HomeMy WebLinkAbout19570412_adjourned4/8/57 -.. - . - . -- . %=-i Each - -_ -- and all of the terms of the foregoing advertisement for bids are
hereby adopted as Yne terms anti conditions of award of the contract for said
improvement.
Lotion for adoption of the Resolution was seconded by Tupa, and on Rollcall there
were four ayes and no nays, as follows: Bank, aye; Dickson, aye; Tupa, aye; and
Fronk, aye; and the resolution was adopted.
Village Clerk
LIFT STATION FOR SANITARY SEER ILIPROVElIENI' NO, C-1--BIDS POSTPONED TO IJAS 13,1957.
Engineer Zikan reported that because of an unexpected necessary change in Lift
Station Plans, necessary data could not be made ready for the contractors for
bidding on the Lift Station today. He asked that bids be postponed to IJay 13, and
Bank so moved. Xotion seconded by Tupa and carried.
PL4Yi.lENT OF CLA1I.S:
Claims paid on Pre-List dated !:arch 25 and additions thereeo, and for papent of
Claims as evidenced by Pre-List dated April 8, as follows, was seconded by Bank
and carried:
Tupa's motion for confirmation of payment, by office, of those
PRE-LIST OF HARCH 25:
Genhral Fund ----- $11,736.48
Construction Fund- 3,393.82
Parks Fund - 670 . 55
Katertvorks Fund - 4,823 . 01
Liquor Fund - 12,311.74
Sewer Rental Fund- 129.88
P.I.R. Fund - 10,213.50
$49,778.98
ADDIJS. TO PRE-LIST OF X4RCH 25:
General Fund ----- $ 5,782.53
Parks Fund - 25.32
$ 5,E07.55
PRE-LIST OF APRIL 8:
General Fund ----- Si 8,847.50
Parks Fund 83.19
I'latertvorks Fund - 4,200.62
Liquor Fund - 16,187.46
Sewer Rental Fund- 6.35
Poor Fund 277.55
$29,602.67 .
Tupa's motion for adjournment of meeting to Friday, April 12, 1957, at 7:30 P.L,
was seconded by Bank and carried. LleetiM adjourned at 11:45 P.Lk was seconded by Bank and carried.
rc' .. - Village Clerk
I.lINUTES OF AN ADJOURNED JEETING OF THE EDINA
VILLAGE COUNCIL, HELD FRIDAY, APRIL 12, 1957,
AT 7~30 Poi., AT THE EDINA VILLAGE HALL.
Members answering Rollcall were Bank, Dickson, Fronk and Tupa. EJayor Pro Tem Fronk
presided in Xayor Bredesen ' s absence.
The Village IAanager announced that the bids for the construction of Sanitary Sewer
Improvement No. C-1, with the exception of a lift station, as provided for in the
plans and specifications of the improvement on file with the Village Clerk, have been
received this morning at 11:OO o'clock at the Village Hall as called for in the ad-
vertisement for bids, and that said bids were turned over to the Village Engineer for
tabulation.
notices of advertisement for bids in the official newspaper and in the Construction
Bulletin on March 21, 1957. Said affidavits were examined, found satisfactory, and
orderat: placed on file; and upon motion duly made, seconded and carried the terms of
said notices were in all respects confirmed, approved and ratified.
*
The Village Engineer then presented affidavits showing publication of
The Village Jlanager then presented to the Council the bids for the construction of
said improvement as tabulated by the Village Engineer, which were found to be as
foll0v:s :
Name of Bidder Base Bid Alternate Bid
Peter Lametti Const. Co. , St. Paul 91,186,346.49 $1,212,836.26
Lametti & Sons, Inc,, St. Paul $1,356,385.69 $1,377,038.32
Orfei 3, Bariani & Sons, Inc., St. Paul $1,056,159.00 $1,099,422.00
Barbarossa-Nodland , Golden Valley $1,135,125.00 $1,142,237.00
Following discussion of the bids received, Kember Tupa introduced the following
Resolution and moved its adoption:
RESOLUTION AWA~DING CONTRACT
FOR SANITARY SEWER IFAPROVEfUIENT '-i i,
NO. c-1 lL
BE IT RESOLVED by the Village Council of the Village of Edina, Minnesota, as follows:
bidder for the work and materials necessary for the construction of Sanitary Sewer
Improvement No. C-1, with the exception of a lift station, is Orfei & lkwiani F:
Sons, Inc., of St. Paul, Minnesota; that the bid of said bidder is in the total
amount of $1,056,159.00 Dollars; thag said bid is in all respects in accordance
with law and with public advertisement for bids and with the plans and specifi-
cations heretofore approved by the Council and now on file in the office of the
Village Clerk; and that the Engineer employed by the Village has recommended that
said bid be accepted and that said bid is hereby accepted.
2. The Mayor and Village Manager are hereby authorized and directed to make
and execute a contract on behalf of the Village in accordance with the terms of
said bid when said bidder shall have furnished a contractor's bond in the amount
of his bid, conditioned as required by law.
3.
cash deposits, bid bonds, or certified checks furnished by other bidders, and to
retain those furnished by the successful bidder until the execution and filing of
said contract and bond in his office.
1. It is hereby found, determined and declared that the lowest responsible
-
The Clerk is hereby authorized and directed to return forthwith all
The motion for the adoption of the foregoing resolution was duly seconded by
Member Dickson andupon vote being taken thereon the following voted in favor
thereof: Bank, aye; Dickson, aye; Tupa, aye; and Fronk, aye; and the following
voted against the same: No nay votes; whereupon said resolution was declared
duly passed and adopted and was signed by the Mayor Pro Tem and attested by
the Village Clerk.
r
Mayor Pro Tem
Village Clerk
Trustee Bank introduced the following resolution and moved its adoption:
RESOLUTION AUTHORIZING THE ISSUANCE OF
PAYABLE FROM THE IMPROVEMENT BOND REDEMDON FUND
IMPROVEMENT BONDS OF 1957, FIRST SERIES,
BE IT RESOLVED by the Council of the Village of Edina, Minnesota, as
follows:
1. It is hereby found, determined and declared that the Village has
heretofore ordered, in accordance with the provisions of Ptlinnesota Statutes,
Chapter 429 and after public hearing as required by law, the construction of a
sanitary sewer improvement and has duly ordered, received and approved plans and
specifications and entered into contracts for a substantial portion of the con-
struction of said improvement after proper advertisement for bids; that the total
benefits resulting from said improvement to the properties within the area pro-
posed to be assessed therefore, as heretofore defined, will be not less than the
cost of such improvemaat; that it is contemplated that the total amount of said
cost will be assessed against those lots and tracts specially benefited by said
improvement, and that such assessments will be made payable in twenty (20) equal
annual installments, together with interest at the rate of five per cent (576) per
annum on the balance of the assessments remaining unpaid from time to time, will
be spread upon the tax rolls of the Village for the consecutive years commencing
1957, if practical, or if not 1958, and will be collected in the respective
succeeding years; that the estimated cost thereof is $1,300,000; that it is
necessary and expedient for the Village to borrow at this time the sum of
$1,300,000 for the purpose of payihg expenses incurred and to be incurred in
connection with said improvement, by the issuance of general obligation improve-
ment bonds to be designated as the Improvement Bonds of 1957, First Series? in
accordance with the provisions of saidmchapter 429 and of Ordinance No. 14 of the
Village of Edina, adopted August 31, 1955, and to make the same payable from the
Improvement Bond Redemption Fund created by said ordinance; that said bonds have
been duly advertised and sold at public sale; and that all acts, conditions and
things required by the Constitution and laws of the State of Tktinnesota to be done,
to exist, 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.
There is hereby created a separate improvement fund for said improve-
ment. The proceeds of sale of said bonds, when received, shall be credited to said
respective improvement fund in an amount equal to the cost of said improvement, and
the fund shall be used for no purpose other than the payment of costs and expenses
of "cne making thereof, as such expenses are incurred and allowed, provided that (1)
there shall be transferred from the fund 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 or' such improvement from the date of issue of the bonds herein
authorized to the date upon which the assessment roll for such improvement shall be
2.
-I
124 4/12/57
finally confirmed, and (2) upon completion of said improvement any unexpended
portion of the bond proceeds still held in the fund may, if directed by the
Council, be transferred to -the fund of any other improvement to be financed by tie
issuance of bonds under ilinnesota Statutes, Chapter 429, and (3) upon completion
of said improvement any unexpended balance in the fund shall be transferred to the
Improvement Bond Redemption Fund-
The Village hereby covenants and agrees that it will do and perform,
as soon as may be upon completion of the improvement financed by this issue, all
acts and things necessary for the final and valid levy of special1 assessments
upon properties within the area heretofore designated 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.
the event that any such assessment shall be at any time held invalid in respect
to any lot or tract of land, due to any error, defect or irregularity in any
action or proceeding taken or to be taken by the Village or this Council or any
of the Village's officers or employees, in the making of such assessments or in
the performance of any condition precedent thereto, the Village also covenants
and agrees that it will forthwith do all such further acts and take all such
further proceedings as shall be required by law to make such assessment a valid
and binding lien upon said property. It is estimated that the collections of
said special assessments, together with the capitalized interest appropriated
from the fund of said improvement in paragraph 2 hereof, ail1 produce sums not
less than five per cent (5%) in excess of the amounts needed to pay the principal
and interest when due on the bonds herein authorized. The full faith and credit
of the Village shall be and is hereby irrevocably pledged for the prompt and full
payment of said principal and interest, and if the moneys in said Improvement Bond
Redemption Fund should at any time be insufficient to pay the same vihen due, the
Village further covenants and agrees to provide sufficient moneys to restore such
deficiency as provided in said Ordinance No. 14.
anticipation of the collection of said special assessments, the Village shall
forthwith issue its negotiable coupon general obligation Tmprovement Bonds of
1957, First Series, to be dated as of &¶arch 1, 1957.
in number and numbered from 1 to 1300, inclusive, each in the denomination of
$1000, bonds numbered 1 through 325 shall bear interestat the rate of three and
forty hundredths per cent (3.4o;j') per annum, bonds numbered 326 through 910 shall
bear interest at the rate of three and seventy hundredths per cent (3.70;:) per
annum, and bonds numbered 911 through 1300 shall bear interest at the rate of
three and ninety hundredths per cent (3.9Q;) per annum, payable September 1,1957,
and semiannually thereafter on ].larch 1 and Sptember 1 of each year, and shall
mature serially on Karch 1 in the amount of $65,000 in each of the years 1960
through 1979, provided that each and all of said bonds shall be subject to
redemption and prepayment at the option of the Village at par and accrued interest
and in order of their serial numbers, on the first day of Narch two years prior to
their rxpective stated maturity dates.
date specified for the redemption of any of said bonds the Village Treasurer shall
nail notice of the call thereof to the holder, if known, and to the bank at which
principal and interest are then payable, and said Treasurer shall maintain a
record of the names and addresses and serial numbers of holders or' prepayable
bonds, so far as such information is made available to him,.for the purpose of
mailing such notices. Each and all of said bonds shall bear additional interest
at the rate of 2.1CTi per annum from July 1, 1957 to IJarch 1, 1958, to be evidenced
by a separate set of coupons designated as "B" coupons, payable September 1, 1957
and Karch 1, 1958- Both principal and interest shall be payable at the main
office of the First National Bank of Ltinneapolis, in I.Enneapolis, Einnesota, and
the Village hereby agrees to pay the reasonable and customary charges of said
payflng agent for the receipt and disbursement thereof.
shall be in substantially the forllowing form:
/
3.
In
I
4. For the purpose of paying the cost of said improvement and in
Said bonds shall be 1300
Not less than thirty days prior to the
5. Said improvement bonds and the interest coupons appurtenant thereto
UNITED STATES OF AMERICA
STATE OF i.IILT!ESOTA
COUNTY OF HENNEPIN
VILLAGE OF EDINA
s1,ooo No
I3JOX ALL 1.EN BY THESE PRESENTS that the Village of Edina, a duly
organized and existing municipal corporation of the County of Hennepin, State of
Ninnesota, acknowledges itself to be indebted and for value received promises to
pay to bearer the sun of OPE THOUSAND DOLLARS on the 1st day of rhrch, 19 ,
oc 4/12/57 3 r-4 I
or on a date prior thereto on which this bond shall have been duly called for
redemption as noted below, and to pay interest thereon at the rate of
from the date hereof until said principal sum be paid, or until this bond has
been duly called for redemption, plus additional interest on said principal
sum at the rate of two and ten hundredths per cent (2.1Q:) per annum from
July 1, 1957 to March 1, 1958, all interest payable semiannually on the first
day of March and the first day of September in each year commencing September 1,
1957, in accordance with and upon'presentation and surrender of the interest
coupons appurtenant hereto, which coupons are in two sets, one set represent- .
ing interest at said basic rate to maturity, and the other set, designated as
"BY coupons, representing said additional interest for the period set forth
above. Both principal and interest are payable at the First National Bank
of IJinneapolis, in klinneapolis, Idinnesota, 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.
such principal and interest as the same respectively become due the full faith,
credit and taxing powers of the Village hereby irrevocably pledged.
per cent ( $) per annum
For the prompt and full payment of
This bond is one of an issue in the aggregate principal amount of
$1,300,000, all of like date and tenor except as to serial number, interest
rate and maturity, all issued for the purpose of defraying expenses incurred
and to be incurred in constructing a necessary Sanitary Sewer Improvement
heretofore duly ordered and contracted to be made in accordance with the
provisions of 1.4innesota Statutes, Chapter 429, and issued pursuant to and
in full conformity with the Constitution and laws of the State of Minnesota
thereunto enabling, and pursuant to resolutions duly adopted by the Village
Council. This bond is payable primarily from the Improvement Bond Redemption
Fund of said Village, to which fund there have been irrevocably appropriated
the special assessments to be levied in respect of the improvement financed
by said issue, but the Village Council is required to pay the same out of any
fund of the Village in the event that the assesments collected at any time
are insufficient to meet the payment of the maturing principal and interest.
The bonds of this issue are each subject to redemption and prepayment
at the option of the Village, at par and accrued interest and in order of their
serial numbers, on the 1st day of Idarch two years immediately preceding their
respective stated maturity dates and on any interest payment date thereafter.
Not less than thirty days prior to the date specified for redemption of any of
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.
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.
Holders I
IT IS HEREBY CERTIFIED, RECITED, COVENANTED AND AGREED that all acts,
conditions and things required by the Constitution and laws of the State of
Minnesota to be done, to exist, to happen and to be performed preliminary to
and in the issuance of this bond in order to make it a valid and binding gen-
ral obligation of said Village according to its terms have been done, do
exist, have haprlened and have been performed as so required; that the
estimated collections of said special assessments will be in the years and
amounts required to produce sums not less than five per cent (5$,') 'in excess
of the amounts required for,payment when due of the principal and interest
on all bonds of this issue; that ad valorem taxes, if needed for the payment
of such principal and interest may be levied upon all taxable property in
the Village without limitation as to rate or amount; and that the issuance
of this bond did not cause the indebtedness of said Village to exceed any
constitutional or statutory limitation.
IN XITNESS IWEREOF the Village of Edina, Hennepin County, Minnesota,
by its Village Council, has caused this bond to be executed 'in its behalf by
the facsimile signature of its Ivlayor and the manual signature of the Village
Idanager, and sealed with its official seal, and the interest coupons appurten-
ant hereto be executed and authenticated by the facsimile signatures of
said officers, and has caused this bond to be dated as of March 1, 1957.
(Facsimile signature)
Mayor
Countersigned :
Village Manager
(Seal)
4/12/57
(Form of Coupon)
No. $
On the 1st day of Llarch (September), 19 , the Village of Edina,
Hennepin County, Minnesota, will pay to bearer at the First National Bank
of Elinneapolis, in Minneapolig , Minnesota, the sum of
for interest then due on its Improvement Bond of 1957, First Series, dated
ljIarch 1, 1957, No. . DOLLARS lawful money of the United States of America
(Facsimile Signature)
(Facsimile Signature) Mayor
Village Manager
(The last four coupons appurtenant to each bond shall also
include the phrase:
called for earlier redemption". )
"Unless the bond described below is
6. Said bonds shall be prepared under the direction of the Village
Clerk and shall be executed on behalf of the Village by the facsimile signature
of the Mayor, countersigned by the manual signature of the Village Idanager, and
the corporate seal shall be affixed thereto, and the interest coupons shall be
executed and authenticated by the printed, engraved or lithographed facsimile
signatures of said 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 payment of the purchase price heretofore agreed upon,
and said purchaser shall not be obliged to see to the application of the
purchase price.
certified copy of this resolution to the County Auditor of Hennepin County for
certification that the bonds herein authorized have been duly registered.
The officers of the Village and the County Auditor of Hennepin
County are hereby authorized and directed to prepare and furnish to the pur'
chaser of said bonds and to the attorneys approving the legality of the is-
suance thereof certified copies of all proceedings relating to said bonds and
to the financial affairs of the Village, and such other affidavits, certifi-
cates 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.
7. The Village Clerk is hereby authorized and directed to transmit a
8.
The motion for the adoption of the foregoing resolution was duly seconded by
Trustee Tupa, and on Rollcall there were Four Ayes and No Nays as follows:
Bank, aye; Dickson, aye; Tupa, aye; and Fronk, aye; whereupon said Resolution
was declared duly passed and adopted.
tlayor Pro Tem
Village Clerk
fiCQUISITIOS OF LAND FOR LIFT STATION-PARK PURPOSES. Hanager Hyde reported on
negotiations with Coffman Realty Company for park dedication-purchase and lift-
station site purchase. He stated that, as things now stand, the Village will
purchase two lots in a tier on the South side of the school site, at a cost of
$5,400, as a site of the Lift Station; and will purchase an area on the Y!est
side of the school site (about 3.1 acres) at a cost of $11,600, for Park;
vfnereas Coffman Realty Company agrees to dedicate, for Park Purposes, a site
located on either side of Yne Lift Station site, and a wooded knoll to the
Xorth of the proposed Park Furchase, .said three tracts totalling about 4.1
acres. Mr. Hyde recommnded this combination purchase-dedication, and asked
that authorization be granted to enter into formal agreement therefor.
Dickson's motion, that authorization be granted €or formal agreement for
purchase-dedication as outlined by Manager, was seconded by Bank and carried.
SANITARY SELXR IMPRCVEXZXT NO. C-1, ANI STREET GRADING.
reported
Realty Company, Oscar Roberts Company, and E.C. Stow, have all evidenced
willingness to dedicate a street along the line of the Trunk Sewer East of
Normandale Road; that Delaney is the only owner not yet contacted.
Recommended that Delayney be asked for a dedication, in order that the entire
street might be put to tentative grade before sewer is laid, thus saving
deep cut. Engineer's recorriiendation accepted, and Engineer instructed to
proceed with matters necessary Tor proper street dedications.
Engineer Zikan
in connection with Sanitary Sewer Improvement B-1, that Coffman
He
4/12/57 3- 27
AUTHORITY TO CONDEMN FOR SANITARY SEVER NO. C-1 EASEJEIflS IN BROOIVIE!? HEIGHTS - SECOND ADDITION.
Heights 2nd addition have died; that their properties are now in estates; that, in
one case the executor has the power to sign an easement but that in "cne other
case it seems impossible to secure any dedication. He asked that Council
approve condemnation on these two easements, and Dickson moved that condeanation
be authorized in accordance with Engineer's recommendation.
Bank and carried.
ORDINANCE PERPJITTING EOIZ'LING ALLEYS TO SELL BEER. Wanager Hyde advocated adoption
of an amendment to the Village Liquor Ordinance, permitting the on-sale of beer by
bowling alleys. Some discussion was had, and Bank offered the folloriing Ordinance,
moving that Council waive second reading add adopt Ordinance as read:
Engineer Zilcan reported that two property owners in Brookview {
Motion seconded by
ORDINANCE NO. 131-4
AM ORDINANCE AMENDING THE LIQUOR ORDINAPJCE OF THE
VILLAGE OF EDINA, AS TO THE SALE OF NON-TIJTOXICATING
MALT LIQUOR IN BCELING ALLEYS -- THE VILLAGE COUitJCIL OF THE VILLAGE OF EDINA, JK!3NESOTA, ORDAINS:
Section 1.
Village, as amended, is hereby further amended to read as follows:
"(b) On-sale licenses shall be granted only to private clubs which have
been incorporated for more than ten years and which own and operate club
houses for their members in which the serving of such liquor is incidental
and not the major purkose of such club, to reFularly established restaurants,
and to bowling alleys; provided, that no license may be granted to a m'nw,
or to any person onnvicted of any wilful violation of any law of the United
States or the State of Minnesota, or any local ordinance, with regard to
the manufacture, sale, or distribution of intoxicating liquor. No on-sale
license shall be granted to any such restaurant, club, or bowling alley,
where such restaurant, club or bowling alley has not been in operation at
that place for at least 6 months immediately preceding such application;
provided, however, that the council may waive said requirement of 6 months'
operation by a 4/5 vote".
Paragraph (b) of Section 14 of part C of Oidinance No. 131 of the
Section 2.
Village is hereby amended to read as follows:
"(c)
hall or center, dance hall or place where dancing is permitted, or other
place of public gathering for the purpose of entertainment, camusement, or
playing of games, except bowling alleys, .CT ts xi sx c lsr .thn pl-y~.~ 5f
Paragraph (c) of Section 14 of part C of Ordinance No. 131 of the
3Jo on or off-sale license shall be granted to any theatre, recreational
- u-- *
n,-v rn? 1 :r*rrn-*. :n ,-,rrh nl ?cnP ALIy -LIcIuvI y-C.V\-*.r No license shall be
granted for sale on any premises where a license hereunder has been revoked
for cause for at least one (1) year after such revocation, except that on
unanimous vote of the council such license may be granted at any time after
such revocation.''
b
?
Section 3.
hereby amended to read as follows:
"(b) In any place licenses for the on-sale of non-intoxicating malt
liquor, except bowling alleys, the liquor shall be served and consumed at
tables in the dining or refreshment room of the cafe, restaurant, hotel or
club, and shall not be consumed or served at bars; provided the same may be
served at counters where food is regularly served and consumed.
in the front of any such place shall be clear glass, and the views of the
whole interior shall be unobstructed by screens, curtains or partitions.
There shall be no partition, box, stall, screen, curtain or other device
which shall obstruct the view of any part of said room from the general
observation of persons in said room; provided, however, that partitions,
subdivisions, or Sanels arc not higher than 43 inches from the floor shall
not be constructed as in conflict vgith the foregoing; and provided, however,
that such license shall entitle the holder thereof to serve non-intoxicating
malt liquors in a separate room of such restaurant to banquest or dinners at
which are present not less than 6 persons.
Paragraph (b) of Section 18 of Ordinance T?o. 131 of the Village is
All windows
Section 4. This Ordinance shall be in full force and effect from and after its
passage and publication according to law.
Motion for adoption of Ordinance as read, and waiver of second reading, M~S
seconded by Tupa; and on Rollcall there were four ayes and no nays, as follows:
Bank, aye; Dickson, aye; Fronk, aye; and Tupa, aye; and the Ordinance wa>,adopted.
7
9- 2FhLd ----_ &duillage Clerkd I.1ayor Fro Tem
MECHANICAL AMUSE!E"r DEV IGES-ORD INANCE L ICENS ING
licensing of "pony rides" and other Iciddy rides.
report to Council.
Di s cu s s ion had on po s s i bl e
hIanager asked to bring further
There being no further business, Dickson
Keeting adjourned at 9:lO P.k