HomeMy WebLinkAbout19541227_REGULAR12/27/54
MINUTES- -OF THE REGULAR MEETING OF THE
EDTNA VII�T,.�GE 'COUNCILS HELD , MONDAY, .
IiECEMB, 2, 31�1�,� 7�3fl ,P,Ij, ,AT THE
EDINA, Vli,I,AGE HALL.
Members answering Rollcall.were Bredesen, Child, Bank and Erickson.
Minutes of Meeting of December 13 were approved as submitted, by motion Bank, seconded
by Bredesen and carried.
Clerk Bank submitted Affidavits of Publication in Edina Morningside Courier and
Construction Bul.l.etin„Becember 2 and 9, 1954, of "Advertisement for Bids--Elevated
Steel Water Tank," which affidavit was approved as_to form and ordered placed on
file. ,Bank then moved that sealed bids be referred to. the Assistant Village Engineer
for public opening in the Engineerts Office, tabulation and - report this evening.
Motion seconded by Child and carried._
Manager Mitchell recommended that contract for Deep Well on the McGuire site be
awarded to the low bidder of December 13 - -Keys Yell Drilling Company, at bid price
of $13,345.30• Bredesen so moved. Motion,seconded by Child and carried. _
Manager Mitchell reported on bids taken December 13 fora Motor Pick Up Sweeper.
After some discussion, during which Mr. Mitchell reported that investigation had
l,een made with three other municipalities:, with two of them preferring the Elgin
and one the Wayne sweeper; and also reminded the Council that the purpose of
securing a new sweeper was to obtain a larger one,, Bank moved that the bid of
Public Works Equipment. Company for a 4- Cu.Yd. Elgin. Sweeper at x¢11,050.00 with a
trade -in allowance on the used Austin Western Sweeper of $3,000,be accepted. Motion
seconded by Bredesen and carried. • ,
In reporixing on bids received December 13, for the Northwest Diagonal Trunk Sewer
Improvement.No. 69, Mr. Mitchell summarized events leading to,the taking of bids ;"
stating that,_although bids are higher than estimate he feels award should be made,
because of increasing labor and materials.costs and the fact that large Improvements
are being initiated this year in the neighboring municipalities, thus decreasing the
number of prime contractors available for this kind of project. Bids received were
as follows: ORFEI & PETER 1&MTI SANDSTROM
- NARIANI L DTI &_ S0� SUS &
W Diagonal Trunk
Sewer #69
Inc.Plan A1ts. #1 & 3 23,494.30 0951,155.64 01,051,779.80 $98$,88$.40 -(No Alt.)
Mr. Mitchell explained, also showing a Yu-Graph Chart of the figures, that by a
change in the line, routing sewer across Interlachen Golf Course, rather than doom
Interlachen Blvd., a saving of $98,031.63.could be made on-the low Base Bid, making
the total bid., $725,462.67. He,stated that, in addition to this saving,.he feels
that some X46,000 can be saved by elimination of piling, cap and sheathing in
certain parts of the line where working conditions are-more favorable than first
supposed. Mr. Mitchell's figures showed a Net Estimated Contract Cost -of $679,462.67,
for an Estimated Per Front Foot Cost on Platted Property of 02,61 (rather than $2.36,
as quoted at the Improvement Hearing) and $110 pea^ Acre on unplatted property- --this
last being the same as quoted at the..,Improvement Hearing. Bank's motion that bid
be awarded to low bidder, Orfei &- Mariani,'subject to change in ,line as recommended
by Mr. Mitchell, was seconded by_.Bredesen and carried. At this time Messrs.
Dobbelman and. Lewis Jones suggested that Council delay award of bid for New Council.
Mr. Makkla of the Northwest section commended Council on its action, explaining that
d owners in that area are under constant heavy expense for cesspool pumping. Mayor
Erickson explained his feeling,.that the Council has for some long time had a
definite obligation to the good'eitizens of the Northwest corner of the Village, to
provide them with sewer service; that the present Council has given the problem
much study; that he believes the right action has been taken in awarding the bids..
Trustee Child offered the following Resolution and moved its adoption:
RESOLUTION
RE: SOUTHD= ROAD PATTERN
P MOLVED, that the Council .of.the_Vil.lage,;of,Edi.na; approves the street plan relating
to France Avenue, Valley View goad, W.66tn St. and 1-1.69th St.,, all as set forth in
the _detailed plans- marked_ Exhibit A_ and Dated December 13.,_1954., containing twenty-
eight sheets, which plan is on file in the office of the Village Engineer and which
is incorporated herein and to which reference is hereby made.
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FURTHER RESOMID, that the County Board of Hennepin County be, and it hereby is,
authorized - to,proceed with the ,construction .and reconstruction of county roads
in accordance with the plan.set forth in said Exhibit A, provided, however, that
111 the said County Board of Hennepin County is not authorized to take any action
which would involve any liability on the part of the Village of Edina in
connection with the following matters until further specific action in connection
therewith is approved by this Council:
(a) The acquisition of any street easements or slope easements-zrhich will
involve the payment of funds by the Village of Edina to the property
oumers involved, unless arrangements_ are first made by which payments
can be assessed against benefited property ormers;
(b) The changing of existing street grades if, in the opinion of the Village
., Engineer, the changing of such street grades id.11 result in any liability
on the part of the Village to abutting property ozmers by reason of such
change of grade, provided, hozrever, that if arrangements can be made to
.assess damages paid by reason of such liability against the benefited
property oimers, the Village Engineer is authorized to waive this
restriction;
(c) Any construction which w.i.l1 necessitate the moving or replacement of the -
,4 inch gas main in France Avenue or in 70th Street, unless prior thereto
arrangements have been made with the Minneapolis Gas Company for such
moving or replacement without cost or liability to the Village or for the
assessment of the cost of such moving or replacement against the benefited
property osmers.
Motion for adoption of the Resolution was seconded by Bredesen, and on Rolleall
there were four ayes and no ,nays, as follotrs: je�s,,: ye; C hild, aye; Bank, aye; and Erickson, aye; and the Resolution w oATTEST:
riayor ...... .. .......
Village-Clerk........
Trustee Child explained that Chairman of Public Works Committee, Danens, although
not present. this evening, is in accord S•rith the above Resolution.,
Manager Mitchell reported that bids on Elevated Water Tank have been tabulated;_
and Bredesen moved that Council recess for ten minutes, for discussion on bids.
Motion seconded by Child and carried. Meeting reconvened at 8:50 P.M., frith
four members present,, and iianager Mitchell announced bids received -as follows:
500,000 Gal. 500,000 Gal. 1,000,000 Gal. 13000,000 Gal.
Ell: Msoi.dal Stater- Sphere _ Ellipsoidal Radial Cone
Pittsburgh Des Moines .....
Steel Company_ 119,750.00 No Bid $230,200.00 $231,600.00
Chicago Bridge & Iron
_ Company _. $121,500100 0149,000.00 $235,000.00 No Bid
Mr. Mitchell reported that the Dayton Company will donate property in the Southdale
area for this tank, but only if,the tank is the Water Sphere type, which bids show
will cost about $30,000 more than a tank of conventional design. He explained
that, .although the tank can be built to the west of Southdale, the. Village does not
have connecting mains,$ nor does it have the property_on which to construct.' Child
moved that Council award bid to Chical3o.Bridge & Iron Company on basis of 500,,000
gallon Water Spheroid, at §71x.92000. Motion seconded by Bank. Mr. E.C. Stow
protested, stating that, for the'difference of $30,000 two wells could be drilled
to supplement the present system; and that he wanted a tie-in to his Brookvieww
Heights system. Trustee Chid replied that, while believing that serious con-
sideration should._be given this coming year to a tie-in to the Stow system, -he
feels that the best interests of the Village wi.7.l be served by award of contract `
for tank in Southdale area at this time. Vote was taken on motion, and it carried.
Clerk Bank offered the following Resolution and moved its adoption:
REDO_ _.. L
f-FHEREAS, Edina has had its greatest peri.od'of . growth during the past few years and
the_,vork load has been tremendous, yet Mr. Sidney R. Mitchell has carried this load
without complaint and has given the Council accurate engineering information and
sound recommendations on all of the many projects this Council has worked on, and
WHEREAS, Mr. Mitchellts integrity, ability, devotion to~duty and tact in all
tanner of situations has made it a pleasure to work with him, and
ltiifiERM, Mr. Mitchell has cheerfully assumed all assignments given to him and has
worked -vrit_h'h_is subordinates in such a way as to gain their complete respect and
cooperation;
NOW, TMWORE, BE IT RESOLVED, That this Council go on record as highly conmending
Si.dnez R% l�iitche7l „for,the manner in which he has discharged his duties as
Viligge Manager and Engineer of the Village of Edina.
12/47/54 �
1.
Motion for adoption of the-Resolution was seconded by Child, -.and on RolIcall
there were four ayes and no nays., as follows: Bred�ye; Child, __aye;
Bank, aye; and Erickson,...aye; and.the Resolutiq s aopied.
ATTEST: VII • - /
• ., _ � ... vim,.- �- � •�.�
.... Mayor.
,f.....
Village. Clerk .......................
Mrs. Evelyn Wohlrabe appeared before the Council'to explain that 'some of the
property included in her preliminary plat -had been sold on tax sale. She
asked that Council approve plat of the balance of the property. After legal
advice from.Village Attorney, Child moved for Council approval of-plat,
excluding that property which Mrs. Wohlrabe no longer owns but which coriforms
with present plat in other - conditions, motion. also referring plat to Planning
Commission. Motion was seconded by Bank and carried.
Mr. John Person spoke for delay of award of bids until such time as new Council
Pan act; Also suggesting that older men be employed on the skating rinks, as
attendants.
Bank's motion, that Plumberts License be granted to-Kennetl R. Arid'reasen,6521
Morgan Ave. So., for,period,ending April 1, 1955, was seconded by Bredesen and
carried.
` County Board's December 17th notification of a resolution creating an east
west ai.rport.,access road was referred'to Meeting of January 10, by motion
Bank, seconded by Bredesen.'aiid carried.
Bank offered the following Resolution and moved its adoption:
RESOLUTION
BE IT RESOLVED by the'Village;,Council of the Village of Edina, Minnesota
that the.yi.11age -of Edina enter into a iease with the State of Minnesota
providing_for the necessary space for the storage of organizational equipment
of State Mobile Support Units,- made available through the Director of Civil
Defense, whereby-the said Village agrees to make sufficient space available
to house such equipment and to maintain the premises so leased in accordance
with the terms of the lease submitted by the State of Minnesota herein.
Further that the mayor and village clerk be authorized and directed to
execute such a lease.
Motion for adoptioh of Resolution was seconded by Bredesen, and on Rollcall there
were four ayes and no nays, as follows: Bredesen,_ e; ild, aye;_Bank, aye;
and Erickson, aye; and the Resolution was.adopt
ATTEST:
...........Mayor...........
Village Clerk...... ......
Notification from League of Minnesota Municipalities, concerning ultimate
adoption by the Legislature of an enabling act for Municipal intigration into
the Social Security system was discussed. Referred, to Village Attorney
Windhorst or R.E. Olson for explanation to Village Employees before
referendum by employees.
Proposed Ordinance No. 262 was again considered. Bank moved that this be
considered the'Second Reading of -the Ordinance; that the Third Reading be
waived, and" that' Ordinance be 'adopted: ,
ORDINANCE NO.-262
AN ORDINANCE REGULATING THE USE OF LAND IN THE
V4S &GE FOR HIKING, _STRIPPING AND EX'T'RACTION
- PURPOSES -
I-E REAS, Commercial excavating and, st#ppirig operations are now. being and
for sometime have been conducted in certain places in the Village, /order to
remove from the ground large quantities of black dirt, sand,, gravel and other
minerals or'substances on, in or under such places, and
WHEREAS, such places where such operations have been and are being con-
ducted. are situated in the "Operi Development District" of the Village, being
a district which on May 2$,,,1931 was by a duly adopted ordinance zoned for
exclusively residential purposes, and such places are near residential areas
in neighboring municipalities, and
WHEREAS, such operations are inherently accompanied by noise and dust,
often create hazardous conditbns, and usually result in lasting disfigure-
ment of the places where they are carried on, and thus tend to interfere with
the existing residential uses in nearby areas, and to discourage further
permanent residential development of the surrounding properties, and to r,
diminish the public health, safety and general welfare, and
WHEREAS, it is therefore desirable to prevent the further extension of
12/27/54
100 of such excavating. and stripping operations in the Village, and to control
existing operations, all by means of the power granted to the Village Council
in IU=esota Statutes, Sec.. 412.221, .Subd. 29, to regulate by ordinance the
} uses of land in the Village for various purposes,
,j NOtf THEREFORE; the Village Council. of Edina, . Minnesota., ordains as
foliows:
Section 1. Excavating Forbidden. No person sha1.1, for the purpose of
sale thereof, extract,,strip,or . mine-.black dirt, sand, gravel or other
minerals or substances existing on, in or under any lands in the Village
except in those areas hereinafter designated as ItTemporary Excavation Districts",
and subject to the restrictions hereinafter prescribed.
.- Sectiori 2. Excavation Districts Created. The follotiring areas are hereby
designated as '' Temporary. Excavation.Districts't
Area No. 1
The Sid of the Nffk of Section 31, Township 28., Range 24; and
The NPTI, of the 6ti of Section 31, Township 2$, flange 24.
Area No. 2
.All of the SEA—.. of Section 31, Toemship 2$, Range 24; and the A
East 3/4 of-the South 1/2 of the NEB, of Section 31, Township 2$,
Range 24. _.
Area No. 3
All the area within the following boundaries: Commencing on the
centerline of ST.70th Street and a point located 165 feet west
of the centerline and centerline extended of York Avenue South;,
thence south parallel to York Avenue South to the south limits
of the Village of Edina; thence west along the South Village •
Limits to the centerline of France Avenue South; thence North
along the centerline of France Avenue South to the centerline
of "U.70th Street; thence „east a] ong'the centerline of iT.70th
Street to the point of beginning. _
Section 3. Termination of Excavation. .Whenever activities such as
described in Section-1-of-this-ordinance-have not been continuously carried on
in an area designated as a Temporary Excavation District for a period of not
less than 2 years, such area shall cease henceforth to be so designated, unless
such - suspension of activities was caused by Act of God, labor dispute, or war,
emergency. Only the uses permitted for such area by Ordinance No. 261 of the
Village shall be lawful therein, when such area has ceased to be designated as
a Temporary Excavation District.
Section „4. Conditions of Operation. Any person carrying on the activities
described in Section .l•of.this.ordinance.shall conduct them subject to the
following restrictions; R
(a) He shall comply with any.provisions of Ordinance No. 56 of the
Village which may be applicable.
(b) He shall at all reasonable times permit^the Villa- g-e Engineer or
any assistant of the Village Engineer to enter upon any premises
where such activities are bean# conducted, for the purpose of
making inspection to enforce this ordinance.
(c) He shall not excavate in any place to a depth lower than the
maximum depth which the Council may determine, on recommendation
of the Village Engineer,,to be desirable in that place in view
of general health and safety conditions drainage requirements,
and eventual use of such place for residential or.commercial
construction.
Section 5. Revocation of Permit. For failure to comply slith the require-
ments�of this ordinance, •the •Couincl• may revoke any permit issued under
Ordinance No. 56.
Section 6. Violation a Nuisance. Any excavating activities conducted in
violation of this•ordinance.are•hereby. declared to be a public nuisance, and
may be abated in a civil action for an injunction brought by the Village.
Section 7. Violation a Misdemeanor. Any violation of this ordinance shall
constitute a misdemeanor,.punishable.by. imprisonment for not more than three
months, or a fine of'not more than $100.
Section S. Effective Date. This ordinance shall become effective
immediately upon its.passage.and publication.
Motion for ado tion of Ordinance was seconded by C d` and on Rollcall there
were. four ayes and no nays, as follows: Bredeser e Child, aye; Bank, aye;
and Erickson, aye, and the Ordinance was ado e .
ATTEST: , c
,.........Mayor........ .......
Village - Clerk .. .................... _.
Trustee Child was excused from the Meeting at this time.
Bankts motion; authorizing the Mayor and Clerk to sign a gravel lease -with Xr.
Ralph Hays; this being a lease for gravel„at 140 per cubic yard, for a five-
year period, cancellable December 31 of each year upon 60 days= notice by
either party, was seconded by Bredesen and carried.
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12/27/54
R.E. Olson reported on unofficial.bids_ received for employees' lunchroom and
.restrooms, being.$3,100 for lunchroom and $3,900 for restrooms. batter deferred
until new year.
101
Mr. Windhorst reported that Village was unable to secure Tax Abatement on 'Village -
owned Library and Park Property, for the. year-1953 payable in_1954, because the
deed had not been filed until the last part of 1953. He advocated payment of the
taxes, inasmuch.as about 75% of them are.returned-to •the Village -'and School District
anyway. Bredesen moved,for payment of taxes for year 1953 on Library :Park. ,Motion
seconded by- Bank'and carried.
Mr. 11 ndhorst gave- a'brief report on a drainage suit filed against the Village and
A developer, jointly; stating that possibly there is no liability but that legal
procedure is ,going forward on answer.
I . Windhorst reported briefly on; the, action of Public- EmployeesI -Uni:oxy Local No.
918,l,which has filed Complaint against the Village. No action taken except to_
instruct Village Attorney to -fife answer.
Mr. Joe Zhk reported that Mro Kenneth- Sundquist'has- requested- that an-assessment
be made for the - gravelling of School Road.- It was tentatively 'decided to lay this
over to the `next meeting, when��7r. Zikan- *explai.ned that Yr. Sundquist is anxious
to get his plat on record,.- Discussion was-had, and Bank moved that Sundquist Plat,
LIZ "South Concord. Addition," be`.accepted with the understanding' that -Mr, (-Sundquist file
0 a, petition for the Gravelling of School Road and pay for the removal of old school
road, for removal of existing curb and gutter, and for fence if Sebbol Board requests
said fence, the cost of curb acid ' gutter; blacktopping, • sanitary sewer and w_atermain
to be assessed against South Concord Addition,'Mar.on Gardens Addition and School;
with'11r. Sundquist grading School Road; - and -both Grading and Gravelling in other
two subdivisions being taken care of by respective developers; that Council's
action be taken only because.of very - complicated arrangements made with the,,School
Board in order to-put this property on the tax rolls. 'Motion seconded by Bredesen
and carried.,
Chairman Bank of. the-Public Safety Committee- ekplained that study had been made on
the advantages of possibly setting up a- series of -a half- dozen•courses'to-be taken
by members of the Police Deptment. He moved that Village '(Tanager and Police
Chief be authorized and directed to set up a series of s� ojasses; to be taken
i
each six- months period, - upon successful completion - of/fiffi. facers would be
subject,to 05.00 per month raise in salaries, with list of courses to be approved
by Council before plan is put into effect Motion seconded by Bredesen and
carried.
Bredesents motion, for approval of the following Claims, was seconded by Bank and
.carried:,
General .Fund - 47,355.7(M, Waterworks - 1,303.64"
Sewer Renal 164.44 Gonstriietion -, 407.27',\
ti.quor ,Fund 22,023.251'\ .
Report was made that, pursuant to suggestion by the - Auditors, investigation is being
Made on possibility of investing funds in 'lorig -term savings accounts, which will
probably yield more than short -term government securities -, but•that full report is
not ready—that there will be between $500,000 and $750,000 available -for investment
for the last day of December;,that funds -may be invested for 30 days;` pending
results of savings aecount investigation.,- Bank's motion, that available funds be
invested in Government Securities for thirty days, was seconded by•Bredesen'arid
carried:. .. ..
Mr. R.E. Olson explained his claim -for overtime for procurement of Sanitary Sewer
Improvement No. 69 easements; stating that becausa the public is working during
)Tillage office hours, he had to make-contact during-the evening; and that he had
been out on this work almost every evening,for some two months. Bank's motion,
that 50 hours overtime be' allowed, was - seconded -by Bredesen acid carried.
Clerk Bank offered the following Resolution and moved its adoption:
RESOLUTION AUTHORIZING AND ESTABLISHING TMIS
ANDPRQiiISIONS,.Qg.SOUTHD=- P P O BONDS,
.=
BE IT RESOLVED . by. the . Council... of the Village • of •Edina., •Minnesota., as
1, In and by the resolution adopted October 26,11953, entitled "Resolution
Creating Southdale improvement Fund and Authorizing and Establishing Terms;,and: Pro-
visions of Improvement Bonds,'a the Village created the -Southdale Improvement Fund
as a separate and special fund for the financing of improvements designated as
UWater Main improvement No. 64, "' -Sanitary Sewer. Improvement No. 601, and Water and
Sewer.Improvement No. 65.1" and issued its Southdale Improvement Bonds, First Series,
payable primarily from said fund,.for the purpose of.paying a portion of the cost
of said improvements in anticipation of taxes levied and special assessments agreed
12/27/54
10 -2
to be levied in respect of said improvements, reserving at the same time,the pri-
vilege of issuing additional bonds to the extent required for payment of the cost
of completion of all of said improvements, and-making such bonds payable from said
fund on a parity with said First Series. Said resolution is by reference
incorporated herein and made a part hereof.
2. The Village has now amarded contracts for the completion of each and
all of said improvements and has duly levied, special assessments upon properties
benefited thereby,'upon notice and hearing as. required by law, and the cost of _.
each of said improvements as finally ascertained and the total principal amount
assessed.in respect of each of said improvements are as follows:
Amount of A
Improvement Total Cost Special Assessments
Water Main, Improvement No. 64 §57,92 •90 X57,925.90 ..
Sanitary-. Sewer Improvement, No. 60 ,45,883.51 ,48,853.51
mater and Sewer.Improvement_No. 65 209,115 _110,294..09
` Total §315 :925.26 $217,103.80
It is further found and determined that it is.nou necessary for the Village to
borrow the additional sum of $65,000, for the purpose of paying the expenses
incurred and to be incurred in the completion of said improvement; pursuant to the.
provisions. of said resolution and of I innesota Statutes, Section 492.091, and that
all acts, conditions and things required, by the Constitution and laws of the State
of Minnesota to be done, to exist, to happen and.nto be performed, preliminary-to
the issuance and delivery of said bonds have been done, do exist, have happened and
have been performed in regular and due form, time and manner as so required, and
said bonds have been duly advertised.and.sold at public sale subject to terms and
provisions as herein set forth,,and the contract for sale of said bonds is hereby
approved, ratified and confirmed.
3. The special assessments levied in respect of Slater Main Improvement
No. 61� and Sanitary Sewer Improvement No. 60 are payable in ten (l0) annual
installments, on the tax rolls of the Village for the respective years 1955 through
1964, and those levied'in respect of Water and SewerImprovement No. 65 are payable
in eight (8) annual, installments, on the tax rolls for the respective years 1955
through 1969, the unpaid balance of each of said assessments bearing interest at
the rate of five per cent (5 %) per annum. The Village has also capitalized and
paid into the Southdale.lmprovement Fund out of the assessments levied for each of
said improvements interest accruing can money borrqued for said improvements from
the date of said First Series bonds to the date of the levy of said special, assess-
ments, as required by said resolution of October 26, 1953, the total amount of such
capitalized. interest being approximately ,12,242. The Village has also levied,, in paragrap
4 of said resolution of October 26, 1953„ taxes upon all taxable property vrithin its
corporate limits for the purpose of paying that portion of the cost of said improve-
ments not paid by collections of said special assessments, and said taxes have also
been appropriated to the Southdale Improvement Fund. It is hereby found and determined
that the aggregate of said capitalized interest, special assessments and taxes is
sufficient to produce amounts not less than five per cent (5%) in excess of the amounts
required for payment of the principal of and interest,on said,Southdale Improvement
Bonds,,First Series, and also the bonds herein authorized, as such principal and interest
respectively become due, and the Village further recognizes and reaffirms its statutory
obligation to provide sufficient moneys for payment of such principal and interest from
any other funds in the Village treasury if the moneys in the Southdale Improvement Fund
should,.at any itime be insufficient to pay the same when due, and to levy additional -ad
valorem: taxes to restore any deficiency in said fund.
4. For the purpose of completing payment of the cost of said improvements.,
and in anticipation of the collection -of said special assessments and taxes, the Village
shall forthwith issue and deliver to the purchaser thereof its negotiable coupon __
general obligation bonds.to be designated as the " Southdale Improvement Bonds,, Second
Series," payable primarily from said Southdale Tinprovement Fund, in the principal
amount Qf 065,00O. Said bonds shall be dated as of December 1, 1954, shall be 65 in
numlaer and, numbered from 1 to 65, inclusive, each in,the .denomination of $1,000, and
shall bear interest at the rate of 1.70% per annum from date of issue until. the
principal amount thereof is paid, plus additional interest at the rate of l% per
annum from:ASarch 1, 1955 to Yarch 1,.1957, or to march 1, 1956 in the case of bonds
maturing on said dates such additional interest to be represented by separate
interest coupons designated as "B" coupons. Said bonds shall mature serially,
lowest numbers first, in the amqu4t of $10,000 on March l in each of the years
1956 and 1957 and $15,000 on March 1 in,each of the years 1959 through 1960, all
without option of prior payment. Both principal and interest shall be payable at The
American National Bank of Saint Paul, in St. Paul, Minnesota, and the Village hereby
agrees to.pay the reasonable and customary charges of said paying agent for the
receipt and disbursement thereof.,
5. Said bonds and the interest coupons appurtenant thereto shall be in
substantially the following form:
12/27/54
UNITED STAXES OF AMERICA
STATE, OF MINNESOTA.
. CgUNTY�QFt HENNEPIN'
VILLAGE OF _Eb=
SOUTHDAIE OV AENT BOND
,SECOND SERIES ,
No. _ :._ . - __ _01..000
KNOW-ALL MEN BY THESE PRESENTS ihat'the Village of Edina, a duly organized
and existing municipal corporation of County, Minnesota, acknowledges itself
to be indebted and -for value received promises to pay to bearer the sum of ONE THOUSAND
DOLLARS on the lst day of March., 19. _.,-without option,of prior ,payment,. and_to.,pay_._ .
interest thereon at the rate of one.and severity.hundredths per cent (1.70 %) per annum
from the date hereof until said principal sum- be.paid, plus additional interest on said
principal sum at the rate of one per cent W) per annum. from March I,,1955.to March 1j,
195 , all.such interest being payable September 1, 1955 and semiannually thereafter
on the lst'day of- March and the 1st day of September in each year, and interest to
maturity being payable in- accordance with and upon presentation and surrender_of. the
interest coupons - !appurtenant hereto,.which are-,in two sets, one representing.interest
at the basic rate above set forth from the date of issue to the maturity_of. this bond, and
the other--set,.designated as B' coupons, representing interest at 1% per annum from
U_j March 1, 1955 to March 1, 195:,,,,,. Both principal and interest are..payable . at The
00 American National Bank-of Saint.Paul, in St. Paul, Minnesota, in any coin or currency
of the United States of America which on the respective dates of payment is_legal
�- tender for pub4c and. private debts. For the prompt and full payment of such principal
and interest as the same become due,the full faith, credit and taxing - powers of the
Village are hereby irrevocably pledged.
This bond is one of -a series in the aggregate principal amount of $65.,000,
all of like date and tenor except as to serial number and maturity, all issued for the
purpose-of defraying expenses incurred and to.be incurred in constructing necessary
water and sewer improvements in said Village,.and is issued pursuant to and in full
conformity with the Constitution and laws of the State of Minnesota thereunto enabling,
and pursuant to- resolutions duly adopted by the Village Council. This bond is payable
primarily from the Southdale Improvement Fund of.the Village, on a.parity with the
Southdale Improvement .Bonds,'First Seri.es,, dated September 1, 1953, in the principal
amount of $250.$000. To said fund there have been pledged and appropriated all special
assessments and ad valorem taxes levied for the payment of the cost of said improvements
but the Village.Council is required to pay.the same.out of any..funds in the treasury
in the eventthat moneys on hand in sa y id fund are at an time insufficient to meet the
payment of maturing principal and interest.
IT IS HEREBY CERTIFIED, RECITED, COVENANTED AND AGREED that all acts,
conditions . a,nd_ things_, required�by the, Constitution,. and laws _of ,-the State of Minnesota
to be done, to exist, to happen and to be performed preliminary to and in the issuance
of this bond in order- to make it a valid and binding general obligation:of said Village
according to its terms have been done,.do•exist,.have.happened and have been performed
as so required; that the estimated collections of special assessments and ad valorem
taxes levied for the payment of the cost of said.improvements and heretofore appropriated
for the payment of said bonds and interest will be in the years and in amounts required
to produce sums-not less than five per cent (5%) in excess. of the amounts required for
such .principal and interest payments; that a4ditional..ad valorem taxes, if,needed %r
the payment of such principal and interest., may be levied upon all taxable.property in
the Village'without limitation as to rate or amount; and that the issuance of this -bond
did not cause the indebtedness of said Village to exceed any constitutional or statutory
limitation.
'lN WITNESS 1*ffiREOF the Village of Edina, Hennepin County, Minnesota, by its
VillagetCouncil,,.has gagRed_this bond to be executed in its behalf by the facsimile
signature of its Mayor `and the manual signature of its. Village Clerk, and sealed with
its official seal,_ and the interest coupons.hereto appurtenant to be executed and
authenticated by the facsimile` signatures of, said officers, and has caused this bond to
be dated as of December 12 19544
(Facsimile signat e
Countersigned:
Village .Clerk:...........:...:.. ......... - _
(Seal)
(Form of Coupon)
No. $8.50' (612.75)
(B Coupons,,05600 )r
On the 1st day of March (September ), 19 , the Village of Edina *Hennepin
County, Minnesota, will pay to bearer at The American.Nati.onal Bank of Saint Paul, in
St. Paul.. Minnesota., the :stun of DOLLARS
lawful money of the United States,of. America: for. interest "then.due.on• its "Southdale.,
jnprovement Bond, Second Series, dated December 1, 19542 No.
(Facs * * 1 ' ature)
(Facsimile signature)yor
Village Clerk
104
1.2/27/54
6. Said bonds shall be- prepared under the direction of the Village
Clerk and -shall be executed on behalf of the Village by the facsimile signature
( of the AZayor, and manually countersigned by the Clerk, and the corporate seal shall
be affixed thereto, and the interest coupons shall be executed and authenticated
by the printed, engraved or lithographed facsimile signatures of said Xayor and
Clerk. When said bonds have been so executed and authenticated, they 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 obliged to see to the
applipation of the purchase price. -
7. The Village Clerk is hereby authorized and directed to transmit a
certified copy, -of this 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 levied*
S. The officers of the Village and the County Auditor of Hennepin
.County are hereby - authorized and directed to prepare.and furnish to the purchaser
of said bonds and to the attorneys approving the legality thereof certified copies
of.all.proceedings relating to said bonds and such other affidavits, certificates
and information as may be required to show the facts relating to the legality and
marketability of said bonds, as such facts appear from the books and records in
their custody and control or as otherwise known to them, and all such certified
;copies, certificates and affidavits, including any heretofore furnished, shall be
deemed representations of the Village as to the correctness of all statements
contained therein.
The motion for -the adoption of the foregoing resolution was duly
seconded by Bredesen ? and on rollcall there were Three AYES and
NO ,...NAYS, . as . follows: Bredesen,- aye; Bank, aye; .. and .Erickson, age;
whereupon•said_ resolution was declared duly passed and adopted._
Signed: REUBEN F. ERICKSON
Signed: EVALD 0. BANK ;I�ia3cor �-, _ ......
...Village-Clerk. ..
Clerk dank then offered the follID1. 9 resolution and
moved its adoption:.. ................
RESOLUTION PROVIDING FOR PAMMT OF
SURPLUS NLV SSAT R%TORI�S RE±TMR INTO THE
_ SOU 31 OVEI�MT
THDALH FUND-
-, .,.
BE IT RESOLVED by the Council .,of�the Village,ofWEdina, 141innepota as
follows:
1. 'By resolutions adopted October 26, 1953'and December 27, 1954 the
Village has created the Southdale Improvement Fund for the,purpose of financing
various water and sewer improvements in the area knozm as "Southdal.e,is including
the construction of an additional well, pump and pump house_at a cost -of $23,607.77;
and has issued its Southdale Improvement Bonds, payable from said fund, in anticipa-
tion of the collection -of special assessments and taxes heretofore levied in respect
of all of said improvements; that by- resolutions adopted July 10, 1947 and February
23, 1953 the Village has authorized.the issuance of Vateniorks Revenue Bonds, for
the purpose of financing other improvements to.the watentorks system, which bonds
are payable from and constitute a first lien upon the net revenues from time to time
derived from said system, in excess,of current, reasonable and necessary costs of
the operation and maintenance thereof;, that under the terms of said-revenue bond
resolutions,the Village has established a Surplus Account in its ITatervorks Fund,
for the- purpose of segregating surplus net revenues from time to time received in
excess of sums required to pay maturing principal and interest on said revenue bonds
and to maintain required reserves therefor; that said surplus moneys properly may
and should be used to reimburse the amounts expended for the construction of said
well, pump and pump house,, which are deemed to be improvements benefiting the water-
works system.as a trhole, and are hereby authorized and directed to be.so used,
subject to the prior payment of maturing principal and interest and maintenance of
agreed reserves for said outstanding.revenue bonds and any other revenue bonds
which may hereafter be issued and made payable from the net revenues on a parity with
said outstanding bonds, as provided in said revenue bond resolutions, and subject
also to the use of said surplus net revenues, if so directed by the Council, for
future improvements, repairs or replacement's which are deemed necessary to be made;
and the Village Treasurer is hereby authorized and directed to transfer monthly.,
out of any - moneys on hand in said Surplus Acount; to the Southdale Improvement Fund,
the stun of per month until the„ cost of said well, pump and pump house
improvements. shall.. have been reimbursed to said fund., with interest at the rate 'of
per annum; and the moneys so transferred shall be applied solely to the
payment.of the principal of and interest on said Southdale Improvement Bonds.
The - motion for the adoption of the foregoing resolution was duly seconded.by
Bredesen* , and on rollcall there were Three AYES and NO NAYS, as follows:'
Bredesen,.aye;.Bank, aye; and rrickson,,aye;R__.whereupon said resolution was declared
duly passed and adopted.
- Signed: RL+'UBW F. ICKSON
ZTayor. .........
Signed: EWALD C*, BANK
.Villager Clerk..........,....
12/27/54
Bank's motion, authorizing Mayor and Clerk to execute Deed to P.J. O'Donnell and
Ethe, O'Donnell for Trot 9, Block 4, South White Oaks Addition --this being a 9" r
strip_of land at the corner of Maple Road-and 17.,50th_Street, was seconded by-
Bredesen and carried. _ Y
( There being no further business to come before this meeting, it eras zdjourned
( by motion Bredesen, seconded by Bank and carried.
Mr. Mitchell reported that City of M;rneapolxs Estimated. Cost for work to be
( done, _on the Parshall. Flume at 54th and.. Xerxes ,kvenue is .�1,�250 00, which is
lower than the estimate of our Village Engineers: _He:recommended that Village
( authorize Mimnneapolis to do this work, if it is legal to 'do so without tjse
( Village first advertising for bids for work. Bank's motion, that Village enter
into an agreement for said zrork with City of Xinneapolis,'subject to approval
( by Village Attorney. Motion seconded,by Bredesen and carried.
, .. ,.......Village - Clerk..........
LID
X
1
1
106