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HomeMy WebLinkAbout19570225_regular2/25/57 MINUTES OF THE REGULAR MEETING OF THE EDINA VILLAGE COUNCIL, HEb AT THE VILLAGE HALL, ON MONDAY, FEBRUARY 25, 1957 AT 7:30 P.M. Members answering Rollcall were Bank, Dickson, Fronk, Tupa.. Fronk presided until Mayor Bredesen arrived, as recorded below. MINUTES of the Regular Meeting of Feb,. 11 and Special Meeting of Feb. 13, 1957, were approved as submitted, by motion Tupa, seconded byaDickson and carried. . SALE OF $2,000,000 GENERAL OBLIGATION BONDS ($700,000 Park System: $1,300,000 Sanitary Sewer). '. The Village Clerk presented affidavits of publication of notice of sale of $2,000,000 General Obligation Bonds including $1,300,000 Improvement Bonds proposed to be issued for the' financing of a sanitary sewer improvement and $700,000 Park System Bonds proposed to be issued for the acquisition of parks and play grounds and a munisipal swimming pool as directed by the resolution adopted February 13, 1957. examined and found satisfactory and directed to be placed on file in the office of the Clerk. The Village Clerk reported that two sealed bids had been received in her, office prior to the time of this meeting,.which bids were thereupon opened and publicly read and considered, and the highest and best bid of each bidder was found to be as follows: Interest Rate Name of Bidder or Rates Premium FIRST NATIONAL BANK, MINNEAPOLIS, MINN. FIRST NATIONAL BANK, ST-PAUL, MI". NORTHWESTERN NATIONAL BANK, MINNEAPOLIS , MIINN. ] Maturities of 1965 to ~ ALLISON-WILLIAMS CO. , MINNEAPOLIS, MI". J. M. DAIN $, CO., MINNEAPOLIS, IVIINN. PIPER, JAFFRAY & HOPIVOOD, MINNEAPOLIS, MINN. KALMAN & CO., MINNEAPOLIS, MI". JURAN & MOODY, ST. PAUL, MI". AMERICAN NATIONAL BANK, ST. PAUL, MINN. PAIE, WEBBER, JACKSON & CURTIS, Eo J. PRESCOTT & CO, MINNEAPOLIS, MI". MANHEIMER-EGAN, INC., ST-PAUL, MI". ) 3.890731% Said agfidavits were ) Maturities of 1960 to ) 1964, Inc. - 3.40% ) 1973, Inc. - 3.70% ) Maturities of 1974 to ) 1981, Inc. - 3.90% 1 ) Plus 2.1W per annum ) on bonds for period ) 7/1/57 to 3/1/58 ) Av. Net Int. Rate None * MINNEAPOLIS, MINN. 1 1 1 1 1 CALDWELL PHILLIPS CO., ST.PAUL, MI". HAROLD E. WOOD IZ, COO, ST-PAUL, MI". SHAUGHNESSY & CO., ST. PAUL, MINN. FIRST EDINA NATIONAL BANK, EDINA, MINN. FIRST SOUTHDALE NATIONAL BANK, EIIINA, MI". ) JOHN NWEEN & COMPANY, MINNEAPOLIS, MINN. MERRILL,LYNCH, PIERCE, FENNER & BEANE, MINNEAPOLIS, MINN. , B.J. VAN INGEN & GO,, INC. CENTRAL REPUBLIC COMPANY, ALLAN BLAIR & COMPANY, CHICAGO, ILLINOIS M. B. VICK & GO., CHICAGO, ILLINOIS BAXTER 8 COMPANY, MINNEAPOLIS, MI"* CHICAGO, ILLINOIS MINNEAPOLIS , MINN. ) Maturities of 1960 to $33.50 1 1963, Inc. - 3.00% ); Maturities of 1964 to ) 1965, Inc. - 3.25% ) Maturities of 1966 to ) 1967, Inc. - 3.50% ) Maturities of 1968 to ) 1969, Inc. - 3.75% ) Maturities of 1970 to ) 1975, Inc. - 3.90% 1 Maturities of 1976 to ) 1981, Inc. - 4.00% 1 1 paus 2% Der annum on f ) @'.bonds- from 4/1/57 to ) 9/1/58. 1" ) Av. Net Into Rate ) 4.036528% Mayor Bredesen arrived and took his place in the meeting just as the reading of the above bids was finished; and bids were referred to Village Attorney and Finance Director for report. (See Minutes of later in meeting, for award). I 2/25/57 90 I ORDINANCE ESTABLISHING GENERAL OELIGATION BOND REDEliIPTION FUND. Trustee Bank introduced proposed Ordinance No. 17, which was thereupon fully and distinctly read as follows, moving that Council dispense with second reading thereof and adopt Ordinance as read: ORDINANCE NO. 17 AN ORDINANCE ESTABLISHING THE GENERAL OBLIGATION BOND REDEMPTION FUND THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA; !.~I"ESOTA. ORDAINS: Section 1. There is hereby estabiished a separate and special funtE I of the Village to be designated as the "General Obligation Bond RedemptioA Fund", which fund shall be maintained by the Treasurer on the books of the Village so long as any bonds payable therefrom shall be outstanding. able from said fund shall be designated by resolutions of the Village Council, but shall include only general obligation bonds of the Village which are payable from ad valorem taxes, including bonds issued pursuant to and in accordance with the provisions of Chapter 475, Ninnesota Statutes and any future acts amendatory thereof and supplemental thereto. amounts required to produce sums not less than 57g in excess of each principal and interest payment on such bonds, as such payments shall respectively become due. The taxes levied and appropriated to said fund shall be irrevocable, provided that in the event that the Village Council shall in any year irrevocably appropriate moneys from other sources to said fund or if there is on hand any excess amount in the fund, the taxes levied for said fund which are payable in the succeeding year.may be reduced by the amount of such appropriation, at the time and in the manner provided by Elinnesota Statutes, Section 475.61. payment of the principal and interest when due on the bonds designated by said resolutions, and for the prepayment and redemption of said bonds when and if the same become prepayable according to their terms, provided that such moneys may be invested as authorized by Minnesota Statutes; Section 475.66 The full faith and cTedit of the'village shall be and is hereby irrevocably pledged for the prompt and full payment of the principal and interest on all bonds made payable from the General Obligation Bond Redemption Fund. If at any time-the moneys in said fund should be insufficient to pay all such principal and interest due the Council shall provide sufficient moneys for such payment from any other funds of the"Village, and such funds may be reimbursed from the proceeds of taxes appropriated to the General Obligation Bond Redemption Fund; and the Village shall have the power and authority, and it shall be the duty of the Council, to levy additional ad valorem taxes upon all of the taxable property within its corporate limits to the extent required to restore any deficiency in said fund for the payment of said bonds and interest which levy may be made without limitation as to rate or amount. The bonds to be pay- * Section 2. Said Council shall levy a tax for the years and in the Section 3. Section 4. The moneys in said fund shall be used solely for the Section 5. Motion for waiver *of second reading and adoption of the foregoing ordinance was duly seconded by Dickson, and on Rollcall there were five ayes and no nays, as follows: Bank; aye; Dickson, aye; whereupon said ordinance was declared Mayor PUBLIC HEARING ON PROPOSED CHANGE IN ZONING ORDINANCE (Eliminating Clause Paragraph 4 (a) of Section 6 - "No property located within one-half mile of any property theretofore zoned as a Regional Shopping District shall be zoned for any use other than 'Open Development District'". submitted by Clerk, approved as to form and ordered placed on file, this being affidavit on "Notice of HeBring". of this clause does Shopping center, but that it dbes give property owners in the area the privilege of petitioninq for rezoning--GJhich privilege they do not now have; that the Council must still hold a public hearing on any pe$ition for rezoning, at which hearing neighbors can state their objections. D'Arcy-Leck, for the rezoning of property at the Southwest Corner of France and B.70th St., brought this matter before the Council. Southdale residential area, led by Rlr. Cain, 6947 Cornelia Drive and Mr. Boone, Hillcrest Lane, objected that elimination of this clause "puts in a wedge for future rezoning", and suggested that Council pinpoint the area from which the present restriction is to be removed. Affidavit of Publication and Posting was Council explained to audience that elimination rezone the property within one-half mile of Southdale It was also reported that the petition of A*delegation from the 2/25/57 9- i. Messrs. Max A. Hoppe, 6324 France, expressed himself in favor of elimination of the restrictive clause; and Jhr. E. F. Adolphson, 6300 France, asked that the restriction be removed from all of Peacedale Acres. hlr. E. C. Stow, who will be the developer of th? D'Arcy Leck property, explained present tentative plans for land useage. Considerable discussion ensued, as to the best way to- amend the ordinance to remove the restriction from that property which may not lend itself to residential development and yet keep the restriction on property presently developed for residential sites; and Fronk offered the following Ordinance, moving that Council waive second reading and adopt Ordinance as submitted : ORDINANCE NO. 261-20 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE VILLAGE OF EDINA, RELATING TO REGIONAL SHOPPING DISTRICT THE V~LLAGE CO~~CIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS: Section 1. Subsection 4 of Section 6 of Ordinance No. 261, the Zoning Ordinance of Edina, as amended, by Ordinance No. 261-2, is h,ereby amended to read asn follows: "4. Restrictions on Classification. (a) No property located within one half mile of the property described in Section 6, Subdivision 1, Clauses (a), (b), (c), (d), (e) and (f), and which is North of W.70th Street and West of Valley View Road shall be zoned for any use other than Open Development District. unless such property consists of a single tract, divided if at all, only by public stree>s and con"sisting of not less than 50 acres . (b) No property shall be zoned as Regional Shopping District Section 2. This Ordinanc,e sh%l >e *in effect from and after it's passage and publication according to law. Motion for waiver of second reading and adoption of Ordinance as read was seconded by Tupa, and on Rollcall there Bank, aye; Dickson, aye; Fronk, aye; Tupa, ay Bredesen, aye; and the Ordinance was adopted. ATTEST : Village Clerk PUBLIC *HEARINGS ON PROPOSED CURB AND GUTTER IMPROVEMENTS: Affidavit of Publication in Edina-Morningside Courier February 14 and 21, 1957, of "Notice of Hearings-Proposed Curb and Gutter Improvements", which affidavit was approved as to form and ordered placed on file. Public Hearings were conducted on the proposed projects set forth below, and action taken as hereinafter recorded: 1. PUBLIC HEARING ON PROPOSED CURB AND GUTTER IN W.57TH STREET FROM FRANCE AVENUE TO 78 FEET EAST. Estimate of Cost was read as $262.47, as against 75 Assessable Feet, for $3.37 per front foot. the floor, and no objections had been received prior to the Hearing. (See Minutes of later in Meeting, for Resolution Approving). TO MONROE AVE. Esti-mate of Cost was read as $2,092.72, as against 260.71 Assessable Feet, for $3.12 per Assessable Foot. Messrs. Davis and Flynn objected to construction on grounds that sand from the large hill to the north of them . will wash across the curb. acquire the hill and to cut it down, and then hggested that the project be held in abeyance until this work is done, inasmuch as two of the three petitioners have, in effect, withdrawn ,their names by their objections. Bank's motion that project be abandoned was seconded by Dickson and carried. 3. PUBLIC HEARING ON PROPOSED CURB AND GUTTER IN CHOWEN AVE. FROM W.6lST TO W.62ND ST., AND IN CH0';JEN CURVE FROM CHOWEN AVE. TO EBING AVE.Bstimate of Cost was given as $7,728.67, as against 2,398.17 Assessable Feet, for $3.04 per Assessable, Foot. Ah. Lace, owner of considerable front footage at the corner of Chowen Avenue and Chowen Curve, objected on *the grounds that the assessment would penalize him; and several others indicated objections. the audience that the petition carries signatures by owners of only 48% of the front footage; and Fronk moved that petition be abandoned. Motion secon ded by Tupa and carried. Clerk presented Pursuant to said Notice, There were no objections from u. 2. PUBLIC HEARING ON PROPOSED CURB AND GUTTER IN BELMORE LANE FROM JACKSON AVE. !vir. Hyde keEplained that the Village wishes to hlr. Hyde told 92 i 2/25/57 4. PUBLIC HEARING ON PROPOSED CURB Am GUTTER IN HANSEM ROAD FROJ.1 K.62ND STREET TO VALLEY VIEVI ROAD: fMDDOk LAW FRO3 HANSEN ROAD TO I'IYMAN AVE. : V1.62PJD STREET FROIti HANSEN ROAD TO WMAN AVE. 3,359.12 Assessable Feet, for $3.05 per Assessable Foot. I!i.*Zikan informed the Council that developer Roy Peterson, present owner of some 7OJJ of the property, has withdra::tn his petition at the request of the purchasers of the balance of the homesites. moved that improvement be abandoned. 5. PUBLIC HEARING ON PROPOSED CURB AND GUTTER IN W.62ND STREET FROM CONCORD AVE. TO ST.JOHNS AVE. 1,126.06 Assessable Feet, for $3.05 per Assessable Foot. objections from the floor, and no written objections had been received prior to the Hearing. 6. PUBLIC HEARING OiJ PROPOSED CURB AND GUTTER IN BEARD AVE. FROM VJ.60TH ST. TO YJ.62ND ST. Assessable Feet, for $3.05 per Assessable Foot. the floor, and no written objections had been received prior to the Hearing. Bank offered the following Resolution and moved its adoption: Estimate of Cost was $11,030.10, as against No one spoke in favor of the improvement, and Bank Motion seconded by Dickson and carried. Estimate of Cost was given as 93,960.88 as against There were no (See LIinutes of later in I;leeting, for Resolution Approving). Esltimate- of Cost was given at $7,739.37 as against 1-,459.35 There were no objections from RESOLUTION ORDERING IMPROVEIE NTS STREET IhPROVE!ENTS NOS. B-44, 45 AM> 46 BE IT RESOLVED by the Council of the Village of Edina, Minnesota, that this Council heretofore caused notices of hearings to be duly published on the following proposed improvements : CONSTRUCTION OF STANDARD VILLAGE CURB AND GUTTER IN THE FOLLGJING STREETS : 1. C.57th St. from France Ave. to 78 Ft. E. 2. !'J062nd St. from Con cord Ave. to St. Johns Ave. 3. Beard Ave. from W.60th St. to N.62nd St. and at the hearings held at the time and place spe-cified in said notice the Council has duly considered the views of all persons interested, and being fully advised of the pertinent facts does hereby determine to proceed with the construction of said improvements; that said improvements are hereby designated and shall be referred to in all subsequent proceedings as follows: NAME OF IMPROVEMENT : No. 1 Above Street Improvement No. B-44 No. 2 Above Street Improvement No . B-45 No. 3 Above Street Improvement No. B-46 and the areas to be specially assessed therefor shall include all lots and tracts of land abutting the portions of the streets proposed to be improved. Eo-tion for adoption of Resolution was seconded by Tupa, and on Rollcall there were five ayes and no nays, as folloas: B Tupa, aye; and Bredesen, aye; and the Reso &At/ PUBLIC HEARINGS ON PROPOSED ASSESSMENTS FOR STORM SEVERS NOS. 29, 31 AND 33: Clerk presented Affidavits of Publication in Edina-Horningside Courier February 7 and 14, 1957, of "Notices of Public Hearings on Proposed Assessments", which affidavits were approved as to -form and ordered placed on file. Pursuant to said Notices, the following Public Hearings were held actians taken: 10 PUBLIC HEARING 08 PROPOSED ASSESSFJEIJT FOR STORM SEKER IMPROVELENT NO. 29-- BEGIN: AT FRANCE NE.: TH. RUNNING YL TO HALIFAX LANE: TH. s. or? HALIFAY LANE: TH. E'i. TO 1:IINEEHAW CREEK. project being$7,07,7.49 as against 2,08230 Assessable Square Feet, €or $.0339 per Assessable Square Foot, compared with Estimate of $.028. that it is not equitable to include the cost of the pipe from France Avenue in this assessment; and the octner of Lot 10 asked that his property be relieved from the assessment because his drainage is directly to the Cree!c.Bank moved for continuance of Tublic Hearing to the next regular meeting in order that Council might be in possession of $he facts, Motion seconded by Tupa and carried. Analysis of Assessment was read, total cost of I One gentleman complained 2/25/57 2. BLOCK 7, TO NINE-MILE CREEK. project being $2,266.67 as against 218,560 Assessable Squaze Feet, for 5.0103 per Assessable Square Foot as compared with Estimate of $.01658. no objections from the floor, and no written objections had been received prior thereto. (See Resolution Approving, later in meeting). 3. IN CODE AVE, FROM W.56TH ST., 350 FT., JORE OR LESS, SOUTH THEREOF. Analysis of Assessment was read, total cost of the project being $4,958.33 as against 631,635 Assessable Square Feet, for $.00785 per Assessable Square Foot, as compared with Estimate of $.00617. There were no objections from the floor. objection was filed by Mr. Lester Lee, owner of Lot 1, Block 3, Richmond Hills. Fronk offered the following Resolution and moved its adoption: RESOLUTION ADOPTING AND CONFIRMING ASSESShENTS FOR STORM SEI'IER IMPROVEMENTS NOS. 31 AND 33 PUBLIC HEARING ON PROPOSED ASSESSJENT FOR STORM SEWER IMPROVEI43l" NO. 33-- IN BROOKVIE121 HEIGHTS SECOND ADDITION ON ABERCROMBIE DRIVE BETWEEN LOTS 12 AND 13% Analysis of Assessment was read, total cost of the There were PUBLIC HEARING ON PROPOSED ASSESSENT FOR STORM SEVER IMPROVEMENT NO. 31-- A written BE IT RESOLVED by the Village Council of the Village of Edina, Minnesota, as follovJs : 1. It is hereby found, determined and declared that the proposed assessments for STORM SEWER IMPROVEMENTS NOS. 31 AND 33, and each of them, have been properly calculated in accordance with the provisions of Minnesota Statutes Section 412.441; that notice has been duly published as required by law, that this Council would meet to hear and pass upon all objections, if any, to amend said proposed assess- ments as might be necessary, and to adopt the same by resolution; that said pro- posed assessments have at all times since their filing been open for public inspection, and opportunity has been given to all interested persons to present their objectihns; and that each of the lots, pieces and parcels of land enumerated in the respective assessments was and is specially benefited by the construction of the improvement for which assessment is levied in the amount set opposite the description of each such lot, piece and parcel of land respectively. 2. and parcels of land described in said respective assessments, and said proposed assessments are hereby adopted and confirmed as the proper special assessments for said improvements respectively. The assessment against each lot, tract or parcel, together with 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 txes upon the property described therein and all thereof. consecutive annual installments extending over a period of ten years, the first of said installments, together with interest on the entire assessment from the date hereof to December 31, 1958, to be payable with the general taxes for the year 1957, and one of the remaining installments, with one year's interest on that and all subsequent installments, to be payable with general taxes for the years 1958 through 1966, collectible in the respective ensuing years. 3. Prior to certification of the assessments to the County Auditor, the owner . of any lot, piece or parcel of land assessed hereby may pay the whole of such assessment or any installment thereof without interest to the Village Treasurer, and thereafter such payment may be made with accrued interest to the County Treasurer; provided that if any assessments or installments thereof be prepaid to the Village Treasurer, they shall be cancelled on the books of the Village Treasurer, and he shall promptly notify the Village Clerk and County Auditor, and the assessment or installment so prepaid shall be cancelled on the books of the County Auditor. 4. The Clerk shall, as soon as may be, prepare and transmit to the County Auditor a certified duplicate of said assessments, with each then unpaid installment and interest set forth separately, to be extended upon the proper tax lists of the County, and the County Auditor shall thereafter cause said assessments to be collected in the manner provided by law. assessment roll shall be designated as ASSESSMENT ROLL FOR STORM SEWER IMPROVEVENTS NOS. 31 AND 33; and all amounts collected in respect of the assessments therein contained shall be similarly designated by the County Treasurer and remitted to the Village Treasurer, and by him credited to the BOND IMPROVEMENT REDEMPTION FUND , Motion for adoption of Resolution was seconded by Dickson, and on Rollcall there The amounts so set out are hereby levied against the respective lots, pieces The total amount of each of said assessments shall be payable in ten Said duplicate I were five ayes and no nays, as Tupa, aye; and Bredesen, aye; and the ATTEST : Village Clerk 199 I 2/25/57 SALE OF $2,000,000 GENERAL OBLIGATION BONDS (CONTINUED). Attorney and Finance Director on intlerest computations, and their report to the Council, Trustee Bank introduced the following resolution and moved its adoption: After check by Village - RESOLUTION AWARDING SALE OF $2,000,000 GENERAL OBLIGATION BONDS BE IT RESOLVED by the Village Council of the Village of Edina, IGmnesota, that in accordance with instructions of this Council notice has been published of the sale of $2,000,000 negotiable coupon general obligation bonds to be dated March 1, 1957, including $1,300,000 Improvement Bonds and $700,000 Park System - Bonds, and all bids received pursuant to said notice of sale have been duly opened and considered and the highest and best of such bids is hereby found and determined to be that of FIRST NATIONAL BANK, of WINNEAPOLIS, MINNESOTA, and associates named therein, to purchase said bonds at a price of par and accrued interest, plus a premium of NO DOLLARS, the bonds of each issue maturing in the years set forth below to bear interest at the respective rates pwer annum set forth below to bear interest at the respective rates per annum set forth opposite said maturity years: I $1,300,000 Improvement Bonds Idaturitv Years EAaturitv Years 1960 to 1964, Inclusive - 3.407g 1960 to 1964, Inclusive - 3.403; 1965 to 1973, Inclusive - 3.7% 1965 to 1973, Inclusive - 3.7oi'a/ 1974sto 1979, Inclusive - 3.9G: 1974 to 1981, Inclusive - 3.9Ojj Each and all of said bonds shall bear additional interest at the rate of 2.10;: per annum for the period July 1, 1957 to hiarch 1, 1958, to be evidenced by separate coupons, the first to be designated B:l in the amount of $3.50 payable September 1, 1957, and the second to be designated B-2 in the amount of $10.50 payable March 1, 1958. $700,000 Park System Bonds .. The Mayor and the Village Clerk are hereby authorized and directed to endorse the acceptance of the Village upon duplicate copies of said proposal and to return a copy thereof to said bidder and to file the original in the office of said Clerk. The good faith check furnished by said successful bidder shall be retained by the Village Treasurer pending delivery of the bonds and payment of the purchase price, and the checks of other bidders shall be returned to them forthwith. 6 The motion for the adoption of the foregoing'resolution Cvas duly seconded by Tupa, and on Rollcall there were five aye s, as follows: Bank, aye; Dickson, aye; Fronk, aye; Tupa, aye; and e; and the Resolution was adopted A ST: pAAJJw Village Clerk t Fronk then offered the following resolution and moved its adoption: RESOLUTION AUTHORIZIKG THE ISSUANCE OF $700,000 PARK SYSTEM BONDS AhD LEVYING TAXES FOR THE PAYMENT THEREOF I BE IT RESOLVED by the Council of the Village of Edina, Llinnesota, as 1. foll0v:s : obligation Park System Bonds in the aggregate principal amount of $700,000, all dated March 1, 1957, said bonds to be 700 in number and numbered 1 through 700, each in the denomination of $1,000, bearing interest at the rate of 3.40;; on bonds maturing in the years 1960 to 1964, inclusive; 3.7% onebonds maturing in the years 1965 to 1973, inclusive; and 3.9% on bonds maturing in the years 1974 - to 1981, inclusive, said interest payable on September 1, 1957, and semiannually thereafter on March 1 and September 1 of each year, and maturing serially, lowest numbers first, on March 1, in the years and amounts as follows: $10,000 in the year 1960, $15,000 in each of the years 1961 through 1966, $30,000 in each of the years 1967 through 1971, $40,000 in each of the years 1972 through 1976 and $50,000 in each of the years 1977 through 1981. Said bonds shall not be subject to redemption and prior payment, except that those bonds maturing in the years 1977 through 1981 (bearing serial numbers 451 through 700) may, at the option of the Village, be prepaid on March 1, 1976, and any interest payment date thereafter, at par and accrued interest and in inverse order of their serial numbers. Each and all of said bonds shall bear additional interest at the rate of 2.10% per annum, from :July 1, 1957 to March 1, 1958, to be kvidenced by evidenced by separate coupons designated as ''B" coupons--Coupon No. B-1, in the amount of $3.50, payable September 1, 1957, and Coupon No. B-2, in the amount of $10.50, payable Idarch 1, 1958, The Village shall forthwith issue its negotiable coupon general 'I 2/25/57 ..* The principal of and the interest on said bonds shall be payable at the main office of FIRST NATIONAL BANK, in MINNEAPOLIS, klINNESOTA, and the Village agrees to pay the reasonable charges of such paying agent. shall be in substantially the following form: UNITED, STATES OF AMERICA STATE OF MINNESOTA COUNTY OF HENNEPIN 2. Said bonds and the interest coupons to be thereto attached VILLAGE OF EDINA PARK SYSTEM BOND NO $1 , 000 KNOR ALL MEN BY THESE PRESENTS that the Village of Edina, Hennepin County, Minnesota, acknowledges itself to be indebted and for value received promises to pay to bearer the sum of ONE THOUSAND DOLLARS on the 1st day of March, 19 , or if this bond is prepayable as noted below, on a date prior thereto on which it shall have been duly called for redemption, and to pay interest thereon at the rate of until this bond, if prepayable, has been duly called for redemption, payable semiannually on the 1st day of March and the 1st day of September in each year commencing September 1, 1957, interest to maturity being represented by and payable in accordance with and upon presentation and surrender of the interest coupons appurtenant hereto; and also to pay additional interest on said prin- cipal sum at the rate of per cent ( $) per annum from ,19- to , 19-, in accordance with and upon presentation and surrender of the separate interest coupons appurtenant hereto which are designated as "B" coupons. and interest are payable at the main office of 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. For the prompt and full payment of such principal and interest as the same become due the full faith, credit and taxing powers of the Village are hereby irrevocably pledged. This bond is one of an issue in the aggregate principal amount of $700,000, all of like date and tenor except as to serial number, redemption.. privilege (interest rate) and maturity, issued by said Village for the purpose of acquiring parks and playgrounds and a municipal swimming pool .. and is issued pursuant to the approving vote of the requisite majority of the electors of the Village voting at an election duly called and held in and for said Village, and pursuant to resolutions duly adopted by the Village Council and in full conformity with the Constitution and laws of the State of Minnesota thereunto enabling. Bonds of this issue numbered 1 through 450 (maturing the years 1960 through 1976) are payable at their respective stated maturity dates without option of prior payment , but those numbered 451 through 700 (maturing in the years 1977 through 1981) are each subject to redemption and prepayment at the option of the Village on March 1, 1976, and any interest payment date thereafter, at par and accrued interest and in inverse order of their serial numbers. Not less than thirty days prior to the date specified for redemption of any of the said bonds the Village will mail notice of the call thereof to the holder, if known, and to the bank at which principal and interest are then payable. register their names and addreseesc'and the serial numbers of their bonds with the Village Treasurer. things required by the Constitution and laws of the State of Minnesota to be done, to exist, to happen, and to be performed precedent to and in the issu- ance of this bond have been done, do exist, have happened, and have been per- formed in regular and due form, time, and manner as so required; that prior to the issuance hereof a direct, annual, irrepealable, ad valorem tax has been duly levied upon all of the taxable property in said Village for the years and in amounts at least five per cent (5%) in excess of sums suffi- cient to pay the interest hereon and the principal hereof as they respectively become due, and additional taxes, if needed, will be levied upon all of per cent ( $) per annum from the date hereof until said principal sum be paid, or Both principal , in Y I Holders of prepayable bonds desiring to receive such notice may ' IT IS HEREBY CERTIFIED AND RECITED, that all acts, conditions and 96 2/25/57 such property without limitation as to rate or amount; and that this bond, together with all other indebtedness of the Village outstanding on the date hereof and on the date of its actual issuance and delivery, does not nexceed any constitutional or statutory limitation of indebtedness. sota, by its Village Council, has caused this bond to be executed in its behalf by the facsimile signature of the Mayor and the manual signature of the Village Hanager, and sealed with its official seal, and the interest coupons appurtenant hereto to be executed and authenticated by the facsimile signatures of said officers, and has caused this bond to be dated as of March 1, 1957. IN YlITPESS 1;'HEREOF, the Village of Edina, Hennepin County, Llinne- (Facsimile signature) Hayor Countersigned: Village Manager (Form of Coupon) No . $ On the 1st day of September (March), 19-, the Village of Edina, Hennepin County, Llinnesota, will pay to bearer at the main office of , the sum of DOLLARS for interest then due on its Park System Bond dated IAarch 1, No * . 1957, (Facsimile signature) Mayor (Facsimile signature) Village Manager (Coupons bearing numbers 39 and higher attached to bonds bearing numbers 451 through 700 shall also include the phrase "Unless the bond described below is called for earlier redemption". ) 3. Said bonds shall be prepared under the direction of the Village Clerk and shall be executed on behalf of the Village by the facsimile signature of the Nayor, countersigned by the manual signature of the Village Manager, and sealed with the corporate seal of the Village, and the interest coupons shall be executed and authenticated by the printed, engraved or lithographed facsimile signatures of the ldayor and Village Llanager. When said bonds have been so executed and authenticated, they shall be delivered by the Village Treasurer to the purchaser on receipt of the purchase price heretofore agreed upon, and said purchaser shall not be required to see to the application thereof. on said bonds as the same respectively become due, the full faith, credit and taxing powers of the Village shall be and are hereby irrevocably pledged. To provide moneys for the payment thereof, there is hereby levied upon all of the taxable property in the Village a direct, annual, ad valorem tax which shall be spread upon the tax rolls for the years and in the amounts as foll lows, and collected with and as a part of other general taxes of the Village in the respective ensuing years: 4. For the prompt and full payment of the principal and interest && Amount - Year Amount 1958 $42,000 1969 $56,000 1959 44 , 000 1970 57 , 000 1960 46,000 1971 58,000 1961 48 y 000 1972 59 , 000 49 y 000 1973 60,000 1962 1963 50,000 1974 61,000 1964 51 y 000 1975 62,000 1965 52,000 1976 63 , 000 1966 53 , 000 1977 64,000 1978 65 , 000 1967 54 , 000 1968 55,000 1979 66 , 000 The proceeds of such tax shall be paid into the general obligation bond re- demption fund, and expended therefrom in accordance with Ordinance No. 17, adopted February 25, 1957, and said bonds and interest shall be paid from said fund and secured by all of the covenants contained in said ordinance. 2/25/57 5. The Village Clerk is hereby authorized and,directed to file with the County Auditor of Hennepin County a certified copy of this resolution, together with such other information as the County Auditor may require, and to obtain from said County Auditor a certificate that the tax required by law for the payment of said bonds has been levied, and that said bonds have been entered upon his bond register. County are hereby authorized and directed to prepare and furnish to the purchaser of said bonds, and to the attorneys approving the legality of the issuance thereof, certified copies of all proceedings and records of the Village relating to said bonds and to the financial condition and affairs of the Village, and such other affidavits, certificates and information as may be required to show the facts relating to the legality and marketability of said bonds as the same appear from 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 heretofore furnished, shall be deemed representations of the Village as to the facts recited therein. The motion for the adoption of the foregoing resolution was duly seconded by Dickson, and 'bn Rollcall there were aye; Dickson, aye; Fronk, aye; Tupa, desen, aye; and said resolution was declared duly passe4 6. The officers of the Village and the County Auditor of Hennepin no nays, as follows: Bank, Village Clerk AViARD OF INSURANCE BIDS TAKEN FEBRUARY 11, 1957: Tabulation of Bids on insurance coverage, taken February 11; recommending that business be awarded to llow bidder in all cases: 1. Company, 10t~ bidder at Gross Premium of $5,544.96, less Discount of $416.29, Net Premium $5,128.67. motion, that bid be awarded to low bidder, was seconded by Dickson and carried. 2. AUTOidOB ILE COMPREHENSIVE ON LICENSED VEHICLES, R!ITH CONTRACTORS FLOATER ON Noli-LICENSED VEHICLE5 - SIWDER-KOHLER AGENCY for Aetna Casualty 8 Surety Company - Premium of $231.09 on ACV Basis, Automobile Comprehensive; $296.00 on Contractors Floater Policy, $100 Deductible Collision. 1 Yr. Policy expiring April 14, 1958. - Low Bidder. low bidder, was seconded by Fronk and carried. 3. VOLUNTEER FIREMEN GROUP ACCIDENT POLICY - Low Bidder, CHARLES W. SEXT0P.J CO., for Firemens Fund Indemnity Co. - Premium of $139.82 for 1 Yr. Policy expiring March 1, 1958. seconded by Fronk and carried. Manager Hyde presented WORKMEN5 COMPENSATION - SNYDER-KOHLER AGENCY for United Fire & Casualty 1 Yr. Policy expiring February 28, 1958. Tupa's Dickson's motion, awarding bid toi Tupa's motion, awarding bid to low bidder, was I PETITION FOR VJATERMAIN IN TINGDALE AVENUE BETWEEN W.64TH AND 1Y.65TH STS. was filed, this being a petition supplemental to the petition for service on Tingdale between VJ.63rd and W.64th St., filed at the meeting of February 11. Bank's motion, referring Petition to Village Engineer for preparation of plans and specifications, was seconded by Tupa and carried. PUBLIC HEALTH NURSING REPORT FOR JANUARY, 1957, was submitted, reviewed, and ordered placed on file. I PROTEST AGAINST TYPE OF COMMERCIAL DEVELOPMENT PLANNED FOR FAIRFAX AVE.- W.61ST ST.-IVOODDALE AVE. AREA, signed by owners of approximately 40 neighboring properties, was supported from the floor by Mr. V. J. Hillstrom, 6024 Wooddale Ave. zoning on this property was established before the surrounding area was developed, at his request; that this zoning was on record before he sold the surrounding residential lots. to rezone property to a more limited use after it has once been zoned for commericial enterprise; that it is just as difficult to limit the type of commercial enterprise planned for a zoned tract, if the useage planned is one of those permitted by that particular zoning. Mr. Hyde explained that nothing is now before the Council for consideration on this tract, and Iulr. Hillstrom was advised to check previous Council minutes for action concerning an old request for building. Trustee Fronk explained that the ''Community Store" Council explained that it is difficult 2/25/57 MUNICIPAL COURT REPORT, filed by Judge Burris, recommended appointment of an eight-man committee for survey and recommendations on Court policies and pro- cedures. In accordance with hk. Burris' suggestion, and with concurrence by the Council, I&. Bredesen appointed following as a committee on the Court: Messrs. Philip Neville (Chairman); Karl Cove11 , Ward Lewis, Harlan Strong, Frank Tupa, Evald Bank, Dana Nicholson, Joseph Poitras. In accordance with tentative approval granted February 11, for bids to be taken Harch 11 on Sanitary Trunk Sewer Improvement No. C-1, Village Engineer Zikan presented detailed plans and specifications for the project, which were reviewed. Bank offered the following Resolution and moved its adoption: RESOLUTION APPROVING PLANS AND SPECIFICATIONS FOR SANITARY SEVER IMPROVEMENT NO. C-1, AND CONFIRMING ADVERTISEMENT FOR BIDS BE IT RESOLVED by the Village Council of the Village of Edina: The plans and specifications for the proposed SANITARY SELER IhlPROVEAlENT NO. C-1 set forth in the following Advertisement for Bids form, heretofore pre- pared by the Village Engineer and now on file in the koffice of the Village Clerk are hereby approved. Courier, and the Construction Bulletin, the following notice for bids for said improvements, said publication being made February 21, 28 and ?.larch 7, 1957, is hereby ratified and confirmed: 1. 2. The Clerk's action, in'oausipg'to .beL'pUbli:sh&d At least once in th6-. ADVERTISEMENT FOR BIDS SANITARY SEWER IMPROVEMENT NO. C-1 NOTICE IS HEREBY GIVEN that sealed bids will be received and opened in the Thursday, March 14, 1957 , at 11:OO A.M., for the Construction of office of the Village Manager at the Edina Village Hall, 4801 V?. 50th St., on Sanitary Sewer Improvement No. C-1, being construction of Village Sanitary Sewer and Appurtenances kherefor, including Lift Station, said sewer to be constructed along the following route : line of France, said pt.. being Manhole of existing 33" Trunk Sewer; th. S. parallel to centerline of France Ave. a dist. of 150.3'; th. Wly along S. line of N1/2 of NE1/4 of Sec.3lYT.28,R.24 a dist. of 2112' more or less; th. Sly along L Street as platted in preliminary plat of South Gardens Estates a dist. of 1153' more or less, to "K" Street as shown in said preliminary plat; tho Kly along centerline of said "E" Street a dist. of 680.15'; th. Sly a dist. of 354.75' to extended centerline of "A" Street in preliminary plat of Chapman's Normandale Development; th. Wly and IWly along said "A" Street to a pt. which is 40' E. of I'J. R/G line of State Highway #loo; th. N. parallel to centerline of State Highway #loo, a dist. of 486.47'; which is S. Line of Govt. Lot 1, Sec. 9, T.116,R921; th. in a Ni'ily direction to pt. on centerline of W.70th St.; th. Kly along centerline of W.70th St. a dist. of 173.51' which is its intersection with E. line of Lot 27, B1. 7, Brookview Hts. 2nd Addn.; th. Nly along said E. line a dist. of 158'; th. TJly parallel to rear lot lines of Lots 22 to 27, said B1. 7, to C. line of Lot 22, said B1. 7; th. Wly to a pt. on N. line of Sec.8, T.116,R.2lY said pt. being 119' Wly from NE Cor. of said Sec. 8; th. VJly along said N. section line a dist. of 761.35'; th. N21y on a meandering course to centrline of Brook Drive; th. Ely along centerline of Brook Drive a dist. of 257.73'; th. Nly through Lots 4 kthrough 7, B1. 9, LaBuena Vista to intersection of Yi. 68th St. and proposed N-S street as shown in preliminary plat of Stow's property !'I. of liINSS Ry. R/W; th. Nly along said proposed street to proposed V;.67th St.; th. l'lly along proposed 1;'.67th St. to Limerick Lane as proposed in Peterson's preliminary plat of Valley View Stables property; th. N along Limerick Lane to proposed FJ.66th St.; th. Wy along proposed N.66th St. to Valley View Rd.; th. S!'lly along centerline of Valley View Rd. a dist. of 78'; th. on a meandering course My and W?ly adjacent to Nine blile Creek to intersection of Gleason Rd. and S. line of Sec. 31, T.117, R.21; th. along centerline of Gleason Rd. to Rvy.#169; th. SWly along Hwy.#169 a dist. of 660' more or less; th. Nly a dist. of 470' more or less; th. Uly 570' more or less; th. Nly 130' more or less; th. VIly to centerline of Vialnut Drive; th. Nly along centerline of Vlalnut Drive to pt. 150' Sly of S. line of N1/2 of Sec. 3l9T.117,R.21; th. I'Ely parallel to and 150' Sly of said S. line a dist. of 685.7 ' " for said improvements on file in the office of the Village Clerk. and specifications are available upon a deposit of $25.00, which deposit is re- fundable immediately upon return of said plans and specifications. Comm. at a pt. 1170' S. of Centerline of FI.70th St. and 35' Y!. of center- It I ::'ark must be done as described and specified in plans and specifications Said plans 2/25/57 No bids will be considered unless sealed and filed with undersigned before 1l:OO A.M., Thursday, March 14, 1957 , and accompanied by cash deposit, bid bond, or certified check payable to the Village Clerk in amount of ten percent of amount of bid. Idarch 14 , 1957, at 7:30 P.M., to consider said bids. The Council reserves the right to reject any or all bids. The Village Council will meet in the Edina Village Hall on Thursday 5 BY ORDER OF THE EDINA VILLAGE COUNCIL GRETCHEN 5. ALDEN Village Clerk 3. Each and all of the terms of the foregoing advertisement for bids are hereby adopted as the terms and conditions of award of the contract for said improvement. I Motion for adoption of the Resolution was seconded by Tupa, and on Rollcall there were five ayes and no nays, as follows: Bank, a ickson, aye; Fronk, aye; Tupa, aye; and Bredesen, aye; and the Mayor Village Clerk FIRE STATION SITE-PARK--ACQUISITION OF LAND--66TH ST. AID BRITTANY ROAD. Manager Hyde asked for authorization to purchase a tract of land at the Southwest Corner of W.66th St. and Brittany Road, being a tract 177 Et. by 210 Ft., for $4,500.00. He recommended that the property be used as a site for a future fire station, with possibly some area for park-playground. granted authority to enter into purchase agreement on behalf of the Village for the site and at the price recommended by him, was seconded by Tupa and carried. Fronk's motion, that Village Manager be INDUSTRIAL PARK HEARING. Manager Hyde reported that the office has made available the Gardner Report and other pertinent information to those who have requested it. Edina Civic and Improvement Association's resolution opposing proposed rezoning was read and ordered placed on file; and a copy of the Association's letter to residents was read without comment. The Association's suggestion that a large room be made available for the Hearing was reviewed, and Clerk was asked to secure space in one of the schools for this meeting. PETITION FOR EATERMAIN IN EVANS ADDITION was discussed, after Engineer Zikan presented Mr. EdkBraddock's request for service, and claim that petition had Been filed last fall, together with Sanitary Sewer petition for the same property. Engineer Zikan suggested that inasmuch as the new owner is the one to be "caught in a pinch" by any delay, and that inasmuch as the present service is not far from this plat and there should be no complications in the planning, the work be planned for construction this year, as was the intention of the former owner. I Dickson's motion, that hlr. Zikan's recommendation be accepted, was seconded by Tupa and carried. DEDICATION OF STREETS - YORK AVENUE BETWEEN lri.66TH ST. AND W.69TH ST.; t'l.6QTH ST. BETWEEN YORK AVE. AND FRANCE AVE. ; AND ADDITIONAL RIGHT-OF-WAY, W.66TH ST., FRANCE AVE. TO XERZS AVE. Southdale's dedication of the above named streets, inasmuch as these streets have been improved in accordance with the understanding hetween the Village and South- dale at the time Southdale was first laid out. Mr. Crear stated that the improve- ment of these streets has meant an expenditure of some $156,000 to Southdale; that the streets meet Village specifications. be dedicated between W.69th and inl.70th St. as soon as grades have been established and the remaining required work completed. the value of the dedications to the Village as a whole, and Bank offered the following Resolution and moved its adoption: Mr. William Crear of Southdale asked that Council now accept He also stated that York Avlenue will Some little discussion was had as to I RESOLUTION ACCEPTING STREET DEDICATION WHEREAS, Southdale Center, Inc. and Southdale Realtv ComDanv. both 1 4. Minnesota corporations, have tendered to the Village of Edina' a quit claim deed conveying to the Village a perpetual right of way for street purposes over the following parcels of land in Hennepin County, Minnesota, to-wit: (1) Tracts "A", "Ct' and "D" of Registered Land Survey No. 629, files of the Registrar of Titles in and €or said County and State, and that portion of York Avenue South as now platted lying between Tracts "A" and "D", said. Survey No. 629. 2/25/57 (2) Tract "J" of Registered Land Survey No. 432, files of the Registrar of Titles in and for said County and State. Tract "S" of Registered Land Survey No, 629, 'files of the Registrar of Titles in and for said County and State. (3) (4) Tract "N" of Registered Land Survey No. 432, files of the Registrar of Titles in and for said County and State. WHEREAS, The Prudential Life Insurance Company of America, a New and Jersey corporation, holder of a mortgage given by said Southdale Center, Inc. dated May 1, 1955, filed in the office of the said Registrar of Titles on July 29, 1955, as Document No. 468693, mortgaging a portion of the premises described i'n the aforesaid quit claim deed, has tendered to the Village a document subordinating its said mortgage to the dedication of said parcels for public street purposes; and of a private easement for street purposes granted by that certain warranty deed given by said Southdale Center, Inc. dated May 24, 1955, filed in the office of said Registrar of Titles on June 11, 1955, as Document No. 463070, over a portion of the premises described in the aforesaid quit claim deed tendered by Southdale Center, Inc. and Southdale Realty Company, has tendered to the Village a document subordinating its said private easement to the dedication of said parcels for public street purposes; NO::' THEREFORE, BE IT RESOLVED, That said quit claim deed and subordination agree- ments be, and they hereby are, accepted by the Village of Edina, and the dedi- cation of said parcelsfor public street purposes be, and the same is hereby, accepted and approved. opened for street purposes. and he hereby is, authorized and directed to forthwith file the deed and subordination agreements described in the preamble hereto, together with a true copy of this resolution, in the office of the Registrar of Titles in and for Hennepin County, I.Iinnesota,land to take all other steps necessary or expedient to effectuate the purposes expressed in this resolution. WEREAS, Allied Central Stores, Inc., a Missouri corporation, holder BE IT FURTHER RESOLVED, That said parcels are hereby declared BE IT FURTHER RESOLVED, That the Clerk of the Village of Edina be, Motion for adoption of the Resolution was seconded by Dickson, and on Rollcall there were five ayes and no nays, as follocv Bank's motion for payment of the following Claims, as per Pre-List dated February 25, was seconded by Tupa and carried: ' General Fund ----- $9,608. 18 Liquor Fund ----- $27,426.94 Const. Fund ----- 13,535.98 Sewer Rental ---- 13,156.04 Parks Fund ----- 1,144.23 Improvement Funds 161,702.22 li'atervlorks Fund -- 21,118.61 TOTAL . 5247,692.20 The meeting's agenda's having been covered, Tupa m oved for adjournment of Meeting to Friday, March 8, at 7:30 P.P4., at whatever large meeting place may at 11:lO P.IL be. arranged by Clerk. IAotion seconded by rc Village Clerk I