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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 %&ether 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 $his appli- (. seconded by Bredesen and carried.. i I n *CL I c P cm NO. ' TO: - 9729 9730 9731 9732 9733 9744 979 9752 9753 9754 9755 9'756 9757 9758 9759 9 760 9 762 9762 9763 9771 9772 9773 9774 9775 91% 97 78 9780 9 781 9782 9783 9784 9785 9787 9 788 9803 9733 9734 9772 9773 9779 9789 9790 9791 9792 9793 9794 9795 9796 9797 9798 9799 9800 9801 9802 9806 980'7 9808 9809 9816 98U 9745 9764 9765 9766 9767 9774 9775 9776 9777 9780 Bertelson Bros. 14orell eC Nichols Inc. J. H. Eilgore Lumber Cob Miller Paxis . H. P,, Rogers CQ. Northern States Power ,Cor Paul Blake F, H. Gerger Sales Co. Nller Hardware Zyle Signs Bartlett Nfg. Go. Clancy Drugs 1 Minnesota Fire* Equip. Co. Modern Sanitary Supply Coo American City Magazine City Treas. Ci$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$, Inc. *r** Merchants Motpr Freight Badger Meter @go Co. Tot~n & Country Hardware Crane Go. Revieig Publi<atio:ns qddressograpl?, Multigraph ' N. W, Bell Telephone Co. (. 25 .. .I. .. .. I *. 26 CBI NO, I 9736 9 739 9740 91.u 9742 9743 9744 9746 9747 9748 9749 ~ 9750 9769 9771. 9780 9786 9787 fco: Standard Spripg Coo Service Tool & EqgTpment Go, lh. H. Ziegler Wanner Co. * - kef BLIOS. r ZT, s. Supply Qo. i F55es tone StoFes Northern States Power Coo 3$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 .* I I 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