HomeMy WebLinkAbout19531026_REGULAR2 8.
". .. - I-- .". '. Nmbers ansvrer&g RoU&sl. wsre Bredesen, Child, D&ens, Bank and Bickson.
The first matter on the agenda vas the taking of bids on seyeral &provement
projects. Clerk Bank presented Affidavits of Publication for "Advertisement
for Bids,I* published in- Edina-Morningside Courier and Construction Bulletin,
October 15 and 22, 1953, which affidavits were approved as to form and or'dered
placed on file. Pursuant to advertisements, Bank moved that bids-on the follow- ing projects be referred to the Assistant Village Engineer, for public opening
in the Engineerts office, and report later in the meeting. This motion was
seconded by ChiJd and carried, 3:- -3 -% -2 -% Later in the evening Asst. Engineer Zikan presented opened bids, which were Zound to be as follows:
STOREX SEXEB IN GRADING AND GRAVELLING *
(Ut) ,. A&%. (Orig.) 65th.TO 66th AND ,IKIODD&E 60TH ~3tiO~~ EOSEPHDJX AW *.%GARRISON Lo
.I *, - Terry Exc. Go. -$33,047*30 ._._- $39,459.80 . ..
Phelps-LDrake Coo 45,556090 549 4520 90 - .- 1.
Peter Lametti Const. 33,237.U .40,723036
Lametti& Sons- 37, 43-9 072 43,74% 68
O'Brien Coqst. Coo 36,895021 44,207.66 NO BIDS NO BIDS
Orf ei & .Nariianf 38,950013 r 47,055088 Bart Carlone 40,838025 49,345025 Danens then moved for referral of bids to Village mgineer for arther report
as soon as possible. Motion seconded by Bank and carried.
Chairman Strachauer of the Park Board presented the completed "Park and Recreation
Survey,11 compiled by Dr. Fitzgerald of the University, and his,staff. He asked - that a study of the report( be made by the members of tne CouncXI.; and requested
a joint meeting with Council and Fark Board soon, so that Bozird may secure the
Council's reaction to the report... Mr.. Strachauer informed. the Council that the
Board is appoinking a cormnittee of citizens to give an opinion on the report.
Lt having become apparent at this point, that the Village Hall would not
accommodate the large audience present for the severa1Publi.c Hearings scheduled
for this evening, Bredesen moved for adjournment to the_Codty Room of the - Edina-Morningside High School. Notion seconded by Bank and carried. Heeting
adjourned at 7:35 PiM.
At 7:40 P.M. , Meeting vms reconvened at the Edh4forningside --€ti.& School, with
all menbers of the Council present.
14ayor Erickson then announced scheduled Public Hearings on the following three
petitions, which he announced would be censidered as one Public Heasing:
I
..
1.
2,
Petition of Edina Commercial Club for Pasking Lot h 50th and pace
?usiness District. ~
Petition d Zund-Khse, kc.i ior-pedi to conkmct four double
dwellings on Worth 135.'Ft, of 1h!+o Ft, of Lot 36, ad Horth 135 Ft. .
of Lot 37, Auditor * s Subdivision No. 17213.
Petition foy Rezonjng_to Xormnunity Store,District, the ?South 92 Ft.
of 11. 40 Ft, of Lot 36, and S.92 Ft. of E.70 Ft. of I&-37, Auditorts
Subdivision No. 172,11 by First Edina State Bank,
-
3.
Clerk Bank presented the proper Affidavits of Bblication (in Edina-Norningside
Courier October 8 and 15) and of-Posting (on tkee official bulletin boards,
October 15), which affidavits were approved as to form and ordered placed on
file; all affidavits being for lWotice of HeaJI.ingll.
An audience of between 250 and 500-persons heard Attorney Hosmer Brown, as a
member of the Parking Committee of the Edina Commercial Club, plead for the
proposed parkipg lot as 1'8 mtter of life or death" to the business establish-
ments in this district. Jtr. Brown stated that the,proposed lot would increase year-around pbrking facilities from 4IA cars to 870 cars. He stated frankly
that tKe Commercial Club does not yet have an accurate estimate of the cost,
but stated that, should the cost. be even as much as $400,000, the merchants at
the corner could afford it.
that Edina lose no assessed valuation from the acquisition of the lots; ,that the full cost and upkeep of the lots be assessed against the benefited propert;ies.
He stated that, in the opinion of the petitioners, the lot id11 greatly improve
kraffic cpnditions in the area, inasmuch as the petitioners %rill then be in favor of the Councills removing parking from W.5oth Street,
&om askedxhat the,.Council adopt the proposed park&ng lot plan, with the
provision that, should'yetitioners be unable to present Council with an
estimate shotring that the total cost will not exceed $400,000, the Council is
perfectly free to rescind its action and reconsider the matter.
..n
He stated that it is the intention of the petitioners
,
In closing, Bb?.
10/12/53
3fP* $0 3, RouZer, 49% f.Taple Road, spoke as \Chairman for a group of dete-ed
ProPedY oi.mers of Edinar He asked that the-group +he represents be given more
time to prepase rebu*al,to 1-k. Brownts talk; that the paup believes - 1,
the cost of this proposed inprovement..may ultimately have to be spread as a . genera tax; 2. That no public purpose is to be served by this project; 3, That .
the prdject trill reduce Village tax reverhe; ,,$, That it
of prope&y owners outside Edina;
in Edina or othemrise, TXr, James A, Pause, 4835 Ibfaple Road, represating the
sane group, presented pictures taken et 10:30 A&, 1:lS P.Pf., and 4:30 P.&, on Satwdw, October a, to shox the parking situation i+ the business Gstect at
those times. 3k. Pause stated %hat he? had lived In the VZUage for, thirteen years and that he had alpYs, during that time, been able to park within a stonets
tpopr of t& estfjbf&~~thgf~~+y&~a gpyYpt Nr. Pause presbnt ed petitions
&!@%g ae f%a?
nay have =ore &formation on this subject, dttorney Karl H. CoveU, representing
NrO and 142s. Leo Nolan, added his plea for continuance, Attorney Fqberger, repr6segting Dr.* Harry Jensen, stated that in his opinion. an esthte of $400,000
for"inpmvernent is phony inadequate ad that the estimated cost of maintenance
5s conserva%ive. He asked that Ilea;Fin*g,be continued qtil such tSme,as further
fiwes are pres&ed byproponents, Wbrney Fred Clausen, representing the Starrchfie3.d Merests, asked why it,is-@eemed necessary for the Village to
acqyire parking lots already presen$ and assess them back to the,people. also requestedthat Village &ttorney be.askedto secure an Attorney Generdts
opinion as to the legality of this pmcedure, BredesG then moved for conkinuance
or" Public Hearings on Proposed Parking Lot, petition for double dwellings permit,
ar&Apetition for rezo-g, unta Xmday, November 16, at 7:30 P,~L ZIotion seconded
Hapr Erickson then announced Continuation of October 12th Public Hearing on the
Proposed Stomp Sewer in the 60th and Chowen &ea, Summary,pf October 12th Hearing*
showing on a mag the properties petitioning againstv.said improvaent, vas presented.
Child then moved that Public Hearing be continued to first RegulaY. Council Xeetkg
in $lay, 1954, to give owners %he experience qf tktq results of another winter
t&thoqt the hprovement. Notion seconded by Bank and carried, BIr, E.G. Therenell
of Thernell Gonstruction Company, recgested that Council reconsider and order fn
the. improvment now, but no further action .was taken,
AffLdavit of Publication in Edina-Nomingside Courier October 15 pd 22, 1953, of
'_'Notice of Heging-Proposed Watermain Tmpmvement,I~ ?as presented, appmved as to
form, and ordered praced on file; and, .pursuant t0,d.d Notiqe, 14ayor Erickson
announced Public Hearing on proposed Iratemain Tmprovement in Nelody Knolls and
the snrqtqd5ng area, Eanager Xitche-&l explained the pmposed route (rg the krt,
which begins some 1% feet Vest of the Concord $venue Vater Tower; tho TJ, along
an easement to Highway No, 100; tho under the Highmy;.th. South to Benton Ave.;
tho West on Benton to Tingdale; tho Nodh on Tingdale to Grqve; tho 11. on Grove
to Hqnsen Eoad; with Zaterals to be constructed in l-felody Xnolls as pr petition.
3k.. $Etche&l explained that connection of Nelody Knolls wibh the If.56th Strget
__ &e (origirdly thought possible) will not furnish suf@cient pressure for fire protection ad therefore is not feasible, I&. &i.tcl?elll s Estimate of Cost yas
$47,821.32, for a Trunk Cost of $l& pes Asseqsable Foot, a Lateral Cost of $5.60 per assessable foot. These were arguments pro and con;,a*petition vas filed
by five property owners, against the improvement; at one poht s1 the Heasicg,
five otmers in.-%he 5lOO Bock on Bentan asked to go on recard-b favQr of the
project; it vas pointed out that insurance rates are lowered for those tdthin
1,000 feet of a hydrast;; many questions were askedwith regad to the assessment
method, and there seemed to be considerable confusion on the pad of many owners as to %ðer they would bear trunk, later&, or both assessments. l-hyor Erickson
cdled for a show of hands, as an infomalt vote on the imprOvaent, and this
seemed to be about fifty-fifty, Rradesen then moved for a continuance of this
Heshg to %he next, regular meeting, Novaber 9, in order that owners who have
individuaJ. assessment, problems might get them clarified at the Vslage Ha33 before that .time. Notion seconded by Danens and carried.
This being the end OS: the, public hearings scheduled fo& thi& evening, C&d
' moved that Regular Sleeting be continued at the Village Hall in ten minu%es.
3.io%ion seconded by Bredese and camied.
kt 9~55 p,&, neet& was reconvened at the Village Hd, with all members
preqnt., .
A hrge delegation 3~s present $0 subdt petitions Of dong qork ad Grxes ~vmuees, proteesting the possibuty of $he COunCil'S
desiwatbg York .and &??xes &mIues in the Village as One-TaY streets*
petitioners Irere told that tihis matter is not yet before the Vfilage comcfi;
that, bsofa;r as Xerxes ,Avenue is concerned, 3beaPOljS and Edina 'Wt act
together, to desisate 5% as one-way; that a Public Hearing 7fiI-l- be
before any formal action is t&en.
a;nd ordered placed on file. Notion seconded by DaenS and carried*
22
That
,' ',
serve the interests 5. That it .r.rill not solve the traffic problem
I
en &ys conk&uance o t earjng,, in order tbt the group
He '
by Child and carried. .a
alleged 100% of O~mers
2
Child motyd that. Petition be
'.
23 10/26/53
Representatives of Northwestern Bell Telephone Company were present for a
discussion with regard to proposed increase in rates, if there were any disposition on the part of the Cornparry as to division of
rate increase between business and private lines. He vras anstrered to the effect that this matter is the jurisdic%ion of the Mllvay and ITmehouse *
Commission. 15r. Bredesen thentasked if there were any disposition on the pa& of the Company to make a division of rates between those areas' where
the Company is loshg money and the profitable area. The anszver vms no. $he representative stated that the Company Is now spending some $660,000
for new cable in this bmediate are& There was no action taken, by the Council on this matter. c
Petition was filed for permit to build a dwelling the long way of the lot,
on Replat of'Block 4, Lot 4, Valley View Slope Addition, frlra Roy Peterson, petitioner, claimed that because of surrognding platted area he could do
nothing else with his property than plat it as sek forth; thatt he now has
a customer who wishes a rambler on this propert$. Public Hewing on petition be scheduled for Monday,.,Novembeg 23; at 7:30
PONO, was seconded by Bank and carried.
Mi?. -Re E, Ericksonrs request for condemnation of '20 feet on PJatema& 4-venue, in order that property might have street access, was reviewed. Child's motion,
that matter be referred to Vinaie Attorney Windhorst, with direction for him
to negotiate for street dedication, -was seconded by Bank and carried.
Petitions were filed for Grading and Gravelling, and for constYuction of
Sanitary Sewer & in Xerxes kvenue between lT075th and W.76th Streets.
E&, Domtaq, representing Lyndale Builders, Qc., supported the petLtions,
stating that while final plat had not yet been presented, developers would
like Council policy on improvments in the Street.
of petitions, with Public Hearings to be delayed untg afterr plat has been
s'ubmit'ced to Planning Commission. Hotion seconded by Danens and carried.
Ifanager Ifitchell reminded Council that developers are usually required to
grade, themselves; but no further action was takenatthis the.
I&. E.C. Stow asked that Council re-approve plans for pump house in Brookview
Heights First dddikion. Fanager Mitchell explained that phhs have been
changed since first approval; that building is to'be 26~8#, to house
tanks; that Mr, Stow trill not take-bids on thjs project.,because he feels
that he can have-the work done more cheaply by his mm crews; and that
actual constmction plans have changed since this project vras first
discussed,
and carried. decision as to -whether to use brick or cinder blocks-and-stucco.
seconded by Damns and carried.
Mr. IlcGubrey, District Engineer for the Minnesota State Highway Depart~nent,
presented to the Council a revised plan for State Highway. No. 100 .(NomndaZe
Road), hmlving some change in grade, elbiqatron of a1 proposed sem5ce
roads North of W.63rd Street, and a' divided Highway, with two 24-foot road-
vr~s divided by--a 30-foot island,
vrhich Trustee Child moved for gederql approval of plw, with details Lo be referred to the Public Works Committee for Study and to make Sure that Pro-
posed grades are. not hamnful to built-up areas. Motion was seconded by Bank
and carried, Friday, October 30, at 8:30 A.M., was set ak time for Public
Notice of Claim filed by Maxine F, CGstens, for #31&0,00 daraages to her automobfie, caused when she alleged& ran ht0 a WIlhole sticking UP in the
Street, ms revievred by Council. Child's motion, ,that Claim be referred to
village Attorney Ifindhorst for investigation, VTiES Seconded bY Bank and wrried*
I&. Bredesen asked -
,
.
dredesenfs motion, that
I
.e
I f
1
Childmoved for acceptance
*
Child moved for approval of plan. Notion seconded by Danens
Hotiod
Child then moved that 35r. Stow be. authorized to makeliia om-
Considerable discussion was had, aftec
jforks Committee Neeting, with &bdhbreY-to be Present. .. c.
1)
Nanager &-kchell presented Contract for Gas3ervice Tor New Village Hall,
stating that this is a verygod rate; that service is interruptible; that he
recommends that contract.-be signed. Cud so moved. .Motion seconded by
Danens and carried, *
&, George Ettner's request for construction of a sidewalk between the Norih
end of ParnellA+enu& and the new grade school was discussed,
that reguest be-denibd, with advice to Rr. Ektner that sidewalk cons$mction
must be assessed to properby owners abuttillg the walk, was seconded by
Bredesen and carried.
Cl$l.dts motion,
Manager 3E%chell reported fia R, C, Johnsonts request for the re-opening of
Cherry Lane (vacated some years ago) .to eliminate the hazard of the IJind Road Crossing at Nomand-ale Road, Ar"ter,a retiew of the Cherry Lane vaca&ion pro-
ceedings, Bank, moved that petition be denied, Motion seconded by Danens and
*
carrjed.. .
24
Petitions were filed for Sanitary Sewer and TTatema5.n Jhpmvements in the €OXLOIT-
ing streets:.
Vest Ziodland Road betwe-en Con&& Avenue and Tloodd&e Avmue
Concord Avenue- between 11,TIoodland Road and Coqyrd Terrace
St . Johns Avenue between- >[.jroodlmd-aRoad and-South boundary of .
Sbcke & Hansonts Concord Terrace. .. ..
i
Childis motion, that petitions be accepted, and that Public Hearings-be scheduled
for Sbnday, February 8, 1954, yas seconded by Bank and carried.
Council reviejied petition for Sanitary Sewer in Bernard Place between TT.56th St,
and Grove St. Bredesen moved $'or acceptance of petition, scheduling PubEc Heasing
for Nonday, February 8, 1954. Notion seconded by Danens and carried.
Council reviewed applj.catiqns of Naegele Advertising Company for permits to erect
outdoor'advertLsing signs at the following locations: c At Highway No. 5, 150 Ft, E. of GahXU €load (Sasek Property); sign to be
At kghay No, 5, 200 Ft. X. 9f Cahill Road (Msek Psoperty); sign to be
These-signs having received the approval of Ckpk5.n NcGary of the Police Department,
Bredesen moved for approval of permits. Notion seconded br Drn~Qs and caxried. -
The +plication of N&dquist .Sign 6ompany for a 5*d* sign at France and 54th
Street, and tq advertise &i.nneapol&s EXultiple LisWng Exchange,. was presented.
1%. Richard Ofson's notation accompanied this application, stating that the sign
has -@rea* been erected; that it 4s 4.0 feet in area; that it is tdthin 90 feet
from dwellings, and that it is erected ahead of the estabzshed building line.
Childts motion, that Nordqist Sigq Company be ordered to remove sign at once, -
yas secunded by Bredesen and cayried,
. 6txI.z' aqd to &vert%se hcmorn Cafe
- &&2t aqd to qdvertise Forn-an-Ford Paint Go, n-
c I
Nordiist Sign Conzpanyts application for parmit to construct a sign at. the SI7
corner of ,yOth and Wooddale, advertising Creston Hills, was discussed. Xr._9Lson~s
notation, to the effect that this sign will be less than 500 feet from the nearest
dwelling, was reviqwed,
Dmens and carried,
Child moved that petition be denied. Hotion seconded by
iordqyist Sign Companyts application for permit to construct, a 5tx8r sign it
comer of 63rd and Normdale Xoad, advertising Ebeapolis i.iult;Sple Usthg
=change, came to the Councll. @thout comment.
cation be referred back to the Police Depar%ment -for ;investigation, was seconded
by Danens and carried. ..
Building Sup%. Voekiter recomended thit the pne of *lSteJohns" Avenue, ,& Stocke
and fiansonts Concozd Terrace, be changed to ttFaSrfax?_Avenue.- Bredesen's motion,
scheihzling,hblic Hearing on this proposed street -e-change be schedtilod for
Eonday, Novder 9, vas seconded by Child and carried.
public Utilities Supti. Woehler reported that the State Board of Hedhh has
Tecomended ctiLorination -of the Edina water s.ystem-.to fight iron bacteria. He
stated %&at equipnent €or same .can be acquired on a try-rental basis, at $331.00
per month, wL%h rental to be applied against purchase price should it be found
that equipment is satisfactqry after a few months' trial per5od; that he believes
the entire system can be chlorinated from the Soutihview Lane Pumphouse; that the
full cost of equipment should be some $1,980.00; that an,addi$ional space will
be necessary at the pumphouse to house this ecpipmat away from electric controls.
Childls motion, that Village arrange for rental Q$ chihoz%qtion eguip&t as
suggested by Xr. Woehler, if Village Attorney Windhorst finds this to be a
legal proceeding;and that Village arrange to adyertise for bids for an addition
to the Southview Lane pumphouse sufficierKLy large to house this equipment, was
I&, Voebler reported on water rates in surroundhg communities. He recommended
an increase in rates to 204 per LOO CU. ft., straight. 1-4.. Woehler also asked
that Council secure the policy of the SouthdaIe developers concerning wells for
their-commercial developent, in order-that, if-necessary, addLtional wells may be planned for this area. Action on water rates postponed until next regular
meeting.
Eredesen's motion, for approval of Village Payroll, amount $9,714.34, and Equor
Store Payroll, amount $655.32, for priofi e@hg September 30, 1953, all as
recorded in detail in the Payroll Ledger, and for "pagment 02 the follolsjng clajms, was seconded by Peens and-carried:
I Child's motion that $his appli-
(.
seconded by Bredesen and carried.. i
I
n
*CL
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c
P
cm NO. ' TO: -
9729 9730 9731 9732 9733 9744 979 9752 9753 9754 9755 9'756
9757 9758 9759
9 760 9 762 9762 9763 9771 9772 9773 9774 9775
91% 97 78
9780 9 781 9782 9783 9784 9785 9787
9 788 9803
9733 9734 9772
9773 9779 9789 9790 9791 9792 9793
9794 9795 9796
9797 9798 9799 9800 9801 9802 9806
980'7 9808
9809 9816
98U
9745 9764 9765 9766 9767 9774 9775
9776
9777 9780
Bertelson Bros.
14orell eC Nichols Inc.
J. H. Eilgore Lumber Cob
Miller Paxis .
H. P,, Rogers CQ.
Northern States Power ,Cor
Paul Blake
F, H. Gerger Sales Co.
Nller Hardware
Zyle Signs
Bartlett Nfg. Go.
Clancy Drugs 1
Minnesota Fire* Equip. Co.
Modern Sanitary Supply Coo
American City Magazine
City Treas. Ci$y of Mpk.
Republic Creospting Cor
Earl SewalI Cor&,,
American Linen Supply Co.-
Glacier Sand &Gravel
Richards Oil Cn.
Torm & Country, Hardware
Crane Go. - Redew Publications
Richard E. Olson
N*V. Bell Telephone Coo
Fred Jonas.
Ron federson
John Olson
, Geo, Thompson,
Jack Neredith
, Npls. Society for Blind
I Twin City Testing & Zab.
Geoo Tf Tlyan C,O.
Zd. Ryan, Sheriff of Kern. Zoo
H. A. Rogers Cpe
Burroughs Addi,ng Machine Co.
Glacier Sand 4 Gravel
Richards Oil Go,
Toltz King & gay
O'Brien Const, Go.; .
OEBrien Const, Coo
Bart Carlone , :t
Bart Carlone ,
Bar1 Sewall ~
Earl Sewall I
Earl Bewall =?teTrJan Jay Faig -, *
Jay'kJ. Craig ..
Jay If. Craig . e
Earl Sewall
Peter Lametti, .
G. M. Orr Zng, Co;
Jay F?, Craig ,
Jay 11. Craig ~
O'Erien Const,
Earl Sewall
fhelps Drake li
Northern Sta-bes Power Co.
Tropical Paint & oil Cos
c
,
Orfei & Eari+
*
I
I
*
Lyon Chemical$, Inc. *r** Merchants Motpr Freight
Badger Meter @go Co.
Tot~n & Country Hardware
Crane Go.
Revieig Publi<atio:ns
qddressograpl?, Multigraph '
N. W, Bell Telephone Co.
(.
25
..
.I.
..
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26
CBI NO,
I 9736
9 739
9740
91.u 9742 9743
9744 9746 9747 9748 9749 ~ 9750 9769 9771. 9780 9786 9787
fco:
Standard Spripg Coo
Service Tool & EqgTpment Go,
lh. H. Ziegler
Wanner Co. *
-
kef BLIOS. r
ZT, s. Supply Qo. i
F55es tone StoFes
Northern States Power Coo
3$ls. Gas. Cob
Woodheads a
lleinhard Brosr
Paper Calmenson Co.
K, a. Toll coo
Grandview Bardware
American Xnen Supply Co.
N.V. Bell- Telephone Go,
A & 21 00, 02 PEXXLL
Qls Society for the BUnd
NatLonal Bushing &Parts
GrandVrier.r Hardmre
S. J. RntherTord Co.
Crook &Hanky
EX, Riblic School Pist, #17
Northern Stakes Power Coo
Addressograph. Kultigraph
Addressograph. Xultigraph
Tr.rin City BoIQ & Supply
t
c
*
Commercial West
American Xnen Supply Compariy
Anheuser Buscb, Inca
Bor.rman 13istzTbuting Company -
Canada Dry Beverages
CZausen & Sam, I=.
Coca-Sola Bottlhg Company
I>ris%illers D2strLbuting Company
Q.3L Proney .Beverage Coinpay
Ebin BrotherS Co~pny
Famous Bran& Inc,
Gluek Breuinng Goripany
Gold Xedal Beverage Company
Griggs, Cooper & tcompiully
Kuether DistFibuting Cowany
EcKesson & Rdbbir%
2kKesson et Rdbbirls
Ecffesson & Rabbi&
IGller -IIavis ' Con$any
Piinneapolis Brewhg Company
Iqortherrt States Power Company
Old feoria CGmpahy, Inc.
Pabst Sales CorpZmy
Rex Pis tribu%ing Compafly
< c
_IyI &iOUNT
8
si
t
.
$
?
L
Royal Beverage hstribuskg Company
Seven-Up Bot%lTng Company
Van Faper Su&ly'- Go.
Snelly DLstributing Company
.*
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I)
.. . .
'1
I 30051
30L%
3Edland Natibnnal' Bank of 191s . (Wi*hheXd Taxes ) , i. 254.75
Val B jorson' %reas . P,Z:,R.A, - 72.18
Erin, HospiCd Service Assn, 7 e55
Ed, Phillips' & SOPS company b 2,769.03
Famous BrancXs fnc. 1,200.27
Griggs, Coopkr & Corgpany 29380.24 ? Norths.Testerrr" Be11 Telephone Coo l4,60 LIQUOR FUND
Ed* PUPS' & sons COmpally 256013 8 26,279.26
* .* .
.. - Clerk Bank offered the following resolution and moved its adoption:
1, This Council has investigated the €acts necessary to ascertain
and does hereby find,. determine and declare 'chat the Village of Edina has
duly determined, after pyblic hearing as required by law, the necessity of
the construction of each of the improvements described below and the area
proposed to be assessed therefor, and has ordered, received and approved
plans'and specifications and entered into contracts therefor after due ad-
vertisement for bids, save and ,excep,t that the contracts heretofore awarded
with reference to Water and Sewer lhprovement No, 65 cover the construction
of the 24" an4 the 33" sanitary -bunk sewer and appur-benances thereof and
%he 37eU. provided for,in the plans and specifications for said improvement,
but no contract has yet been entered into for the construction of the 121t .
trunk water main and appurtenances heretofore ordered. to be installed as,a
part of said improvement; that the total benefits resul$ing from each of
said iimprovements to the lots and tracts of land subject to assessmen-b
therefor, and to the Village at large, idllbe not less than the total cost
thereof, and not less than the aggregate of the special assessmentsand taxes
herein directed to be 1evLed for the payment of such costs; that %he cost of
each of said improvements €or which contracts have heretofore been awarded,
including all expenses incurred and to be incurred from the inception to the
completion,thereof and all fees and expenses in connection therewith, is
estimated to be as follows:
'
Description of hgrovement Estimated Cost + c Water Main Improveme& No. 64
Sanitary Sewer linprovement No. 60
%later and Sever Improvement No. 65
(lateral water mains for residential
Southdale 1 $60,000.00 '
(lateral sewers for residential
Southdale 1 . ~9,000,00
(that portion for TJhich contracts have
heretofore been awarded, including 24"
and 331f sanitary %runk sewers and -
appurtenances and construction of tre1I-L) l.41,ooo.oo
I -
Total
that the Village now o~m easements and rLghts of tray over all streets and
other propert2es required for the construction of said improvements for
which contracts have hergtofore been executed; that it is necessary and
expedient €or the Village to borrow at this t-jzme the sum of $250,000, for
the purpose O€ paying the eqenses incurred and to be incurred in connection
with said improvements by the issuance of general obligation improvement
bonds in accordance with the provisions of .SectLon 9, Chapter 398, Session
Laws of Kinnesota for 1953; and that all acts, conditions and things re-+
quired by the Constitution and laws of the State of Minnesota to be done,
to exist, 'co happen and to be perfamed preliminary to the issuance and
sale of said bonds have been done, do exist hav9 happened and have been
performed in regular and due form, time and manner as so required.
2. There is hereby created a special fund to be designat6d as
the Vouthdale Improvement fund,^^ to be held and administered by the+
Village Treasurer as a separate debt redemption fund on the books of the
Village, in accordance with the provisions of Subdivision 4, Section 9,
Chaptqr 398, Session Laws of Pimesota for 1953.
tinued and maintained-in the manner herein specified vatif all of the '
hlpi~ove~~t bonds herein anthorized and interest thereon shall have been
fully paid. There shall also be majntained a separate fund for each of
the improvements financed by this issue.
provement bonds herein authorized, except accrued interest and pr&w
received thereon, shall be credited to the funds of said improvements.
respectively, in amounts proportionate to the respective estimated costs
of the improvements as set forth in paragraph 1 hereof, and from saLd
funds shall be paid all costs and expenses of making said improvementss
as incurred aid allowed, and t he moneys in said funds shall be used €or
no other purpose; provided (3.) that there shall be idtially transferred
from the fund of each of saidAmprovernents to the Southdale Improvement
Said €und shall be con-
. .
The proceeds of sale of the im=
*.
'
W'26/53
Ehnd an amount equal. to five per cent (5%) of the cost of the 3qrovement
"for ~WLCII such fund 5s mainbhed, represen-ting interest on the sum bor-
rowed €or such bprovemenk to accrue during the construction thereof and
prior to %e levy of assessments therefor, such amount being hereby found
and determined to be a reasonable and proper element of the cost of each of
said bprovements, and having been capitalized as a part of the cost of said
hprovements to be financed by this issue; and psovided (2) that if upon
conpletion of each of such improvements there shall rem&-, any unexpended
balance in the fund of such hprovement, such balance may be transferred
to the fund of any of &e oaer improvements herein designated for which
the moneys herein provided may prove insufficient, and upon completion.
02 all of said improvements, my unexpended balances in the funds thereof
shall be transferred to said Southdale hprovement Fund,
credited to said Sou-thdale Improvement Fund, in addition to the amounts
above provided, all collections of the special assessments and ad valorem
taxes lierein levied or agreed to be levied, and the accrued interest and
pren&m received upon delivery of said bonds.
be held and used only for the pqyment of principal of and interest on the
bonds herein authorized as such pzyments become due, or to prepay or redeem
the sdne When and as such bonds become prepayable in accordance with their
term; provided %hat the Vilhge reserves the right and power to issue
additional bonds to the extent required for tihe completion of said Water
and Sewer Improvement No, 65, as heretofore ordered, and to the exken%
required for the comple-bion of each ofthe other improvements in the event
that the cost thereof as finally ascertained shall be in excess of the :
sunount hereia esthated, and any such additional bonds may be made payable
from said Southdale Xqw0vemzn-b Fund on a pwity rdth &he bonds issued
heremlder, but the amount of all. bonds issued in respect of said qhprove-
inentts shall not exceed the total cost thereof as finally ascertained or
the %OM anomt of the special assessments and taxes levied therefor,
Ibprovement Nor 64 and Sanitary Sewer Enprovement No. 60, ad not less
tha $130,000 of the cost of Vater znd.Smer fmprovement No, 65, shall
be paid by the levy of the special assessments upon al3 assessable lots
and tracts of lwd situated within the assessable areas described in the
resolutions orderizig said improvements, in amounts propor%ionate to and
not exceeding the special benefits to be received by each such lot and
track from said improvements, The Village hereby covenants and agrees
that it will do and pc3riTorm as soon as may be, a31 acts andthings necessary
for -&e final and valid levy of said special assessments, and all collections
Sf said assessments are hereby irrevocably appropriated to said Southdale
Znprovement Fundd, Tn the event tha-t any such assessment shall be at any %&ne
held hva3id r&th respect to any lot or tract of land, due to my error,
defect or 2rreguhit;tr in any action or proceeding taken or to be taken
by the Villzge or by this Council or by any of the Village's officers
or employees, either %n the making of such assessment or in the performance
of any conditimprecedent thereto, the VLllage hereby covenants and
agrees that it r&Ll forthwith do all such further acts and We all
such further proceedings as shall be requbed by 1at.r to make such '
assessments 8 valid aad bindkg lien upon said property.
shall be payable in ten (10) equal, consecutive, annual installmenks, the
first of ifdch shall be certified to the County Audibr for collection with
general taxes for the yeas 1954, andwe remaining instaXLmnts for colXection
with the general %axes for subsequent, consecutive years until the assessment
is paid.- To the first ir?StaX&nent shall be added interest at the rate of
five pep cent (9%) per annum on the entire assessment from the date of the
resolution lemg the assessment until Decder 31 o€ the year in vhich
the first installment 9s payable. To each subsequent inskllment shall be
added interestcat five per cent (5%) per annwn:for one year an all unpaid
ins talbents -*
28
There shall be
The moneys in said fund shall
3., It is hereby determined that the entire cost of Water Ikin
.
Said assessmeits
*
.
.
4. %e full faith and credit of the Vsllage shall be and is hereby
irrevocably pledged for &e prompt and full payment of %e principal of and
in-berest on each andcall of the bonds herein authorized.
produciiig, together pnth estimated collectiors of said special assesqaenks,
ad capitalized interest hereinabove appropriated to said Southdale hpromment
Fuxid, sums not less than five per cent (5%) in excess of the sums required
%o pay the principal of and Lnterest on-said bonds as such principal and
interesZ respectively become due, there is hereby levied upon all taxable
property within -&e coxyorate Emits of the Village a dire&, annual. ad
valorem tax to be spread upon the tzx roUs of %e Pillage for $he respec-
Eve years set forth below, and in the momks as follow~r.
.
For the purpose of
r
\ Yea Anzovcnt , Year Amou_rl.e; - -
' 1958 $ 5,500 1965 $19,100 1959 5,700 1966 I 18,600 - a960 5,900 1967 ' 18,200
1962 6,200 5,969 17,200
- 1961 6,000 ' 1968 27,700
1963 69 400 1970 16,700
t 1964 19,600 l971 16,300 . -
Said Sax levy. shall be and remain krrepealable except in-the manner and
.I;o the extent provided in Minnesota Statutes, Section 475e61,
any %imp the moneys in said fund should be insufficient tb pay all prin-
cipal and interest due on the bonds herein authorized the Council shall
provide su-fficient moneys for such payment from any other funds in the
treasury of *he ViUage, and such funds may be reimbursed from the pro- II ceeds of said special assessments and taxes @en collected, and the
Village shall have the power and author-i'cy to lev ad valorem taxes upon
all the taxable property within its corporate lixits, over and above the
amounts herein levied, to the extent required to restore any deficiency
Ln said fund for the payment of said bonds and interest, trhich levy may
be made With0u-b J.in&tation as to rate or mount.
If at
i
- 5. For the purpose of paying the cost of said improvement and
in pticipation of the collection of said special assessments and ad
valorem taxes, the Village shall forthwith issue its negotiable coupon
general obligation bonds to be designatedLas the- Wouthdale EnprovmenP,
Bonds, First Series," payable primarily from said,Sou-thdale Enprovement
Fund, Said bonds shall be dated as of Septeniber 1, 1953, shall be 250
in number and numbered from 3 to 250, inclusive, each in the denomination
of $1,000, and shall bear interest at the basic rate of 3% per annum,
payable semiannually on March 1 and September 1 of each yearr Said bonds
shael also bear addTP,ional interest at the rate of 1% per ECN~UM from Hwch
1, 1954 to Mmch 1, 1955, payable semiannually on Septeniber 1, 195b and
March-1, 1955 Sn accordance with a separate set of interest coupons to be
attached to sjEid bonds and designated as WtI couponsI. Said bonds shall
mature serially, lowest numbers first, in,the mount of @O,OOO onMarch
1 in each of the yeas 1956 through 1959 and $15,000 on Wch 1 in each
of the years 1960 through 1973.
100 shall be payable at their respective stated maturity dates without op-
tion of prior payment, but those bearing serial nmbers 101 through 250
(maturing in the years 1964 though 1973) shall be each subject to redemp-
tion and prepayment at the option of the Village on March l? 1963 and my
interest payment date thereafter, in inverse order of their serial nwobers
and at a price of par plus interest to accrue tothe date specified for re-
demp;i;ion, The Village Clerk is hereby authorized and directed to mail notice
of the ca1l.of any of said bonds, not less than thirty days prior -bo the date
specified for the redemption thereof, to the holder, if known, and to the bank
at Vhich principal and interest are then payable, and to maintainp a register
shordng the names and addresses of the bondholders and the serial numbers of their bonds, so fax as such information is made available to him.
pal of and interest on said bonds shall be payable at the main office of the
Northwestern National Bank of Hinneapolis, in PE.nne~polis3 %nnesota, and the
Village hereby agrees 50 pay the reasonable and cus-bomary charges of said pay-
ins agent for the receipt and disbursement thereof,
The bonds bearing serial numbers 1 through
t
The princi-
29
6, . Said improvement bonds and the coupons to be appurtenant there-bo
shall be in substantially the following formr
UNITED STATE OF AMERICA
STATE OF IQENESOTA
COUNTY OF HEXINEPIN
VILUG~ OF EDITM
-.
SOUTflDAL'E DPROIEXENT BOND
. FBSTSERlES
-. .
NOe . $1,000
KIW37 ALL 14EN BY THESE FEESENTS that the Village' of Mina, a duly
organized. and exis%ing municipal corpoeration of Hennepin County, Ennesota,
acknowledges itself to be indebted and for value received promises to pay
"bo bearer the sum +of ONE. THOUSAND DOLLARS on the 1st day of March, 19- ors
if this bond is redeemable as noted below, on a date prior thereto on stlich
30 10/26/53
it shall have been duly called for redemption, and to pay interest thereon
horn -the date hereof until said principal sum be paid or until thLs bond,
if prepayable, has been duly called for redemption,. at the rete of three
per cent (3%) per-annum, payable semiannually on the 1st day of %zch and
%he 1st day of September of each year, such inteyest to maturity beins pay-
able in accordance K-6th and upon presentation and mrender of the appu-
tenant interest coupons evidencing the same; ad also to pay addttional
interest on said principal sum at the rate of one per cent (1%) per annum
from l:Iasch 1, 1954 to Haxh 1, 1955, payable semiaxmually on Sep-Laiber l9
39% and Xarch 1, 1955, in accordance with and upon presentation and sur-
render of the separate interest coupons appurtenant hereto which are desi-
gnated as ltBB" coupons:
o€fice %f the I$orthvestern National Bank of IEnneapolis, in I.Iinneapol.is,
Eimesota, in any carin or currency of the United Stzte of America K-fhich
on the respective dates of papent is legal tender for public and private
6ebt.s. For the prompt and full pawent of such primipal and interest as
the same become due the full faith, credit and taxing powers of the Village
me hereby irrevocably pledgeda
Both principal and interest are payable at the main
.I
Ws bond is one of a series in the aggregate principal amount of
$Zf;O,OOO, all of like date and tenor except as to serial number, maturilcy
and redemption privilege, all issued for the purpose of defraMng eqenses
incurred and to be incurred in constructing necessary water and sewer im-
provements in said Village, and is issued pursuan-b to and in full COD~O~~~LY
15th the Constitution and lam of the State of f*Ennesota thereunto enabling,
ad pursuant to resolutions duly adopted by the Village Council, inclu&g
a resolution adopted October 12, 1953, en$itled ItResolution Creattng Southdale
3bprovement Fund and Authorizing and Establishing Terms and?.Prov%ions of
Tirprovement and reci-Lals of the Village relating to s&d bonds, This bond is payable
prharilFfrom the Southdale Improvement Fund of the Village, to which fund
there have been pledged and appropriated all special assessments and ad
valorern taxes to be levied for the payment of the cost of said improvw~ents,
but the Village Council is required to pay the same out of any funds in the
treasury in the event that moneys on hand in said fund are at any time in-
sufficient to meet the payment of maturing principal and interest,
to*r.rfiich reference is: hereby made for the covenants
c
c K
Bonds of said issue numbered 1 through 100 are payable &t their
respec-bive stated maturiky dates S.rj%hout option 02 prior payment, but those
numbe?red 101 through 250, being the bonds maturing in the years 1964 through
1973, are each subject to redemption and prepayment at the option of the
ViIJag5, at par and accrued interest and in inverse order of their serial
nunibem, on ZIarch 15 1963 and any interest payment date thereafter. ffot
less than iM.rty dap prior to the date specifhed €or redemption of any of
saiqbonds, the City T.riU. mail notice of the call thereof to ale holder,
if kxown2 and to the bank at which principal and interest are then payableo
BoXders of prepayablebonds desirins to receive such notice may register
their nanes and ad6resses and the serial nunibem of their bonds with the
V-age Clerk.
.
*
IT B3 IjEiE33S CERTIFIED, RECITED, COvEWm Ai!D AGREED that all ~ -
acts, conditions and things required by the Constitu-bton and hirs of the
State of T-khnesota to be done, to &st, to happen and to be performed.
pTel7ua1-y to and in the issuance of th2s bond in order to m&e it a
ad and binding general ob.ligation of said Village according to i%s
term have been done, do exist, have happened and have been performed
as so reamed; that the est2mated collections of special assessmds
to be levied and ad. valorem taxes heretofore levied for the payment of
tihe cost of said improvements and heretofore appropriated for the payment
of said bonds and interest ?sill be in the years and in pnoun=bs required to
produce sm not less than five per cent (5%) in excess of the amounts
required for such principal. and interest payments; that additional ad
valorem taxes, if needed for the payment of such principal and interest,
may be levied upon all taxable property 5n the Village TJi3ihout Xmitation
as to rate or amount; and that the issuance of this bond did not cause the
indebtedness of said Village to exeeed any constitutional or statutory.
Emitat5on.
. c IU SEC!WEEll€lEIU3OF the Village of Edina, Hennepin County, EEnnesota,
by its Village Council, has caused this bond to be executed in its behdlf by
%he slgnature of i%s I.Iayor, countersigned by its Village Clerk, and sealed
~6% its official seal, and the interest
executed and authenticated by the
and has caused %his bond to be dated as of
L Wyor
311 10/26/53
(Form of Coupon)
On the 1st day of March (September), lS_, the Village of Edina,
Hennepin County, l@.nnesota, ~Kl.3- pay to bearer at the main office of the
Northwestern Nati6nal Bank of Minneapolis, in Minneapoli_s,v Ennesota, the
sum of FIFTEEN AND NO/lOO (FTVX ANTI NO/lOO) DOLLARS) latrzul money of the
United State of America for-interest then due on its Southdale Improvement
Bond,-First Series, dated September 1, 1953, No* ., 1
(Facsimile sigiatur e 1
Mayor
(Facsimile signature)
Village Clerk ,
i.
(Coupons numbered 20 and upwards shall also inc1ud.e
d the phrasez Wriless the bond described below is 1
called for earzier rgdemption*j *) ..-
7. Said bonds shall be prepared under the *direction of the Village
Clerk and shall be executed on behalf of the Village by the signature of the
Eayor, countersigned by the Village Clerk, and the corporate seal shall be
affhed thereto, and the interest coupons shall be executed and kuthenticated
by the printed, engraved or lithographed facsimile signatures of said Mayor
and Clerk, When said bonds have been s$ executed and authen-i;ica-l;ed, fkey
shall be delivered by the Treasurer to the purchaser thereof upon payment
of the purchase price heretofore agreed upon, and- said purchaser shall not
be ob@ged Lo see td thg application of the purchase price. c
8. The Village Clerk is hereby authorized and directed to transmit
a certTfied copy of %his resolution to the County Auditor of Hennepin County
for certification that the bonds herein authorized have been duly registered
and that the tax required by law therefor has been duly levjed.
9. The' officers of the Village and the County Auditor of Hennepin
County are hereby authorized and directed to prepare and furnish to the pur-
chaser of said bonds and to the*attorneys kpproving the legauty of the
issuanck thereof certified copies of all proceedings relating to said bonds
and. toe the financial affairs of the Village, an4 such bther affidavits,
cer'&ficates and information as may be req&ed; -bo show the facts relating
to the legality &d marketability of said bonds as the same appear from the
books and records in their custody and control or as 0therwise"know.n to them,
and a91 such certified copies, certificates and affidavits, including any
heretofore furnished, shall be dekned' representations of the Village as to
the facts recited therein,
The motion for the adoption of the foregoing resolutzon was
Bre@eso'n, ?ye; Bbk, aye;, Danens, aye> Child,* aye; and
duly secpnded by Danens, and on rollcall there were FIXE AXES and NO NAYS
as follows:
&icksok, axe; Whereupon said resolutibn .was'
adopted,
(Signed)
L. kyor
I&, Elmer 't.Silliqs * donati!on or" $156.80, for upkeep -of Mgh% WilEaans Pak,
was accept-ed by motion Child, seconded by Danens and carried, *Child tkien
moyed that water spigot in park be ordered-repaired,
Bredesen and carried. n
Itrotion seconded by
The hour being late,
before this meeting,
at 7:30 P,slii, Motion
12:lO A&, Tuesday,
-..
and there being considerable additiond business to come
Child moved for adjournment ts Nonday, November 2, 1953, seconded by Danens and carried.. rjreeting adjourned at
r
.
n