANCE OF CERTIFICATES OF INDEBTEDNESS - WA'E3.d PlAIN IMPROVEIIENT VATER NAIN NO. 5 VERE14S pursuant to Resolution by the Village Council adopted Mas 27, 1946, improvement of the following streets: West 57th Street, from France Avenue to Beard Avenue; Beard Avenue, from West 57th Street to West 58th Street; Chowen Avenue, from West 57th Street to West 58th Street; Drew Avenue, from West 57th Street to West 58th Street; Ewing Avenue, from West 57th Street to West 58th Street; by construction of water main therein was ordered and contract has been entered into for doing the owk at a contract price of $i9,105.48, and other expenses which have been incurred or will be incurred in connection with making of said improvement are $4,724.16; that the totdl expenditure theref ore is $23 , 829 . 64, now theref ore, BE IT RESOLVED by the Village Council: of the Village of Edina that certificates of indebtedness of said Village be issued in the aggregate sum of %24,000.00 to defray the costcof said improvement as authorized by Chapter 425, Laws of 1921. following, and shall be payable in annual installments as near equal as may be, over a period of ten (10) years as follows: said certificrbes maturing January 1, 1957, being subject to redemption at any interest payment date. Such certificates shall be in form !.JARRANT "BERS AT.IouNT TOTAL MATURITY DATE 1 2 $1,000.00 $2 , 000.00 January 1 , 1948 $1,000.00 3 $1,000,00 4 $1,000.00 $2, 000.00 January 1, 1949 5 6 7 8 9 10 11 12 13 14 15 16 17 14 19 20 21 $1,000.00 $1,000.00 $1,000.00 $3,OOO.OO January 1, 1950 $1,000.00 $1,000 . 00 $1,000.00 '$1,000.00 $2,000.00 January 1, 1951 $1,000.00 $3 , 000.00 January 1 , 1952 $1,000.00 $1,000.00 $1,000.00 $1,000.00 ~1,000.00 $1, 000.00 $2,000.00 January 1, 1953 $1,000.00 ' $2,000.00 January 1, 1954 $1,000 00 $3 , 000.00 Januaw 1, 1955 $1, 000.00 $2, 000.00 January 1, 1956 22 $1,000.00 23 $1,000.00 24 $1, 000.30 $3 , 000.00 January 1 , 1957 said certificates shall bedated October 1, 1946 and shall bear interest at the rate of not more than five (5) per cent per annum, said interest to be payable semi-annually beginning January 1, 1947, that the form for said certificates, Lmediately following, is hereby adopted: (FORI1 OF WUIFiANT) 9/23/46 UA~ 1LUN II*PROVIQ*E8T XO. 5 CERTIFICATES OF INDEBTEDNESS KHO!+? ALL I'EN BY TEGE PDSENT that the Village of Edina, Hennepin county, Ebesota, certifies that it is indebted..and for value received promises to pay to the bearer hereof from !,'atemain Improvement TJo, 5 Fund of sBid village the sum of on the day of date of papent is legal tender for public and private debts, and to pay interest thereon from the date hereon until paid at the rate of per cent ( 5) per annum, payable and thereafter semi-annually each year, interest to mturity being payable in accordance with and upon presentation and surrender of the attached interest coupons as they severally become due, both principal and interest being payable at the main office of ,19-, in any coin or currency uhich on the on the day of = 2nd the day of in THIS CERTIFIGtlTE OF UDEBTEDNESS is one of a series of certificates in the aggregate principal amount of $24,OOO,OO, all of like date and tenor except as to maturity, and is issued by the Village of Edina pur'suant to and in full conformity with the constitution and Laws of the §%ate of Minnesota thereunto enablbg including Chapter 425, Laws of 1921,' for the purpose of defraying the espense incurred and to be incurred in laying water mains, hydrants, and connections in :later Nain Improvement No, 5, and in anticipation of the collections of special assessnents to be dulylevied against the benefited nropertg in said District for the construction of said water mains and is payizble out of a fund designated as Yater I.la;in Improvement Pro. 5 Fund into vhich fund all proceeds of sed assessment are required to be paid, but the full faith and credit,of the Village of Edina are pledged for its payment. (To be printed on Certificates No, 22, 23, & 24) par and accrued interest upon thirty days prior notice by mail to the bank where this Certificate is payable, This certificate is subject to redemption on apy interest payment date at IT IS H%L%IK CXIiTIFIED AND FECITED that all acts, conditions and things required by the constitution and k-ws of the State 'of Irinnesota, to be done, to hanpen, and to be nerfomed precedent to and in'the issuance of this certificate of indebtedness have been done, have happened, and have been per- formed in re,@ar and due form, time and manner as ,required by law and that this certificate of indebtedness, together with all other indebtedness of said Villaae outstanding on the dat'e named herein, and on the date of the actual issuance and delivery hereof does not exceed any statutory or constitutional limitation of indebtedness. IN XTX3SS I.JHERXOF, the Villagecof Edina, Hennepin county, IEnnesota by its Village council has caused this certificate .of indebtedness to be signed b the President of the Village council and countersigned by the coupons hereto attached to be executed and authenticated by the facsimile signatures of said officers, and has caused this certificate of indebtedness Village F lerk and sealed xith the seal of said Villape, and the interest The Village of Edina, I.Ennesota, will pay to bearer At hnk, of , 1.Iinnesota for interest then due on its Ilatermzin Improvement No, 5 Certificzte of Indebtedness dated and /DOLLARS NO. . ( COUFON) - // -&nt of dL*/aki 0 1 the Villagf council 9/23 h.6 I 27 \ BE IT FURTHER BESOLVED, that the Clerk is hereby directed to publish a notice in the Hennepin County Review, Hopkins, Ninnesota, fixing October lk, 1946, at 8:OO POT!., at the Village Ha11 as the time and place where bids for said sertificates will be opened and considered. The Council hereby reserves the right to reject any and all offers and award said certificates to a lower bidder, or upon like notice invite other bids, and BE IT F'UL3HER RXSOLTTED that a separate special assessment fund shall be provided for the imI2rovement and the proceeds fromthe sale of the certificates herein authorized shall be placed in such fund; into such fund of any special assessments levied on account of this fund. sufficient amount of moneys received to provide for the payment of the principal and interest of said certificates as they severally mature, shall be, without further authority, transferred by the Village Treasurer into such fund from the General Fund when the special assessment fund is insufficient to pay the principal and interest of said cer-bificates as they severally mature, but the fund,'from which said moneys have been taken or used for the papnent of such principal or interest shall be replenished with interest at 5% per annum from the comection of unpaid assessments on account of such improvements. Motion to adopt. the Resolution ,yas seconded by Wilson, and on Rollcall there were three #ayes and no nays as follows: Ifillson, aye; Havhhorne, aye; md Christopher, aye; and the Resolution was adopted. shall be paid all moneys received from the Fapent A -. . I Petition for vacation of alley be4nning at Spruce Road and ending at Belmore Lane, in %ock 5,; 1-fehdeyssohn Addition, was presented by l&s. Glendon Greenwood and T2i.s~ Jessie Nillar. owners of ten tracts of land abutting alley. petition be accepted and referred Lo Village I-lanager for report :?as seconded by ??illson and carried, Petition signed by the Uotion by Hawthorne that Mr, Shaw, 'owner of lot on W. 55th Street and France Avenue requested permission to have the !?5.34 per foot consmer's deposit payable for water connection to Nickelson main assessed over a ten-year period. %. Shaw was told that, because of legal assessment proceedings necessary to levy such assessment this arrangement was impossible; but that the Council would take under consideration the matter of a ten year contract wLth the Village. Mrs. Emma Tedman, owner of property at 5532 Kellogg Avenue, who had * been served with notice to connect with sewer before October 1, appeared to protest the Notice, stating that her plumber could not get a priority from the Civiliam Production Administration for necessary materials. Letter from Donald Soltau, owner of property at 5529 r;Jooddale, who had also been served with sewer comection notice, was rezd. funds, and the fact that he could not secure cement for foundation on which to move his house. This letter asked an extension of time because of lack of With regard to premises at 5529 Nooddale, Hr. Alan W. Harris, 550L~ ICellogs Avenue, protested the issuance of a moving permit to &e, Soltau. He stated that, in his opinion, jmprovements necessary to make this house conform to the building code would total more than 50% of the present valuation'of the house, and that the permit had been issued in violation of the code. be rescinded pending investigation by Building Inspector, Village Bhager and Council, was seconded by PJillson and carried. Motion by Hawthorne that moving permit Motion by Hawthorne that applications of Nrs. Tedman and Mr. Soltau for extension of time for sewer connections be granted until such time as priorities for construction can be secured from Civilian Production :Idministration, and that .the matter of the house at 5529 %ooddale, 5532 fiellogg And 5505 Iceilogg, (and possible improvement for these hDuses) be referred to the Village knager and Village Attorney was seconded by t'Jillson and carried. Petition signed by o:mers of four tracts of land abutting IT. 49s Streat, requestin5 the follo:.ring: 1. 2, Fifty-foot street from curb to curb; Installation of curb on both sides of streets, providing necessary openings or drivevap to give access to the property on both sides of street; Set back of ten feet for buildings erected or to be erected, such ten-foot area to be reserved for sidexalk purposes only; Eo provision for parking at present time, with this matter left to discretion of council -t;o require parking provisions when permit to build is applied for; 3 . 4. was ref erred to Village %nager Smi-th for report , Petition for onening, grading and gravelling on 2nd dvenue Ezst, between T.bLoneT Avenue 2nd 4th Street south, was presented. thst it is %%e council's policy to act on the petition of not less than 51% of the property owners, and were requested to secure additional names on t'aeir petition, if possible. IIotion by Hawthorne that petition be referred to %&leer S i%h for his report was seconded by I'Tillson and capried. Fgtitioners were told I. Hawthorne offered the following Resolution and moved its adoption: l?HER.ZAS pursuant to resolution by the Village council adopted kjril 22, 19&6 improvement of the folloxing streets: ?Jest 52nd Street, from Indianola Avenue to Gorgas -%venue; Gorgas Avenue, from ?lest 52nd'Street to Horth end %hereof; Halifax .*venue, from Yest 5Znd Street to :Test 54th Street; by construction of water main therein vas ordered and contmct has been entered into for doing the :.rork at a contract price of $l4,731.60, and other eqenses 1.Ti?ich have been incurred or ?rill be incurred in connection uith the making of said improvement are $2,779.57; that the total expenditure therefore is 717,5ll.l7, nox therefore, IT FESOLVED by the Village council of the Village of Edina that certificates of indebtedness of said Village be issued in the aggregate sum of $17,500,00 to defray a part of the cost of said bprovemenl as authorized by Chapter 425, Laws of 1921. Such certificates shall be in form following ad shall be payable in annual installments as near equal as may be, over a perLod of ten (LO) years as follows, said certificates matwihg January I, 1957 being subject to redemption at any interest payment date. % 1 2 3 4 5 6 * 7 8 9 10 n 32 13 u, 15 16 $1,000.00 500,oo $1,500,00 January 1, 1948 $1,000.00 ~1,000.00 :~1,000,00 $1,000.00 $2,030.00 January 1, 1949 500 . 00 $1,500,00 January 1, 1950 ~1,000.00 $2,000.00 January 1, 1951 $1,000.00 500.00 $lY5OO.OO January 1, 1952 a, 000.00 .A; 000, 00 $2,000.00 January 1, 1953 *) $1,000.00 500.00 $1,500.00 January 1, 1954. :~1,000.00 $1,0:0.00 $2,030.00 January 1, 1955 17 ' 18 ~~;l,000,00 500.00 :j1,500,00 January I, 1956 9/23/46 29 f 19 20 $1,000.00 .I $1,000.00 $2,000.00 January 1, 1957 said certificates shall be dated October 1, 1946 and shall bear interest at the rate of not more than five (5) per cent per annum, said interest to be Tayable semi-annually beginning July 1, 1947, that the form for said certificates, immediately following, is hereby adopted: NUIJIEER (FOR4 OF CERTIFICATE) DOLLARS UNITZD STATES OF AXERICA STATE OF MINNESOTA COUNTY OF HEIWEPIN . VILLAB OF EDINA WATER NAIN IMPROVEI4ENT NO. 4 CERTIFICATE OF IIJDEBTEDNE3S KNOW ALL ~~ BY THESE PRESENT that the Village of Edina, Hemepin County, Ninnesota certifies that it is indebted and for value received promises to pay to the bearer hereof from Watermain Improvement No. 4 Fund of said Village the sum of DOLLARS on the day of date of pa-ynent is legal tender for public and privske debts, and to pay interest thereon from the date'hereon until paid at the rate of thereafter semi-annually on the day of and the day of in accordance with and upon presentation a,nd surrender of the attached interest coupons as they severally become due, both principal and interest being payable at the main office of ,19-, in any coin or currency which on the per cent ( 5) per annum, payable and in each year, interest to maturity being payable THIS CERTILTCATE OF INDEBTEDNESS is one of a series of certificates in t he aggregate principal amount of 817,500.00 all of like date and tenor except, as to maturity, and is issued the Vi11 ge of Edina pursuant to and in full conformity with the constitution and Laws of the State of IE.rmesota thereunto enabling including Chapter &5, Laws of 1921, for the purpose of defraying the expense incurred and to be incurred in laying water mains, hydrants, and connections in Water &.in Improvement No. 4, and in anticipation of the collection of special assessment to be duly levied against the benefited property in said district for the construction of said water mains and is payable out of a Fund designated as Water Hain hrprovercent No. 4 Fund into which fund all proceeds of said assessment are required to be paid, but the full faith and credit of the Village of Edina we pledged for i-b s payment. (To be printed on Certificates No. 19 eC 20) This certificate is subject to redemption on any interest payment date at par and accrued interest upon thirty days prior notice by mail to the bank where this Certificate is payable. IT IS HEEBY CERTIFIED AND IU3CITED that all acts, conditions, and things reqyired by the constitution andLaws of the State of Ebnesota, to be done, to happen, and to be performed precedent to and in the issuance of this certificate of indebtedness have been done, have happened, and have been performed in regular and due form, time and manner as required by law and that this certificate of indebtedness, together 7dlh all other indebtedness of said Village outslanding on the date named herein, and on the date of the actual issuance and delivery hereof does not exceed any statutory or constitutional limitation of indebtedness. IN XITNESS REREOF, the Village of Edina, Hennepin County, I.lj,,nnesota by its Village Couricil has caused this certifi&te of irdebtedness to be signed by the president of the Village council and Countersigfled by the Village 'lepk and sealed with the seal of said Village, and the interest coupons Kereto attached to be executed and authenticated by the facsimile signatures of said officers, and has caused this certificab * of indebtedness to be dated as of , 1946 . COUNERSIGNED : i 30 9/23 /L6 (COUPON) NO. e ',E OIJ THZ FIRST DAY OF The Village of Edina, Xinnesota, will pay to bearer and /lo0 DOLIARS At EkLrlk, of , Ielinnesota for interest then due on its Yaternain Improvement No, 4 Certificate of Indebtedness dated October 1, 1946 NO /1 1 Village Clerk 'r,esident of the Village Council 'SE IT F'URTKER =SOLVED that the clerk is hereby directedto publish a notice in the Hemepin County Xeview, Hopkins, 1Iinnesota, fixing October U, 1946 at 8:OO P.31, at the Village Hall as the time and place where bids for said certificates vfill be opened and considered. any and all offers and awad said certificates to a lower bidder, or upon like notice, invite Qther bids, and The council hereby reserves the right to reject. BE: IT ~TAVHE~ RESOLVED that a separate special assessment fund shall be provided for the improvenerrt and the proceeds fromthe sale of the certificates herein authorized shall be placed in such fund; into such fund shall be paid all moneys received from the pawLent of any special assessments levied on account of this fund. A sufficient amount of moneys to provide for the pawent of the principal and interest of said certificates as they severally mature, shall be, without further authority, transferred by %he village Treasurer into such fund fronthe General fund wllen the special assessment fund is insufficient to yay the principal and interest of said certificates as they severally mittwe, but the fund from vrhich said moneys have been taken or used. for the payment of such principal or interest shank replenfshed with infxm&t at $ per annum fron the collection of unpaid assessments on account of such improvements . Hotion to adopt the Resolution was seconded by IJillson, and on bllcall there were thrze ayes and no nays (3;s follows: I .. IKllson, aye; Hawthorne, aye; and Cbistopher, aye; and the Besolution ATTIST : was adovt ed . 3lessrs. Petrie and Carlstrom inquired as to status of Rutledge-Sroohside sexer. Ggineer Ssth wesented nlans for sewer to be constructed on Fulton, Vandervork and Cleveland Avenues fro3 Division Street to 48th Street; Rutledge ,\venue from llotor Street, south throughEdha Terrace to Broo!cside Avenue; and Brookside Avenue from I-lotor Street to Rutledge Avenue; on IIotor Street from Thielen Avenue to Rutledge Avenue, and on Division Street, from +he Jest lot line of Lot'll, Brookside Terrzce to Fulton Street. large district ?:odd brins dom the cost for all property o?mei-s concerned. estimate of cost of construction tias '$6,151.72, r.;'nich would mean an assessment of %,20 per front foot if railroad oroperty was assessed, and <$9.45 yer front foot without assessing railroad property, infomed that, because of the hiyh assessment it t:ou.ld be difficult to finance construction of se:rer Tri,thout consent of majority of property ovmers. Hawbhorne tht Villacfe %gineer be directed to determine that premises in the 3rea are dischareinz se:;.ae;c onto the surface of the ground, and that necessary steps be t&en to force compliance with State and Vflzze Health Re,+ations, was se-conded b:r !Tillson snd carried, 1-Ir. Smith expleabed that craation of the His 14essrs. Petrie and Carlstroia T;TeYe Ihtion by In cornpliance vritih September 9 request by council, Vi!-l?I;e kgineer Sx&th renorted that he had made careful survex of mroposed 49bh Street Sewer, and t1m.t there would be no -0ssibility of serving the Eloreau property and raroperties Vest, except as sewer was originally @armed, although the Bjor'kmn property and all. properties East Cound be served by 2 sewer stub running fron France ilvepue. Kr. D.y. :'/allace - 31 again protested construction of sewr abutting his property, 11 Action on \ this nroposed construction was deferred by the Council pending substantial agreement by the property owners. Plat of Countryside, by National Riilders, was presented for final aproval, Mr. Bergquist was informed that the council could not act until petition had been received for blacktopping. Plat of Edina Hills, by Jerome and ;;fildeE, was ?resented By-l2&l I€;.P. JO~sb~, sales acent. was seconded by IJillson aEd carried. Notion by Hawthorne that plat be accepted for permanent record I&. Johnson also presented petitions, signed by Jerome and dilder, owners of Lots 1 to 14, Bock 1, and 1 to 15, ?Lock 2, Edina Hills, for exbension of lateral sewer mains and water mains in Eeard and Chowen Avenue abutting their properties. referred -to Village Engineer for report was seconded by Xillson aid carried. &. Smith reported that %. Joseph Garrison wished a revision in the Village contract for dumping. be authorized to wkite I@. Garrison releasing him from liability to the Villqe in case his permit for dump is revoked by the Township in which he is operating, was seconded by IJillson and carried. Notion by Hawthorne that petition by accepted and Motion by Hawthorne that Village Attorney IWch regard to bids taken September 9 for material for the tmderground. portion of Street Lighting System on the lifest side of France Avenue between 49th and 5lst S'creet, and on Vest 50th Street, between France and Halifax Avenues, Engineer Wth recommended th8t all bids be rejected because of unsatisfactory delivery-?dates specified. that September 9 bids be 'rejected because of unsatisfactory delivery dates, but khat Village clerk be'authorized to re-advertise for bids for this construction as soon as materials are available was seconded by Itillson and carried. 316bion by Hauthorne With regard to bids taken September 9 for power zower, Stroet Conmissioner Bailey reported that both the Jari and Toro movers had been demonstrated, and that the Vil1a-J.e Crew perfers the dari rxmer. Notion by 'dillson that bid of J.B. Rutherford, for Japi mower at ~;l$5,OO F.O.B. Edina be accepted, vas seconded by Hawthorne and carried. Letter from Thorpe Bros., Inc., requesting blacktopping of streets i_n, Su_nn!rslope Addition, was rad. Xarnager Smith tms rquested to contact lllr. James Thorpe. in order to secure complete understanding as to the assesszble cost on this project, I4r. Christopher reported an inquiry from Hr. Perry, a resident of Smyslope as to the installation of street lights in this section. that Northern States Power Company be requested to install fights in Smyslope was seconded by Hawthorne and carried, f4obion by %llson Motion by liillson that Village Treasurer be authorized to secure from County Auditor $40,755.52 Balance due village on June Tax Settlement, and deposit same in @idland National Bank, was seconded by Hawthorne and carried. Nr. Hawthorne reported that Mr. lLjerritt .of Spring Zealty had inquired as to procedure for securing franchise to operate a bus line in the Villa,ge with view to serving Edina Highlands. he had received reply to his recent letter to €4r. Strouse, President of Twin City Rapid Transit Company, regarding extension of proposed 50th Street Cross-Tom bus into the Village. were asfollows: Golf Terrace or Valley View Road, East on either of these two streets to IJooddale, and North on Xooddale to 50th Street; or, a shorter route West on 50th Street to Hormandale Road or the Village Hall, with a loop there, and back on 50th Street, Hotion by Hawthorne that llRecommendations of Planning commission" , with changes suggested by council September 9 and approved by Planning Commission September 23, be given final approval by the Council and forwarded by Bealtors, was seconded by %.llson and carried. %. Smith reported that Routes proposed by Council West on 50th Street to Normandale, South on Normandale to 6 19-31 ?/23/44 anplic3tion for license to sell cigarettes at HflstpTasty Cafe, 3907 Y. 50th Street, be approved, :ms seconded by TTillson and carried. Thursday, October 3, at 7:30 P,H., was set as time for special meekin2 of the council for budget discussion. En,gineer Smith reported that tabulation had been made on bids received earlier -this evening for construction of sanitary sewer in Sever District IIo. 17, and that Phelps-Drake comymy, :tho bid "2,859.80 is lovr bidder, I&?. 35th recornended acceptance of this bid. H-i,:;.thorne offered the follor-ring Resolution and moved its adoption: c 3'HEE?IS, pursuant to adyertisement for bids published in the Hemepin . IEnnesota on ~uqst 29 znd September 5 and 12, 1946 for the improvement of County Ftevie7.r Hopkins, IVimesota and the Construction Bulletin, IWeapolis, '? the f 0llo:;ing strl: et s : Kellogs Avenue, froa Xest 26th Street _- to Kellogg Place; Kellogg Place, from Kellogg Avenue to ''akla~rn .ivenue; C~chirn .\venue, from Iiellogz Pzace to !!est 56th Street; br constructSon of smitzry lzteral sever therein, the foq-lloriing bids have been duly received and opened: T€EmC?B, E IT XSGLCD by the Villsrce council 02 the Vill2;e of Sdina that the bid of Fhelps-Dra?:e company, Eiinneapolis, is hereby detemnined to be the bid of the lowest resnonsible bidder and the nresident and clerk are hereby authorized and directedto enter into a contract with said Phelps-Drake Coapany in the name of the Village, for the improveinent of said streets according to the plam and specifications theref ore which .have heretofore been anprorred by this council and filed kt the office of the 'lerk a% the price specir"ied in said bid, znd which mid contract shall be a?proved as tol'fom by the Village Attorney, E3 IT F'URTH3R USQLVXD that the Clerk is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids except that the deposits of the successful bidder and the ne% lotrest bidder shall be retained wtil the contract has been signed. Ihtion to adopt the aesolution YES seconded by I'lillson, md on Xollcall there were three ayes ~nrl no nzys, as folloxs: Christopher, a;r,.e; 2nd SIE Resolution PT~S adopted. ;;Tillson, aye; Hawbhorne, aye; ad Engineer Srzith presented tabd.3tion of bids on construction of water main in Iiellogg Avenue from Yest 56th Street to ICeUogq Place; €SLl.ogg Place, fron Kenogg Avenue to Oaklam Avenue; Oddam Avenue, from G~ogc Place to :lest 56th Street, vhich were received earlier this evening, and recornended accepthg bid of Fnelps Dr&e compny, l5nneapolis, in the amount of $3,l+94.80, which was OX bid, hwthorne offered the following Resolution ad noved its adoption: YHE~!LS, pursumt to advertisement for bids published in the Hennepin comty Reniew and the Construction Wletin on September 12, 1946, for the improvezent of the following streets: Kellogg Avenue, from Street to .-. Kellogjg Place; Ilellogg Place, from Kellogg Avenue to uaklawn Avenue; Oaklawn Avenue, from Kellogg Place to Nest 56th Street; by construction of" mter main 'therein, the following bids have been duly received and spened: Phelps-Drake Company, %wspolis $63,494.80 Lametti et Lametti, St. aul, IJ~. $3,652.00 THEBFORE, BE IT RXSOLJBD, by the Village council of the Village of Edina that the bid. of Phelps-Drake company, IWeapolis, is hereby determined to be the bid of the lowest responsible bidder and the president and clerk are hereby authorized and directed to enter into a contract with said Phelps-Drake company in the name of the Village, for the specifications therefore which have heretofore been approved b:jthis Council and filed in the office of the clerk at the price specified in said bid, and which said contract shall be approved as to form by the Village Attorney. improvement of said portion of said streets, according to the plans and BE IT FURTHER RZSOLVED that the clerk is hereby authorized andq directed to return forthwith to all bidders the deposits made with their bids except that the deposits of the succ::ssful bidder and the next loiqest bidder shall be retained until the contract has been egged. Motion to adopt the Resolution was seconded by Wllson, and on Rollcall there were three ayes and no nays, as follows: Christopher, 'aye; and thr Resolution was adopted. Willsn, axe; Hawthorne, aye; and ATTEST: .- There being no further business to come before the Council, Hnw-bhorne moved for adjournment. Motion seconded by ilJillson and carried. Village Clerk NINT.JTES[..OF THE FEGULAR METING OF TH3 EDINA VILLAGE COUNCIL HELD IN VILLAGE HALL, OCTOBER 14, 1946, AT 8:OO P.M. Plembers present were Millson, ULley, Hawthorne, and Christopher. Minutes of the meeting of September 23, 1946 were approved as submitted, by . hotion Ifillson, seconded by Hawthorne and carried. Motion by trillson a@pi;.oving payrolls in the amount of $2,744.73, was seconded by Utley and carried. * NAME CLAIM i+ GIZOSS A&Tl'. W. TLS NET All". Administrative Phil w. Smith 380 208.33 23 90 184 43 Gretchen Schussler 381 97.50 12.60 84.90 Helene Freeman 3 83 50.00 4.80 L,5.20 384 10.50 -0- 10 . 50 Dorothy Richter Sub-t otal Anne L. Phillips 382 47 . 60 .10 47.50 4.13 93 4w 372.53 Pollee Dept. Hilding Dah1 khn S. Heydt 3 95 386 Clayton Erickson 387 Clargnce Knutson 388 Donald idelson 389 Win V. Hoffman 3 90 Sub-t ot a1 STE!GT DEPT . iWG. Phil Bailey S.J. Roberts P .H . Dahlgren 3 91 3 92 3 93 117 . 50 8.10 109.40 100 . 00 5.40 94.60 100.00 9.40 90 . 60 100.00 5.40 94.60 95 a00 4.40 90 60 55 .oo 5.40 49.60 .5m 38.10 529.40 112 . 50 3-50 109.00 106 . 90 6.40 100 . 50 100 . 00 9.40 90.60