HomeMy WebLinkAbout19550912_REGULAR9/12/55
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I ...I INVOCATION was given by the Rev;'Harold Schtreigert of St.Peter's Lutheran c.hurch.
- .-. * ...
Members answering Rollcall were Bredesen; Danens, Fronk, Tupa and Erickson. Nrs.
Ruth Hermanson acted as Clerk until arrival of the-Clerk..
affidavits of Publication in Edina-Norningside Courier and Construction 13ulletin
Septanb-er 1 -and 8, 1955, of llAdvel.i;isement for Bids--Curb qd Gutter: Blacktopping:
Sdtary Sewer Lift Station,!! were presented, approved as to fom and ordered
placed on file.- It vas announced that bids for the Lift Station muld not be
taken this evening because plans and specifications kherefor had not been
completed, Bredesen moved for postponement of thetakhg of these bids to
Monday, September 26, and authorizing advertisement for bids for said date.
jfotion seconded by Fro& and carried. Bredesen then moved for referral of
sealed bids to the Village Engineer's ofxfice for tabulation and report.
Notion seconded by Tupa and-carried. -3 +t $6 35 -3 Later in the meeting, after
Public Hearings had. been held, Engineer Bkan presented Tabulations of Bids
received in accordance with Advertiseken&; said bids being as follows: .
.. JAY W. BUCK!I'OP ZlRL A. . VICTQR
C(fta19 CO, SERV.. CO, SEwIIlJ; CARISON
-4.. BLACKTOPPING - &ing Ave.,Wo60th' ...- - . - ._ . -St,, to.-%J06lst -St., and Dxew Ave.,
CURB AND G€kTER - School goad from'
Engineer Z&an re&mmmded award of Blacktopping bid to low bidder, Jay 131. Craig
Company, gnd Bredesen so moved. Motion seconded by Tupa and carried. __ .
No.5925-Drew to W.61st St. $4,0350 50 4,350000 5,ZO.OO
. Concord -. Ave.-:to +th Dr&ve $4,3644 50
Mr. Zikan pointed'out that the bid of the only bidder on ths curb and gubter
project is slightly higher than the Engineer's EstimaAe, but not substanti&ly so.
Danens moved for award of bid to Vic.l;os Carlgon & Sons. z-Notion seconded by
Bredesen arid carried.
J
PUBLIC HEARII'?G ON PROPOSED A5mSW FOE S&qIT&Y Sli3JE.R DIP€OVE%EXT NO, 69-mum
AND- LATERALS t~as,.then.-~ounced_by-~JIaya$~.~~~~son, yho .also. told the audience, .that
pmceedhgs umuld be recorded by tape recorder, Manager Hyde presented Affidavit
of Publication for "Notice of Assessment Eearing for Sanitary Trunk. Sewer No, 69
and. Lateral Sanitary Sewer Service Connections to said Trunk Sewer,ll*published in
Edina-Nomingside Couyier Awst 25*and September 1, which Notice was approved as
to form and ordered placed-on file. 3ilanager Hyde read, in detail, the costs of
the project, the grand total of the assesszble cost being $862,709.25, which is
proposed to be assessed as follows:
-20,517.91 Ft, where property #m.ts trunk sewer - 0 $&LOO $82,071.6&
+ Total 39862,713 67 Et?. Hyde statedthat'the amount pGyable to Contractor uft.11 be some $30,817 less
than the amount of the contract because 3ngbeering Department was able to specify
a lep expensive type of construction in one wet area than was originally planned
when contract was awarded. Special Policies for the proposed assessments were
read in detail. M[r, Hyde then read two wrltten protests against the method of
assessment on certain specific properties:
Frotest oE Albert 0, hrson, owner gf certain properties in Garden Park,
yhich were assessed for front footage on Garden Avenue, whereas Garden
Avenue has been vacated; also asking for deduction in assessment because
of water area on property, Iknager Hyde recommended adjustment of
assessment in accor$ance with objections, and Fronkrs motion, for
Protest of Eale A. Otto, owner.of two tracts of unplatted property
abutting Brookxieyr Avenue, which, combined into one -ovmership, should
be assessed on an acreage basis, rather than on a front footage basis
as presently assessed. (Parcels 7030 and 7040). Nanager Hyde
recommended adjustment of assessment and Bredesen so moved. Motion
seconded by Fronk and carried, unanimously, - a
396.66 Acres @ $150.00 -59,499.00 276,300.01 Ft;. assessed at $2.61 per foot 1, -1721 1 U3 03
1.
adjustment of assessment, was seconded ,by =pa and carried, unanimouslyb 40
2, I
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iiayor Erickson then asked for cpestions and comments from the floor, and the following
were received:
to be received by properbies. la half-mile ffom the sewert* Nanager Hyde exylained
that all property within the district is benefited; that..proprty owners may now
petition for lateral sewer service,
his property, stating there is water area.on it for which he has not been credited.
Mznager Hyde asked that he see the Specid Assessment Clerk this evening in order that an"-adjustment might be made.
is low.
1. I&. BLE. Hansen,5L&9 Interlachen Blvd., inquired as to the benefit
&'ire J.B. Noore protested the method of assessing
p, Hess_complained that the acreage assessment
9/12/55
-I 1-k. Hess was Wormed that the acreage assessment has been raised $40 per acreato
equalize the assessment. lfr. Kloudt, owner of property in the path of the proposed
cross-town highww, stated this assessment will be a hardship on him inasmuch as it
is Uficult to sell lots in the area, He was Wormed that assessment must be made,
now; t’nat if property is acquired for highway, assessment r.rjU. be part of acquisition
costs. %Po Ronnei, 623.7 Behore Lane, asked for adjustment because of pond on
propertx. l.&uager Hyde asked l-b.-Ronnei for specific stateneat in order that adjuFtment -can be made.
ment, whereas interest on-bonds is lmrer than %hLs flare. .He was infomed that
the Village has pledged its full faith and credit for paynen-b of the bonds and
bterest; that the difference Sn interest rate provides a cuslion for delhquences;
that anyone wishing to do SO may pay assessment in full, without interest. E&,
Lloyd Smith asked why the lateral assessment is not being credited to lateral
services in the area, rather than to the trunk sewer. Nanager Hyde explained that
the laterdl services we a part of the entire improvemept and that, consequently,
they must be credited against the improvement. There were no other objections from
the floor, ,and no other written ob Sections had been received prior to the Hearing.
Fro& offered the follor.riag Resolution and moved its adopbion:
TRUDTK SEWB AND .I WTERBZl SERVICE
t
One gcentlemen Lnquired about the !$$ interest on the assess-
RESOLUTION IIDOFT3NG AND CONFmmG ~SESsI.IENTS
.. --- S@&”@YLS%~~ IXP@WXIJJ@JT NO? -69- . . -
SE 33 BESOLTIED by the Village Cogncil_of,the Yillage-of .E@na, Elbnesota, as follovmr:
1, . It-,,is -hereby found, dete-ed and declared that the proposed assessments for . S4”ARY SEi’lER TI?IPROVE3EXI! NO. 69 - Tmnk Sewer and Later& Service - and each af 3h.s _have.been.pgper&y &cula%ed in accqrdance with theeppovisions of-ltixmesota
Statutes Section 412.44-l; that notice has been dulytpublished as reqired by law, -
that this Ccnzncil muld meet to hear and pass -upon all objections, -if any, to mead
said proposed assessments as might be necessary, and to adopt the same by resolution;
that said proposed assessments have at all times since their filing been open for
public inspection, and opporhmi.ty has been given to all interested persons to present
their objections; and %hat each of the lots, pieces and parcels of land enmerated in
the respective assessments was and is specially benefited by the construction of the
improvement for which such assessment is levied 5n the mount set opposite the
description of each such lot, piece and parcel of land, respectively.
2. The Unouts so set out are hereby le~ed against the respective lots, pieces and
parc+s of land described in said respecti’ve assessments$ and said proposed assess-
mats are hereby adopted and confirmed as the proper special assessments for said
hprovement. The assessment against each lot, tract or parcel, together tdth the
interest accruing on the full amount thereof from time to time unpaid, at the rate of
five percent per annum from the date of this resolution, shall be a lien concurrent
with general taxes upon the pmperty described therein and all thereof.
NO. 69, “K SBBR, shall be payable in equal annual inF;ta7.7ments.e$en@g over a
period of-&wqntxygars, the first of said instaUments, together trith interest on the
entire assessment from January I, 1956 to Decanber 31, 1956, to be payable with the
general taxes for the. year 1955,. and one of the remaining inst-ents, 16th one
’gear’s interest on that and all. subsequent insi;allmen’i;s, to be pc”;sTabXe r.rfth-general
taxes for the years 1956 through 1974, collectible in the respective ensuing years, - The total aaount of each such assessment for SAlWARY SEXEiR~DlPRO~~tT
NO. 69, 1;ATERAI; SERVIa, shall be psyable in equal annu@. ins$allqen$s. e&ending.
over a perioc o<-tgn.zeas, the first of said insballments, together with interest
on’the enkire assessment from January 1, 19% to Decanber 31, 1956, to be pqyable
with the genera1.t-s for the.year 1955, and one.of the remaining installments, with
one year’s interest on that and all subsequent installments, to be payable r&h general.
taxes for the years 1956 through 1964, collectible in the respective ensuing years,
3. hior to certification of the assessment to the County Auditor, the opmer of any
fot,.giece or parcel of land assessed hereby my pqy-the whole of such assessment or
any installment thereof without interest to the Village Treasurer and thereafter such
pagment mgy be made wi%h accrued interest, to the County.Treasurer; provided that if
any assessments or instalbents thereof be prepaid-to the Village Treasurer, they
shall be cancelled on the books of the Village Treasurer, and he shall promptly
notiLfy the Village Clerk and County Auditor, and the assessment or installment so
prepsd shaf, be -celled on’the books of the Counky Auditor,
certificate duplic&e of each of said assessments, entitled lfbsessmnt Roll for
Sanitary Sewer h.ovement No. 69, Trunk
sewer hpqovement No. 69, hterdl Service,” with each-then unpaid..instaUent and
interest set forth separately, to be extended upon the proper %ax lists of +he
County, and the County Aud5tor shall thereafter cause said assessments to be collected in the nanner-provided by lav. All amoun&s collected in respect of the
assessments thereia contained shall be similarly designated by the County Treasurer
azd remitted to the Village Treasurer, and by him credited to the SWg Fund Account
of the 1955 hprovemqnt Fund.First Series Fund.
’ The total. amount of each such assessment for SAIKCMRY SB4EEi IWROVENENT
. 4. The Clerk shall, as soon as may be, prepare-ad transmit to the County Auditor a
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land IIAssessxuent Roll for Sanitary
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Motion for adoption of Resolution pas second
five :ayes and no nays, gs follows:
on Rollcall there were
Fro&, we; Tupa, aye; Bredesen, aye;. D
chon, aye; and ‘the Resolu+ion was adopted
ge Clerk
9/12/55 PUBLIC HEARINGS ON PROPOSED 3%€%DVWTS were next oh the agenda, and Manager Hyde
Presented-&fidavitsm-of -mblic&ion of, ttNotices of Hearhgs, 1955, which notices were- approved as tomform and ordered placed on Tile, Hearings
were mnducted. and action taken, as recorded below:
3 September 1 and g,
1.
2.
3.
4.
5.
HEARING OX‘PRQPOSED SANlTARY~UTEEUL SEWER IN WOODDAXE AVENUE I3i3l.7- LAGUNA
DBXIU3 AND BADANZ WAD,, . Costlw~s.read~at-.~3,665.$6, -as-agains% 625 Assessable
Reet, for $5.87 Eer Assessable Foot; this hprovment to be an integral part
of tQe Woodhill Sanitary Sewer fmprovenent (No. 90). There were no objecJcions
or coments fromathe floor, and.no written objeckions had been received p&or
to the Hearing. (See Enutes of Later in Meeting, for Resolution kpproving,)
HEARXNG ON PROPOSBI GRADING 4ND GkVELTNG OF GEOVfi STmT B33lM&H TINGDAIB
AND .CODE AVEJSJ333, .Estinate of .Cos.t was .given as $5,901.12, as against
1,618.26 Assqssqble -Feet, fos $3.65 per Assessable Foot , I&. Hoore inqui5ed
as to whether this cast will include a s$om sewer; .he has trouble with
water running down his driveway,
included, but that grading will take cue of the natural drainage. I&.
Zikan stated that this cost idll include a dust coat of oil aftep project
is finished, (See Wutes of Later in geeting, for Resolution Approving,)
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He was Womned that a stom drain is not
Foot.
objectkons had been received prior to the Hearing.
Heeting, for Resolution Approving.) ..
LINE. OF P~~OOD IZNOLXS FOURTH #DITIO% ._Estiq.te -of Uost. 19s .@yen as
~~,439.~~,.:a.s-againstl l,S51..,55 hssessable Feet, for $1.86 per Assessable
Foot.
Qbjections had been received prior to the Ijearing.
Heeting, %or Resolution Apgroving.) ,
BARIIb ON PR6POsED CUBB’AND GUrrEfi IN SCHOOL €DAD; CONCORD AVBVUE: TO SBJTH
DRIVX. Estjmate _of Cosfi was giqq-.as &,Z86,OQ, as agahst 584.65 Assessable
Beet, for $7.32 per Assessable Foot, to be assessed against Lots T to 7, inc.,
South Coneprd Second- Addition. .Mr. Zikan explained that the- ‘itillage wishes
to construct curb dong this street 30 tf.6Oth St., but-khat it cannot be
installed uqtil such time as Final. Plat of Warion Gardens!! is on file. I&. Iqindhorst reminded the Council of a< agieement signed by the owners of
%arion Gardens’! (&so Wohlrabe) , 1Y3chool &nor Addition” (Mr. Boy H. Peterson)
and ‘kouth ConcQrd Second Addition!! (Mr. K,enheth. Sundipis%) agreehg to assume,
jointly, the cost of curb and gntter, blai$&opping, sanitary sew& and water
improvements, XP. Roy Peterson concurred in &fro FTindhorstrs opinion that;
assessment for_this-.pro ject should be considered yhen the other hprovements
are constructed; stating he feels Hr. Sundquist should not be penalized by
a high assessment at this time in yiew_of the fact that the hpmvaents
were originally interided to be constructed as one and assessed as one.
(See Nbutes of hter in Meeting, for Resolution Approvtng and citing method
of Assessment). -
HEAhG ON PR61?OSEDoLI.FT STATiON AT W.62ND S’s. AND PfLEIC PLACE, ‘Esthate 09
Cost ,was .giyenLaq r$16,500,. for -$1.74w .per ,AssessabZe..Fqot“.oves an area described
by the notice. There were no objections nor comments and no dtten objections
There were no objections nor comments from the floor; and no witten
(see 3Enutes of Later in
HEARING ON FBGPUEZD BLACI~POPETNG 02 P~~OD ROAD FEON PAF~K~J~D LANE TO NORTH
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There were no objections-nor coments from the floor, and no wrikten
(See EnUtes of Later in
had been received prior to the Hearing. (See Resolution Appoving). -
Fro& then offered the following Resolution &d moGed its adoition:
EESOLUTXON ORDE2.RXNG IMPROVEDENTS .
SANI’I’,&RY S&@ pP€U)aElQ .NO. 90. {S3PPmmT) : STREET - jXF?ROvE-
BE IT RZS6LVED.by the Council of the,Village of Edina, Ennesota, that this
heretofore- caused notices of hearings -to be duly published on the following
WS .ljOS, *c-69, &-78 A’ND, A-‘79, B.33; ~
LIFT *STATION I@’J$QR-
m$NT NO. Ts-1 I -.-. . ,.
improvements:
-1.
2.
3.
4.
5.
5;.
Construction of Sanitary Latera;L”Sewer and Appurtenances
5n Wooddale live. between-Laguna Qrive and Balfanz Rd.
Graang and Graveling of Grove St, between TingdaZe. and
Code Avenues.
Blacktopping of &ring Ave., W.66th St. to W,61st St., and
of Drew hve. from No. 5925 Drew Ave. to W.6lst St. .. Blacktopping of Parbsod Road from Parbod
.&e of Parkwood Knolls Fourth &dam
Constmctgon of Concrete Curb and Gutter in
from Concord Ave. to Euth Drive.
Construction of Sanitary Sewer Lift Station
.and Park Place. ..
Lane-to the N.
School Road
at W.6&d St.
..
councu
proposed
9/32/55
and a;ts the hearings held at the the and place specified in said notices the
Council has dCLy considered the views of all persons interested, and being fully
advised 02 the pertinent facts does hereby determine to proceed rdth the construction
of szid improvments; that said improvements are hereby designated.and shall be
referred to in all subseqyent procee$ings as follows:
*
Nom 1 Above
his iinprovkent
be considered an
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Nom 2 Above
Nom 3 Abve
No. 4 Above
No. 5 Above
i3om 6 -Above
and tfie areas to
- (Supplement)
to be assesged as part of Sani&ry Sewer,Sm,Dravement
integral part of said improvement.
Street Improvement Nom
Skeet Improvement Nom
Street hprovanent No.
Street Improvement Nom
Nom 90, and to
C-69
A-78 =
A-79 3-33
Lift Station Improvement NO. IS-1
be specially assessed thereCor:shal.& be as f ollotrs:.
For Sanitary Sewer Improvement No, 90 (Supplement), Street Improvem&ix NOS, C-69,
A-78-and A-79-- &l.lots and tracts of, land front&ng_and abutting the portions of
the stree3s proposed to be improved.
For Street Improvement Nom B-33 - Lots 1 to 7, inclusive, South Concord Second
Ad~tion; except that the assessment on this project shall-be adjusted in order
that the properbies in llSoutih Concord Second Addition," 1"&50n Gardens Additionfl
ad Wchool &nor Additionf1 shall. pay eqpally-for the cosstruction of curb and -
gutter along School Road from Concord Avenue to 1~60th Street, in accordance
with joint agreement,-simed by -or.mers of said prosertieg .
For Elf% Station Imprwanent Horn IS-1 - aU lots and tracts of land trithin the
following-described boundaries: 233 Ft. Iqm of centerline of ITm62nCa St.; th. E. to a pt. 213 Ft. If. of the Cqterline
of France Ape.; th. 14. to a st. 16oyt. S. of the centerline-of Halifax Ave.; th.
M. to the $33 Cor. of Outlot- A, Lake Pamela Addn.; th. N. to the NE Cor. of said
Qutlot A; $h. *Em along the S. line of Halifax Ave. Addn. to the W. line of Lot 2,
I"ne"Pines'Addn.; the N. to the NW Cor. of Lot"?, The Pines; th. E. to the center-
he-of Frpce Ave.; th. s. to the-s. line, &ended-W,. of Edina Bel Air 4th Div.;
th. E. along S._line of E@a Bel A+r 4tB Div. to th-q Centerline of Xwing live,;
th. $. to %e-centerline of W.blst_St.; th, Ely along centerline of t.r,blst-st.
to the SE Cor. of Lot 11, B& 3, Eqna Bel Air 5th Addnm; th. in a qpy direction
dong -tqe S lines of Lots 10 and 11, to the-SC.T Cor..of Lot 10, B1. 3>, Edina Bel
Aik 5th Diym; %ha S. to the SE Cor. of Lot lAa,Bl. 3, Edina Bel Air 6th Diva; th.
1:J. to-a ptm 166 Ft. E.,of the-Cgnterline of France Ave,; the S._to the center-
line of 1~64th St. extended; th.
Peacedale Acres; th. N. to the ir$.ersection.pf the centerline of 11,62nb Stm and
the - 11. ljne of Lot 3, B1. 2, Peacedale Acres-extended; tho TI. on $he centerline
of Wm62nd St. to the centerline of Park-Place; th. N. along the centerline of
ParkPlace-A distance of 233 Ft.; t@ich &s the point of
gotion for adoption of the Resolution vas seconded by Danens, and on Rollcall there
were five ayes and no nays, .as follows:
Tupa, aye; and Eridsson, aye; and the Resolution wq&opted.
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!ICom. at a pt. on the centerkine of Park Place
to the TT, line @ended of Zot 11, B1. 2,
1
Bredesen, r J'Danens, aye; Fronk, aye; y#~L-?,~ r- I /,A <>, / .;I L,,. rx \
&$or
CLAIM FOR DAMAGES - MRS. PETER FARNAXIS The matter of Iks. Peter Farnakis' clabii for appro-tely $30.00 for damges
suffered when her automobile hit a mahole bn a street under construction came
before the Council, with lfr. Ifindhorst1s opinion that the*Village is not liable.
Bredesen moved that request be denied., Hotion seconded by Tupa and carried,
Later in the evening Iksm Farnakis appared before the Council, stating she feels
she has a claim because the particular nranhole she hit vas covered by weeds and
could not be seen. A friend of &&so Farnes supported her claim by saying that
she, too, had hit this manhole; that she had cdledthe Village Hal1 about it.
Ik, Whdhorst steted that the Village is not liable because the condition of the
street was apparent to anyone driving on it.
TXLhge would be setting a precedence in paying any cl%im for which it was not
legally liable;. -and pre6ous motion stbod." Request denied.
Drm Paul, Carson's reqges-b for prmit to construct (excavate) a pond onbt 3, B1. 1,
Czrson's Hill, yfas rezd.
propxjiy; that it is neither black dirt or gravel property.
that Dr. Carson furnish a sketch of the proposed excava%ion, together with
information' as to whether it will be a pond or a swjmming pool; tiat Dr* Carson
be Momed that excavation might be a health hazard if children can get Lo 5km
I
I'km Bredesen's opinion ~ras that the
POND EXCAVA!ITON DR. PAUL CAF@OB
. Attorney Windhorst stated that he-is familia.r-with the
It was suggested
5 9/12/55
$ *1
GUNNAR JOHNSOU - REQIIEST FOR f'WKE" EXCAVATION,
Mk. Gunnm Johnson's request to-.excav@e &.!'lakeff in the rear of the five lots in his Frelbrinary,Plat (and adjoining other lots) cane before the Council,
having been approved by the Planning Commission. -Bredesents motion, .thak.permit
be granted providing HI-. Johpson ~dll provide drairlage easernents to it, was
seconded by Tupa and carried.
STREET Nh CMGE3 - BliDOKVIEW EIGHTS
'&e Stow Company* s _let.teF! of. Sep%ember,7, citing approval of the Post Office
Department for tbe following Street Name Ghanges, was revbwed: __ Danens Drive South to .tlAbercrombie Drive"
Meadow Ridge South to !!Tifton Drim?! A Danens Drive North to CDanens Drive!!
Neadow Ridge North to ?'Meadow Bidge!. a
Fro& moved approving changes apd directing,Village Attorney Windhorst to prepare
ordinance changing street names for presentatim at next regu&ar deeting. Notion seconded by Bredesen and carried.
1
PUBLIC HEARING ON BOURmOIS FINAL PLAT.
It was explained that the.Bourgeois-Final Plat cannot be acted upon until after
a Public Hearing on the area of the lots; .grid Bredesen moved, scheduling Public
Hearing for Monday, September 26. Notion seconded by Tupa and carried,
PERMIT TO CONSTRUCT GIIEENHOUSE - FO-kZIN.
The request of. Mr, . Oscar Forslin, .6O(?O.Hansen Road, for pemit to construct; a
greenhduse, was considered. Village At.torney Windhprst stated that greenhouses;
maybe constructed in the open development district under the ordinance, but that
large retailing on connectlon with them is the problem. Mr, Forslin stated, "There
will be no re'taZlingll, E;. Forslh presented letters from his neighbors, approving
the greenhouse. Bredesen's motion, approving request for permit, was seconded by
Fronk and carried.
.
.
f -
I EWT TO CONSTRUCT GARAGE - SOEXBERG.
Mr. Robert Soelbe~grs.req~st~~or. permit to construct an adjoining garage at 5105
FI.49th St.--sdd garage to protrude beyond the front-yard sekback set up by the
Zoning Ordinance, was discussed. plr, Soelberg's request pointed out that, bemuse of the Minnesota Highway Department's purchase,.of the access to his property fqom
%he South, he has. no choice but this insofar as lobation of his gakage is concerned.
It was consensus of opinion that this is a hardship case, and, as such, permit may
be granted,
carried.
MlXXGAY*S FTN& PLAT of property South of Valley VLew Road and West of Highway #lo0
was approved br motion Bredesen, seconded by Fro&- and *carried;. said plat having
received Planning Commissiont s September 7th recommendation f or approval.
Notion by "up for approval of request was seconded by Bredesen aqd
PAUL E. OLSON'S l?Ii?hL PLAT OF L6" 1, BLOCK I, BROOKSIDE TEWCE was approved subject
to Engineering Check, b;accard+ce with .Planning -Co~ssionfs,rec~ndation of
September 7. Motion by Bredesen, secaaded by Fro% and carried.
Wm CCXE?AbJYlS PRELeE PLAT OF LOTS I, 2-AND 3, EDJ3"OOR, located Nest of 1
$he existing Wanner "Buil-g, .--s appry9d by motLon Bredesen, seconded by Tupa .
and carried. .It had received Planning Commission f s September 7th recommendation
for approval, .Several objections were received after .approving motion-ob jectors II
wished to be suTe thash Edemoor S%reet would not be used for truck traffic..
Objectors were informed-by Manager Hyde that street can be posted against heavy
I
*. ... .I .. 1 loads
PRELI"ARY REPIAT OF LOTS 1, 2 AND 3, BLOCK 3, IDYLWOOD SECOND ADDITION, br John'
Bloomberg, was-. approxed, . by motion +B.reckseg, secanded-br &g&,and - caryied.
Commission had recommended approvalas of September 7.
Pbmbg -
J.A. FROST'S REQUEST FOR PERMIT TO ADD FIV~ FEET OF-LOT 34, BLOCK 1, FK)ODHIU TO
PEELBEIURY PLAT OF WXMAN~S SOUTHVIEW SECOMD ADDITION, ljy RO;~ H, Peterson, was
LOT 1, WOODHITJ.i, and the 'f?Lapaing-Cormis.sion! s $epte@er 7th rec,omendation, that
request be .allowed without f ormali$y of rep&t3 --were reported, No action necessary.. '
considered. 7, that plat be approvei.
Mr. Hxde ..- repprted ihe-. P-&ging .Codss$on' s rFcomendation of Septefier Motion secanded by Bredesen and-carried,
I
Fro& so-_moved. ..- .. FINAL PL4T OF MELODY KNOUS FOURTH ADDITION,-by Ernest and Harry Hanson, :was.
approved sbbject- to an -mg@e.ering Check, ,by mot&on Fronk, seconded by Bredesen
and aarried. This in accordance wi&h ?lanning Commission recommendations of September 7, . L - ..
9/12/55
-, -
-
REQUEST FOR E3R-II.T TO EtPL4T LOTS 18 AND 19, BLOCK 6, SUNPImLOPE tms approved
provding -Vpge .is furnisheda. copx of .deed transfer@ng no% more than 25 feet
of property, by motion Tu@, seconded.by Bredesen and carried; this motion being
in accord with .Planning. Commission: s September 7th recommendafsion, -. - *TO
ILEQUEST BY MR, IwRFlll GUSTAFSON FOR PEEKIT TO NOVE HOUSE RQI! LOT 5, BLOCK 6&
was bmught-to CounciL1s. attention with Planning Commission's. favoraBle. . .
TINGDALE. BROTHERS BHIOKSIDE FRON LOT 5, .BLOCK 6, TINGDAIE BROTHERS BEOOKSIDE, ..
.- recommendation of September 7; recomtnendgbion being qualified by stipulation
that house must face same way as house on adjoining lot,
for approval of reqwst in accordance with Commission's recommendations, was
seconded by Fronk and carried,
Tupa's motion,
+
PI?ELBmARY PLAT OF DAD1 JOHCJ'S ADDITION, by H.&tthev Johnson, .Qzs considered,
Planning Commission? s recommendations - of September 7th were for approval subject
to State Highway pennission, submission of topography and street grades, and
proyision for proper drabage.
Commission recommendations, ires seconded by Danens and c arrLed,
~WAD0I.T €ZDGEt*, A €EPlAT .OF LOB 6 TO 13, IN6LUSIuE, BLOCK 6, BRIOKVIEW MEIGHTS
SECOND ADDITION, by R. L. Hawthorne, vas presented, together with E'lanning
Commissionts September 7th recomnendation for approval subject to the under-
standing that there be no liability on the part of the. Village as to location
of gate valves, hydrants or house shut-offs due to the change of lot, sizes by
the developer,
recomendations, was seconded by Fronk and carried.
Tupa's motion for approval in accordance tcith
Notion by Bredesen, for approval in accordance with Comission?~
...
REE'MT OF LOT 61, RUUING =GFEXN, by Gunnar Johnson. Plannsg CQmmission*s receipt
of1et;ter approving cepkt providing no more than five dweurings are bat thereon
was reported by %amger Hyde, G
IZEXkAL CENTER IN S0UTHDAI;E.
corner.. of Sixty-Sixth and- France, as presented to the Planning Commission on
Southdale's plan for a medical center on the Northeast
September 7, I& reviewed, -it being, in outline, as follows:
Amedical center, housing approximately 50 doctors,
A children's hospital, with about 100 beds at present, to increase later
Council revieired Planning Commission's request to the Dayton Company for a 'state-
ment that no further rezoning would be requested between Xerxes ad France; and
the ilan was referred to Village Attorney Windhorst for investigation as to the
A 35-acre tract for use as -
1.
2.
3. A general hospital
to 150 beds. .
provision of the Zoning OrcEnance,
Bredesen presided until Dr, Ericksont s return.
..
* I
Iwor Erickson was called from the meeting at this time, and &yor Pro Tern
'&
I
I
The following Improvement Petitions were filed:
1, Sanitary Sewer - Tracy Ave. and Arbour we in Countryside AdditLon.
2, Waternab - Tracy Ave,,Arbour Lane and Grescent Drive in Coyntryside.
3. Sanitary Sewer - Tingdale Ave,,"I,60th St, to Valley View Rd.; Clover Lane,
4. $latemain - Same as above. 5. sanitary Sever - streets in Clover we 3rd unit. 6. Ifatemain - All streets in Clover Lane 3rd Unit, 7. Platermain - VUam A-ve,, T'l,5Oth to TIJ,!XLst St.
8. Sanitary Sewer and Vatexma@ for Lot -6, Block 1, Code's Highview Park; thh
-last with the understanding that, this petition is. simply for the. extension
of the mains on Benton Ave,, which .end across the street from this lot.
With
Valley View Rd, to Tingdale 'Aye.
Fro& moved that Petitions be accepted and referred to the Village Engineer for
the scheduling of public hearings.
is made in the fashion requested, the petitioner cannot be assessed at the time
the utilities are run iuto his street--w!aich w3.U increase the cost to the other
residents on that street. 3ke Hyde directed to consult with Petitioner Johnson
WC€E3MK IN SOUTHDALE, 1.hnager Hyde reported that contractor, Chicago Bridge and . *
possibklity 02 cancelling the contract; and review made of previous discussions had, in which Company professed to have fabfication well under Way, Fronkls
motion, that matter be referred to Village AttorneyT'Tindhorst as to lkbqity of
Company and their Bonding Company to complete contract, vas seconded by +pa
and carried.
Notion seconded by Tupa and carried.
I regard to Petition No, 8, Kr* Windhorst reminded the Council that if a hoolpp
to find'some equitable solution, I
..
I
. Iron 7- Cppany, -qill .not install, new mte~tank this faU. Discussion was had on the
I
-. 9/12/L5-5- -- VALLEY VIEW RQAD RIGHT-OF WAY. Appraiser Edward B, Lorenst communications of September 6 and Septelribert 12, setting forth appraisals as follow for the Valley t,
View' Road right-of-way, as follows, were reviewed:
5
--. Parcel Appraisals -1
NO.
23
24'
25 26
27 28
29 .
30 31
32 " 34 .
Name
P.H. Dahlgren
Lyle E. Howe
Oscar _.Hob son
Clifford J. BFwne
Wilbur A. .Bing 9. A. LjnneU.
G. F, Pfaff
N. Bo Dunham
EImil Erhardt
L. S. Kommers
A., E. Ahnert
Original
$2470 000 . 160.00
160.0'0
1770.00
uo.00
240.00
. 50QoOO
850 .OO
~70.00
240 000
100.00
$0'70.00
Revised
$2480.00
, 275.00
240.00
1780 . 00
84.0.00 .
610.00
1350.00
1000.00
24-90 000
160.80
275.00
240 . 00
760.00
550oOO
1350 m00
1000.00 .,
2500,OO
-- 150.00
-- 100.00
togethe-r with options therefor, Village Attorney Flindhorst then preserhed two deeds rmbg from the Village of Edina -to two different -owners along the proposed right-
of-way, advocating that the Village sign the cleeds to clear title, follows: They are as
1. From Village of Edina to James J. Shuldhiess and Kathleen L. Shuldhiess, for
the -following described property: .
Vhe Southwesterly Firteen (15) feet of the Northeasterly kirty-three
(33) feet of that ;pl.rt of the Northeast Quarter of Section. Thirty (3),
Township Twenty-eight (28) North, Range Twenty-four- (2.4) West ,and .the,
Southeast Quarter of Section Nine teen (ly), Township- Twenty:eight (28),
said Section Thirty (3O), 550 feet East of the Northwest comer thereof; I
tbence in a Northwesterly direction along the center line (so-called) of
a public road (said center line intersecting a point on the West line of
the Southeast Quarter of said Section Nineteen (19), 277 feet North of
the Southwest corner of said Southeast Quarter)-a distance of 100 feet;
on the North line of said Northeast Quarter distant 450.5 feet East of
the Northwest comer of said Northeast Quarter; thence South and
parallel with the West line of said Northeast Quarter 150 feet; thence
East 75 feet; thence North 150 feet to the North line of said Northepast
Quarter;. thence East 24.5 feet, more or less, to the place of beginning.'
From the Village of Edh to Simen Strand, for the foUow5.pg described .
V!he Southwesterly 15 feet of &e No&hea*sterly 33 feet of that part of
the Northeast Quarter of Section Thirty (SO), Township Twenty-eight (28),
North, Range Twenty-four 124) West and the Southeast Quarter of Section,
Nineteen (19), Township Twen$y:eight- (28), North Range Twenty-four (24)
'Beginning at a point of the North line of the Northeast Quarter (NE$)
of said Section 30, 550 feet East of the Northwest corner thereof,, 9.-
thence in a Northwesterly direction along the center'line (so-called)
of a public road (said "center line1# in+te.rsecting a point on the West
line of the Southeast Quarter (SE$),of said Section 19,277 feet North
of the Southwest corner thereof) a,distance of 100 feet to the ppint
of beginning- of the tract of lapd to be described; thence in a South-
westerly direction 46 feet, more or less, to a point in the North line
of the Northeast Quarter (NE$) of said Section 30, 420e5 fee$ Ea-st of
the Northwest corner thereof3 ,thence South and paraael with $he. West
line of .said Northeast Quarter (NE@) 150 fegt; thence West 125 fee$;
thence North 150 feet to, the North-line of said Northeast quarter
(NE$); thence Northeasterly 104 feet, more *or less, to- a poht in the
abov,e mentioned 1tcenGer line" distant 125 feet Northwesterly from said
point of beginning of the tract ,of land to be described measured along
said "center line"; thence Southeasterly 125 fee$ io the pch.116 of
beginning of: the tract of land described,!
Range Twenty-four (24) West, described,as,follows: . -c
(Beginning at a poh$ on the North line of the Northeast Quarter of
I thence in a Southeasterly direction 46 feet, mpre or less, to a point
.
2,
property:
~
West, described. as follows: re -c
. '
,
Fronkls motion, authorizing and directing Mayor and TThlage Manager to execute deeds
to James J. Shuldhiess and Kathleen L, Shul@iess aqd to Simen Strand, and authoris-
ing .acceptance of options as presented by l4~. Loren?, and:directifig %he VUhge to
enter into deeds for the properties involved, wa? seconded by rUpd dd .* carrZe3;
TRAFFIC OH W.495 STBEET. JyithB. Ed .Stow to secure, dedication oi 7& fee$ for right-of-lmy at corner of
France Avenue and W.499 Street; that parking be abolished from 4:06
6:OO Po?,$, from bus -stop to corner; that Bus Conpny be nbtified they_cannot use
street for turn-around; and that only two cabs be parked on France Avenue at
any one tine.
Mr, Tupa's motion directing Village Manager to notify the bus company of this
action was seconded by Danens and carried,
.'
Trustee rUpa recdmmended that %he Village g4t togetkr *
to
Council concurred generally with Mr, Tup's snggestions; and
- 9/12/55 1
ACGESSORY BUILDING, @lo HILL!Di?'I&NE. Dr, Robert PT Jeub, @lo Hilltop he, .-
for prmit to build-a-detached garage, with dwelling:abo7?e it for a member
of the fam5l.y; dwelling to use common heating system, and lighting system, and with
sewer and water systems to be tied in .to kin dwelling.
future the he exjycts.to construct a breezeway between the tmtbuildings. Village
Attorney.WLndhorst ruled that this structure could be termed*= "accessory building"
under the -canditions set forth by Dr, Jeub; and Bredesen moved fclr the granting ~
of the permit on the basis outlined bytthe Village Attorney. PIotion seconded by Fro& and carried.
PAYROILSAND CLADS: Bredesents motion, for approval of Village Payroll, amount
$15,352.60, .for period.Sephember 1 to 15, 1955, and for paymen% oft he followhg
Claims, vas seconded by Tupa and carried:
He stated that, at some
..
General Fund - $6,622,@ . Liquor Fund- &2;935*50
Constructipn - €35,378.82 ,. + . Garbage-Fund 1/775*20 Parks Fund 46604.8 Improvements 10.80
Water Fund . 5 , 133 81 Poor Fund a 101.68 -
IED~G'OF DEN AQEWE &JD WILLSON ROAD,
the xidenkg proposed.
a real hskzard to the .safety of school ch3d,ren, 1-k. H@e presented an Estimate of -
$6,000 for the repairing of Willson and Eden, pzith .good blacktop to a width of 24n.
Nr, Hyde asked Council*s disposition on these matters and Fro& moved directing -
Village Manager to go ahead with planned repairs with all sped, Notion seconded
IE.IPRO9IiNEHT HEARINS. Village Engineer Zikan presented Preliminary Plans and
Specifications for several proposed improvements, which he asked that Council
expedite.
adoption:. .
Trustee Danens asked that Council expedite
He.sta%ed.he feels that the.present narrow roadways constitube
by Tup= and carried, I
f <
'
After review, Bredesen offered the following Resolution and moved its.
RESOLUTION PEIOVJDING FOR PUBLIC HEUUNGS. - I - ~PIIomm.D~PmmmTs i
BE IT IlESOUI3ZD by the Council of the.-ViUage-of Edina:
. ..-
. -1. The Tillage Engineer, having submitted to the CounciJ, it preliminary report as to the.feasibility of the proposed Improvements described in the Form of Notice
of Hearing set forth below, and as to the estimated cost of such improvements, said
report is hereby approved and directed to be placed on file in the office of the
Village Clerk,
2. This Council shall meet on Nonday, September 26, J-955, at 7:30 P.M., in
the E$ina.Village Hall, to consider in public hearings the views of @l persons
interested-in said proposed impmvemnts.
3, The Clerk is hereby authorized and directed to cause notice of the time,
place an&.. purpose of said meeting to be published in the official newspaper once
a week for two successive weeks, the second of &ich publications is to be not less
than three days from date of said meeting, which notice shall be in substantially
the following form: NOTICE OF €IF&UNGs
PROPOSED lm?Fiom-mTs
SANITARY SEX&W AND WATEXJNmS
NOTICE IS HEFOBY GIVEN that the, Edina-Village .Co-uncil.wiU, meet at the Village Hall
on Eonday, September 26, 1955s at 7:30 P.I.T., to consider the followbg pmposed
improvements to be construated under the authority granted byIEtmesota Laws of
1953, Chapter 398, Village Engineer as set forth below:
1 .
The approximate cost of such bprovements is estimated by the EST. COST
1, Construction of Sanitary Sewer and Appurtenances 3n
Abbott Ave,,l.f,60th St, to 1065 Ft.-South
Zenith Ave,,8,60th St. to 985 Ft, South
York A$e.,V.@th St, to 610 Ft, South $199121. 58
2, Construction of Sanitary Sewer and Appurtenances in
3, Construction of Sanitary Sewer and Appurtenar.lces in
&&ng Ave,,i.J,6lst St, to-Approx. 600 Et, South
Valley Yiew Rd, ,T'fyman Ave. to Hv~$~l#l.OOo
8 3,524.04
Tingdale Ave, ,1~60th St , to Valley- View Rd.
Glover Lule, Tingdale Ave. to VaJley View Road
I
8 9,072.5k
4.. Construction of IJatermain Extension and Appurtenances in
Abbott Ave.,If.6qth St. to-W.62nd St, .
Zenith Ave , ,If, 60th St , to TIJ. 62nd Sb,
York Ave, ,8,60th St , to 900 Ft . South
11,62nd St,, Zenith Ave. to Beard-Ave.
5. kgnstmction of 1htermxi-n IkLension and Appurtenances in* .
.Er.ring rlve.,Tf.Qs&-SiS to Appr~~. 660 Ft, South
Cho~~n-C~ve,E,Ave, to W,Line of Edina Bel-fir 5th
$24,951.78
8 3,8u*64
L.
I.
1
I
V/&2f!~ i" 6. Construction of Watermain Edcedsion and Appurtenances in
Highway #loo, W,6Oth St. to YaUey -View Rd,
Clover &we, TQgdale-Ave, to Valley View Rd.. Ir $10,450.62
.Bedford Ave, ,W.j.lJld St . to Interlachen Blvd.
!Engdale-Ave.,l~.60th St, to Valley View Rd. -*
7. Construction pf Wate-in Extension apd Appurtenances *in ~
W.52nd St. ,Grqndview-Ikne to Bedford Ave, $15,366*24. The area proposed to be assessed for the cqt of said proposed improvenmts
is as follows:
For Items #1,2,3,4,5 and 6 - All loti abutting the portion of the streets
above described where the sewer and water are to be installed.
For Item fl - All lots abutting Bedford Avenue from W.52nd St, to Interlachen
Blvd, "
GRETCHEN s. m~
Village Clerk- - I.
Village of Edina
Motion for adoption of the Resolution was seconded by Fro&, and on Rollc*all there
were five ayes and no nays, as follows:
Tupa,. aye; and Erickson, aye; $id the Resol C'oq,litras adopted,
Bredese?,#aye; Danens, aye; Fronk, aye; 7'- B. I .I ,,d ,- /& ," 4 "I 'LL, -
/ - &$-or
Xngineer Zikan then presented several plans, requesting that Council schedule bids.
Bredesen offered the following Resolution and moved its adoption:
RESOLUTION ,!PROVING PLANS AND SPECIFICATIONS 'FQR
PROPOSEDa ~~@"TS-.$I\TD -DJRZTjNG .ADVERTISmNT . .. FOR BIDS.. .. .. . BE IT RESOLVED by the Village C'ouncil of. the Village of Edina:
The plans and specifications for the proposed Iniprovements set forth in
the following Adyertisement for Bids f om, heretofore prepared by the Village
Ehgineer and now on file 5x1 the office of the Village Clerk are hereby approved,
2, The GLerIc shall. cause to be published twice in the Edina-Homingside
Courier and the Construction Bulletin the following notice for bids for said
improvements :
1,
ADVERTISmIT FOR BIDS
SANITARY SEIdEZS, WATEl?"S,
STORM ,%"Em &JD LIFT 5TATION .
NOTICE IS J3BEBY
Hall,lbEJOl West 50th Street, Nand-ay, September 26, 195.5, at 7:30 P,N., and will dh
said time a.pd place open and consider sealed bids for the fo'l,lowa:
that-5he Edina Village Council.will meet at the Edina Village
1.
2.
3-
4.
5.
60
STORM SE'G9TEEz INPROVH4EET NO. 31 - Construction of Storm Sever ayld Appurtenances
jn West 56th Street and Code Area.
STOW SEI633 IMPROVBEXT NO. 32 - Construction of Stom Sewer and Appurtenances
in West 54th Street and Chowen Area.
$TOR@ SEWER I@'ROVEMIBT NO. 29 -.Construction of Storm Sewer and Appurtenances
in the Halif- Lane Area.
SANITARY SEWER D?PRO?@MJZNT NO. 94 - Construction gf SaGtary SeweE and Appurte-
nances in Ryan.Aye., Valley View Road to 565 feet South,
&lNTTARY SEIER T$FIIL)VEHENT NO, 92 - Construction of _Sanitary sewer and AppurteF
names 9 Shemood Aye,,West 63rd S%reet to West 64th Street,
SAiUrrSW SF;$ER INPEi3~4ENT - ConstKction of S;wiitary Sewer and Appurtenances
in .Abbott Avenue, West _. 60th Street to 1065 feet Souti?; Zenith ATe. ,W,6Oth St,
to 985 feet South;-.York Avenue, West 60th Street-to 610 feet South,
&.EFring Avenue, West 61st Street to Appmx. -600 feet .South.
in. Tingdale Ave, ,W.bOth Street to Valley View Road; Clover Lane, Tjngdale Ave.
to Valley View Road; Valley View Road, Wp Ave. to .Highway #loo.
9. WATEZWIN IMFmmBNT NO. 97 - Construction of Village. Watermzin Extension and
.Appurtenances in Ryan Avenue? valley View Road to North line of Oak View Addn.
10, IfATE€lI!NIN DIPIIL)llBfE3JT NO, 93 - Construction of Village Watermain Extension and
.-Appurtenances in Shemmod Avenue, West 63rd Street to ttest 64th Street,
11, WATEW4IN LMpRo~~ - Construction of Village Watermaw &tension and Rpp&e-
7.. SANITARL SENER IMPROVZMEN T - Cons&mction of Sanitary Sewer and Appurtenances
~
8, &YNITARu Smm DP-~VEkENT - ,Construction of Sanitary Sewer and Appurtenances
names .in.Abbott Ave. ,W,6Oth Street to West 62nd Street; Zenith Ave., West
60th Street to West 6ad Street; York Aye.,W,60th_St, to 900 feet South;
West 62.nd Street, Zenith &e, to Beard-Ave.
WATER" IkjPROIEKENT - Constmc'cion of Village Watemain Extension and Appurte-
nances .in.E.I.Jing Ave. ,TiiTestbOth Street to Approx.--660 feet South; and Chowen
Curve, Ewkg Ave. to tfestj line-of Edina Bel-Air 5th Addition. 13, WATEEWLIN IMPRQVJDENT 7 Construction of Village Watermain Extension and Appurte-
nances. in-Highway- #lOO-l!lest 60th St, to Valley View Road; -Tingdale, l?es$ 60th
Street to Valley View RoBd; Clover Lane, Tingdale Ave. to Valley View Rd, LIFT STATION - Construction of Sanitary Sewer Lift Station 'to be located at
12,
3-4.. - ,West-6@daStreet and .. Park Place. '.
Plans and Specifications for the above projects are available at %he Edina Village
Hall upon deposit of $XO.OO, which 6eposits are refundable upon return of said
plans ad specifications. Wo& must be done as described and specffied in plans and specifications for said-impmvements on fife in the office of the Village Clerk.
Bids must be submitted on basis of .cash payment for work. No bids ?CL& be con-
, sidered -unless sealed and filed with undersigned before time of sai&. meeting and
accompanied by cash deposit, bid bond, or cestified check payable to the VUage
Clez3-l- in amount of ten percent of amount of bid,
BY ORDER OF THE VILI;AGEl COUIJCIL.
I .. ..." ." t GrnTCHEN s. mEN .- - 1-
Village Clerk,, _.
Village of Edina
3. hereby adopted as the terms and conditions of award of the contract for said
improvement.
Ezch and all of $he terns of the foregoing advertisement for bids are
Notion for adoption of the Resolutibn was seconded by Fro&, and on Rollcall., there
were five ayes and no nays, as follows: Bredesen aye;, Danens, aye; Bonk, aye;:
%pa, aye; and Erickson, aye; and the @esolutid adopted.
,I
14ayor
Proposed Ordinance No. 13, entitled !!An Ordinance Establishing the Improvement Bond
Redemption
read.
mtion was duly seconded by Fmnk, and on rollca, there were five ayes and no
nays, as follows:
aye; rJfiereupon said ordinance was declared duly-passed and adopted and tms presented
to and signed by the Bkyor, which was attested by the Village Clerk.
was placed upon its -second reading and was fully and distinctly
Bredesen then moved the final passage and adoption of saAd ordinance, which
Bredesen, -aye; Danms, aye; Fronk, aye; Tup, aye; and Erickson
Bredesen then introduced the following resolution and moved its adoption:
FESOLUTION DIRECTING CONSOLIDATION OF THE
1955 FIRST s~s, DPFOVEI.~T.FOND m.wp
THE IWROVEI-ENT mivb RTIQN-FUND . .
BE IT RESOLVED by the..CouncS1. of the Village. of ,Edina, Einnesota that
pursuant to authority reserved 5.q paragraph 2 of %he. resolution adopted Karch 28, 1955, entitled WE5OLUlTON CREATING 1955 FIRST SEB.IE3 IpPFOl7E2~~ BOND FUND,
PBGE .THERM)F, - ABD. D-TIQG. IS~~CE-~F_~~R~~~T,BONDS,'l_the -special debt
redenp%ion fund- created by said resolu$ibn and.:de&pated-as the ft1955 First
Series Improvemen0 Bond Fund" is hereby consolidated with the Improvement Bond
Redaption Fund created by Ordinance No, 13, adopted this date, and the special -
assesmats ,appropriated to .said 1955 Erst Series hprovement Bond Rmd sha3.2 be
credited when received to said Improvement Bod Redemption Fund, and-the Improve-
ment Bonds of 1955, fist Series, authorized by said-resoluliion of Ebrch 28, '1955,
together with interest to accrue thereon, shall hereafter be paid from said
P€?.OmmG FOR AI!@ EF'ROP€jIAT@G. SPEGW ASSESSXQJTS FOB SUPPORT- AND IIAINTE c
Impmvement Bond Redekption Fund. r.
BE IT FURTHER RESOLVED that all 02 the'remaining terms and provisions
of said resobz%ihri of 3krchUZ$, -1955 shall be and arethereby approved, ratified
pd confirmed. ..
The motion'for the adoption of the foregoing resolution was duly seconded by
Fro&, and on rollcall, there were five ayes
aye; Banens, aye;-Fronk, aye; Tup&, aye; and Eri
,resolution was declared duly passed and adopted.
Bredeskn 'then introduced the followklg resolution and moved its adoption: RESOiX!PION AUTHOXECNG THE ISSUANCE OF
follotrs: . . . . - . ...L
1. It is hereby found; determined and declared. ihat the Village has .*
, heretofore orderkd, in ac"cordanc;! dth the provisions of Xirmesota Statutes,
Chapter 429 and after public hearing as required by law, the construction of .
varipus sdtary sewer, water main, storm. sewer and blacktopping impmvements
as more fully described'below, and has du3.X o?&ered, received and approved plans
and specifications and entered into contracts forthe construction of said
improvement= after proper. advertisement for bids; that the total benefits
resulting from each of said improvements to the properties within the area
I
11 9/12/55 proposed to be assessed therefor, as heretofore defined, will be not less -than
bhe cost of such. improvement; that it is' contemplated that the total amount of
said cost will be assessed against those lots and tracts special* benefited by
siad improvements, and that such assessments will be made payablesin ten (10)
equal annual installments, except that the, assessments for the blacktopping.
improvements will be made payable in five (5) equal annual installments, and
that said installments, together with integest at the rate of five per cent (5%) per annum on the balance of the assessments remaining unpaid from time
J;o $%ne., will be spread upon the tax rolls of the Village for the consecutive
years commencing in 1956 and will be collected in the respective succeeding
years.; that the Village now owns easements and rights-of-way over all streets
and other properties required for the construction of said improvements; that
the designation of each of- said improvements and the estimated cost thereof is
as follows:
Improvement s Estimated Cost Improvements- Estimated Cost
-
Sanitary Sewer Water &in - 70 $93,526.00' __ <. 82 $ 2,520.00 80 .12,688.00 83 . 2,800.00
L 85 . 14?,697.00
86 6,308 .oo 90 8,210.00
I
84 18,995 00 82 2,745 a00
83 2,036~00 86 89,?27 000
85 21,525.00 88 - 23,985.00
90 96,043 000 . <. . 91 249 617 .OO
81 8,854.00
84 31,185 00 @7 .- 4,4, 968,oo
Blacktopping - . 92 76; 997.00
A-74 . . 1,385.00 " - 30 . - U-,94OoOO
A-73 915.00 Storm Sewer
4-75 - 3,775.00 4-77 139 559.00 Total Cost $i"i'O,OOO.OO
that it is-necessary and expedient for the Village to borrow'at this time the
Sum@ of @759,000, for the purpose of paying.-eqenses incurred and to b,e incurred in connection with said jmprovement, by the isswnce of general obligation
improvemnt bonds to be designated as the Improvement Bonds of 1955, Second
Series, in accordance with the provisions of said Chapker 429 and of Ordinance
30. 13 of the Village of Edina, adopted September 12, 1955, and to ma&e the
same payable from the Improvement Bond Redemption Fund created by said ordinance;
that said bonds have been duly adyertised and sold,at public sale; and that aJ3
acts, conditions and things required by the Constitution and laws of the State
of Elllinnesota to be done, to ex&&, to happen-and to be performed preliminary to
the issuance of said bonds have been done, do exist, have happened and have been
performed in due form, time and manner.
2. There is hereby created a separate improvement fmd for each
of &e improvements above listed which are to be financed by the issue of
bonds herein authorized.
shall be credited to said respective improvement funds in amounts equal to
the cost of each of said jmpovements as Listed in paragraph 1 hereof, and
the fund of each improvement shall be used for no purpose other than the
payment of costs and expnses of the making thereof, as such expenses are
incurred and allowed, provided that (1) there shalrl be transferred from
%ke-V&&&ge-zm the fund of each imprpvwent to the Improvement Bond Redemption
Fund of the Village an amount equal to interest computed at five per cent (5%)
per annum on the cost of such bprovement from the &%e of issue of the bosds-
herein authorized to the date upon which the assessment roll for such in-
provement shall be finally confirmed, (2) upon completion on each of said
improvements any unexpended balance in,tQe fund'thereof may be transferred
to the fund of any other improvement financed by bonds issued hereunder, and
(3) upon completion of all of said improvements any wedupended balance-in the
fwids thereof shall bi! $ransferred to the Improvement Bond Redemption Fund.
perform, as soon as may be upon completion of each of the improvements
financed by- this issue, all acts and things necessarg for the final ad valid
levy of special assessments upon properties taithin the area heretofore desig-
nated to'be assessed for such improvement, in an aggregate amount equal to the
total cost *of such improvement as the same shall finally be ascertained, less
such portion, if any, as the Council shall hereafter direct to be paid by the
levy of ad valorem taxes, -In-the event that any such assessment. shall be, at
any time held invalid in respect to any lot or tract of land, due to my emor,
defect or irregularity in any action or proceeding taken or to be taken by the
Village -or this Council. or any of the Villagers officers of employees, in the
making nf such assessment or in the performance of any condition precedmt
thereto, the Village also covenants and agrees that it wiU forthwith do all
such further acts and take all such further proceedings as shall be required-
by law to make such assessment a valid and binding lien upon said pmpeAy. It is estjmatedthat the collections of said special assessments, together with
the capitalized interest appropriated fromthe funds of said improvements
'
The proceeds of sale of said bonds, when received,
3. The Village hereby covenants,and agrees that it will do and
9/12/55 1-2
paragraph 2 hereof, will produce sums not less than five per
of the amounts needed to pay the principal and interest Then
herein authorized, The full faith and credit of the Village
cent (5) in excess
due og the bonds
shall be and is I
hereby'irrevocably pledged for the prompt and full paymen$-of said principal ad
interest, and if the moneys in said Impmvement Bond Redemption Fund should at
any time be insufficient to pay the same when due, the Village further covenants:
and agrees to provide sufficient moneys to restore suchdeficiency as provided
in said Ordinance No, 13.
anticipation of the collection of s+id special assessments, the Village shall
forthwith issue its negotiable coupon general obligation Improvement Bonds of ' 1955, Second Series, to be dated as bf September 1, 1955., Said bonds. shall be
750 in-number-and numbered from 1 to 750, inclusive, each in the denomination
of $l,OOO, shall bear interest at the basic rate of 2.80% per annum, payable
semiannually on Narch 1 and Septenber 1 of each year cconmencing March 1, 1956,
and shall mature serially in-the amourit of $75,000 on Ekrch 1 in. each of the
years 1958 through,1967; provided that each.of said bop$ shall be subject to
redemption and.prepapent at %he option of the Village,,at par and accrued
interest and in order af their serial numbers, on the f@st,*day of Narch or the
first day of September inmediately preceding their resppctive stated maturity
dates. Not less than thirty days prior to the date specified for the redemption
of any of said.bonds the Village Treasurer shall mail nptice of the call thereof
to the holder,-if knmm, and to the bank at which princ&pal and interest are
then payable, and said Treasurer shall maintain a recoql of the names and
addresses and-serizl nders of holders of prepayable bpnds, so far as such
infomation is-made available to him, for the purpose of mailing such notices.
Each and a31 of said bonds shall bear additional intereFt at the rate of 1.20%
per annm from.3IarGh 1, 1956 to Se$ ember 1, 1956, to bp esdenced by a-separate
coupon designated as coupon No. B-1, payable Se$ember $, 1y56.
and interest' shall. be payable at the mirr office of the. First National Bank of
Enneapolis, in 14inneapolis, Ziinnesota, and the Village hereby agrees to pay the
reasonable and customaw charges of said paag agen't for the receipt and disburse-
.merit thereof.
shall be in substantially the following form:
4. For the purpose of paying the cost of said improvements and &
.
Both principal
5. Said improvement bonds and the interest coupons appurtenant thereto
UNITEXI STATES OF &*EFUCA
I STATE, OF 2:mOTA. .
COWTY QF EEX"J$ c
.-
DPRO@&NT BOND OF 1955
I.. SECONB SEmS
NO, $1,000
KXOY ALL ?4EX BY THESE PRESEXTS chat the Vklage of Edina, a duly
org.mized and e*sting nunicip+l- corporation of the County of Hennepin,
State of EEaneso-La, acknowledges ikself to be indebted and-for value re-
ceived promised to pay to bearer the sum of OXE THOUSMD Ix)W on the 1st
dar of Narch,- or on a date prior thereto on which this hond shall have
been duly called for redemption as noted belov, and to pay interest thereon
at the rate of two and eighty hundredths per cent (2.$0$) per annum fra
the date hereof until said principal sum be paid, or until this bond has
been duly called for redemption, payable semiannually on the 1st day of
Xarch and the 1st day of September in each year commencing Narch 1, 1956,
such intepest to maturity being represented by and payable in accordance
v&th and upon presentation and surrender of the interest coupons appurtenant
hereto, and to par additional interest on'said principal sum at the rate of
one and twenty hundredths per cent (1.20%) per annm from Harch 1, 1956 to
September 1, 1956, in accordance with and-upon .presentation and surrender of
the sewate coupon appurtenant hereto designated as No, B-1, Both principal
and interest are payable at the main office of the First National Bank of
Ninneapolis, in Eimeapolis, I.linnesota, in any coin-or currency of the'United
States'of America Which on -the respective dates of payment is legal tender
for public-and private debts.
principal and interest as the same respectively become due the full faith,
credit and. taxing powers of the Village are hereby irrevocably pledged.
$'j'50,000, all of like date and tenor except as to serial number, interest
rate andmaturity, all issued for the purpose of defraM expenses incurred
and to be incurred in constructing necessary local improverrents heretofore
duly ordered and ccntracted to be made in accordance with the provisions of
Einnesota Statutes, Chapbr 429, and is issued pursuant to and in full con-
formity xith the Constitution and laws of the State of Einnesota thereunto
enabling, and purguant to resolutions dully adopted by the Village CounciLi
This bond is payable primarily from the Impmvement Bond Redemption-Fund of
said Village, to -which fund tk re have been irrevocably appropriated ,the
special assessments to be levied in respect of the improvemFnts financed by
said issue, but the Village Council is rewred to pay the same out of
For the prompt and full payment of such
This bond is one of an issue in the aggregate principal amount of
-
1.3 9/12/55 '* - fund of the Village in the event that the assessments collected at any time
are insufSicient to meet the -payment of maturing principal and interest.
The' bonds 'of this issue are each ,subject to redemption and prepay-
ment at the option of the Village, at par and accrued interest and in order
of their serial numbers, on the 1st day of March or the 1st day of September
immediately preceding their respective statedmaturity dates. Not less than thirty days prior to the date specified for redemption of any of said bonds
the Village will mil hotice of the call thereof to the holder, if knovm,
and to the bank at which principal and interest are then payable.
of prepayable bonds desiring to receive such notice may register their names
and addresses and the serial numbers of their bonds with the Village Treasurer.
acts, condikions. and,th$ngs. reqgired- by_ the- Constitution .aqd laws of the.
State of Mbnesota to be done, to exist., to happen and .to 6e perfomed pre-
wary to and in the issuance of this bond in order to make it a valid
and binding general obligat2on of said ViXlage according to its terms have
been done, do exist, have happened-and have been performed as so required; . -
that the estimated collections of said special'assesments will be in the
years and amounts required to produce subs not less than five per cent (5%)
in excess of the amounts required for papent when due of the principal,-and
interest on all bonds -of this issue; that ad valorem taxes, if needed for
the payment of such prhcipal and interest may be levied upon all taxable
pmperty in the Village .without limitation as to rate or amount;*.and that
the issuance of this bond did not cause the hdebtedness of said Village
to exceed any constitutiohd or statutory limitation,
by its ViWage.C'ounci1, has-caused this bond to be executed @ its behalf by
the facsimile signature of its Mayor and the manual: signature of its Village
mg'eT,and sealed with its official seal, and the interest coupons appurte nant hereto to be executed and authenticated by the facsimiLe signatures of
said officers, and.has caused this bond to be dated as of September 1, 1955.
*. {
Holders
IT IS HE€LTBY CERTIFIED, AE~~CIED, COVE;"TED AND BGWD that, all
3N WXTNESS VIHEXEDF the Village- of Edina, Hennepin County, Bkinnesota, t :
.,
~ (Facsbnile -Signature)
Countersigned: - -I c- ' Mayor .P
.. .+'
,. . ,
Village Manager
(Seal)
NO e -- .- tb
..
c (F0i.m of Coupon)
On the 1st of March (September), 19-, the ViUage of Edina,
Hennepin County, MinnesoJa, Will, pay to bearer at
9 the sum of DOLLARS lawful money of t$e
United States of America for interest then due,og its kprovement Bond
o€ 1955, Second Series, dated September I, 1955, No. .
(Facsimile Signature)
- Village Manager ,.
Clerk and
(Facsimile Signature)
-, - Masor r
(The last two coupons appurtenant to each bond shall
also include the phrase: Wnless the bond described
below is called for earlier redemption1' .)
IC
6,
shall be executed on behalf of the Village by the signature of the
Said bonds shall be prepared under tk direction of the ViLlage
Mayor, countersised by the Village Manager, and the corporate-seal shall be
affixed threto, and the interest coupons shall be executed and authenticated
by the printed, engraved or lithographed facsimile signatures of said Mayor
and Village Manager. When said bonds have been so executed and authenticated
they shall be delivered by the Treasurer to the purchaser thereof upon pay-
ment of the purchase price heretofore agreed upon, and said purchaser shall
not be obliged to see to the application of the purchase price,
The Village Clerk is hereby authorized and directed to transmit
a certjfied copy of this resolution to the County Auditor of Hennepin County
for certification that the bonds herein arcthorized- have been duly registered.
The officers of the Village and the County Auditor of Hennepin
County are hereby authorized and disectedto prepare and furnish to the pur-
chaser of said bonds and to the attorneys appmhg the legality of the is-
suance tkreof certified copies of all proceedings relating to saidbonds
and to the financial affairs of the Village, and such other affidavits, certi-
ficates and information as may be required to show the facts relating to the
legality and marketability of said bonds as the same appear fmm the books
and records under their custody and control or as otherwise known to them,
and all such certified copies, certificates and affidavits, including any
heretorore furnished, shall be deemed representations of the Viflage as
to the facts recited thenin.
7.
8.
Xo%ion for adoflion of the foregoing
Rollcall-there were five aps and no
Frank, aye; Tupa, aye; and Erickson,
passed and adopted,
A.
9/12/55
resolution was duly seconded by Frdnk, and on
nays, as follows: Bredesen, aye; Da~ens, aye;
aye; and the Resqh$$on was declared duly
Cj2G3.KLmuRE. lhnager Hyde recomended combining the positions of Village Clerk
and Yillage Treasurer into one llClerk-Treasurerll position; the Treasurer*s duties
to be ministerial only. He read an opinion from the Village Attorney setting forth
procedure for appointment, stating that an O&inance will be necessary for said
appointment. Re. Hyde recornended that lks. Gretchen Alden be appointed Clerk-
Treasurer., Bredesen moved that Council accept the recommendation of the VQlage
Xanager and concur in the appointmat; that the Village Attorney be directed to
draft the necessary ordinance. Notion was seconded by Fronk, and on Xollcall
there were five ayes and no nays, as follows:
aye; and Zrickson, aye; qd the motion was unanimously carried,
BUDGET FOk YEAR 1956. Wger Hyde presented detailed budget for the ye= 1956,
in.the l!GTand-Total” amount of $521,252.00, whi.ch wi.ll mean a &E11 Levy of some 33.Q &Ells. This total included an llAdditional Firemen*s Relief bvy of 9/10
Kill, yd a Levy of 5/10 l-fi13. fir a twq-umy radio .system, IIr, Hyde asked that
the Council meet as Committee of the Whole for review of this budget, and
Thursday, September 22, at 7:15 P.N. ps the date and time set for this meeting.
I
.
Rredesen, aye; Danens, aye; Fronk,
VWY vIEs;J AND E”cE Am, COITDE2*N&ION - GLACIER SAW AND GRAVEL, We Ed1-d
hrenz regortedthat the matter.of damages to-be_awarded.to Glacier Sand and Gravel
Company concerns, to certain exbent, their concern as to how long they will be able
to continue to operate as a gravel pit. It seemed to be agreeable with the Council
that the pit be allowed to operate for a period of from three to five years; with
a second premise that the Company must limit its operations to a certain elevation
which r.Jillmake the area platable at thesscessation of operations.
There being no further business to come before this meeting, Fro& moved for
adjournment. Notion seconded by Bredesen and carried. Neeting adjourned at ~
10:25 P.X. I I.
Village Clerk 1.