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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