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HomeMy WebLinkAbout19531005_SPECIAL276 9/28/53 The recent death of Mr. Earl C. Sharpe, former Mayor of the Village was reported, and Bank offered the_.follotring Resolution and moved its adoption: PZSOLUTION, AT THE DMTH OF ._EARL C. SHARPE . _ MER=, Earl C. Sharpe served as ; Tayorr,,of .the .Village of Edina for six years, during which time the growth of this Vi;Tlage greatly increased the duties and responsibilities of the Mayor, and IM- EREAS,.Earl C.-Sharpe has been a capable and conscientious leader in the develo xae4_of many improvements trhich make this community a better place in which to reside. BE IT RESOLVED by the Village Council of the Village of Edina, that this Council convey„ tothe family,' of Earl C. Sharpe its _expression of sorrow at the loss of a public spirited friend-of the community. Motion for adoption of the Resolution was seconded -bar Child, and on Rollcall there were five ayes and no nays,_As follows: Bredesen, aye- C4312d, aye; Danens, aye; Bank, aye; and Erickson, aye; and the Resolutio •ram'" d(o pted. ATTEST: - °- � ....... . Mayor... ... .. i(allage Clerk- ....p. « .... _. Chairman of Civil Defense, Richard E. Palen,' was present to submit to the Council his. request of some x$15,000, for Civil Defense purposes in the year 1954; the greater amount of which is to take advantage of opportunities offered by the State for 1urchase of warning signals and other equipment. Bank's motion, that request be accepted for consideration by Council Budget Committee, .Iras seconded by Bredesen and carried. x At this time Child moved for adjournment. Motion seconded by Bredesen and carried. Meeting adjourned at 11:55 PX. 1t�� ►�/. CJ/ ��., A Village .Clerk, - fi I-TINU M OF THE SPECIAL IMMIG OF THE EDINA VILUGE COUNCIL, HE1D.1MN1?AY,. _ OCT6UEi.5,_1953,, AT. 700_P.M._AT_THE ..EDINA, VITGE Pursuant to due call and notice by the Mayor., the Zieeting was convened at the Village Hall at 7:30 P.M. Members answering Rollcall were Bredesen, Child, Danens, Bank and Erickson.-Z.. Affidavits were presented showing publication in the Edina Morningside Courier and .in the Commercial IFest of notice of sale of 5)365,000 Improvement Bonds of 1953; 66,000 Improvement- Bonds of 1951, Series 1 -a; �75,000.Tmprovement. ,Bonds of 1954 Series 2-a and X250 ?000 Southdale Improvement Bonds, First Series,.sealed bids for which were directed by the Council.to be opened and considered at this meeting. Said affidavits were examined, found satisfactory and directed to be placed on pile in the office of the Clerk, and upon motion duly made, seconded and carried the terms and provisions of each of said bond issues, as set forth in said published notice of sale, were approvedj; ratified and confirmed. The Clerk then reported that two sealed bids had been received pursuant to said notice prior to the time of this meeting, which bids were thereupon opened and publicly read and considered, and the highest and best 'bid of each bidder for each of said issues was found to be as follows: 065,000 Improvement Bonds of 1953 Name and Address of.Bidder or A Manager of Biddinp, Account Interest Rate or Rates Premium Northwestern•National Bank, 1p1s.),..<<. .._, ._ t ' A ..­. First National Bank, Mpls., - ) 2.905 4412.00 and Associates . ) (Av.Net Int.. 2.881294%) E.J.Prescott & Co. ) 20755 on Maturities 1956- 1959,Inc. kalman and !Company ) 3.005 on Maturities 1960- 1965,Inc. 66.Q0 Juran & Moody ) Plus.Addl,.Coupons'on all, at rate Paine,Uebber,,Jackson & Curtis ) of 15 „from_3/1/1954 to 3/1/1955 (Av.Net Int. 3.07191$25) 0 X250,000 Southdale Improvement Bonds, First Series Name and Address of, Bidder ...:...................... or Manager of Biddin& Account Interest Rate or Rates Premium Northwestern Xational Bank, Mpls,,) 3.0 on Maturities 1956- 1961,Inc._. *7 SO First National Bank, Mpls., ) 3,2% on Maturities 1962- 1973,Ine. , and Associates . ), (Av.Net Int. 3 «14987 %) E.J. Prescott & Co. ) -_ 3.0 Kalman and Company }. Plus Addl.Coupons on all, at rate 30.00 Juran & Moody ), of 1?.from_3 /1/1954 to 3/1/1955 PaineWebber, Jackson & Curtis } (Av.Net Int. 3.0854671 Trustee Bredesen then offered the following Resolution and moved its adoption: RESOLUTION AHARDING SALE OF IPT!'RO�NT .BONDS _ 1. It is hereby.foupd_,and. determined that notice has been duly published of the sale of the issues of improvement bonds described below, to be dated as of September 1, 1953, and all bids received pursuant to such published notice have been duly examined and considered, and the highest and best bid received for the purchase of each of said issues is hereby found and determined to be that of the bidder to whom such issue is awarded as proveded below: 2« The $365,000 Improvement Bonds of 1953 are hereby sold to NORTMMTERN NATIONAL- BANK, ; .XMNEAPOLIS - FIRST NATIONAL BANK, iv DWAPOLIS, AND ASSOCIATES, at_a.price. of .par.and_accrued_interest.plus a_ premium of..�412.00,. and bearing interest at the rate of 2,90% per annum: 3. The 66,000 Improvement Bonds of 1951, Series 1 -a, are hereby sold to NORTIAMTERN NATIONAL BANK, PTINNEAPOLIS, FIRST NATIONAL BANK, IMMEAPOLIS, AND ASSOCIATES, at.a pricewof par and_accrued.interest,plus. a -- premium of $-Q-2 and bearing. . interest at the rate of 3.0% per annum. 4. The x,¢75,000 Improvement Bonds of 1951, Series 2 -a, are hereby sold to NORTIJIWTERN NATIONAL BANK, MINNEAPOLIS, FIRST NATIONAL BANK, MMEt1POLIS,. AND. ASSOCIATES, _ at _ a, price o f , par _and , accrued. interest. plus a premium_of_0I10.50,_and_bearing interest at the rate of 2.90% per annum. 5. The $250,000 Southdale Improvement Bonds, First Series, are hereby sold to. E.J. PREsSCOTT & CO:, IAA - AND C€MPANY.* JURAN & 1�TOODY, PAnZ, IMEER, JACKSON_, &.CURTIS, _at a price. of par_and,accxued interest plus a... premium of $30.00, and.bearing interest at the rate of 34 plus additional coupons on all bonds at rate of 1% per annum from March 1,..1954 to March 1, 1955. -- 6. The bid security furnished by the purchaser of each of said issues shall be retained- by the Village Treasurer pending preparation and delivery of the bonds and receipt for the purchase price, and the checks of other bidders shall be forth with returned to them. 7, The Village Clerk is hereby authorized and directed to cause said bonds to be printed ih accordance with forms to be prepared by the Village Attorney and approved by resolution of the Council at its next regular meeting. Ilotion for adoption of resolution was seconded by Child, and on Rollcall there were five ay and no nays, as follows% Bredesen e• � ,ayelD_anesn,aye; Bank, aye • d "`r. icks n,��,qy�e; aid the Resoluti7 o ed. , ATTEST • 4, ;r- di age Clerk 10/5/53 46,000 immo vement Bonds of 2951, Series 1-a 277 Name and Address of.Budder. -..... ...... or TTanager of Bidding Account Interest Rate.or.Rates Premiums Northwestern National Bank, Mpis.,) First National. Bank, Mpls., ), 3.0% ,, 0 and Associates . } (Av «Net Ind. _3.0% E.J. Prescott & Co. } rt 3.0% „A_ Kalman and Company ) Plus Addl.Coupons on all, at rate Juran & Moody } of 1 %-from 3/1/1954 to 3/1/1955 Paine,titebber,Jackson & Curtis ) (Av «Net Int. 3.25%) P5,000 Improvement Bonds of 1951, Series 2 -a Name and Address -of Bidder.. . .... or Manager of Bidding Account Interest Rate or Rates Premium Northwestern National, Bank, Mp1s.) . First National Bank' ). 2.90p $110.50 and Associates , (Av.Net Int...2.$7509 %) E.J. Prescott & Co," }r 3.0% � $'25-75 Kalman and Company ), Plus Addl.Coupons on a11, at rate , Juran & Moody } of 1/2 of 1%* from 12/1/1953 to Paine,"Vebber, Jackson & Curtis ) 12/1/19510 ,. (Av.Net Int. 3.07870%) X250,000 Southdale Improvement Bonds, First Series Name and Address of, Bidder ...:...................... or Manager of Biddin& Account Interest Rate or Rates Premium Northwestern Xational Bank, Mpls,,) 3.0 on Maturities 1956- 1961,Inc._. *7 SO First National Bank, Mpls., ) 3,2% on Maturities 1962- 1973,Ine. , and Associates . ), (Av.Net Int. 3 «14987 %) E.J. Prescott & Co. ) -_ 3.0 Kalman and Company }. Plus Addl.Coupons on all, at rate 30.00 Juran & Moody ), of 1?.from_3 /1/1954 to 3/1/1955 PaineWebber, Jackson & Curtis } (Av.Net Int. 3.0854671 Trustee Bredesen then offered the following Resolution and moved its adoption: RESOLUTION AHARDING SALE OF IPT!'RO�NT .BONDS _ 1. It is hereby.foupd_,and. determined that notice has been duly published of the sale of the issues of improvement bonds described below, to be dated as of September 1, 1953, and all bids received pursuant to such published notice have been duly examined and considered, and the highest and best bid received for the purchase of each of said issues is hereby found and determined to be that of the bidder to whom such issue is awarded as proveded below: 2« The $365,000 Improvement Bonds of 1953 are hereby sold to NORTMMTERN NATIONAL- BANK, ; .XMNEAPOLIS - FIRST NATIONAL BANK, iv DWAPOLIS, AND ASSOCIATES, at_a.price. of .par.and_accrued_interest.plus a_ premium of..�412.00,. and bearing interest at the rate of 2,90% per annum: 3. The 66,000 Improvement Bonds of 1951, Series 1 -a, are hereby sold to NORTIAMTERN NATIONAL BANK, PTINNEAPOLIS, FIRST NATIONAL BANK, IMMEAPOLIS, AND ASSOCIATES, at.a pricewof par and_accrued.interest,plus. a -- premium of $-Q-2 and bearing. . interest at the rate of 3.0% per annum. 4. The x,¢75,000 Improvement Bonds of 1951, Series 2 -a, are hereby sold to NORTIJIWTERN NATIONAL BANK, MINNEAPOLIS, FIRST NATIONAL BANK, MMEt1POLIS,. AND. ASSOCIATES, _ at _ a, price o f , par _and , accrued. interest. plus a premium_of_0I10.50,_and_bearing interest at the rate of 2.90% per annum. 5. The $250,000 Southdale Improvement Bonds, First Series, are hereby sold to. E.J. PREsSCOTT & CO:, IAA - AND C€MPANY.* JURAN & 1�TOODY, PAnZ, IMEER, JACKSON_, &.CURTIS, _at a price. of par_and,accxued interest plus a... premium of $30.00, and.bearing interest at the rate of 34 plus additional coupons on all bonds at rate of 1% per annum from March 1,..1954 to March 1, 1955. -- 6. The bid security furnished by the purchaser of each of said issues shall be retained- by the Village Treasurer pending preparation and delivery of the bonds and receipt for the purchase price, and the checks of other bidders shall be forth with returned to them. 7, The Village Clerk is hereby authorized and directed to cause said bonds to be printed ih accordance with forms to be prepared by the Village Attorney and approved by resolution of the Council at its next regular meeting. Ilotion for adoption of resolution was seconded by Child, and on Rollcall there were five ay and no nays, as follows% Bredesen e• � ,ayelD_anesn,aye; Bank, aye • d "`r. icks n,��,qy�e; aid the Resoluti7 o ed. , ATTEST • 4, ;r- di age Clerk Clerk Bank then September 3 and Improvements." file; and Mayor recorded below: 1. PUBLIC 1015153 279 presented Affidavits of Publication in Edina Pforningside Courier, 10, 1953, of several "Notices of Hearing on Assessments for These affidavits were approved as to form and ordered placed on Erickson called Hearings, and Council action vras taken as r ON :ASSESSMENT FOR Construction-of-Sanitary Sewer and.Appurtenances „in_Virginia Ave., IT. 0th St. to W.62nd St.; In Virginia Lane; in Parnell Ave. from Valley View Road to W.62nd St.; In W.62nd St. from Parnell Ave. to Concord Ave.; In Valley View Road from Parnell Ave. to Concord Ave.; and In Concord Ave. from 17.60th St. to 1J.62nd St. Manager Mitchell presented Tabulation of Assessment, and Assessment Roll,shouin_ g Total Assessable Cost to be $44,852.35,_as against 5,972.35 Assessable Feet, for 07.51 per Assessable Foot; of Anich $2.65 is a connection charge to Trunk Sewer B-1, and X4.$6 is cost of lateral` mains. fir. Craig Wing, ovmer of property on the,West side of Parnell. Avenue, objected on the grounds that the developers of Virginia Ave. Addition should be required to pay the entire cost of the improvement. There were no other oral objections, and no'-written objections had been filed prior to the Hearing. (See, later in meeting, "for Resolution Approving). 2, PUBLIC HEARING ON ASSESSMENT FOR SANITARY SEWM WRO MMI NT NO. 52 -- Construction.of Zanitary. Seuter _in Appurtenances ,in W,60th,St., from. Grimes -Ave. West, and in Ralifax Ave. from W.60th St. to a point 177.5 feet South thereof. Rianager Mitchell presented Tabulation of Assessment, and Assessment Roll, showing Total. Assessable Cost to be.$2,402.32 as against 444.05 Assessable Feet, for 05.41 per Assessable Foot. There were no oral objections, and no written objections had'been filed prior to the Hearing: (See, later in meeting, for Resolution Approving),, 3. PUBLIC HIRING ON ASSES&M FOR SANITARY SEUa 1 TROVETMT NO. , 51--Y Construction_ of - Sani Lary. Sept rer .ar;d^appurtenances.an:Ashcroft dove. from11. 0th St. to Valley View Rid, and in Valley View Road from Ashcroft Ave._to a point 289 Ft., more or less, 1Test thereof. 14anager Mitchell presented Tabulation of`Assessment, and Assessment doll, showing Total Assessable Cost to be._$10,136.13 as_igainst 1,634.56 Assessable Feet, for.$6.20_per Assessable Foot; of which 02.65 per Assessable Foot is for a connection-charge to Trunk-Sewer B-1, and.0.55 per Assessable Foot is cost of lateral main. There were-no oral objections, and no written objections had been filed pri.on to the Hearing. (See, later in meeting, for Resolution Approving) 4. PUBLIC HEARING ON RE-ASSESSMENT - FOR SANITARY SMM D PROVMMT NO. 46Y- Construction.,of SaAatary: Lateral .Se`er• and .Appurtsnances_,An -Halifax -Avenue E from - xisting TTanhole_75 feet North of benterline of W.54th Street to W.54th Street, and in W.54th Street from Halifax Ave, to 470 feet East .thereof. _Manager Mitchell presented amended. Tabulation of Assessment, and A "ssessment Roll, showdng Total Assessable Cost to.be $3,125.60 as against 489.5_Assessable Feet, for 4)6.27 per Assessable Foot* ge'e)glained that thib re- assessment will eliminate from the original. assessment roll"an assessment in the amount of $409,50 against the follovring described property: 1 %,75 Ft. of N1/4 of NE1 /4 of NE1/4 of N1#1 /4 exc. rd., Sec. 19, Twp.28N, R.20T111 ;and will raise the assessment of the remaining assessable properties from the original assessment figured. There were no oral objections filed against this re- assessment, and no written objections had been filed prior to the Hearing. (See, later in meeting, for Resolution Approving). 5. PUBLIC HEARING ON ASSESSMENT " FOR SANITARY SEM�DTROVEMENT N_ 0_ 36 -- Construetion -of. Sanitary_ District. Sewer ,and;Appurtenarices,in,.I%tor Street.from Existing Manhole,on North,A.venue to Rutledge_Avenue; and Construction of Lateral Sewer and Appurtenances in-Brookside-Avenue from W.44th St. to Interlachen Blvde and in-Hwy. 169 -212 to Lot 29, Block 3, Grandview Heights Addition; and in . Division St. from Rutledge Ave.. to 250 ft.. East, and in Rutledge Ave. from W-44th St. to S-48th St. Manager Mitchell presented Tabulation_of Assessment, and. .Assessment Roll, showing Construction Cost of the Trunk main,at 034500.65; with a transfer of funds to be.made from Sewer District .�No. 8 to Sewer District No. 36, in amount of $$,900; making net Assessable.Cost for Trunk (or District) main 42$,600.65, or $1.52; plus a 41.00 per front foot connection charge tow Joint Sewer District Rio. 1, for $2.52 per Assessable Foot charge, for all those properties in Sewer District No. 36 which have not been previously assessed for Sewer District No. $.and Outlet Charge to Joint Sewer No. 1. He explained that there will be no trunk (Distriet)charge for those properties already assessed as a part of Sewer.District No. g. Mr. Mitchellis Cost per Assessable Foot for .Laterals was12.33, which, it was explained, is,the highest ever made in Edina. This Is because it is not planned to assess Mff&S Railway for their right -of -way along Brookside Avenue; and also because the crossing at Interlachen Blvd* haa proved so expensive. Mr. Child explained in detail the matter of 'the.crossing of Interlachen Blvd.to. serve Grandview business district. 2Sr. Davenport, and one.other $MS Railway Company representative were present at the Hearing and offered no objections. Mr. Child asked that :Assessment on Lateral.Sewers be delayed for further investigation; still feeling that 012.33 is an excessive assessment. As there were nq objections to the assessment for the District Sewer,, Bank offered the following Resolution and moved its adoptiont 10 %5/53 j RESOLUTION ADOPTING AND CONFIR11ING ASSESSZENT FOR SEER . Al ROWMT .NO* 36_ DISTRICT SEM R . BE IT RESOLVED by the village .Council of the 43 age .of Edina, Iiinn.esota, as follows: ., .. _. 1._,It is hereby found, determined and declared that the'proposed assessment i'Or.SMITARY SEM- IPII'ROV3,1E iT N0. 36 DISTRICT SEUR has been properly. calculated in accordance with the•_provision, of Minnesota. Statutes Section 412.441; that notice has been duly published, at of Minnesota Statutes, Section 412.441., that this Council unuld meet to hear and pass upon all objections, if any, to amend " said proposed assessment as might be ne`oessary, 'and to adopt the same by resolution; that said proposed assessment has at all times since its filing been open for public inspection, and opportunity has been°-given to all interested persons to present their objections; and that each of the l:ots,'pieces and parcels of land enumerated in the respective assessments wa's and° is specially benefited by the construction of said improvement in the amount set opposite the description of each such lot, piece and parcel of land, respectively. 2. The amounts to set our are hereby levied against the respective lots, pieces and parcels of land deseribed"in said assessment, and said proposed assess- ment is hereby adopted and confirmed as the proper special assessment for said improvement: The assessment against each lot, tract or parcel, together with the interest accruing on the full amount thereof from time to time unpaid, at the rate of five percent per annum from the date of'this resolution- shall be a lien Who- current with general taxes upon'the property described therein and all thereof. The total amount of such assessment shall be payable'in equal annual installments extending over a period of ten years, the first of said ibsstal.lments, together with i_nterest-on the entire assessment from the date hereof to August 15, 19543 to be payable with general taxes for the year 1953, and one of the kamaining installments, -v th one yearns interest on that and all subsequent installments, to be payable vi"th general: taxes "forAthe years 1954 through 1962, collectible in the respective ensuing years. ` 3. Prior to certification of the assessment tc the County Auditor., the owner of any lat, piece or parcel of land assessed hereby may pay the whole of such assessment or any installment thereof without interest to the Village Treasurer and thereafter such payment may be made -with accrued interest, to the County Treasurer; provided that if any assessments or instal.lfiients thereof be prepaid to the Village Treasurer, he shall promptly notify the Village Clerk and County Auditor, and the assessment or installment so prepaid shall be cancelled on_the books of the- - County °auditor. 4. The Clerk shall, as soon as may be, prepare and transmit to the County Auditor a certif3:ed duplicate of 'said assessment, rrM each then unpaid installment and interest set forth separately, to be exteinded upon the proper tax lists of the County, and the Coulaty Auditor shall thereafter cause said assessments to be collected in the . manner_provided by law. .Said duplicate shall be designated as the ClAssessment- Roll for SANITARY SM09 311PROVIP= No. 36, DISTRICT SM.MR, and a11, amounts collected n respect of -the assessments therein contained -shall be similarly designated by the County Treasurer and remitted t6 the Village Treasurer and* by him credited to the Sinking Fund Account of 1951 n mowz T, SECOND GERM FUND* Motion for adoption of the Resolution eras seconded by Danens, and on Rollcall there were five ayes and no nays,_,as follows: ` Bredesen,�ye;�hild, aye; Danens, aye; Bank, -aye; and Erickson, aye; and the Resoluti'o r�ras. rdop}ted. ATTEST: -' C � "�. G�'��!.�c,..,,- �'"• --� pillage Clerk . Railroad Company representatives left at this time, `and 1layor Erickson declared Hearing' cl9sed. :_ Later in the evening a small delegation_of- property owners asked that Hearing be re- opened, declaring that they- had been given to understand that it -would not be held until. after 9 :00 P.M.; that they had been present at the vauiage Hail earlier in the evening but. could not get into the Council chambera because of the large crow 1. Ray Copley, 442$ Brookside Avenue, led.the delegation. Mayor Erickson, t�.th, the l consent of the Council, t granted their request;. and the costs were again given, as to both District and Lateral Assessments. There were no objections as to the District assessment, but the delegation was ags to at the- cost for the Laterals, and asked that absessin the Raeilroad Compaanye r its afford them relief. I.r. Copley` advocated full front footage, inasmuch as the right -off wag abuts Brookside Avenue end (should ley this property ever be abandoned as a line) property could be built upon. was apprised of the fact that the Council ; - . not certain that it could force the Railway Company to gay; 718 feet of Railroad prope and that, in any case, only rty can be assessed because the balance of the footage along Brookside Avenue was not qaested included in the assessment district- ct- pimegas�it could seeur-eaV large Attorneytis 1, went on the Lateral sewors until such benefit and that Company be assessed if wa opinion th_ regard to Railroad Company ., On this procedure is found "to be legal. Child's motion, October 1c Hearing order that proposed assessment for Lateral Sewers be continued tQ gaoad Right -of tSay; and Village ager Il Attorney beesdirected to notify Railroad Company offi"ci"als of this that imager 2�t 1015153 281 continuance as of Tuesday, October 6, was seconded by Danens_ and carried.' 6. PUBLIC HEARING ON ASSESSMENT FOR WATER91IAIN UTROV1`fi• MT N0. -(RE- ASSESSMENT . ": Construction .gf_.Vil.7.age.l^Tatermain Extension and Appurtenances.in Brookview. Ave. between- W.54th and IT.55th Streets. Manager Kit chell presented amended Tabulation of Assessment, and Assessment Rolls showing Total Assessable Coat to be 4,831.R0 as against 990 Assessable Feet, for $4.88 per Assessable Foot. He explained that this,re- assessment assesses Lot 16, Block 7, South Harriet.Park for only 90 front feet; adds some road repair costs to the original assessment figured, and thus raises the amount per assessable foot. There were objections as to the condition of the road; with oimers maintaining that very little irork had been done by the Village to restore it to its condition before sewer and water-installation. Also,. there were objections to the method of assessment, with some owners maintaining that "Consumers' Deposits previously deposited as good faith for connection should be reducing the.asses "sment for all property owners. It was difficult to explain satisfactorily that these " Consumers' Deposits are credited against the cost to only those who made the deposits., Mayor Erickson explained, with regard to the road, that further work thereon trill be a maintenance project an.d�not assessable., Child offered the folloi -dng Resolution and moved adoption:: - RESOLUTION ADOPTING AIM CONFI1WJNG P3_ASSESSZ.iENT " - : FOR WATERUM Il!ROV = N0. kl BE IT RESOLVED by ,the .Viliag_e�Council -of-the-Village _of ,Edina, .Miiinesota, as T follows: _ ~1. It is hereby found, determined and declared that the proposed re- assessment for.WATEFHATN 234PROUla NT NO. 41 has been properly calculated in accordance with thq_provisaons_of Minnesota Statutes Section 412.441; that notice has been duly published as required by law, that this Council would meet to hear and pass upon all objections,if any, to °amend said proposed assessment as "might be necessary-, and to adopt the same by resolution; that said proposed assessment has at all mimes since its filing been open for public inspection, and opportunity has been given to all interested persona. to present their objections; and that each of the lots, pieces and parcels of land enumerated in the assessment was and is specially benefited by the con- struction of the said improvement in the amount set opposite the description of "each such lot, piece -and "parcel of land, respectively. 2. The amounts so set out are hereby levied against the respective lots, pieces and parcels of land described in said assessment, and said pro- - posed assessment is hereby adopted and confirmed as the proper special assess- ment for said improvement. The assessment against each lot, tract or parcel, together with the interest accruing on the full amount thereof from time to time unpaid, at toe rate of five percent per annum from the date of this resolution, shall be a lien concurrent with general taxes upon the property described therein and all thereof. The total amount of such °assessment shall be payable in equal-annual installments extending over a period of ten years, the first of said installments, together with interest on the entire assess- ment from the date hereof to August 15, 1954, to be payable with general taxes for the year 1953, and one "of_the remaining installments, with one yearly interest on that and all subsequent installments, to be payable with general ta&,ves for the years 1954 through 1962, collectible in the respective ensuing years. 3. Prior to certification of the assessment to the County Auditor, the owner of any lot, piece or parcel of land assessed hereby may pay_the z•Pnole of such assessment or any installment thereof without interest to the Village Treasurer and thereafter such payment may be made -with accrued interest, to the County Treasb rer; provided that if any assessment or installment thereof be prepaid. to the Village Treasurer, he shall promptly notify the fi:llage 'C1erk and County Auditor,_ and the, assessment or installment so prepaid shall be cancelled on the books of the County Auditor: 4. The Clerk shall, as soon as may be, prepare and transmit to the County Auditor,a certified duplicate of said assessment, with each then unpaid installment and interest set forth separately, =to be extended upon the proper tax lists of the County, and the County Auditor shall thereafter cause said assessment to be collected in the_manner. provided by law.. Said duplicate shall be designated as the "Assessment Roll for Watermain Improvement No. 41," and all amounts collected-in respect of the assessment therein contained shall be similarly designated by the County Treasurer and remitted to the Village Treasurer and by him credited to the Sinking-Fund Account of the 1951 IMPROWENT SECOND SERIES FUND. - Motion for adoption of the Resolution was seconded by Danens, and on Rollcall _there were five ayes and no nays, as follows: Bredes ,aye; Child, aye; Danens, aye; Bank, aye; and Erickson, aye; t elution was adopted, ATTEST: ' Xayor . Village Clerk ............ ff 1015153 7 • PUBLIC PRARING OTd As-4 - gQ?.MNT FOR STORM SETTER IGffIWV aU, YU We 20 -- Construction- of Village Storm Sevier and.Appurtenances in the North South Alley betvreen Halifax Avenue and Xinnehaha Blvd., thence hest through Lot 37, across Iiinnehaha Blvd. to Village property.. Before Manager Mitchell could - present his Tabulation. of Assessment, a written protest was filed by Vol-To Conavzay, ovmer of Lot 9, Block 2, South Harriet Park 2nd Addition -5232 Halifa= Ave., stating that Lots 9 and 10, Block 2 receive, no benefit from this improvement. 2. Bublitz, owner of Lot 10, Block 2, ime present to suppor- Mr. Conavrayts written objection; and when it eras determined that assessment had not been made,,against some. si.gneru of petition for improvement, Child moved that Assessment Hearing be continued for further investigation. Motion seconded by.Bank and carried. S. PUBLIC HEARING ON ASSESSIENT FOR STREET MROVE.MT NO. C-35 -- Grading and Opening of_.Concord- Avenue from,. Southvi.evT -Lane . to IT. 60th_St.. Manager lat chell presented Tabulation of Assessment, and Assessment Roll,_shovring Total Assessable Cost to be.�4,073.42 as against 3,$06.93 Assessable „Feet, for 01.07 pe r _;�ssessable Foot.' He explained that this is for Grading only; that there trill. be an. additional assessment for Gravelling; that project was not completed as to gravelling because of underground construction in the street almost continueusly until novr., There were no objections filed from the floor,, and no tiritten objections had been filed prior to the Hearing. (See, later in evening, for Resolution Approving). 9.. PUBLIC HE=G ON ASSESS2•MNT FOR STOMI SEr7ER 31UMV ANT NO. 1$ Construction. of Village Storm XSewer .in,- .Yvonne_. Terrace; .in Wan-rick .Place between ZT.56th Street and Yvonne.Ierrace, and thence Sauthvrest, over private property to pond. Because this project was known to be controversial, Manager Mitchell presented to the Council four different plans of assessment: Plan 1. -To add cost of Stott- constructed Storm Sewer to cost of Village- _ .constructed Storm Seger; assessing cost of both sewers twhieh are actually one improvement) against the entire assessable,distriet; then giving 625.00?par lot credit to Yvonne Terrace Lots. This plan resulting in an assessment of 1,4007821 par Sq. Ft. Plan-2.-To disregard the cost of Stoll'- constructed Storm Sewer; to assess entire cost of Village - constructed Storm Sevier against entire district, giving Yvonne Terrace properties a 325.04 per lot credit and apportioning this credit over the balance of district. This plan resulting in an assessment of 6.0015 per Sq.Fts for all of district except Yvonne Terrace; 6.00653 for Yvonne Terrace. Plan 3. -To disregard cost of Stoll'-'constructed Storm Sewer; to also.dis- regard.assessable area in Stowis Yvonne Terrace; assessing the lots in the balance of the district for full cost of Village constructed Storm Sewer. This plan resulting in an assessment of 0.0113 for all of district except Yvonne Terrace; 0 -0- for Yvonne Terrace. Plan 4.- To cancel out any intended 625.00 credit for Stowts Yvonne Terrace, assessing full cost, of Village - constructed Storm* Sevier over entire area including Stovrfs Yvonne Terrace. This plan resulting in an assessment of 0.00683 for, entire district, including Yvonne Terrace. It -as explained, once again, to the audience, that Mr. Stour had constructed his Yvonne Terrace line and catch basins, with the permission of the Village Council, at the time Stovrts Yvonne Terrace was platted; that it was soon found that his property was still being damaged because of water flooding it from the vrat.er shed to the North; that Village held proper improvement hearings on construction of the storm sewer in Warwick Place and 1456th Street; that the Stovr storm sewer and the Village storm sewer are actually one i_mprovenent; that the people in the water shed which drains into this sewer share the responsibility for paying for it; that it is not a Village General Fund obligation. Messrs. Kelly, ilhinnery, Horell, Laidlaw, and others objected to the assessment, on the ground that they received -no benefit because their lots are high.. Council reviewed the four plans of assessment presented by Mr. Mitchell, agreeing informally that the assessment under Plan No'. 1 WQ7821 per Square Foot, with a 625.00 credit to Yvonne Terrace properties, ins, the most equitable. Bank then offered the following Resolution and moved its adoption::. RESOLUTION ADOPTING AND CONFIM -MIG ASSESSMNT SE IT RESQLVD by the Village. Council -of,.the,;,iTil,lage. of ;Edina, .1- a nnesota, as 1. It is hereby found, determined and declared that the proposed assess- ment for STORLSE -MR 111PROVEtE N0. 18 has been proporly calculated in accordance with the provisions. of, Minnesota Statutes Section 412.11.; that notice has been duly published, as required by later, that this Council umu.ld meet to hear and pass upon all objections, if any,-to amend said proposed assessments-as might be necessary, and to adopt the same by resolution; that said proposed assessment has at all -times since its filing been open for public inspection, and opportunity has been given to all interested persons to present their objections; and that each of the lots, pieces and parcels of land enumerated the assessment ims and is specially benefited by the construction of said improvement in the amount set opposite the description of each such lot, piece and parcel of land, respectively. 1015153 283 2. The amounts so set out are hereby levied against the respective lots, pieces and parcels of land described in�said respective assessments, and said proposed assessments are hereby adopted and confirmed as the proper special assessments for said Storm Sevier Imprpvement No, 18. The assessment against - each lot, tract or parcel, together -frith the interest accruing on the full amount thereof from time to time unpaid, at.the rate of five percent per annum from the date-of-this resolution, shall be a lien concurrent with general taxes upon the property described therein and -all thereof. The - total amount�of r such,assessment shall be payable in equal annual,instal]ments extending over a period of ten years., the first of said installments, together with interest on the entire assessment from the date hereof to August 15, .1954, to be payable with general taxes for the year.19531 and one.of the remaining installments, with one yearts interest on that and all subsequent installments, to be payable with general taxes for the years'1954 through 1962, collectible in the respective ensuing years. 3. Prior to certification of the assessment to the County Auditor. the owner of any lot, piece or parcel of land assess d hereby may pay-the whole of such assessment or any installment thereof M witherest to.the Village Treasurer and thereafter su-chr payment may be made with accrued interest, to the County - Treasurer; provided that if any assessment or installments thereof be prepaid to the Village Treasurer, he shall promptly notify the Village Clerk and County Auditor_, and the assessment or installment so prepaid shall be cancelled on the books of the County Auditor. 4. _The Clerk shall, as soon as may be, prepare and-transmit to the County Auditor, a certified duplicate of said_ assessment, with each then unpaid installment and interest set forth separately, to be extended upon the proper tax lists of the County, and the County Auditor shall thereafter cause said assessment to be- collected in the manner_provided by law. Said duplicate shall be designated as the "Assessment Roll for STOliff SE -,TER I11PROVEIENT NO. 18,U and all amounts eolleeted.,in respect of the assessments therein contained shall be similarly designated by the County,Treasurer and remitted to the Village Treasurer and by him credited to the Sinking Fund Account of the 1950 DIPROVEWT, FIRST AND THIRD SHRIES. FUND. Motion for adoption of the Resolution teas seconded, by Child, and on Rol.lcall there were five ayes and no nays, as follows: Bredesen, a .1 d, aye; Danens, aye; Bank, aye; and Erickson, aye; and the Resolut' was opted. ATTEST: Village Clerk ........... 10. PUBLIC HEARING ON ASSESaMT FOR STREET IMPROVIIIENT N0. CrM -- Grading and Gravelling...of;Ri.ohm_ and -Drive, in Richmon4. A 11s. 2nd ;Addition; and -of. Sherwood Road from State Highway No. 169 to Richwood Drive: Manager Kitchell. presented Tabulation of Assessment, and assessment Roll, showing Total Assessable Cost to be X10,440946 as against 4,539.33_Assessable.Feet,.,for $2.30 per Assessable Foot. There was a large delegation of owners present to complain about the condition of the street. It includes Messrs. Jim Pearson, Samuelson, and Conigson. Mr. Samuelson demanded to know the exact amount of excavation made, the-exact number of loads of fill, etc., and was told to investigate further with the Village Engineer during office hours. Delegation was informed'that further maintenance of-the street will be a Village General Fund obligation; that they will not be assessed further for grading and gravelling. (See, later in meeting, for Resolution Approving Assessment)., 11, PUBLIC M4RING ON STREET IMPROVEMOT NO. C -40 ASsSEM4EUT _ --- Grading,, Gravelling .an4,04l pg,.of •Nort4 -SQuth alley betvreen Beard -and .Abbott A.ves, and between W.56th and 11.57th_Streets, Manager Mitchell presented Tabulation of .Assessment, and Assessment Roll., showing Total. Assessable Cost to be 4834.95 as against 1,192.78,Assessable Feet, -for $.74 per Assessable Foot. There were no oral objections fi1Gd, and no written objections had been received prior to the Hearing. (See, later in meeting,-for Resolution Approving Assessment). 12. PUBLIC HEAR.ZNG °ON "ASSESSMENT FOR STREET I14PROVEMFM NO. C-29 -- Qradang and GraveWmg .of 4that _Jlley,bgtween,; Beard .and:Abbott - Avenues.. and .between S,T.59th and ti�i.60th Streets. This was a con�tinu�iion of-the assessment hearing held September 24, at which owners whose lots abut the alley on two sides objected to paying for both sides of their lots,.on the ground that they do not wish this so- called improvement and never use it. Officer reported that, should,the Council change its method of assessment for this one project, and assess "corner" property for only its front footage, apportioning the side footage assessment over the remaining properties, the assessment per front foot -mm be raised to 3.79. The owners present at the Public Hearing agreed as to their willingness to,pay this extra amount, to relieve."corner" owners from an unfair levy. Bredesen moved for amendment of the proposed assessment to apportion-side footage of two "comer" lots over all assessable properties, to arrive at an assessment of x$''4,79 per front foot for all. Motion seconded by Child and carried. (See, later in, meeting, for Resolution Approving Assessment). S 10%5/53 13.' PUBLIC HEARING ON ASSESSIENT FOR STREET IrQDi%+3y1E11IT NO. A- 29-- BIACWOPPING of Abbott., venue -b4ween-11.58th. and •11.60th: Sts.. Nanager 1.1itchell, presented. Tabu- lation of Assessment, and.Assessment Roll, showing Total Assessable Cost to be 6$,10$.62 as against 2,353.96 Assessable Feet, for $3.44 per Assessable Foot. There were no objections from the audience, and.no written objections had been.filed prior to the Hearing. (See, later in Meeting, for Resolution Adopting Assessment). 14.. - PUBLIC HEARING ON ASSES%MNT FOR STREET IL'ROVE'.MT NO. A- 30-- BLACKTOPPING of 17. 59th-St,.between,_Beard- and. Xerxes Aves..� iianager.14i chell.presented.Tabulation of assessment, and Assessment Roll, showing Total Assessable Cost to be X7,64$.24 as against 2, ©61.52 Assessable Feet, for $3.71 per Assessable Foot; There were no objections from the audience, and no written objections had -been filed prior to the Hearing. (See, later in Meeting, for Resolution Approving Assessment). 15, PUBLIC HEARING ON ASSESMJENT FOR STREET I!-PFDVR,1.ENT NO. A »32)- BL.4CIKTOPPING OF Tyler &ye.,between ZTaloney_AVe._and Belmore Lane. .Manager Isitchell presented. . Tabulation of assessment, and Assessments Roll, shouting Total Assessable Cost to be 05,176.50 as against 1,21$.00 Assessable Feet, for $4.25 per Assessable Foot. There were no objections from the audience, and-no-written objections had been-'filed prior to the Hearing, (See, later in Meeting.. for Resolution Adopting Assessment). 16.: PUBLIC HEARING ON ASSESMiEff FOR'STREET'IsIPROVMNT NO. A- 35-- BLACKTOPPING of Drew Aherne between %5$th and; %39th_-Streets.. •Itanage. 11i.tchell presented Tabulation of Assessment, and .Assessment Rol]., showing Total Assessable Cost to be X4,775.4 6, as against 3,260 Assessable Feet, for U3.79 per Assessable Foot. There were no objections from the audience, and no vrritten objections had been filed prior to the Hearing. (See, later in Meeting, for Resolution Approving Assessm.ent). 17., PUBLIC Ht;=G ON ASSESSIONT FOR STREET ItIPROVE1MT NO. A 3$-- BLAMOPPING OF Fairfax ,Ave. between 1,4 59th_ and .'C*440th Sts # , JTanager Mitchell presented Tabulation of Assessment, and Assessment Roll,_,shocring Total Assessable Cost to be $4,627.97 as against 1,197.44_Assessable Feet, for X4.70 per_Assessable,Foot. There were no objections .from the audience, anti no vrri,tten objections had been filed prior to the Hearing. (See, later.in Meeting, for Resolution Adopting Assessment). . 1$. PUBLIC HE EJG ON ASSESSTWNT FOR =OT ICiPROVEI-iENT NO. A- 39-- BL.ICETOPPING of All Streets •in _ �Parkwood F of s- Second 4ddition. • Tdanager .rT tchell presented__ Tabulation of Assessment, and Assessment Roll, shoe ng Total Assessable Cost to be X23,122.$3, as.against 3,$$6.19 Assessable Feet, for 65.95 per Assessable Foot. There were no objections from the audience,..and no objections had been filed prior to the Hearing. (See, later in Meeting, for Resolution Approving Assessment). 19 PUBLIC BELBING ON ASSESMJENT FOR STREET' II2MVELiENT NO. A- 416-- BIACKTOPPING OF All Sheets in Par",00d Knolls.- Third�Addition.. Nanager .Mitchell.Presented,..'... Tabulation of Assessment, and Assessment.Roll, showing Total Assessable Cost to be 16,176.$3 as against 2,551.55-Assessable Feet. for 66.34 peryAssessable Foot. There were no objections from the audience, and no written objections had_beem filed prior to. the Hearing. (See, later in Meeting, for Resolution Adopting Assessment). 20. PUBLIC FMARTNG ON ASSFSSIOW FOR STREET itSi RO T. 1ENT NO. A- LO-- BLA.CiCfOPPiNG of Kellogg, •. Avenue .between - 7,54#.•. d.W.A2gd, Streets.. T- Tanager 2•Titchell presented. Tabulation of Assessment., and Assessment Roll., showing Total Assessable Cost to be X21,341.62 as against 4, 5$0.45. Assessable_ Feet, for X4.69 per ,Assessable Foot. There were no objections from the audience, and no written objections had-been filed prior to the Hearing. (See, later in Meeting, for Resolution Approving Assessment). 21. PUBLIC HEARING ON ASSESS:' T FOR STREET t M- Pi ©VEKENT NO. A-1 +57 -BLACT-90PPING of Code Ave.. - between.' t7. 56thStreet.and.,- 14dsor,.L,ve. .Manager TLitchell presented'. Tabulation of Assessment, and Assessment Roll, showing Total Assessable Cost to be $4,779.06 as against $6$.92 Assessable Feet, for 65.50 per Assessable Foot. There were no =objections from the audience, and no {written objections had been filed prior to the Hearing. Child then offered the following Resolution and moved its adoption: RESOLUTION ADOPT3XG AMI CONFMI NG ASSESS11ENTS FOR _59., _ 52, 54; STRe.� T i{if'R�V, IENTS NOS. C=35.,-0-37, C -401 C -29; BE IT RESOLVED by the Village Council of •the�Village •of Edina, .iTinnesota, as follows 1. .It is hereby found, determined and declared that tfie proposed assess- ments for SANITARY SE ER 111PROV3ONTS NOS. 46, 50, 523 and 54; STFMT ETPROVEOWTS NOS. C-35, _.0371 �C -40 d.0 -29; _and,,STREET I1-9PRgYRIEBTS NOS. A-29, _A-30,, x.32, An-35., ?1f35, "A-39, .- 49, .A -45 and -A-46, and- ea, _thin, have been properly calculated in accordance with the provisions of Minnesota Statutes Section 412.441; that notice has been-duly published., as required by law,_that this Council would meet to hear and pass upon all objections, if any, to amend said proposed assessments as might be necessary, and to adopt the same by resolution; that said proposed assessments have at all times since their filing been open for public inspection, and oppor- tunity has been given to all interested persons to present their objections; and that each of the lots, pieces and parcels of land enumerated in the respective assessments was and is specially benefited by the ' construction of the -Improvements for i hich assessment is levied in the amount set "opposite the description of each such lot, piece and parcel of land, respectively. 1015153 285 2. ,The amounts so set out are hereby levied against the respective lots, pieces and 'parcels of land described in said respective assessments, and said proposed assessments are hereby adopted and confirmed as the proper special assessments for said improvements, respectively. The assessment against each lot, tract or parcel, together with the interest accruing on the full amount thereof from time . to time unpaid, at the rate of five percent .per annum from the date of this resolution, shall be a lien concurrent with general takes upon the property described therein and -all thereof. _ 3. The total amount of each assessment for SA VARY SEWIER shall be payable in equal annual installments extending over a period,of_ten_years, the first of said installments, together -mi.th interest on the entire assessment from the date hereof to August 15, 1954, to be payable with general taxes for the year 1953, and one of the remaining installments, with one year's interest on that and all subsequent installments, to be payable with general, taxes for the years 1954 through 1962, collectible in the respective ensuing years. 4. The total, amount of each assessment fors GRADING ,AND GRAVELLING (Street Improvements Nos. C -35, C -37, C-,40 and 0-29, shall.be parable_ in..equal annual installments extending over a period of three years, the first of said installments, together with interest on the entire assessment from the date hereof to August 15, 1954, to be payable with general taxes for the year 1953, and one of _the remaining installments, .with, one year's interest on that, and all subsequent installments, to be payable with general taxes for the years 1954 and 1955, collectible in the respective ensuing years. 5.. The total amount of each assessment for BiACKTOPPI1Ti G (Street Improvements Nos. A-29, A-30, A -32, A-35., A 3$, A-39., A-.4Q,.. A 45 and-A-46) shall be payable in equal annual installments extending over_a period -of five years, the first of said installments, together with interest on the entire assessment from the date hereof to August 15, 1954, to be payable with general taxes for the year 1953, and one of the remaining installments, with one year's interest on that and all subsequent installments, to be payable with general .. taxes for the years 1954, 1955, 1956, and 1957, collectible in the respective ensuing years. 6. Prior to certification of assessment to the County Auditor, the owner of any lot, piece or parcel of land assessed hereby may pay-the whole of such assessment or any installment thereof without interest to the Village Treasurer and thereafter -such payment may be made frith accrued interest, to the County Treasurer; provided that if.any assessments or installments thereof be prepaid. to the Village Treasurer, he shall promptly notify the Village Clerk and County Auditor, and.,the assessment or installment so prepaid shall be cancelled on the books of the County Auditor, 7. The Clerk shall.-as soon as maybe., prepare and transmit to the County Auditor, a certified duplicate of.said assessments, with each then unpaid installment and interest set forth separately, to be extended upon the properr tax lists of the County, and the County .Auditor shall, thereafter cause said assessments to be collected in the manner provided by law. Said duplicate shall be designated as the "Assessment Roll for SANITARY SM2R IIti1.'ROV3,MTS NOS. 50, 52, 54, 46; STRE-T,.I�iP�SlV1iTS NOS. C-.35, - C- 37,_C -�.O and__C -9; STREET 14PROVr120T`S NOS. ,1:251j. 473Q, A -32� - 35, A -3�, � 39, A: 40, i -45 and A- 6 ,.and_.all,amounts_eoliectedFin respect of the assessments therein con- tained shall be similarly designated by the County Treasurer and remitted to the Village Treasurer and by ham credited to _the following Sinking Fund Accounts: From Sanitary Sewer Improvement No. - -, Street Improvements Nos. C-359 C -37, ,C -29, A -291 A_39, A 732 and A --35 .- to the Sinking Fund Account of the 1952 311PROVIRIMNT F"t3ND„'. M From the balan -Qe of the assessments -- to the Sinking Fund Account of the l 1953 tllFh b ",kk FUND. _ Motion for adoption of the Resolution,was,seconded by Bank, and on Rollcall there were five ayes and no nays, ;as follows: Bredesen, aye, C ' d, aye; Danens, aye; Bank, aye; and Erickson, aye; and the Resoluti tread, ed. ATTEST: ISayor Village Clerk .......... ........... As to Assessments excepted from the Assessment for Sanitary Sewer Improvement No. 53, made at the regular meeting of September 2% Manager T?itchell and the Council members who had investigated the properties in the field made the following recommendations: „ /l. That the properties in Indian Hills be given no exception this being platted property and available for lateral sewer service in the future. ,,. 2. That Lots 6,7,$ and 9, Garden Park, owned by Albert 0. Larson, be given a credit of $225.00 fora lake -which lies in a vale con3iderably "lower than surrounding properties and cannot be drained. That the S113 of X/35 of IT-5I$ of Mfl /4 of 'See* 31, Wp.117,R.21; .owned by Francis Pavelk, a be given a credit of X52.50 for 1 A. which cannot be drained*.,- - _ 1015153 That the S1/2 of N2/5 of 11,5 18 of 37:i1/4 of Sec.31,Twp.117,R.2Ir ommed by Alfred Pavelka, be g.ven_a credit.of X105.00 for .3 A. under - rater, which cannot be drained. .• That that property in Sec. 31jnrp.1173R.21, comm. on W.line of SI-11 /4 of Ma /4 at pt Dist.1547- 51/100 Ft.S.from Nt7 Cor. of Sec.; th.E.to pt.on E.line of S�Ti /4 of .Ni -A./4 Diut,.1531 46/100 Ft. S.frorn N.line of Sec; th. S.299- 51/100 Ft.; th. 1T. to pt. on W.line thereof Dist. 299- 51/i00 Ft.S. from Beg.; th. N. to Beg. exe. rd., ovmed by R.Ostman, be given a credit of $70.00 for 2 A. of swamp an.4 creek property impossible to drain. 5. That no exceptions against the original assessment be made for the following properties, for the reasons given below: N1 /2 of lot 9, Auditor's Subdivision No. 196, owned by John Hume. Property -can be,drained and made available for future residential development. VB. Lot 11, Auditorts Subdivision No. 325; 5.50 A. allowed for lake, in original assessment. OYmer, Schaefer. ,/C, Lot 30, Mendelssohn, ovmed by Prescott. Culvert will solve present drainage problem and property made available for < future residential development. Ii5. Unplatted property in Sec. 32- 117 -21, ovmed by Ciskovsky. Property can be made available for future residential development. v,E. Unplatted property in Sec. 31- 117 -21, ovmed by Al, Grosse Same reason as above. , F. Unplatted property in Sec. 9- 116 -21, owned by Carl Tf. Hansen. It is kno-m that It?. Hansen intends, soon, to plat this property and make.it available for residential development. r „G: Unplatted property in See. 31, 1crp.117, R. 21, ovmed by Al Gross. Property -can be made. available for residential �� f development, t VK1. Unplatted property in Sec.32, Tmp.28, R.24, ovmed by McCauley. This property is in a section developing rapidly, and will be available for residential property without difficulty. y.I. Unplatted property in S111 /4 of Ni-TI/4 of See-31, Twp.28, R.24, ovmed by Chapman- Normandaie Development Corp. Preliminary. over -all plat has been iiled,for this property,_shoiring intent to develop it residentially in the near future. 1 J. ' Unplatted property in Sec,30,Twp,28N, R.241, ovmed by Forster. Property can'be drained and made available for residential development. (Same reason L,q, Unplatted property in Sec.313Twp.117,R.21.o%med by Sime. above. Banks s motion, that Council accept the recommendations of the Village 1 anager d council committee, and allow, or disallow., exceptions accordingly, was. seconded` by Child and unanimously carried. Bank then moved, directing the Village Zianager to -Trite all those ,-lno have filed exceptions to Assessment for Sanitary Sesser Improvement No. 53, informing them of the Village Councilts action_ taken this evening. Motion seconded by Danens and carried. , CHILD -then offered the follovring Resolution and moved its adoption: _ . RESOLUTION ADOPTING AND CONFIRIUNG ASSESSMENTS FOR. SANITARY, SEi1ER ITff'i E-JENT N0. 53 BE IT RESOLVED by the Village ,Council_of ithe, village. of _Edina, Iu nesota, as follows. _ - - - - - . following 1. It is hereby found, determined and declared that the /proposed assess- ments for SANITARY SEPTER It- TRcOVEtIENT NO. 53, and each of them, have been properly calculated in. • accordance with _the _ provisions of 2iinnesota Statutes Section 412.441-: 4d that notice has been published, as' required -by law, that this Council would meet to hear and pass upon all objections, if any, to amend said - proposed assess -» ments as might be necessary, and to adopt the same by resolution; that said pro- posed assessments have at all times since their filing been open for public inspection, and opportunity has been given to all interested persons to present their objections; and that each of the lots, pieces and parcels enumerated in the respective assessments was and is specially benefited by the construction of the improvement for -which such assessment is levied in the amount set opposite the description of each such lot, piece and parcel of land, respectively: 1. All lots in Indian Hills Addition are hereby assessed at the rate of ��1.00 per. front foot, i4th a 150 -foot maximum per lot. 2. ^he,llorth 1/2 of Lot 9, Auditorts Subdivision No. 196 is hereby assessed for 1$.$_A. at 35.00 per A., for 6659.00. (home) 3• lot 11, Auditor's Subdivision No. 3�5, is hereby assessed -for_, 11 14 A., at 035.005, for ;x+91.00 , (Schaefer) 4. N.610 Ft. of `Lot 303 Mendelssohn, is hereby assessed for - 660 front feet.,-at, :1.00 per front foot, for {660900. (Prescott) 5. That part of the N.202 -7/10 Ft. of Lots 6j,7.,8, and 9 Garden park leg i•T.of line desce as follows, coma, (Continued next page) 6. 7- 8. 9- 10. ll- t r 12. 13. 14. 15. 10/5/53 a pt 55 -6/10 Ft. W. from W.line of RR R/W and 265 Ft. N. from S.line of Lot 6; the N. 3 Deg.,E- 1.46 Ft.; th._N. 20 Deg., E.630 Ft.; the N. par with E.line _of Garden Park Addn. to S.line of Eden Prairie Road, is hereby assessed for 1380 Front. Feet at $1.06 per Front'Foot, less $408.00 Credit for - Outlet Charge to Trunk B�-1, and less $225.00 credit fo_r Lake.' for a net assessment of $748.00 (Larsen), 51/2 of N215 of 1115/8 of SHIA of Sec. 31, Twp. 1171 R.21, otmed by Alfred Pavelka, is hereby assessed for 19.60 A., -less 3 A. for Lake, for net assessment.of 16.60 A -' at $'35.00, fbr $582.00 (A.Pavelka) S113 of - N315 of W5 /8 of. sia /4 of` Sec.31, TiT. 117, _ 4.21, is hereby assessed for 19.60 A., less 1.5 A. for Lake, for net assessment of 18.10 A. at 03540, for 8634.500 " (F.Paveika) That,part of Sec. 31,Tvvrp.117,R.21, "comm. on W.line of, 3111/4 of M11/4 at a pt. Dist -1517- 51/100 Ft. S. from 'MT Core of Sec.; th.E..to Pt. on E -line aof 4111/4 of JkA Dist. 1531-46/100 Ft. S. from N.line of Sec.3_ the .S. 299 - 51/100 Ft- ;. the W. to a Pte on the il.line thereof Dist. 299 - 51/100 Ft, S, .from Beg.; th. N. to Beg.,.exa- rd.,.is hereby assessed for 9.04 A., less 2 A. for Swamp and Creek, for net assessment of ~ 7.04 A. _ at 835.00, for $47-40 , (R.Ostman) That part of Sec- 31-Twp.117,R -21 "comm, 471 -5/10 Ft.' _ E. of NU Cor. of -SEl /4; the S. 1668 Ft. to Ctr. of. Eden Prairie Rd.;_the MY along same 297 Ft.; the Nly 1486- 5 /10_Ft. to a Pt. on N. line of SE1 /4 Dist. 295 Ft. E. from beg.; the We to Beg._exc.rd.er is hereby assessed .for 9.41 A at.635 -Q0, for 0330.35 (A.Gross) E.60 Rds. of SV11 /4 of Sec. 31 Tarp, 117, R- 21, described as' follows:: "Comm. at the NE Core of Sf11 /4; the W.60 Rods; the S. iio a pt.' di,st. _577 ft- N. -from S.line of See; the E 180 Ft.,* .th. S. to ctr line of State Hyd16q; the IVE1y along said ctr.line to the E -line. of .S€ ^71/4; th. N. to Beg." is hereby assessed for 43.91 A.at $35.66.-for $2,737.85. (Sime) That part of Sec. 32,Tvrp *117,R.21, "comm. at 113/4 Core;-_ the 5.510 ft.along W.line thereof ;th.SEly 902- 3 /10,Ft. along line running to pt. in E.line of M/4 of STELA Dist.849 ft. S.from NE cor.thereof; th.Nt par frith W.line thereof to Ctr. Line of Hwy; th.S11ly along said Ctr.line to beg., ex.rd..'► is hereby assessed-for t, T 16.70 acres at 635.00, for $585.85 (Ciskovsky) That part of See, - 30,Twp.28,R.24 'tcomm. at pt.888 Ft.S. N, of N.line of said N14/4 of P1 /4„and 255.8 ft.. E. _of. W.line of said NEl /14; th.N.... and parallel to lf.line of said NE1/4 563.7_ft. more _or less to center line of darrison Lane as nozq laid out and travelled; the SEly along centerline of Garrison Lane to its intersection with line drawn -parallel to and 340.8 ft. Be of W.line of said NEIA of Sec-30; th.South along said parallel line to a pt. 888 ft. S.of N.line of said NE1/43 the ^1.85 ft. to pt. of beg.,except easement over N'.30 ft. for rd, purposes."t is hereby assessed for 1.30 A. at $3540- $45.50,leos 4)12.00 for Outlet Charge to_Trunk,B -1, for Net Assessment of 833.50 (Forster) 111./2 of M-4 /4 of SWl/4 of Sec. 32,Twp.28,R.24, is n hereby assessed for 18.50 A. at $35.00 for $648.50 (McCauley) The following properties,- - oimed by Normandale Development Corp., are hereby assessed as follows: A.NEI /4 of 31fl /4 of Sec.31- 28-24- -for 39.00 A. ) C $35.00, _for Net Assessment of $1,366.00 ` B.M41/4 of Sk /4.of 6ec- 31- 28 -24- -for 43.58 A, Q $3$.00, for Net Assessment of $13526.30 C.S��TI. /4 of Sill. /4 of ' Sec.31- 28 -21F- -for 43.37 A- ), (Chapman of C $35.00,for Net Assessment of 51,518.95 _ ) _Normandale D.6E1 /4 of :kjl /4 of Sec.31- 28 -24- -.for 39.00' A. )` Development 0.G35.00, for Net Assessment of $1,366.00 _ Corp.) E.SZF1. /4 of SE1/4..of Sec.31- 28-24- -for 39.00 A. ), q.635-00, ,for Net Assessment of $1,366.00 ), F. ,51114 -6/10 Ft. of_that part of SWi /4 of Nk /4 of Sec.31 -28 -24 lying W.of E.661 .4/10 Ft, thereof) and that part of E.661 -4/10 ft. of 111/2 of NAT 1/4 lying S of N 1317 -10 ft. thereof --for 39.40 A) 0 035.00, fax Net Assessment of $1,380.00 That,all platted,. areas in the Parkgaood Knolls Development, including those areas on which preliminary plats have been f :1 iled, shall be assessed at rate of .00 per front foot, In 1 IA.. Y rrl �'t��,'( ti", l'MI'M. , (C.Hansen) l K* 208 10/5/53 2. The amounts so set out are hereby levied against the respective lots, pieces and parcels of-land described-in-said respective assessments,,and said proposed assessments are hereby adopted and confirmed as -the proper• special assess- ment for said improvement. The assessment against each lot, tract or parcel, together zrith the interest accruing on the full amount thereof from time to tune unpaid, at the rate of-.five percent per annum from the date of this resolution, shall be a lien concurrent frith- general tames upon the property described therein and all thereof. The total amount of each such assessment shall be payable an equal annual installments extending over a period of twenty years, the first, of said installments, together with interest on the entire assessment from the date hereof to August 15, 1954, to be payable frith general taxes for the year 1953, and one of _the remaining installments, with one year's interest on. that_ and all subsequent installments; to be payable -with general taxes for the years 1955, through 1972, collectible in-the respective ensuing years. 3. Prior to certification of�the assessment to the_Coupty Auditor, the otmer of any lot; piece or parcel of land assessed hereby may payer the_whole of such assessment or any installment thereof ar#hout interest to the Village Treasurer and thereafter- such payment may, be made with accrued interest, to the County Treasurer; provided that if any assessments or Installments thereof be prepaid, to the Village Treasurer,- he shall promptly. notify the Village Clerk and County Auditor,. and the. assessment or installment so prepaid shall be cancelled on the books of the County Auditor. - 4. The -Clerk shall, as soon as may be, prepare and transmit to the County Auditor.a certified duplicate of said assessment, frith each then unpaid installment and interest set forth separately, to. be extended upon.the proper tax lists of the Coudty, and-the County Auditor shall• thereafter cause said assessment to be colIected°in the manner_ provided by law; said duplicate shall be designated as a part of the "Assessment Roll for SANITARY .SM-M 111PROV22,00 NO. 53, and all amounts collected in-respect of the assess ment_therein_,contained.shall be similarly designated by -the County Treasurer and remitted .to the Village Treasurer and by him crddited to the -Sinking Fund .Account of the JOINT SEMMR IMPR.OVEt ,MIT FWD Or 1953• - T Motion for adoption of the'Resolution -was seconded by Bredesen, and-on _ Rol Icall there were five ayes and no- ,nays, as follotrs: n Breen, aye; Child, aye; Danens, aye; Bank, aye; and Erickson, aye; ^ and the Rfes lut' o ias adopted. ATTEST: ! `Mayor . . . . ... . . . . . R ' Village—Clerk.',..... r Discussion was then had with regard to that exception against.Banitary Server Improvement No. 53, filed by F.J. days; for 177 A. in the South 3/4 of Sec. 7, Tovmship 116, R. 21. Hanager.tZitchell informed tha. Couac;.l. he is sure this objector-has some credit coming; but that Tenn City Testing Laboratories should be called in to make Tsoil borings before Council acts, finally, on this particular exception. Bhildts motion, that,Ttrin City Testing Laboratories be employed to make three testho:.es on the Hays property; one at a. spot to be designated by Mr. Hays, and tuo to be selected by tar. Mitchell, waa seconded by Danens and carried. Review tras made of the proposed - Budget for the Year 1R54. lair. Bredesen again advocated the sale of General Fund Bonds to pay #for construction of the New Village Hall. He'stated that such a program trill give new residents, throughout the years, a chance to- share -in financing this project. Mr. M- adhorstts opinion, that a bond election 1sf legal, even though Council has already entered,into . contract for construction, eras reviewed. Office then reported that the County Auditor states he can make no change in budget levy unless he is notified very soon, as figures are compiled - im mediately after the State levy is in—which is November 1. This would preclude any plans for a bond electron, inasmuch as 30 days' notice of such an election must be given.,, Further discussion was then had on budget figures; and' Bank moved for adoptions, of ,a toFtsl budget of 29 llil ls-- X350,900.00 on a $12,1002000 assessed valuation- -frith individual items of budget to be settled at a later date. - Motion was seconded -by Child and unanimously carried. ' Danens, then moved for adjournment. Tiotion seconded by Bank and "carried. Meeting adjourned at 12:15, Tuesday, October 6. ... Village Clerk c V. t.