HomeMy WebLinkAbout19550328_REGULAR.* “““I
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Menibers ansrering RoSLcaU. vere ’Danens, %pa and Erickson.
!Be acting Village Clerk presented affidaviM shoT.ling publication of not5.ce of
sale of $820,000 general obligation Improvement Bonds proposed to be issued for
the financing of Sanitary Sewer Improvement No, 69, being the diagonal trunk
sewer connecting the northwest area qf the Vsllage with the present outlet of the
municipal sever system through Richfield to the ELmeapolis-St,Paul sewage disposal
system, Said affidavit and the terms of the-bonds as set forth in said notice of
sale were examined and found satisfactory and said affidavit mas directed to be
placed on file in the office of the Village Clerk.
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The acting Village Clerk reported the two sealed bids had been received in her
office prior to the the of this meeting, which bids were thereupon opened and pubfjcly read and considered, and the highest and best bid of each bidder was;
found to be as follovs:
NORBWESTEXN NATL, BANK, I-IPIS., .1958-1967 Hatwitis - 2.75% FIRST WTL. BANK, $PI%, AN93 1968-1977 Platurities - 2.W$ None
mocsam (Av, Wb, Rate 0 2.8540634%).
Name of Bidder kteiest Rate or Rates Premium
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EoJoPRBCOTT & Coo, m*m AND co”Y, 1963-1967 Haturities = 2.60% None
JuaAN & I.IOODY,
ATDT.NATL,BANK OF ST*PAm
PAINE,VEBBER,JACKSON & - CTJRTIS (Av.Int, Rate - 2.8327%
%pa introduced the follotring resolution and moved its adoption$
_1 .- ” , RESOLUTION APIAFZDING- SA= OF $820,000
I BE IT RESOLTTED by the Village. Council of $he Village of Edina, ELunesok
that in accordance. with, instructions of this Council notice has been- published of
the sale 9f $820,Q00 negotiable coupon general obligation Improvement Bonds to be
1- dated as of Narch. 1, 1955, and all bids received pursuant to said notice of sale
have been duly opened and. considered and the hi@est and besi of sPch bids is
hereby found and de%er&ned to be &at of ’E, J, fieScott & Go. of I-beapol=is,
and associates wed. theyein, to purchase said bpnds at a price of pas and
accrued interest, plus a,premium of 8
years, set fori& below $0 bear- inkrest at the respective ratesrper annum set-
1958-i.962 pkturities - 2.002
1968-1977 Naturities - 2.90%
flus 1.10% on a31 from 9/1/55 to 9/1/56
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-.* DPROIWE??T BONDS. .
4- . the bonds m&wing in the
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~ forth opposite said majiurity years: 1ktUri-t;s Years Interest Rates’ -
W-mi@ZGities 2&0%
1963-1967 Haturities. 2.60% -
1968-1977 Haturities- 2*90%“
. 9/&/55 tp 9m6 .
(Avmlht. Rate Y 2*8327%) --
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P~LS &.lo$ on all frp c
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.The Hayor and the Acting Village Clerk are hpeby authorized ade d&ected to
endorse the acceptance of the Village upon duplicate copies of said proposd.
and to return a copy thereof to said bidder ard to file the original in the
office of said Clerk.
bidder shall be retabed by the VLXLage Teeasurer pending de3jveq of the bonds
and papnt of the purchase price, and the ghecks of other bidders shall be
returned to them forthifitha
by Panens, and on rolkdl, 4h-e were 3 AYES NO
Tupa, aye; and Erickson, aye; rJhereupon said resolut
The good faith check furnished by said successful
Ths.motion for the adoption of the foregoing resolution ~ras duly seconded”
I , and adopted,
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Rrpa introduced the following resolution and moved its adoption:
. RESOLUTION CREATING 1955 FIRST SERIES B*PROVEDENT BOND
FUND, BROVJDING FOR ANp KPPROPRXATING SPECZAL ASSIEsSlENTS
- FOR rME SUPPORT AND EIKWIXNmCE pIE3EOF, .AM) D3REC“ING
ISSUANCE OF IWROVENEXX BOWS . .
BE IT RESOLXED by the Council of the Village of Edina, Fmesota, as
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f OllOt7S : ~.
This Council has investigated the facts necessary to ascer~in and
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does hereby find, determine and declare that the Village of Edina has &Xy-
determined, after public heaxing as requSred by law, -the necessiiy of construction
'of a trunk sewer to connect the northwest area of the Village*with the outlet of the
mmicipal sewer system through Richfield to the Minneapolis-St. Paul sewage disposaZ
system, which improvement has been designated as " ttSanitary Sewer bprovenent N0*6911
and the Village has ordered, received and approved-plans and specifications and -
entered into a contract fof Me constructibn of said improvement after due advertise-
ment for bids; that the total benefits resulting from said Lmprovement to the 'Lots
and tracts of land subject to assessrent therefor will be not less than the total
cost of said improvement, which-cost is presently esthated to be approximately
@820,000; that it is contemplated that the total amount of said cost will be
assessed agabst those lots and tracts specially benefited by said improvement,'
and that such assessments will be made payable in twenty (20) equal annual install.-
ments, rJith interest on the balance thereof remaining nnpaid,from time to time at
the rate of 5% per annum, to be spread upon the tax rolls of the Village for the
years 19% Mough 197s and collected in the respective succeeding years, provided
that the right is reserved to pay such portion of said cost, if any, as &is Council
shall. subsequently determine 5n accordance with existing law, out of taxes on all
taxable property within the Village; that thg Village nox owns easements and rights
of way over all st5eets and other properties requiped for thecconstruction of said
improvement; th&t it is necessary and expedient for the VilLage to borrow at this
ti&e the sum of $820,000, for the purpose of paying expenses incurred and to be
incurred in connection with said improvement, by the issuance of general obligation
Improvement Bonds in accordance with the provisions of Minnesota Statutes, Bect3.on
429.091, Subdivision 4, and said bonds have been duly advert5sed ?nd sold at public
sale; and that all acts, conditions and things required by the ConstLtut5on and
Iaws'of the State of Einnesota to be done, to exist$ to happen and to be performed
preljminary to the issuance and sale of s aid bonds have been done, do exist, have
happened and have been performed in due form, time and manner.
A special debt redemp€ion find @hall be and is hereby created to be
designated as the Q955 First Series Improvement Bond Wnd," and to be held and
administered by the Village Treasurer in accordance with the provisions of
B3f.nnesota Statates, Sec-bion 429.0919 Subdivision 44 which fund shall be administered
and accounted for in the manner herein specified until all of the improvement bonds
hereb authorized and interest thereon shall have been fully paid; provided that
said find may be consolidated with sMlar funds maintained for the payment of
improvement bonds of the Village of Edina, to the exbent and in the manner now or
hereafter pehnitted by law. A separate fund is also hereby created and Shall be
mabtained fhr the improvement financed by this issue, which fund shall 6e designated
%'hnitary Seser Improvement No. 69 Fundolt
bonds herein'authorised shaU be credited to said improvement fwld, and from said
fund shall b& pajd all costs and expens& of making the improvem&xb, as i%ch eqenses
are incurred*and allowed, and the moneys in said fund shall be used for Zo other
purpose; prokided that (I) there shall be transferred from the ftmd of did improve-
ment -t;O the' 1955 FSrst Series Iinprovement Bond Fund an amounk e@al to ij3eres-b
computed at five per cent (5%) per annum on the cost of such impPovement'from the
date of issu6 of the bonds-herein authorized to the dab upon ihich the Zss&sment
roll for suc6 improvement shall be finally confirmed, such amount being hereby
found and de%erinined to be a reasonable and proper element of the cost 09 each of
said improv&ent, and said cost having been capitalized in the pPincipal-amoun% of
%his issue; &d (2) upon completion of said improvement any unexpended baance Ln
the find of guch improvement shall be transferred to said 195s FArst SerTes Tmprove-
mat Bond Fukl.
a11 colleetihs of the special assessmehts herein agreed to be ItXied ani3 all accrued
interest and'premium received upon delivery of said bonds.
shall be hela and used only for the payment of the principal of and int&est on
as such 6onds become prepayable, as hereinafter set forth; provided that in the
event that it shall be detedned bp the Council to be necessary to borrow additional
moneys for the payment of the cost of said improvement, and if such cost shall prove
to exceed the amount"hereinabo-8e esthated, and if the Village shall undertake and
agree to levy special assessments and/or general taxes in excess of -the momts of
agsessments herein specified, the Villlage shall have the right and power t0 issue
additional improvement bonds payable from said 1955 First Series Improvement Bond
Fund on a parity with the bonds of the issue herein authorized, but the'amount of
all bonds issued in respect of said improvement shall not exceed &e total cost
thereof or the total mount of the assessments and taxes levied therefor. *
The Village hereby covenants and agrees that it will do and perform,
as soon as may be, all acts and things necessary for the final and vaZid levy of
said special assessments, and all collections of said assessments are hereby
im*evocably appropriated to said l955 Fbst Series Improvement Bond Fnnd. In the
event that any such assessment shall be at any tkme.held invakid xi.%h respect to
any lot OF tract of land, due to any error, defect or irregUJ-arity in any action
or proceeding taken or .to be taken by the VLXLage or by this Council or by q of
the Village's officers or employees, either in the making of such assessment or in
the performance of any condition precedent thereto, the Village hereby covenants and 4'
agrees that it will forthwith do all such further acts and take all such further
proceedings as shall be required by law to make such assessments a valid and bindim
Uen upon said property. I
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2.
The proceeds of sale sf the %rovemen%
There shall be credited to said 1955 First Series ImproFement Bond
The fioneys iTi said fund
1 said bonds a& such payments become due, or to prepay and redeem the same'when and 1
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4. The full faith and credit of the Village shall be and is hereby . *.. irrevocably pledged for the prompt an3 full. payment of the princspai of and
interest on said bonds, It is estimated that the collections of said special
assessments, togeiher with the capitalized j.nterest appropriated to said 1955
First Series Wprovem&t-Borid Fund, r.Ti3.I. produce sums not less than 5% in exeess
of the amounts needed to pay sad principal and interest when due, in .accordbe
moneys in said fund should be insuffjcient to pay all such principal and hterest
due tde Council. shall provide sufficient moneys for such payment from any other
funds in the treasury of the Village, and such finds may be reimbursed from the
proceeds of said special assessments vhen collecbd and the'village shall have the
paver and authority to levy ad valorem taxes upon alz of .t;he taxable proper* w%tbin
i@ chporate limits to the extent required to restore any deficiency in said fund
for the payment of said bonds and interest, r8hich levy may be made without Wtation
as to rate or amount.
tion of the'collection of said special assessments, the Village shall forthdm
issue its negot5Abl.e coupon general obligation Improvement Bonds of 1955, First
Series, to be dated as 62 lkch 1, X955. Said bonds shall be 820 3.n lnunber and
numbered frorn 1 to 820, inclusive, each in the denomination of '$lsOOO, and shall
mture serially on Z&ch 1 in the years and amounts as fo3.Ior.r~:. #45,000 in each
of the years 1958 Wough 1961 and $40,000 in each of the years 3962 through 1977.
Bonds nnmbered 1 through &O (maturing in the years 1958 thi.ougli 1967) shaU be
payable at their respective stated mtditg dates without option of prior paymen%,
but those hered 421 through 820 fmaturing in the years 1968 through 1977) shall
be each subject to redemption and prepayment at ~e option ofcthe Village, 3% pal
and accrued interest, on 1-krch 1, 1967 and any b'krest paymbt date thereafter, in
inverse order of their serial muribers. No€ less than thirty days prior to the date
specified for the'redenption of any of s&d bonds the Village Treasurer shall mail
notice of the call thegeof to the holde$, if knotm, and to the.bank at r.rhic;h principal
and interest are then payable, and said Treasurer shall &nWn a record 6f the
nmes and accresses and serial m6ers of holders of prepayable bonds, so far as
such infomation is made available to him, for the purpose of maiklng such noticese
The bonds of said issue bearing -&e serLal nmbds Zuid maturing in the years set forth
below shall bear interest at the respective rates per annum set forth opposite saLd
serial nunibers and rna4xri-b years:
- with the provisions of Ennesota Statutes, Section 4'&61. I2 at any time the
5. .For the purpose of pasing the cost of said hprbvement and in anticipa-
"" Serial Nturibers Maturity Years
1- 45 Inc,
is73 1974
4 1975 ..
. fiterest Rates
. 2.00%
2em%
2.00%
2000%
2.00%
2.60%
2.60%
20 60%
2060%
2.6a
2 a 90%
2. ,so%
2.9@% ' 2.90%
2cgOg
2090% - 2.90%
2.?0% '
2.90%
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--- Said --~ interest shall be payable September 1, 1955 and sdannudlly thereafter on Harch
1 and September 1 of each year. Each and all. of said bonds shall bear additional
interest at the rate of 1.10% per annum from September 1, 1955 to September 1, 1956,
Which interest shall be evidenced by a separate set of coupons appurtenant to each
bond, designated as l1BI1 coupons, and shall be payable semiannually on %larch 1 and
September 1 in the year 1956. Bot@ principal and interest shall be payable at The
American National Bank of Saint Paul, in Ste Paul, M5.nnesota, and the Village hereby
agrees to pay the reasonable and custonery charges of said paying agent for the
receipt and disbursement thereof.
6. Said improvement bonds and the interest coupons appurtenant thereto
shall be in substantially the following form:
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1 3/28/55 149
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IJNITED STATES OF fUEFtICA
. STATE. OF MZ-OTA
ElIaOW ALL HEN BY THBE PBESEHTS that the Village of Edina, a duly organ5,zed
and existing municipal corporation of the County of Hennepin, State of Minnesota,
acknowledges itself to be indebted and for value received promised to pay to bearer
the ,sum of ONE THOUSAND DOLLARS on the 1st day of Ikch, 19, or, if this bond is
prepayable as stated below, on a date prior thereto on which said bond shall have
been duIy called for redemption, and to pay interest thereon at the rate of
per cent ( %) per annum from the date hereof until said principal m be paid, or
until this bond, if prepayable, has been duly called for redemption, payable September
I., 1955 and saannually thereafter on the 1st day of March and the 1st day of
September in each year, and to pay additional interest on said principal sum at
the rate of one and ten hundredths per cent (1.10%) per annum from September 1, 1955
to September 1, 1956, payable semiannually on kch 1, 1956 and September 1, 1956,
interest to maturity being represented by and payable in accordance with and upon
presentation and surrender of interest coupons appurtenant hereto, which are in two
sets, one set evidencing interest at said basic rate from date of issue to maturits
1
This bond is one of an issue in the aggregate p6incipal amoht of $820,00039
a11 of like date and tenor except as to serial numbers, inkerekt eateb matwi'by
and redemption privilege, all issued for the purpose of defraying expenses incurred
and to be incurred in constructing a necessary improvement in said Village; desig-
nated as llSpitary 5arer Improvement No. 69,lJ and is issued pursuant to and in 2uJ.l
conformity with the Constitution and lam of-the State of Ei.nnesota thereunto
enabling, and pursuant to resolutions of the State of Minnesota thereunto enabling,
a.nd pursuant to resolutions duly adopted by the Village Counc&, This bond is pay-
able primarily from special assessments to be levied for the payment of the cost of
said improvement, but the Village CouncLl is required to pay the same out of any
fund of %he Village in the event that the assessments collected at any time are
Imuffic5ent to meet the payment of maturing'principal and interest.
through 1.967) &e payable at their respective stated maturiq dates without
option of prior payment, but thos& nuttibered 4.21 through 820 (maturing in the
years 1968 through 1977) are each subject to redemption and prepayment at the
option of the Village, at par and accrued interest and in inverse orde; of their
serial numbers, on March 1, 1967 and any interest payment date thereafter. Not
less thaq thirty days prior to the datetspecSied for re$emption of any of said
bonds the Village r.JsIl mail notice of tihe call thereof to the holder, if knotms
and to the bank at which principal qd interest are then payable. Holders of pre-
payable bonds desiring to receive such notice may register their names and addresses
and the serial numbers of .their bonds with the Village Treasurer.
IT IS HEREBY CERTIFIED, RECITED, COVENANTED AM) AGREE?) that all. acts,
conditions and things required by the Constitu.tion.and.laws of %e State of
Ninnesota to be done, to exist, to happen alid $0 be performed pre2L?xhary- to and
in the issuance of this bond in order to make it a valid and binding general
obligation of said Village according to Lts terns have been done, do exist, have
happened Fd have been performed as so required; that the estimated collections
of said special assessmenth will be in the years and amounts requires to produce
sums not less than five per ceht (5%) in excess of the amounts required for pay-
mentwhen_due of the principal and Anterest on all bonds of this issue; that ad
valorem taxes, if needed for the payment of such principal and interes't may be
levied upon all taxable properw in the Village without lhitation as to rate or
amount; and that the issuance of thik bond did not cause the indebtedness of said
Village to exceed any constitutional. or statutory linritationr
Bonds of this issue numbered 1 through 420 (maturing in the years 1958
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TN WITNESS "HEBEOF the Village of Edina, Hennepin County, M.nnesoJGa, by
its Tillage Comcil, has caused this bond to be executed in its behalf by the
facsimile signaturk of its Mayor and the marrual-signa%ure of its VLllage Clerk,
and sealed with, its official seal, and the interest coupons appurtenat here-ko to
be executed-and authenticatedby the facsimile signatures of said officers, and
has caused this bond to be dated as of fkch 1 Y
Coun-kersignedr
158' 3/28/55
(Form of Coupon) 1
.( No. 8
Orz the 1st day of Blarch (Septe~~iber), lY2 the Village of Edina,
'. **. * H-eph, Co~%y;-E.n&5srct;a, wiU+,pay $0 Warm, a$;
I Xrst Series, datedLXarch 19 X?ss3 No, 8-
,+
1 .I * ,, ;* j'zi -- -3
La -.
uL c .(
I thesumof MIIJ;BRs lawful money of the
United States of America for bterest then due on its .kprovement Bond of l95ss
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(Facsimile signature) __ Village Clerk +
(Coupons munbered 25 and upwards shall also include the
-phrase: IrUnZess the bond described below is called for
c earkier redemption".)
-c T8 Said bonds shall be prepared under the direc.t7ion of the ViUage Clerk
and shall be executed on b&aX 02 the VjJlage by the signature of the Isbyor,
countersigned by the Village Clerk, ahd the corporate seal shall be affixed thereto
and the.interest coupons shall. be eLnecuted and au.trhenticated by the printed,
engraved or Ethographed ;facsimile signatures of said 3byor and Village Clerk,
Vhen said bonds have:been so executed and authenticated they shall be delj-vered
by the Treasurer to %be purchaser thereof upon payment of the purchase price hereto-
fore agreed upon, ani said purchaser shall not be obliged to see to the application
of the purchase price.
ceFtifjed~copy of this resolution to the County Auditor of Hennepin County for
c,er%i.fication that the bonds herein authorized have been &ly registered.
The officers of the Village and the County Auditor of Hennepin -
CiJunty are hereby authorised and directed e0 prepare and ihrn5sh to the pur-
chaser of said bonds and to the attorneys approving .the legaU.tiy of the is-
suance thereof certif5ed copies of all proceedings relating to said bonds and
to the fimmial affairs of the Village, and such other affidavies, cert;ifi-
cates and information as' may be required to show the facts relating to the
1egdii"cy and marketability of said bonds as the same appear from the books and
records under their custody and control or as othmxke kxtoFm to then, and all
such cer-klfied copies, certificates and affidavits, including any heretofore
furnLshed, shall be deemed represen.t;at;ions of &e Village asvto the facts re-
cited therein.
seconded by Danem and on rollcall,
as fo33arst: Danens, aye; Tupa, aye$ and Erickson,
reSolut5on -was declared day passed and adopted.
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8. %be Village Clerk is hereby authorized and directed to tr&rd.t a
c 9.
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!&e motion for %he adoption of the foregoing resolution was duly
Clerk read' copy of mailed notice to all ovmers of property within 500 Feet of
"The North 55 Ft. of Lot 9, Block 2, South T.Jhite Oaks kddne (4832 Tovmes Rde)" and
&yor Erickson called- Public. Hearing on petition of &* Ben j Simpson for. .permit
$0 c&struct a dwellhg on this tract of land, in non-conformance with the Zoning
Ordinance,
structed; and&, Simpson's attorney explained that the majority of the people
0v-g property in the block had been consulted, and had not objected to the
construction,
himself and frop I&, PaGe, IJaple Road, stating that they object on the grounds
that other residegts 'a the neighborhood wllecornpelled to comply with the ordinance
and that *hey feel that construction of a flwelling on such a mall tract will
devalwte their properties,
been a' builder 5.n Edina for years .he should have been amre of building restrictions.
Xr, Beber asked for delay in action, explaining that he is r.rilling to buy this tract
froml-Ire Sknpson "for what he purchased it for" if &e Sbpson 1611 agree,
motion, that actipn be tabled fok. further studx, ms seconded by Danens and carried.
Nr. Simpson presented plans for the dwelling proposed to be con-=
$&e Fred Beber, 4828 Tovmes Road, presented objecting letters from
I'ke Beber stated that, inasmuch as &e Simpson had
Tupa's
3/28/55 { 15'1
The next Public Hearing held, pursuant to mailed notice, was on the petition of &s,
Edith Waste for permit to construct dwelling on Lot 13, Block 7, Browndale Park (4395 Vernon Ave.), facing said dwelling on If.44-Lh St., rather than on Vernon Ave.
There' were no-objectors at the Hearing, and .no written objections had been received
prior theretaj but, inasmuch as firm plan vias not presented for dwelling, Tupa moved
for continuance of Hearing to next meeting, in order that said plan might be
presented to Council. Notion seconded by Danens and carried.
Efessrs. Svobodhy and S&ad presented a petition containing signatures of 50% of
owners on Jefferson Avenue between Nelson Avenue and Belmore &ne, requesting its
Grading and Gravelling. They presented ropgh profile, sfnowing they would like the
grade changed from that grade proposed by Village &gineers;.and pleading that
work be expedited in order that they mighthave grades established for several.
homes they vAsh to conktruct.
Zikan on this matter, especidllytcith regard to drainage problems.
Attorney Thos. Vennum, representing Pischer & Porter Company, the low bidder
February l.4, on Chlorination Zquipment, spoke at some length in protesting the
award of bid to ?Tallace & Tiernan, kc., and in attempting to induce the Council
to reconsider its action. .Mr.lVenhm reviewed proceedings had, from the speci-
fications to the final award; stating that, in his opinion, the Utilities Supt.
did not give sufficient consideration to.the merits of the product of the low
bidder before making his recommendation to the Cowcil, and that the Acting
Ifimager, also, did not make the effort to become acquainted with this product.
Acting Nknager Zikan asked the Company representative, Pk. Schwab, just when he
had first left &nfomation on his product with I&, Woehler; and was informed by
Mr. Schwab that information had been left with Nr. Ifoehler on February 9, 1955.
On being asked for his opbion, Village AttorneylJadhorst stated that it is his
opinion that %hichever way the Counciljumps, it -is going to be ~uBd.~* Nayor
Zriclcson informed 3fr. Vennum that Council will take no further action-on-matter '
of award of bids for Chlorination Equipment.
I&. Albert Ydpp*s letter, advising that he, himself, does not intend to improve
Lot 19, Block 1, Brookside Heights (for which he has petitioned rezoning), and
advocating change in Tillage Zoning Laws--but giving no further information as to
the intended use of the propegty--was read. It was decided to continue Hearing
indefinitely, until some plan is received fromI!. Kipp.
Mr. Don Anderson appeared before the Council to request that he be allowed to
pl& Tzl 1!Niinb2andaJ.e . Planning Commission recommendations of 'March 16th
were reviewed; and I@ Addy Joined Nr. Anderson in request that Council_ allow
these l.431~2861 lotsh8- subdivided @to lots meeting present zoning ordinance
requirements. ,The large assessments to be placed against these lots for sewer,
water, etc., were cited as the principal reason for replatting-with developers
stating that, with assessments, one L$3'2286* 10% would cost approximately
;IlO,OOO. BIr. Rudolph Zofgren, resident,,in the area, spoke in opposition to
replatting; stating that there are other objections, as made before the Planning
Commission.
devaluate the homes already constructed on the large lots. Danensl motion, that.
proposal be referred back to the Planning Commission for further study, vas
seconded by Tupa and carried.
Petitioners were asked to get together with Engineer
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I&. hfgrenfs objection vias on the grounds that replatting youLd
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Bk. Reite, owner of Lot 3, -Block 1, Elmwood Terrace, again requested permit to
build on this 55-fOOk lot. ~ I&, Zikan reported that he has had -a meeting with
Elmwood Teqrace oimers, in response to:.ibtructions -by the Council; but that,
for various reasons, ovmers do not fee1,that they can replat. Inasmuch as the
matter of the easement for sewer was not yet dediced, -Nr. Xeite.was asked to
get together with Hessrs. -Windhorst and Zikan-to see what could be worked out.
Xr. Joe Pavlovic 7requested nullification-'of cerbain Special Assessments levied against Lots 20 to 24, Inclusive, Block 8, Fair€axAddition;-e>rplaining that the
wishes to purchase these lots from the State; that he is trilling to have said
assessments re-levied against the properties-just as soon as he has purchased
them; that what he wiashes to avoid-is the payment of the specials in one lump
sum. It was explained that there has been some discussion vdth the hd
Commissionerfs Office on this matter; and a form of resolution tas submitted
for Council action. - >Ire Windhorst advocated adoption of the Resolution, subject _.
to a check by the Attorney: on the propriety of the action to be taken; and Tupa
offered the following -Resolution and moved its adoption subject to I%?. Windhorstrs
alnnull@g all proceedings had in-the-matter of improving Concord Avenue
between fT.558i;h and W.59th Street by Grading & Gravelzing (Grading-
Tmprovement go. C35-C-36) and in the matter of improving said street by
Sanitary Lateral Sewer No. 55; and also in the matter of improving lJ05&h
Street by-Grading and Gravelling (Grading hprovement No. c43, SO^^ as
Lots 20 to a, Inclusive, Block 8, FairfaxAddition, Hennepin Comty,
JJIinnesota, pertain to said improvenmts.
stipulation: REs0LuT10N
152 3/28/55
ill3 ,E EZSOLYZD by the Village Council of the Village of Edina:
Shat-& proceedings had & ?the matter of improving Lots 'x) to ,a, inclusive,
Block. 8, Fairfax Addition, by Grading hprovement Nom C35-St G36, Sanitary Lateral
Sewer IVo. ~ 55, and-Grading Improvement No, C43, together vdth-the '*Assessment Roll"-
passed and adopted by the Village Council January 24, 1955, pursuant to the pro- -
visions of Chapter , lozT.rs of E.finnesota. , in the above entitled improvements,
with regard-to the zforementioned lots are hereby annulled and abandoned,
*- ?. .
Hotion for adoption of Resolution was seconde
three ayes and no nays,-.as follows: Danens, aye;
the Resolution was adopted.
Q&J a' I
Two. applications for Sign Pernits were presented:
. la Application of Halla- Nursery for EIetaI. Si@ lO'%LO'.. on roof of their Nursery
Bading; this sign being with re-coramendation af Police Captain EfcGary that
s5gn be lighted from darkness to 1O:OO PmNo
2, Application of Greguson Nursery, 5125 Vqnon for two signs-1, l$&S and I, - &de, on roof of their building.
%pa moved for approval of sign permits in accordance with Police Captain's
recommendations, Uotion seconded by Danens and carried. - r.l
A petition was filed protesting Blacktoppiag and Curb between ~60th and ITm61st on
ChoTmn Avenue, until after all construction is completed in Bek-Bir Addition,
Danenst-gotion, that petition be accepted and be kept on file pending initiation of
proceedings for these improvements, was seconded by Tupa and carried,
Police Gapta5n'NcGaz-y' s recommendation for the licensing of nurseries and nursing
homes was sub@tted, and was referred to the Ordinances and Legislation-Codttee
-
for Study. ..
Police Captain HcGaryls requisition for portable scaI.es was referred to the
Engineering Dep-&men$ for estimate of cost on this equipment,
Governor Freeman's report on Traffic Safety Conference held January 26, was reviewed
arid ordered placed on file. I -
Notices 09 Claim for Loss or Injury, filed by E&, and Xrs. Don C. Hey, in the anoun%s
of $1,500 qd $5,00O,,in connection with an Ueged injury to I&Sm. Hey*, person in a
fall on the sidevdk at 4120 1.r. 50th St , (Library) , were reviewed and ordered
The following Improvemeni Petitions were filed:
I
r r
referred to the Village Attorgey. I .-I
I
1. For.BlacUopping $n Nly extension of Parlamod Rdm in Parkmod Knolls 4th*
2, For 'Sanitary Sewer in E4ikulay Bros, Addnm 3. For Iktemain-in IWsulay Brpss,fiddn.
4, For Sanitary Sewer in the ave-named streets 5n "JmAm Roberts Estate":
lfyrnan Ave,, Uaddox he .to W,&3rd St,; t.T,6&d Stma TJpan he, to Cade;
$J.62nd-Sta,V..View Rdm to VQryan Ave,; !%ddox Lane,* jQnan kve. to
&Lldred Ave, ; -V.View Rdm ,- )la 62nd St to tfm63rd, St ; Eldred Aye, ,
TL62nd S$m to IT.63rd sta; Code Avea, Wm63ld Stm to V,View Rdm; Rolf
&.re,, V,View Bdm to 8,63rd _St , ; -Robey&s P1, , _Rolf Ave, to i;iilry@ Ave. ;
e Ijilryaq Ave,,-W.62nd->trn t0~Wm63~d Stm; lj.63rd Stm, Rolf Ave. to 11-m
5. For Watermain in -@.1 of the above named streets. 6. For SmLtary Sewer in V.57th St. or Ne Part of Noramdale Ctm, from &Jym 100
to Nqrmandale-Court & the pond.
7. For,Vaternah @ the above named street:
8. Eor Sanitary Sever in Bedford Ave., T'I,51st to TTm52nd Stm
9. For Watermain in Bedford Ave,, -1fm51st to %'a 52nd St.
10, For Sanitary Sewer in Wlliam Ave, from T{.-52nd to 'I;T,$lSt Stm It,, Supplementary-Petition *for Blackiiop in I$ylmod Ad-km (want tlork expedited) a
12, For Connection*-to Sanitary Trunk Sewer, .to serve Lot 2, Blm r-3 of Kesler
13! For two sewer connections for Lot-40, on Benton ke. (&&a Zikan eblained
that a &tepa1 Sewer will take, care of the second connection, here) a
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Hilltop Adha
Tupa moved that petitions be accepted, and that Public Hearings be scheduled as soon
as 'Engineering Department has completed prelimin.py plans and estimates, .Notion
seconded by Danens and carried,
Izll the matter of peti%ions, l-ba Zikan presented to the Council. a detailed report,
shopfig the work to be processed; and asked tha-b the Cop5l. set a cut-off date €or
acceptance of petitions for work to be completed this year. Aft;er some discussion,
Tupa moved for April 15, as said cut-off date,
.-
Notion seconded by Danens and carried,
3/28/55
,
The Dayton Company presented its request for a Public Hearing on petition heretofore
p2esented for the improvement of France Av~nue,.Jf066th St., and Valley View Road
&&ended; and Nr. Zikan reviewed plans qd an Esthate of Cost of $525,000. Danens
offered the following Resolution and moved its adoption:
RESOLUTION PROVIDBIG FOR PUBLIC mARING
-- PROPOSED STFEZT DIPROYEiN@JTS .
El?, IT RESOLTED by the Council.of .the Qllage of Edina:
as to the.feasibility of the proposed street improvement described in the fora of
Notice *of Hearing set forth below, and as to the estimated cost of such impm'vemen-t;,
said reporf; is hereby approved and directed to be placed on file in the office of
the Village Clerk.
Zdina Village Hall, to consider in public hearing the views of a11 persons interested
in said proposed improvement.
The Clerk is hereby authorized and directed to czuse notice of the time,
place and-purpose of said meeting to be published in the official newspaper once a
week for two successive weeks, the second of which publications is to be not less
than three days from dzte of said meeting, which notice shall be in substantidly
the following form:
. , l.?. *The Village Engineer, having- submitted to the Council a preliminary report
2. This Council shall meet on Monday, April 11, 1955, at 7:30 P.N., in the
3.
4
NOTICE OF HEAa3NG
EBOPOSED STREZT , , IWROl%EXElJT
NOTICE IS HEFd3BY GIWN that $he.Edina_T&&&age. Cou~cil will meet at the Village Ha31
on NondaJr,. A~ril Jl,.,l95!5, at 7:30 P.3fAy, to consider the following proposed &prove-
ment;'to be. constructed under the authority granted by r?limesota Laws of 1953,
Chapter 398.
Znngineer as set forth below:
-
The approadmate cost of such improvement is estimated by the Village
- BT. COST .
The widening, clearing; grading, graveling, construction . -. - 1-
of storm sewer, blacktopping and all necessary appurte-
nances, in France Avenue between 11.64th andJL73rd Sts.,
and in 1.7.66Gh St . between Valley View Road wended .South
and a point 1,100 Ft. East of Fragce Avenue; and
The opening, clearing, grading, graveling, construction of ,
storm sewer, blacktopping, and all necessary appurtenances
in Valley View Road, extended from If. 62nd St . south and
easterly to France Avenue at approxjgmtely W.69th St.
"
- $52 5,000
The area proposed to be assessed for the cost of-said proposed improvement is as
f ollorus :
Southdale Shopping Center, bounded on the North by W.66th St,, on the
South by W.69th St . on the IJest by France Avenue, -gd on _the East by
York Avenue .- and *York Avenue extended .South -to W,69th St.
1 GIRETCIJX So AI@N, Acting Village Clerk
VGage of Edina -
Motion for adoption of the Resolution was seconded b
were three ayes "and no nays,, as follows:
ATTEST: .
a, and on Rollcall there
Danens, aye; and Erickson, aye;
and the Resolution was adopted. =-
Danew moved, directing Acting Village Nanager to advertise for bids to be taken
Eonday, April ll, on sand, rock and blacktop materials needs for the Year 1955.
Notion seconded by Tupa and carried.
Mr, Zikan presented Preliminary Plat of Portercrest, which the Plannirlg Commission
had recommended for approval liIarch 16, subject to developer's igcluding Code Avenue
in grading and graveling of plat. Danens's motion for approval in accordance with
Planning Commissiont s recommendation, was..seconded by Tupa and carried.
Preliminary Plat of Hrs. Code's property between Valley View Road and B.60th St.
yas presented; Planning Commission having recommended approvq on strength of
new 1IHardsahip'r- Amendment to Zoning Ordinance.
on Preliminary,Plat for Nondax, AprQ 11.
1
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Danens moved for Public Hearing
Hotion seconded by Tupa and carried.
Fin& Plat of 'IJanes Bo Eoberts Estate," West of IKLryan and between V.62nd and
F1.63rd.Sts., was presen-bed; approval haying been recemmended by Plann-@g Commission,
.subject ,to proper signatures, bond for road- construction includipg Code Avenue, and
proper cross sections.
the plat did not meet Zoning-requirements; and Qanens moved for Public Hearing on
No formal- action was taken concerning the Plannjng Commission' s recommendation
for a study by Messrs. Law and Zikan for study and recommendation on possible
rezoning of an area Sou'bh of W.70th St. and East of the Railroad, as petitioned by
Mr, Zikan informed the Council that a few of the-lots in
. Plat for April 11. Notion seconded by Tupa and.carried.
Itr. E. c. Stow. ..
3/28/55
Final Plat of *#Replat of Part of Grandview Plateautt vas presented, this being a re-
plat o$ small. lots into lpger ones, Hr. Zgan reported that replat is for purpose
of constructing Double Bungalows; and it was noted that Public HeaYing on proposed
double bung&otTs.had been held October ll, 7-954, and peqission for them granted.
Danens movsd for approval of Fiq& Plat. Xotion seconded by Tupa and carried.
Fhal Plat of a llRearrangernent of Gts 27 through 33, Block 7, Southdale First
Additbn, being e. h$els Subdivision of seven lots into six, was presented,
together with Pl.aming Commission's recommendation of Narch 16, for approval.
Danens' motion-€or approd of Final Plat vas seconded by Tupa and carried,
iction."on Preliminary Plat of U&ut Ridge was deferred until subkission of topo-
graphy and.-land survey, in accordance-xtth Planning Commission' s recommendation.
Planning Commission1 s recommendation for th; alignmeit and right-of-way widths
jndicated_on the County Highway Department Plan for County Road 18 between State
Highway $169-212 and Hine Ele Creek; and their suggestion that Euilding Inspector
be instructed to avoid issuing any building permits that are in conflict vith
right-of-way lines as shom, were reviewed,
13r. Dudley Eric$son, attorney for Ilk. If. D. Coffm, purported otmer of tfmore than
120 acres surrounding the proposed sit-e of water tank on three sides," protested
construction of water tank on the O,&L Spande-pf.operty just South of W.7Oth St.
1-k. Ericgson asked Council to delay action until such time as neighboring properby
ovmers have had a chance to voice' their objections at a Public Hearing.
moved €or Public Rearing on proposed water tank site, for %ionday, April ll, at
7:30 P.N. . Hotion seconded by Danens and carried.
Plwning Cozmission' s recornendation
accepted, by comon consent. I .. \
Tupa
1
I&. Gridn i-icLzlla,n, &ea Business Agent for kternationd Union of aerating
Engineers, piin City Jlocd. Union No, 49, presented witten notification that this
Union is now represenihg Vglage employees.
Council, concemkg wages, -seniority, and working conditions. Council asked that
interview be postponed until after City Iknager Hyde arrives.
1-52. Uax COB. Hoppe, 632+ France Avenue Sou%h, presented vritten request, setting
€or@ his reasons for desiring barricades on Peacedale Avenue and on France Avenue
to close off 64th Street. Danens' motion, that matter be referred to Police-
Depmtment for hediate action, vas seconded by Tupa and carried.
I-&. Zikan asked for Council authorization on the following projects:
He asked for an intergieii with the
A, Curb and Gutter, Concrete Apron in front of Fire Station, and'Blacktopping
for Village Hall Parking Lot.- The matter of replaceugh of the sod ltislandll
in the parking 109 with concrete strip vas also discussed. Danens' motion,,
that Acting Village Xanager be directed to advertise for bids for Curb and
Gutter, Concrete Apron, and concrete strip to replace sod, just as soon as
specifications can be completed, was seconded by Tupa and carried.
B, * TTidening of Eden Avenue from W.5G-th St. to Hiphway No, 169. Xayor Erickson
demurred at plans to 1:riden to Hi&way No. 169 at this time.
that the South boundary be set; and then thzt Engineers see what other width
is needed. 1.k. Zikan asked vhether Council intended to assess this project,
and Council agreed by common consent that this would be a maintenance project,
without assessment .
C. W,54th St., 1Tooddal.e to Creek (Blackbop%)
D. ?looddale, If..56th St. to Valley-View (Blackbop) . . . ?{ith regard to these two projects, Council was appraised of 19% Council's
de-ke-gthation to assess half the cost of these projects; and it was decided' ..
that Er. Zikan and 1-Ir. Jonas should review schkdule of work, to see if Public
Works. Crey can do this work, taking into consideration the Council*s thought
that the Blacktopping of the Village Hall- Parking Lot should be done just as
Public Realth Uursing Report for February was submitted and orderkd placed on file.
6r. Zikan reported that the sales&n for the Jarp Plow states that his product is
the same as the Vausau Plow, meeting all specifications of the Wausau Plow; but,
I*&, man stated3- the Fderframe is lighter. Review was made of fact that llzusau
parts are interchangeable with other plows otmed by Vi'llage; and Danens moved that
S-TaUsau Plow be ordered.
Bids on. Tar Kettle were revietred, with Ilk. Zikan recommending that bid be axarded
to low' bidder, Gopher Equipment Coo, at #310.00.
~OVJ bidder, and motion vas seconded by Danens and carried."
Bidson Steam Cleaner and on Roller vere deferred for rZzrther infomation and for
demonstration, respectively.. .
It vas suggested
soon as possible. ._ I
Hotion seconded by Tupa and carried.
_. .
Tupa moy;ed for award of bid to
Ikm Zikan reported that there is some danger that if lots 2,3,4,5 and l4, Block 4,
Brookline First Addition are not acquired by-the Village fromthe State, but are
bought up and filled, it may be necessary to build a storm sewer.
discussion as to acquisition of this hole by any private party; and. it was decided-
by common consent not to make application for acquisition.
The following Licenses, for the Year April I, 1955 to April 1, 1956, were presented,
havbg been approved by Police Captain &Gary:
There was some
N&B - Brow Derby Cafe ... ECIND
Food -
-- t - Cigarette
On Sale Beer
Off Sale Beer
2 Pinball FIach.
Edina Pure Oil 4049 Wa5Oth Sta Cigarette
Roberts Sand & Gravel Co. 7200 France kve. Gas Pump
Zipoy-Wolf e, Ikcm 4948 France Ave. Food.
Ijove cbmpany, LC. 3940 I.Jm5Oth Sta Food
Fanny Farmer Candy Shop 5000 France Live, Food
Edina Theater .Gorp. 39U Trl.5Oth Sta Food " L9 rn Edina Shell Service 4101 ii. 50th St . - k Gas Pumps
Grandview Harket 5033 Vernon hea Food a
- Cigarette -
Off Sale Beer e L3 Fred We Hedberg & Sons, Inc. 7557 France he. So. 3 Gas Pumps
Danens moved for approval of licenses. ,
Plumbers' License Applications were received as listed below, and Office reported that appr-oval .should be made subject to a check on Final Inspections yet to be made.
moved for approval of the following list of Plumbers' Licenses for the Year April.1,
1955 to April 1, 1956, subject to approval br Building-Inspector.
Tupa and ~ carried.
Reuben L.Ennderson-Cherne, Inca
2070 ';fabash Ave,, St . Paul
Roy F, .&nderson G Company gdward D. Paulson ,
2416 &my he. Na ,.- 4555 Grand-he. So,
Helvin Em Saga - 0, Bergerson & Son
5013 S. France he. 5902 Nomandale ad.
Edina Southwest Plbg. & Htga Spetz & Berg Plbg.--Co.
5501,France he. Sa . . 6021 Ityndalle he. Sa
Heqry Harem Plbg. Corn Statewide Plbg. & Htgm Cbm . 9740. Humboldt Jivea Sa
Johnson Bros. Plbg. Coo Stein Plbg. & Htg. Corn
L&?O Excelsior Blvd,
c 4 Gas Pumps
Cigarette
Cigarette
Theater
Eotion seconded by Tupa and carried.
Danens
Motion seconded by
Uilliam Ga Nurphy, Inca
12020 Jarqes Rd., Hopkins
2200 1?.66th St.
9212- Lyndale. he. SOa and I24 Somerville, Shakopee Lake St. Plbg, Go,
- 4732 Nicollet -.Avem Superior Plbgm & Htg. Corn
Midwest Plbgm & Htg. Corn, BCm
Hooney' s Plumbing-Heating . 4.426 Shady OakRoad, Hopkins
2816 .So Harriet he . Henry Pokorny_Plbg. & Htg. Corn
Tom ?viotzko Plbga & Htgm . 61 SI 7th Ave., Hopkins
4160 Vernon Ave,
I 2520 Medicine Lake Drm
1922 liaa78th St, Hopkins Plbgm & Htg. Corn
r
Councilman Tupa introduced and read written Ordinance 30. 61-1 of the Village, as
follows: . ORDzNki\TCE -NO. 61-1
AN ORDINJ.N@ .&@NDING-O€tDIIt&JG NO. 61
OF -THE: ~_j&U.CZ B..TO %ICEXSg .F@S _€$EQUIRFAD FOR . - -OUTDOOX ADYERTISING SIGNS - .
The Village Council of the Tillage. of _3Jdina,.Ninnesota, ordains:
Section 7 of Ordinance Nom
Edina is hereby amended to read as follows:
for each sign exceeding six (6) sqare feet in size, except
and -1
3uch annual fee is hereby imposed at the rate of $10.00 for the first 100 square
feet or portion thereof, plus $2a50 for each additional 100 square feet or portion
thereof up to a total of 400 square feet, and #2.00-for each additional 100 square
feet or portion thereof. Such fee shall be payable at the time of application for
a pernit for such sign, and on or before April 1 of each year thereafter, beginning
April 1, 1955.
an outdoor advertising sign painted on the,roof or walls of buildings, and said sum
shall accompany each application for such permit.11
1.
IISection 7. - License Fee.
(a)
(bj
the- Revised Ordinances of the Village of
Payment of .an annual license fee shall be required __
signs authorized bJr paragraphs 3(a), 3(b) and 3(c)(3) of this ordinance
outdoor advertising signs painted on the roof or 1ml.1~ of buildings.
-
-1 + .---
Kn original pemnit fee of-$lmOO shaJ-1 be paid for each permit for
I56 3/28/55
2. This ordinance shall be in full force and effect immediately upon its -
pas'sage and bublication according to law.
Xr. Tupa stated that the higher license fees therein imposed are to apply to the
license year beginning April I, 1955, and to subsequent years, and therefore the
ordinance should be passed and published before that date. He therefore lequested
that an emergency be declared to exist, so as to dispense with the second reading
ordbarily required for passage of ordinances. On motion.dulymade, seconded and
unanimously carried, it was determined that an emergency &sted as to adoption
of said ordinance. Councilman Daqens thereupon seconded the motion for adoption
of Ordinance No. 61-1, and upon.votie being taken thereon, the following voted in
favor thereof: Ilanens, aye; Tupa, aye; and Erickson, aye; and the folJ-owing
mted againstathe same:
duly passed and adopted, and was signed by the Nayor and his signature attested
(no nay votes) whereupon said ordinance vas declared
- by the Village Clerk. The Tillage Clerk pias aut directed to publish
rdinance in the official newspaper before
rk pias authorized &d directed to publish
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Acting Village. Glerk
Civil Defense Director Palen rev;i,ewed survey of areas to be covered by ALr Raid
Siren,. Tupa moved that-the recomqendations of State and Federal Civil Defense
organizations, locating first siren at 59th and-Park Place, be accepted. Uotion
seconded by Danens and carried.
>&. Zikan presented claim of Ricf;ard E. Olson, mount $46.20, for mileage for
Januqy and February. After some discussion Tupa moved for approval of clat@.
Xotion seconded by Danens and carried.
I&. Zh reported that the Park Department has broken a chain saw belonging to
the public Works Department; that .repair will cost gU.65. I&. Danens advocated
the Park Department's otming its om equipment, in order that repairs and replace
nents &ght be allocated correctly.
a hree triimningt* operation-wlnich is- segregated in the budget.
saw be repaired and cost charged to tree trimmi_ng.
carried . c
-.
&fro Zikan stated that saw had been broken on
Notion seconded by Danens and
Zikan reported that there.is considerable work to be done before Library can-
Tupa moved that
be ozened:
ELectricaJf TIiring~$50,00, and,that painting will be completed by the Hennepin
Count$ forces at $heir cost, if Council so desires. Tupa moved that Acting E.bager
be authorized to-have the necessary work done, in order that Library may be pub
into operation as soon as possible.
Zikan also reported other vork needed, more in the category of capital improvements,
yhich should'be done this year.
No action taken at this time.
Xk. Zih recodended that School Board be required to bring plans for new school
hto-the Village Hall, for issuance of Building Permit. Seconded
by Danens- .and Garried.
3ik. 'Wan repoked'as follows:
petitions foy grading where the trunk sewer is being constructed., It trould be
advisable to do some gradring when the sewer is installed so that the manholes can
be placed at the proper elevations.
does Council 1fis.h to do?"
grading projects for lionday, April 18, was seconded by Danens and carried.
le. Zikan remded Council,thk meeting of Airports Bcc& Roads Gommittee would be
held on Thursday, Narch 31, at 1O:OO A.14.
Bredesen. are out of the city, Nayor Eri-ckson appointed Xessrs. Tupa and Danens as
Edina representatives at meeting.
Petition was received for theleashing of dogs, and I%?. Wndhorst was instructed to
@aft a strict dog control ordinance for consideration by the Council.
Ere Zikan presented a detailed written report concerning the present situation as
to t&e Fire Siren, and recommended tha6 if it cannot be remedied the siren be moved
to the Xillage Hall. Action deferred for further information.
%pa then moved for adjournment, motion was seconded by Danens and carried, and
1:Ieeting T~S adjourned at ll:4O P.&
Painting-$l'j'5.00; Hardimre for doors-#i'5.00; Carpentry, work-~~250,00;
Notion seconded by Danens and carried.
He stated this work muld come,to.some 62,000.
Nr.
r
Tupa so moved.
"There a number of locations there we have no
No money was appropriated for this need. Khat
TupaIs motion, scheduling Public Hearings on proposed
hasmuch as both-IIr. Fronk and 3lr.
- Villa,