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HomeMy WebLinkAbout19580623_regular179 6/23/58 MIhKJTES OF THE REGULAR MEETING OF THE EDINA VILLAGE COUNCIL, HELD MONDAY, JUNE 23, 1958, AT ROO P.M., AT THE EDINA VILLAGE HALL Members answering Rollcall were Bank, Dickson, Kohler, Tupa and Bredesen. PUBLIC HEARINGS ON PROPOSED IMPROVEMENTS : VIEW TERRACE AREA, and the HEARING, CALLED ON COUNCIL'S OWN MOTION, ON PROPOSED CURB AND GUTTER AND BLACKTOPPING 114 WEST 60TH STREET; the proposed Curb and Gutter to be constructed from Kellogg Avenue to Oaklawn Avenue, and the proposed Blacktop being constructed from Wooddale Avenue to Oaklawn Avenue. of "Notice of Hearing", published in Edina-Morningside Courier June 12 and 19, 1958, was presented, approved as to form, and ordered placed on file--this being for the Curb and Gutter-Blacktopping Hearing. Manager Hyde, in explaining relative costs, stated that the Hearing on Curb and Gutter-Blacktopping has been called pursuant to a suggestion made from the audience at the Storm sewer Hearing on May 26, that W.6Oth Street from Wooddale to Kellogg Avenue, could handle drainage run-Off as well without a storm sewer as with a storm sewer, providing this street could be curb-and- guttered and blacktopped, and that the cost of this construction would be less expensive. Construction Cost of Underground Storm Sewer from Wooddale to Oaklawn Avenue is estimated to be $5,260.00. between Wooddale and Oaklawn Avenues is $2,783.00; Additional and oversize catch basins necessary to take the water from the blacktopped streets, $l,OOO.OO; Curb and Gutter from Kellogg Avenue to Oaklawn Avenue, $1,419.00; Totalling $5,202.00. He also informed the council that Curb and Gutter has already been installed between Wooddale and Kellogg on Vi.6Oth Street, at the expense of the abutting properties, on an assessment of $1,632.00, or $3.08 per Assessable Foot. Manager Hyde, explaining that substitttion of Curb and Gutter-Blacktop on W.6Oth Street from VJooddale to Oaklawn, for a proposed underground storm sewer, benefits properties abutting W.60th Street a great deal more than it benefits non-abutting properties, recommended that the full cost of the proposed curb and gutter be assessed against abutting properties, and that 1/2 the cost of the Blacktopping be so assessed; that the balance of the Blacktopping be considered a part of the storm sewer roject and assessed against the entire drainage area, with the Village paying 13 P of the assessable storm sewer project. Costs on this basis would be $39,250 Total Assessable, less 1/3 Village-Share, $13,345; or a Net Assessment to the drainage district outside Pamela Park, $25,905.00, as against 1,185,951 square feet, for $.0218 per square foot for the Storm Sewer. For Curb and Gutter and Blacktopping on W.6Oth Street, abutting properties would be assessed $3.08 per assessable foot for the Curb and Gutter; $1.50 per assessable foot for the Blacktopping, 1. Answer was that, although abutting properties benefit to a greater extent than the drainage district by construction of blacktopping along \V*60th Street, the Blacktopping is also being used to conduct the water to the catch basins. 2. Mr. Erick Bjorkman,5825 Brookview, who maintained that Brookview's troubles stemmed from the street grade, asked why builders are allowed to build so high from the street. so long as the dwelling is above street grade. 3. W.58th and W.59th Street could not solve their own problem by constructing their own, one-block storm sewer. He was informed that such a plan would be as expensive, if not more so9 to the limited drainage area served, than the plan proposed tonight, 4. Question raised as to why sewer cannot go directly into park from IM.6Oth Street. Mr. Brauer explained that this method would be more expensive than present plan, and that it would not solve the Brookview problem; that the cost of supporting a paved ditch, and of paving ditch for 1100 feet would be practically prohibitive. 5. Another qubstion was asked concerning feasibility of running water to the South from !'/.60th Street, and Mr. Brauer answered that because of the hill and the length of the run he believes this would be equally expensive, and that, once again, it would not solve the problem on Brookview between 58th and 59th Streets. At this time, being 7:30 PeM., the Storm Sewer Hearing and the Qurb and Gutter-Blacktopping Hearings were recessed for ten minutes for action on bids on $970,000 Improvement Bonds, as hereinafter recorded in these Minutes. 6. Upon resumption of Public Hearings, the question was asked as to whether the swamp is sufficiently low to take the water; and Mr. Brauer explained that water will stand in the drainage pipe, probably back as far as Brookview Avenue; that the line has been designed for a "10-year storm", which is not the ultimate design but which has proved sufficiently large to provide for run-off in all but the most severe rains. including the Blacktopping of W.6Oth Street between Wooddale and Oaklavrn Avenues, with 1/2 Cost of said Blacktopping to be assessed against the Drainage District Mayor Bredesen announced the CONTINUATION OF THE AMY 26TH HEARING ON PROPOSED STORNI SEWER FOR FAIRFAX-VALLEY Affidavit of Publication Estimate made, pursuant to this suggestion is as follows: Construction Cost of Blacktopping W.60th Street I Many questions were asked about the storm sewer project: Why should drainage area pay any portion of ~.60th Street Blacktopping? Answer was that the Village has no control over the grade Another Brookview Avenue resident asked why the people on Brookview between At this time Trustee Bank offered a Resolution Ordering Storm Sewer Improvemenk 6/23/53 as the Drainage District's benefited portion of said Blacktopping Improvement; the ?rillage to bear 1/3 of the cost of said proposed Storm Sewer Improvement, with the balance to be assessed against privately owed properties; and Ordering Curb and Gutter and Blacktopping Improvement in 1~~60th Street--Curb and Gutter between 1:ellogg and Oaklawn Avenues, and Blacktopping between 1:'ooddale and Kellogg Avenues j the Total Cost of the Curb and Gutter, and 1/2 the cost of the Blacktopping to be assessed against properties abutting yi.60th Street. the owners of properties abutting V1.60th Street. to the Drainage District's paying for any share of the Blacktopping improvement. However, it via; deteimined that he owned no property abutting VI.6Oth Street. portion of either Curb and Gutter of Blacktopping costs. He maintained that installation of both improvements is merely to correct a "run-off" problem. He stated that he does not consider curb and gutter on ~~~60th Street necessary; that he doesn't want it; that his property is now worth all he could ever possibly get for it in a sale. The obvious improvement to Mr* Uil1iams1 property resulting from curb and gutter and blacktopping of ~h60th Street was pointed out to him, but he disagreed that he, and the owners of the property abutting 1'].60th Street, would benefit any more than any others in the drainage district from these improvements. Council construct underground storm sewer fromYlooddale Avenue to Oaklavrn Avenue and assess over entire drainage area, as originally planned; or, 2. That construction of curb and gutter and blacktopping be assessed over entire drainage area. Drainage District Payment for the curb and Gutter and Blacktopping on'J.60th Street; and the vote was overwhelmingly against this method. blacktopping to be assessed against abutting properties; and on first vote, two for this method and six against; then, on second request for vote, there were six for this method and six against it. and Kohler offered the following Resolution and moved its adoption: Mayor Bredesen asked for expression of opinion on !:E. Bank's Resolutions, from Llr. Hurley, 5832 Oaklam, objected Mr. Jack Uilliams, 6001 Kellogg Avenue, objected heatedly against paying any I' He suggested that either - 1. Trustee Eohler asked for an expression of opinion from the audience as to He then asked for audience expression on paying for curb and gutter, with Ellost people did not vote. Trustee Bank then withdrew his motion for Resolution Ordering improvements, RESOLUTION ORDERIKG I!.?PROVJ3.4EtST ST0FG.I SEVJER ILIPROVEI.~ENT KO. 42 BE IT RESOLVED by the Council of the Village of Edina, Minnesota, that this Council heretofore caused notices of hearing to be duly published on the following proposed improvements : 1. CONSTRUCTIOIJ OF VILLAGE STOW.1 SENER AND APPURTEbLWCES Commencing at a point 33 feet, more or less, Nest and 10 feet more or less, South of the intersection of the.centerline of West 60th Street and 'Jooddale Avenue; thence Easterly along a line parallel to and 10 feet south of the centerline of1'1.60th Street, to a point 35 feet, more or less, East of the centerline of Oaklawn Avenue; thence Northeasterly to a point 160 feet, more or lessS East of the centerline of ~~~59th St.; thence IIortheasterly to a point 10 feet South and 10 feet East, more or less, of the intersection of the centerline of :;'est 59th Street and Brookview Avenue; thence tIortherly on a line parallel to and 13 feet, more or less, lrlest of the centerline of Brookview Avenue, to a point 128 feet, more or less, South of the centerline of 1;'.58th Street; thence Easterly, parallel to the centerline of Nest 58th street, 150 feet, more or less, to the Outlet. and Oaklawn Avenues and at the hearings held at the time and place specified 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 proposed STORki SE!EX IKPLOVEMEPT as folloas: By elimination of proposed underground construction in N.GOth Street between flooddale .and Oaklawn Avenues, and substitution for said underground construction * the present Concrete Curb and Gutter in Yi.6Oth Street between I'looddale and Kellogg Avenues and construction of Concrete curb and Gutter in VJ.60th Street between Kellogg and Oaklawn Avenues and constkuction of additional 'and oversize catch basins in the intersection of Oaklawn Avenue and Hest 60th Street; and construction of underground storm sewer and apphrtenances beginning at Oaklaan Avenue and Y1.60th Street; thence East to a point 35 feet, more or less, East of the centerline of Oaklawn Avenue; thence'I4ortheasterly to a point 160 feet, more or less, East of the centerline of E.59th Street; thence Northeasterly to a point 10 feet South and 10 feet East, more-or less, of the intersection of li!.59th Street and Brookview Avenue; thence Northerly on a line parallel to and 13 feet more or less, I'Jest of the centerline of Brookview Avenue, to a point 128 feet, more or less, south of the centerline of VJ.58th Street; thence Easterly, parallel to the centerline of U.58th Street, 150 feet, more or less, to the Outlet; that said improvement is hereby designated and shall be referred to in all subsequent proceedings as STORM SEUER IMPROVEhIEI4T KO. 42; and the area to be specially assessed for 2/3 of the cost of said proposed improvement includes the following Lots and Tracts of Land: 2. CO;!STRUCTIO:! OF VILLAGE CURB kI!D GUTTER in 1;'.60th Street between Kellogg . * I 6/23/58 FAIRFAX ADDIT ION : Block 1 - Lots 13 to 24 inclusive. Block 2 - Lots 1 to 24 inclusive. Block 3 - Lots 1 to 24 inclusive. Block 12 - Lots 1 to 12 inclusive. Block 13 - Lots 1 to 24 inclusive. Block 14 - Lots 1 to 24 inclusive. Block 15 - Lots 23 and 24. Block 18 - Lots 13, 14 and 15. Block 19 - Lots 1 to 24 inclusive. Block 20 - Lots 1 to 24 inclusive. Block 21 - Lots 1 to 8 inclusive, and Lots 12 to 16 inclusive. Block 22 - Lots 1 to 8 inclusive, and Lots 15 to 22 inclusive. Block 23 - Lots 19 to 24 inclusive. Block 1 - Lots 1 to 6 inclusive. VALLEY VIEW TERRACE BE IT FURTHER RESOLVED that the Village of Edina shall bear 1/3 of,the cost of said proposed improvement, and that Lots 13 to 22 inclusive, Block 15 and Lots 16 to 24 inclusive, Block 18, Fairfax Addition, owned by the Village, shall not be specially assessed for.any portion of the cost of said proposed improvement. Motion for adoption of the Resolution was seconded by Tupa. Question was raised, from the audience, as to the propriety of including the area directly West of the presently proposed drainage district. that this area is in another drainage district. Answer was r, aye; Tupa, aye; and Bredesen, ay And Kohler offered the following Resolution and moved its adoption: RESOLUTIOM ORDERING IMPROVEME?JT STREET IMPROVEMENT NO. A-121 BE IT RESOLVED by the Council of the Village of Edina, Minnesota, that this Council heretofore caused notice of hearing to be duly published on the follotv- ing proposed improvement: Oaklawn Avenues and at the hearing held at the time and place specified 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 improvement; that said improvement is hereby designated and shall be referred to in all subsequent proceedings as STREET IMPROVEIIIEUI' NO. A-121, and the area to be specially assessed therefor shall include all lots and tracks of land abutting the street proposed to be improved. BITUMIKOUS SURFACE TREATMEIU of VI. 60th Street between Wooddale and Motion for adoption of Resolution was second were five ayes and no nays, as follows: Ban $970,000 IMPROVEMENT BONDS SOLD. c The Village Clerk presented affidavits of publication of notice of sale of $970,000 Improvement Bonds proposed to be issued for the financing of various sanitary sewer, storm sewer, watermain, grading, curb and gutter, blacktopping and paving improvements. Said affidavits were examined and found satisfactory and directed to be placed on file in the office of the clerk. 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: The Village Clerk reported that three sealed bids had been received in her Premium 6/23/58 182 ;!ame of Bidder Interest Rate or Rates FIRST iJkTIOI!kL BkiX , LI1iJi:EkFOLIS ) 1961-1963, Inc. - 2.00;; FIRST i&YITOIUL BAW3 ST. PAUL ) 1964-1965, Inc. - 2.40:i I:ORTIK?ESTERN 1:ATIOPJAL 3AIX , tIIN1:EAPOLIS ) 1966-1967, Inc. - 2-70;: iuxrsow-:'nLLIAt.is co. , ZIIII::EAPOLIS ) 1968-1969, Inc. - 3.0%; J. IiA DAIN 8 COO, L1IIC:EliFOLIS ) Plus 2.40:; per annum to be expressed PIPER, JAFFRAY 8 HOP'JGOD, KIPXEAPOLIS ) by extra coupon on 970 bonds for ?&WWEILlER-EGAK, 1I.X. , ST. PAUL ) period Sept.l,1958 to March 1,1959 as C4,LD'XL.L F'HILLIF'S CO., ST. PAUL ) follows: Cpn #Bl consisting of 970 HAROLD E. 7;ICOD 8 CO. ST. PAUL ) coupons of $12.00 each, due Carch 1, SHAUGHRESSY & COO , ST. PiUL ) 1958. FIRST EDIIIA 1l'ATIOi!iX, BAiI< , EDIP!A ) Average Ret Interest Rate - 2.813955/ FIRST SOUTHDALE ldATIOi!llL BAPX, EDINA ) 1Jone Iariiti 8 COJ.:P.AIZ, IKC. - I.ERAGER ) 1961-1964, Inc. - 2-40?: R~lERiCAPJ iJ.4TIOIIAL 3.413: OF ST. PAUL ) 1965-1966, Inc. - 2.7@ JURAN & I:OODY IP!C. ) 1967-1969, Inc. - 3.10;: PAINE, YIEBBER, JACKSOT: 8 CURTIS ) E. J. F'RESCOTT 8 COTdPbJdY ) SHEARSOI", HAIXIILL E CO. ) from 9/1/58 to 3/1/59. 12CrnUKL 2 coT:m€%!, 1::c. ) Average ?Jet Interest Rate - 2.967;s :!one Plus separate and additional coupons on all bonds at annual rate of 1.80$ JOHR PJUVEEN G, CO. , IIG. ) 1961-1964, Inc. - 3.00$ MERRILL LYI.:CH,PIERCE,FEPGJER (s, SI.IITH ) 1965-1969, Inc. - 3,4@i B. J. VAN IKGEIJ & CO. , II!Ce ) Average >Jet Interest Rate - 5.2991:; $22.00 DE&! YJITTEFL & CO. 1 ALLAN BLAIR & CO!.?PANY 1 Trustee Tupa introduced the following Resolution and moved its adoption: RESOLUTION A'dARDIKG SALE OF $970,000 IMPROVELIENT BOFIDS BE IT RESOLVED by the Village Council of the Village of Edina, I.linnesota, that in accordance with instructions of this Council notice has been published of the sale of $970,000 negotiable coupon general obligation Improvement Bonds to be dated as of June 1, 1958, 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 14ATIOiJAL BAIJK AND ASSOCIATES of M.IIJIJEAPOLIS, iJIIEESOTA, and associates named therein, to purchase said bonds at a price of par and accrued interest, plus a premium of $-0-, the bonds maturing in the years set forth beloi.1 to bear interest at the respective rates per annum set forth opposite said maturity years: Llaturity Years Interest Rates 1964-1965, Inc. 2.4%; 1966-1967, Inc. 2.70;: 1966-1969, Inc. 3.0Q5 Plus 2.4q: per annum to be expressed by extra coupon on 970 bonds Tor period September 1, 1958 to :.larch 1, 1959 as follows: Cpn #Bl consisting of 970 coupons of $12.00 each, due March 1, 1959. 1961-1963, Inc. 2.00;i 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. i.1otion €or the adoption of the foregoing resolution was duly seconded by Trustee Dickson, and on Rollcall there were and 110 Nays, as follows: Bank, aye; DiCkSOn, aye; Kohler, aye; Tupa, said Resolution vas declared duly passed an D And Trustee Tupa introduced the following Resolution and moved its adoption: RESOLUTIOH kUTHORIZIXG THE ISSUWCE OF Il.IPFiOVEt!?Ei~IT BOI?DS OF 1958 , PAYABLE FR0I.I THE i~~~PROVE~.iEHT BOND REDEtQPTION FU1:D BE IT RESOLVED by the Council of the Village of Edina, Hinnesota, as 6/23/58 ., 183 1. It is hereby found, determined and declared that the Village has"* heretofore ordered, in accordance with the provisions of Minnesota Statutes, Chapter 429 and after public hearing as required by law, the construction of various sanitary sewer, storm sewer, watermain, grading, curb and gutter, blacktopping and paving improvements as more fully described below, and has duly ordered, received and approved plans and specifications and entered into contracts for the construction of said improvements after proper advertisement for bids; that the total benefits resulting from each of said improvements to the properties within the area proposed to be assessed therefor, as heretofore defined, will be not less than the cost of such improvement; that it is contem- plated that the total amount of said cost will be assessed against those lots and tracts specially benefited by said improvements, and that such assessments will be made payable in 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 interest I at the rate of five per cent (5%) 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 in 1958 if possible, or if not, in 1959, 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: c Improvements Sanitary Sewer: No. 122 123 124 125 126 134 139 142 143 Storm Sewer: No. 39 41 Watermain : No. 116 117 118 1 24 125 126 127 yatermain and Sanitary Sewer: No. 120 and No. 127 128 140 129 141 Gradins : NO. C-72 c- 73 c- 75 NO. B-49 B-50 B-51 B-52 NO. A-94 ' A-95 A-96 A-97 A-98 - A-99 A-100 A-101 A-102 A-103 A-104 A-105 A- 106 A- 107 A- I. 08 A- 109 Curb and Gutter: Blacktopping : . .* Pavinq : France Avenue - E-2 Estimated Cost $ 14,996.83* 3 , 966.84% 2 755 . 44* 7,752.063(- 34 , 284 . 6 1-x 3 651 24* 9 357.25 97,189 056 76,186.00 $250 , 139 . 83 $ 3,547.8W 1,516.50.ti- 5 064.30 $ 8,330-76* 8 , 683.20% 20,357.64* 6,787.30 15 , 072.50 14,963 20 175,356.60 $ 15,036.00* 153,181.40 62 500.43 $ 9,522.00s 4,561 e 08* 10,699.8W $ 2,342*85 2,739.05 1,645 . 40 2,630.70 $ 4,611.00* 6,251.4W 2,961.60* 4 , 818 e 00% 6,648.00(- 7 , 274.40* 5,961.60s- 3 , 460.80:'. 2,556.30s 3 , 83 1 OO$C 5 , 290.80* 2,912.50 2,365.00 1,447.50 5,975 . 4w 29 243 7W $130 000 249,551.20 230,717.83 24,782.88 \ 9,358.00 68,609.00 130,000.00 ' $968 223 . 04 Oth'er Costs Total Cost 1 , 776.96 $970,000.00 6/23/58 184 that of the improvements hereinbefore listed, those marked with an asterisk, aggregating $261,545.80 in estimated total cost, are among the improvements listed in paragraph 1 of the resolution adopted Dacember 30, 1957, entitled "Resolution Authorizing the Sale and Delivery of $600,000 Temporary Improvement Bonds, Series A"; that the proceeds of the Temporary Improvement Bonds authorized in said resolution are not sufficient for the payment of the entire cost of said improve- ments, and it is deemed advisable, necessary and expedient that said improvements, as well as the additional improvements above listed, be financed on a permanent basis by the issuance of improvement bonds in accordance with said Chapter 429 and Ordinance No. 14 of the village of Edina, adopted August 31, 1955, payable from the Improvement Bond Redemption Fund created by said ordinance; that it is necessary and expedient for the Village to borrow at this time the aggregate sum of $970,000 for the purpose of paying the expenses incurred and to be incurred in connection with said improvements, by the issuance of such bonds, vhich shall be designated as the Improvement Bonds of 1958; 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 IJinnesota 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. . each of the improvements above listed which are to be financed by the iswe of bonds herein authorized. shall be credited to said respective improvement funds in amounts equal to the cost of each of said improvements 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 expenses of the making thereof, as such expenses are incurred and allowed, provided that (1) there shall be transferred from the fund of each improvement do the Improvement Bond Redemption Fund of the Village an amount equal to in- terest computed at five per cent (5%) per annum on the cost of such improvement from the date of issue of the bonds herein authorized to the date upon vhich the assessment roll for such improvement shall be finally confirmed, and (2) upon completion of each of said improvements any unexpended portion of the bond proceeds still held in the fund thereof may be transferred to the fund of any other improvement financed by bonds issued hereunder, or may, if directed by the Council, be transferred to the fund of any other improvement to be financed by the issuance of bonds under Minnesota Statutes, Chapter 429, and (3) upon completion of all of said improvements any unexpended balance in the funds thereof shall be transferred to the Improvement Bond Redemption Fund. as soon as may be upon completion of each of the improvements financed by this issue, all acts and things necessary for the final and valid levy of special assessments upon properties within the area heretofore designated to be assessed for such improvements, in an aggregate amount equal to the total cost of such improvement as the same shall finally be ascertained, less the sum of $80,000 of the cost of the paying of France Avenue, designated above as E-2. 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 pro- ceeding 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 assessment 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 biding lien upon said property. For the purpose of producing, with the estimated collections of said special assessments and the capitalized interest appropriated from the funds of said improvements in paragraph 2 $ereof, sums not less than 5% in excess of the amounts needed to pay the principal and interest when due on the bonds herein authorized, thereis hereby levied and appropriated to the Improvement Bond Redemption Fund a direct, annual, ad valorem tax which shall be spread upon the tax rolls of the Village for the years and in the amounts as follows, and collected in the respective ensuing years: \. 2. There has heretofore been created a separate improvement fund for The proceeds of sale of said bonds, when received, 3, The Village hereby covenants and agrees that it will do and perform, In the event Year Amount Year Amount - 1958 $ 8,800 1963 $10,200 1964 10 , 400 1959 9 , 200 1960 9,600 1965 10,600 1961 9,800 1966 10,800 1962 10,000 1967 11 , 000 Said tax shall be irrepealable except to the extent and in the manner provided in Minnesota Statutes 1957, Section 475.61. Village shall be and is hereby irrevocably pledged for the prompt and full pay- ment 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 vhen due, the Village further covenants and agrees to provide sufficient moneys to restore such deficiency as provided in said Ordinance No. 14. The full faith and credit of the 185 6/23/58 4. For the purpose of paying the costs of said improvements and in anticipation of the collections of said special assessments and taxes, the Villagdi shall forthwith issue its negotiable coupon general obligation Improvement Bonds of 1958, to be dated as of June 1, 1958. Said bonds shall be 970 in number and numbered from 1 to 970, inclusive, each in the denomination of $1,000, and shall mature serially on March 1 in the amount of $100,000 in each of the years 1961 through 1966, $120,000 in 1967 and $125,000 in each of the years 1968 and 1969, 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 March or the first day of September immediately preceding their respective stated maturity dates. Not less than 30 days prior to the date specified for the redemption of any of said bonds the village Treasurer shall mail 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 of prepayable bonds, so far as such information is made available to him, for the purpose of mailing such notices. issue maturing in the years and bearing the respective serial numbers set forth below shall bear interest at the respective annual rates set forth opposite said maturity years and serial numbers, from date of issue until paid: The bonds of said I Maturity Years Serial Nos. Interest Rates 1961 1 to 100, inc. 2.007L 1962 101 to 200, inc. 2.00si: 1963 201 to 300, inc. 2. OWA 1964 301 to 400, inc. 2 . 4096 1965 401 to 500, inc. 2.4PA 1966 501 to 600, inc. 2.70% 1967 601 to 720, inc. 2 . 7076 1969 846 to 970, inc. 3.00% 1968 721 to 845, inc. 3 . 007.; Each and all of said bonds shall also bear additional interest at the rate of 2.4@? per annum from September 1, 1958 to March 1, 1959, represented by a separate set of interest coupons designated as "B" coupons. The interest on said bonds shall be payable March 1, 1959, and seminannually thereafter on September 1 and March 1 in each year. payable at FIRST NATIONAL BANK in AUNfEAPOLIS, MINNESOTA, and the Village hereby agrees to pay the reasonable and customary charges of said paying agent for the receipt and disbursement thereof. shall be in substantially the following form: Both principal and interest shall be 5. Said improvement bonds and the interest coupons appurtenant thereto UNITED STATES OF AMERICA STATE OF MINNESOTA COUNTY OF HENNEPIN VILLAGE OF EDINA IMPROVEMENT BOND OF 1958 No. $1 , 000 KNOW ALL MEN BY THESE PRESENTS that the Village of Edina, a duly organized and existing municipal corporation of the County of Hennepin, State of Minnesota, acknowledges itself to be indebted and for value received prom- ises to pay to bearer the sum of ONE THOUSAND DOLLARS on the 1st day of March, 19-, 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 per cent ( 74) per annum from the date hereof until said principal sum be paid, or until this bond hag been duly called for redemption, plus additional interest at the rate of (. $) per annum from Y 19- to , 19-, such interest being payable March 1, 1959, and semiannually thereafter on September 1 and March 1 of each year, and interest to maturity being represented by and payable in accordance with and upon presentation and surrender of the interest coupons appurtenant hereto, which are in two sets, one representing interest at the basic rate above set forth from the date of issue to the maturity hereof and the other set, designated as rlB'r coupons, representing interest at the addi- tional rate for the period above set forth. Both principal and interest are payable at in of America which on the respective dates of payment is,legal tender for public and private debts. terest as the same respectively become due the full faith, credit and taxing powers of the Village axe hereby irrebocably pledged. , in any coin or currency of Yne United States For the prompt and full payment of such principal and in- 186 6/23/58 Tnis bond is one of an issue in the aggregate principal amount of $970,000, all or" like date and tenor escept as to serial numbsr, interest rate and maturity, all issued for the purpose of degraying expenses incurred and to be incurred in constructing necessary local improvements heretofore duly ordered and contracted to be made in accordance with the provisions of Minnesota Statutes, Chapter 429, and is issued pursuant to and in full con- formity with the Constitution and laws of the State of biinnesota 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 rhich fund there have been irrevocably appropriated the taxes levied and special assessments to be levied in respect of the improve- ments 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 assessments collected at any time are insufficient 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 September or the 1st day of March immediately preceding their respective stated maturity dates. 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 dnich principal and interest are then payable. Holders of pre- payable bonds desiring to receive such notice may register their names and addresses and the serial numbers of their bonds with the Village Treasurer. IT IS HEREBY CERTIFIED, RECITED, COVEPIANTED AKD 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 pre- liminary to and in the issuance of this bond in order to make it a valid and binding general obligation of said Village according to its terms have been done, do exist, have happened and have been performed as so required; that the estimated collections of said special assessments and taxes uill 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 vinen due of the prin- cipal and interest on all bonds of this issue; that additional 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 XTNESS 'JHEREOF 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 !.layor and the manual signature of the Village Manager, and sealed with its official seal, and the interest coupons appurten- ant hereto to be executed and authenticated by the facsimile signatures of said officers, and has caused this bond to be dated as of June 1, 1958. (Facsimile signature) May or Countersigned: Village Manager (SEAL) (Form of Coupon) 1\J o 0 $ On the 1st day of I.larch (September) , 19-, the Village of Edina, Hennepin County, Liinnesota, will pay to bearer at , in Y the sum of DOLLARS lawful money of the United States of America for interest then due on its Improvement Bond of 1958, dated June 1, 1958, No. . (Facsimile signature) Village Eanager (Facsimile signature) Nay or 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 LIayor, countersigned by the manual signature of the Village Manager, and the corporate seal shall be affixed thereto, and the interest coupons shall be 187 6/23/55 executed and authenticated by the printed, engraved or lithographed facsimile signatures of said Mayor and Village Manager. 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. 7. The Village Clerk is hereby authorized and directed to transmit a certified copy of this resolution to the County Auditor of Hennepin County for certification that the bonds herein authorized have been duly registered, and that the tax required by law for the payment of said bonds has been duly levied. 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 copies9 certificates and affidavits, including any heretofore furnished, shall be deemed representations of the village as to the facts recited therein. When said bonds have 8. The motion for the adoption of the foregoing resolution was duly seconded by Trustee Dickson, and on rollcall, there were Five ayes and IJo Hays, as follows: Bank, aye; Dickson, aye; Bredesen, aye j whereupon said resolution wa CONTINUATION OF MAY 26TH HEARINGS ON: 1. SANITARY SEWER IN DIVISION STREET FROM VARDERVORK AVENUE TO OXFORD AVEIJUE: OlCFORD AVENUE FROM DIVISION ST. TO 290 FT. SOUTH OF W.51ST STREET: INTERLACHEN BLVD. FROM BEDFORD AVE. TO 125 FT. VJEST OF OXFORD AVENUE. 2. SANITARY SWER IN INTERLACHEN BLVD. FROM SKYLINE DRIVE TO 400 FT. EAST . AND MEVixING OM SANITARY SEWER, AND LIFT STATION, FOR OXFORD AVENUE FROM HOLLYWOOD ROAD TO 290 FT. SOUTH OF V?.51ST ST.: AND IN INTERLACHEN BLVD. FROM Review was had of May 26th Hearings, at which suggestion had been made that, since most objections to proposed Project No. 1 (as set forth above) had come from owners of properties North of Interlachen, an Estimate of Cost be made for service to smaller area, with Lift Station. Estimates made for Projects No. 1 and No. 2 above, being $1,021.24 per Lot, and $1,171.84 per Lot, respectively; both these projects being estimated on "gravity flow" construction. He stated that construction of a project as outlined for the new hearing this evening would cost some $1,588 per lot because of cost of high priced lift station. project would eliminate all lots North of East-\vest Hollywood Road, also eliminating the Hansen property immediately East of Skyline Drive but serving the other Interlachen properties which want sewer, between Skyline Drive and Oxford Avenue--this proposed Interlachen sewer flowing East to Oxford Avenue, rather than West to Skyline Drive as originally planned. A third alternate, including all property originally included in Project 1, plus all the Interlachen property but the Hansen property, without lift station but lowering the line sufficiently to serve the Interlachen property by gravity, would bring the cost to $1,082.87 per lot for all properties benefited. Audience was divided in its reaction to the proposed Alternates. Mr. Morris Hansen, 5419 Interlachen Blvd., repeated his May 26th objections against a sewer abutting his property. He explained he has lived on this property for 50 years without a sewer., he doesn't need one, doesn't want one, will not subdivide his property, and does not wish to be assessed for sewer. F4rs. L.B. Smith, 5404 Interlachen Blvd., pleaded that some disposition be made of the Interlachen portion of the sewer, whether or not the balance of the project is approved, in order that Interlachen Blvd. might be repaired. She was informed that, if the Oxford Avenue sewer is ordered in Interlachen properties would be best served by the line running to Oxford, at $1,082 per lot; that the line can be run West to Skyline at $1171 per lot. Mk. Puelston, at 5344 Interlachen, speaking for himself and Mr. Flesch, 5340 Interlachen, stated that while he and his neighbor do not need sewer now, they realize that it must eventually come and consequently will not object to it; but that they both do strenuously object to paying any extra cost for a lift station-- that they favor the $1,082 Albernate. Mr. Frank J. Warner, 5400 Interlachen Blvd-, also spoke in favor of this Alternate. 400 FT. WEST OF OXFORD AVENUE TO 276 FT. EAST OF OXFORD AVENUE. Manager Hyde reviewed It was noted that the new 6/23/58 objected to paying extra cost of lift station, and was reminded that he had stated he would not mind paying some extra cost if Kr. Hansen could be saved from being served. f.k. Frank Lanick, 4544 Oxford Avenue, explaining that he had asked for seaer several years ago, without result, objected to it, now, because of cesspool adequate for his needs. Llessrs. A. V?. Anderson, 4537 Oxford, and A.H. Score, 4448 Vandervork, stated that the sewer is neither needed nor wanted, PJorth of Interlachen Blvd. explained that everybody on and around Hollywood Road has large lots, with ~ adequate cesspools and drainfields, and has no need for sewer. Mr. Paske, 4545 Oxford, stated that all of the property owners North of Hollywood Road object to the sevGer; that they wish the Council to consider sewer for only that part South of Interlachen Blvd. the sewer petition, stated that the additional cost of the lift station makes cost of service too high. inasmuch as the people North of Interlachen Blvd. do not want the sewer and the people South of Interlachen & want it, he believes it is unfair to ask those North to invest $1,000 to accommodate those South, whereas, by an additional investment of $588 per lot those who do want service could obtain it without expense to those who do not. One gentleman from the 5100 Block on Oxford stated he feels the high price is out of order for his block, because this block is high and can drain either East to Bedford or West to Skyline Drive, without the deep line needed for the intersection of Interlachen and Oxford. l.k. Schmiti then inquired as to whether the cost of the proposed "deep cut" cut be pro-rated, in order that the properties South of Interlachen bear more per lot than those North, which could be served without said deep cut. ten minutes €or Council consideration of the various arguments entered here this evening. to crown the Edina Queen, He told the audience that the plan is to postpone Hearings to the nest regular meeting; that the general thinking of the Council is that those properties North of Interlachen Blvd. should bear a cost of the entire project proportionate tb'the cost they nould bear if they were the only area desiring sewer; that the cost to people South of Interlachen will be greater :L - . ' . vhiether they be served by a deep cut or by a lift station and that, therefore, these properties should bear a higher proportionate share of the total cost than those North of Interlachen. be settled immediately, requested that this portion of the project be constructed to drain to Skyline--anything to get Interlachen in shape for travel. 3lvd.-Oxford Avenue area be continued to July 14. and carried. 286 Lk. Posthumus, 5405 Interlachen, spoke in favor of sewer at lowest price. He c fdr. Schmitt, 4528 Oxford Avenue, Mer. Pagelkpps, 5033 Oxford, sponsor of Mr. Jurgenson, 4500 Oxford Avenue, stated that At this time, by common consent of council, Hearing was recessed for Immediately after recess of meeting, Mayor Bredesen was ewused, MI. Bank presided for the balance of the meeting. Liis. Smith, asking once again that Interlachen Blvd. portion Dickson moved that Public Hearings €or Sanitary Sewer in Interlachen Idotion seconded by Tupa COISTIIJUATION OF LEY 26TH HEARIKG ON PROPOSED YJATEl?J.IAIIU' Ii4 OXFORD AVEIJUE FROM 1I.STERLACHEX BLVD. TO 330' SOUTH OF W.51ST STREET. Inasmuch as the Sanitary Sewer problem had not yet been settled, Tupa moved that Hearing on proposed watermain also be continued to July 14. Notion seconded by Kohler and carried. PUBLIC HEMING ON PROPOSED REZOI'JIIG FROM OPEt4 DEVELOPMEr!T DISTRICT TO COLiiJERCIAL DISTRICT, AT; AXEA SOUTH OF 'J.70TII STREET AMD NEST OF XIl&S RAILROAD TRACKS. Affidavit of Publication of "Hotice of Hearing", published in Edina-Xorningside Courier June 12 and 19, 1958, and Affidavit of ?.!ailing of notices to owners of all properties within 500 feet of property proposed to be rezoned, were sub- mitted, approved as to form and ordered placed on file. Mr. ylalter E. Boyd, petitioner, vas present and submitted his proposal, it being for the rezoning of this property for a district office-area garage-distribution point building for Horthwestern Eel1 Telephone Company. dedicate seven feet of the property abutting VJ.70th Street, for the evenutal widening of the street, and will also dedicate a street to the South, running through the property. He said the proposed building will be 60x200 feet and will be of either brick and blocks or stone and blocks; that there will be no outside storage or materials; that small trucks and cars dispatched from the building will go out FI in the morning and return in late afternoon. Planning CommisSion's recommendation in favor, although not unanimous, was reviewed. Trustee Kohler inquired as to traffic pattern on W.70th Street; was told that the proposed entrance will be some 400 feet \Vest of the bridge, thus eliminating danger. addition of trucks and cars on ~.7Oth Street, claiming that the Northern States Power Company building has already added too many for comfort. There were no other objections registered at the Hearing, and none had been received prior thereto. Trustee Kohler, stating that he feels that the proposed plan is good land useage, stated he wants to be sure that the Village can control the property immediately Uest of the tracks. explained that only one building can be issued on this tract unless the tract is subdivided; that if undesirable use is planned for the East portion of the tract this portion can be rezoned back to Open DeVeloprsIent District. ILr. Boyd stated that owners ail1 Hrs. Schmelz, 5416 W.70th Street, objected to the Planning Director Swanson VJiih the understanding that the Ordinance he proposed for adoption was to rezone the tract to Tommercial District" for the express useage of a Telephone company 6/23/58 889 Building, Tupa offered the following Ordinance, moving that Council waive second :f reading thereof and adopt Ordinance as read: ORDINANCE NO. 261-30 OF EDINA BY ESTABLISHING ADDITIONAL AN ORDII\IANCE AMENDING THE ZONING ORDINAPJCE COMMERCIAL DISTRICT THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, WINlJESOTA, ORDAINS : Section 1. ordinances of the Village of Edina, as amended, is hereby further amended by adding at the end of paragraph 1 of said Section 6 an,'additional sub-paragraph as follows: Section 6, Commercial District of Ordinance No. 261 of the revised (9) 116, Range 21, described as follows: 'Beginning at a point on the Southerly line of West 70th Street at a distance of 440' East of the west line of said NE1/4 of NE1/4 measured at a right angle to said Westerly line of said I\IE1/4 of the NE1/4; thence South and parallel to said westerly line, a distance of 385' more or less, to a line parallel with and 594' South of Northerly line of said NE1/4 of the NE1/4; thence Easterly along said line a distance of approximately 257' more or less, to the Westerly line of the tIJ&S Railway right-of- way; thence Northerly along said right-of-way line to a point of intersection with the Southerly right-0.f-way line of West 70th Street j thence Westerly along the southerly boundary line of West 70th Street, a distance of 300' to point of beginning."' "All of that part of the NE1/4 of the ME1/4 of Section 8, Twp. Section 2. publica ti on. This ordinance shall be in effect immediately upon its passage and Motion for adoption of Ordinance as read, and for waiver of second reading, was seconded by Kohler, and on Rollcall there were four ayes and no nays, as follows: Dickson, aye; Kohler, aye; mpa, aye; and Bank, aye; and the Ordinance was adopted. ATTEST : PUBLIC HEARING ON PROPOSED REZONING FROM OPEN DEVELOPMENT TO COIv\ITUDJITY STORE DISTRICT, AN AREk ABUTTII\IG CAHILL ROAD ON THE EAST, BEGINNIb!G SOME 200 FEET SOUTH OF W. 70TH STREET AND RUNNING SOUTH APPROXIMATELY 360 FEET. of Publication, and of Mailing, of "Notice of Hearing" were submitted, reviewed and ordered placed on file. Manager Hyde explained that the property proposed to be rezoned, here, is a tract, excluding the School District Property on the corner, but immediately adjacent to the property hereinbefore rezoned to Commercial District, and lying between the new Commercial District and Cahill Road; that this Hearing had been called at the Council's own motion, the Council feeling that "Community Store" useage is good useage for this tract in view of the new residential development to the West and the North of the tract--Valley Vista, The Heights, Chapel Hills, proposal for new school, and plans for several new churches; that, by zoning now, future zoning problems can be largely eliminated. h"rs. John Cameron, 5432 i!J.70th Street, wife of the proprietor of Cahill Grocery, objected that the area needs no further community store district. She cited the 50th and France business district and Southdale Shopping Center, saying she believes they are sufficient to serve the community. Idrs. Cameron stated that even by working 13 hours a day seven days a week she and her husband find it difficult to earn a living in their grocery. Mra Amundson, whose property is under consideration for rezoning, stated that there is no intention of selling the land for some time; that this is his mother's home and she wishes to continue to live in it. However, hks. Cameron replied that as soon as the property is rezoned, "1'11 wake up some morning and find a grocery store on it". Trustee Tupa suggested that perhaps the plan had not been given sufficient consideration, and moved that proposed zoning be tabled. Motion seconded by Dickson and carried. Affidavits PUBLIC HEARIUG or( PROPOSED VACATION OF IXIIVNIPIG STREET FROI~ SHERYJOOD ROAD EAST. Affidavit of Publication of "Notice of Hearing" in Edina-Morningside Courier on June 5 and 129 1958, and of Posting said Notice on June 4, were approved as to form and ordered placed on file. Mr. Hyde explained that this action is taken at the request of the Park Board, in order that a playground can be developed on the Village-owned lots abutting either side of Downing Street, pursuant to a request by the Sherwood Avenue-Richmond Hills area people that park develop- ment be expedited. hh. Hyde informed the Council that, in lieu of Downing Street at its present location, an access road will be provided for the Wanner Addition properties, as per the plan he showed to the Council. and his son, and Mr. Harvey, owners of lots in Manner Addition protested to this plan, asking that road be either diagonnally across park, or at least less curved. ' Dr. Swendseen Tupa moved that matter be referred to Planning Commission for its recommendation, and that Hearing be Postponed to July 26. Motion seconded by Kohler and carried. 6/23/56 PUBLIC HEARIKG 01; PFTITIOi: TO FACE D.'JELLIEG "LONG Y!AY OF LOT" 011 LOT 1, BLOCK 1, HKJE'S ADDITIG!. (6000 Parnell) . 1 ).bo Oscar Haney, developer, presented house plan, explaining that this is an emergency because he has promised to complete Planning Commission would approve. There were no objections registered at the Hearing, and none had been received prior thereto, although Notice of Hearing had been both published in Official Paper and mailed to owners of property within 500 feet of dazlling. Dickson moved that petition be approved subject to approval of Planning Commission; that Mr. Swanson be directed to poll Commission on Tuesday, the 24th, for recommendation. (Note: Poll taken by Mr. stvanson 6/24, Todd, yjilkinson, Gustafson, Hiatt in favor; others could not be reached). 1 home by August 15. Planning Director Svranson stated that he feels sure the LIR. HAROLD ROSENDML - REQUEST FOR RELIEF FROM 1/3 FIIJKCIIZG FOLICY ON SPECIAL I ASSESSIELTS FOR EDIIIk COUNTFiYSIDE. P.k. Rosendahl , developer of "Edina Countryside" , asked for 10-year assessment on Sanitary Sewer and I'latermain utilities in his plat. He explained that he had purchased this property in 1954, and, imrnediately thereafter, had taken steps to get these improvements, but that they were not available €or his property at that time. I.%.. Rosendahl, stating that his problem is "where to get the money" to finance the improvements, stated that the banks will not finance the small developer for such improvements; that if the Council carries out its present policy small developers will be driven out of Edina, and large "project- type" developers will use this policy as invitation to construct large, $12,000 to $15,000-type home developments such as are being built in Crystal, Fridley and Richfield. Also, that in making such large, short-term assessments, the Council is suggesting that builders use properties away from sanitary sewer and water; and that this, in turn, creates the problem of the home owners' having to pay twice for these utilities. !:I. Rosendahl stated he feels it is part of the Village duty to finance utilities, thus promoting building and the placement of additional assessable valuation on the tax rolls. He cited the "South Gardens Estates" promotion, vhich, he stated, would have been an area of project homes had the developer been required to finance utilities under present policy. Rosendahl reported that he is speaking not only for himself, but for several other small developers with vhom he has discussed the matter; that he would like to specifically request that Edina Countryside be placed on the old basis of a 10-year assessment. (ISJote to Council: Preliminary Plat approved by Planning Commission February 1, 1956; by Council, February 13, 1956. Final Plat was presented to Planning Commission, and approval delayed pending dedication of additional 25 feet for street. Final Plat approved by Planning Commission on IJarch 5, 1958; by Council March 10, 1958). TB.WRARY STOK.1 SE'1ER FOR SOUTHDALE FIRST ADDITIOII ( BEX'dlEEII 6925 ANI 6929 SOUTHDALE ROAD) :- PUBLIC HEARIKG SCHEDULED. a petition filed earlier this year, for enlargement of the temporary storm sewer constructed in 1956, between 6925 and 6929 Southdale Road; this being a 12" drain. They explained that the sewer had worked in 1956, but that by 1957, because of . additional building in the area and resultant increased run-off, the drain had proved to be too small. Lir. Crouch stated he feels there are some 87 homes in this "drainage district". to eliminate possibility of basement and street flooding after heavy rain. were informed, honever, that to make an assessment for the project certain procedures must be followed. to some $1,500; and ..Tupa July 14, authorizing advertisement for bids to be taken on July 14, if it be necessary to take bids. Hasselquist later informed the Council that work may be done by Village forces if cost is estimated at less than $5,000. lk. On August 7, 1957, Hr. Glen Crouch spoke for a delegation supporting Delegation asked that construction begin immediately, They Engineer Zikan estimated that the work would come moved, scheduling Public Hearing on project for Motion seconded by Dickson and carried. Attorney SAMITARY SE'IER 1i.PROVEGEXT ORDERED FOR KNOLL DRIVE BET'JEEN BLAKE EOAD AIfD SOUTH KIIOLL DRIVE. the matter of Sanitary Sewer construction in Knoll Drive--the three public hearings held on this project (the last being June 9, 19583, the objections raised during said public hearings, action taken June 9th to abandon the project, receipt of a petition June 16, signed by 8 of 11 affected ovmers, asking for the sewer, and notice mailed to meeting to state their objections to the project, if any. objection to the project; and f'lanager Hyde recommended that the Council reconsider its action taken June 9, order in the proposed improvement, and award contract therefor to the June 9th low bidder, Phelps-Drake Company. following Resolution and moved its adoption: Llanager Hyde reviewed for the Council the proceedings to date on affected property owners asking that they appear at this No one appeared in Dickson offered the RESOLUTIOIJ ORDERIKG IL\PROVEIJEtJT SKIITARY SWER IE.IPROVEME1~ KO. 148 BE IT RESOLVED by the Council of the Village of Edina, IJinnesota, that this Council heretofore caused notice of hearing to be duly published on the proposed COXSTRUCTIOFJ and at the hearing held at the time and place specified 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 improvement; that said improvement is hereby designated and shall be referred OF SAKITARY LATEX S~ER IIJ mxL DRIVE BETWEN BLAKE ROAD MID SOUTH WOLL DRIVE, 6/23/58 to in all. subsequent proceedings as SANITARY SEYER IMPROVEMENT NO. 148; and the area to be specially assessed therefor shall include all lots and tracts of land abutting the street to be improved. Motion for adoption of Resolution was seconded by Kohler, and on Rollcall there ''.a COFITRP,CT AWARDED FOR SANITARY SEUER IMPROVEMENT NO. 148. received June 9, were reviewed, Phelps-Drake Company being low bidder of five, with $5,451.10; second low bidder being Kimmas-Bartelma- with $5,462.20; and third low bidder, Northern Contracting Company, with $6,423.00. recommended that contract for this project be awarded to Phelps-Drake Company, low bidder, and Dickson so moved, Sanitary Sewer bids Manager Motion seconded by Tupa and carried. IMPROVEMENT PETITIONS ACCEPTED. filed, accepted, and ordered scheduled for this summer's work: The following improvement petitions were Oiling - Service Drive ofW.57th St., between York and Xerxes Avenues. Oiling - William Ave. between Interlachen Blvd. and 5236 William Ave. Oiling - W.6Oth St., Tingdale Ave. to Code Ave,, including intersection Oiling - Wooddale Avenue, Belvidere Lane to Dunham Drive. Blacktopping - Grove street, Code Ave. to Tingdale Ave. at Tingdale Ave. by motion Tupa, seconded by Kohler and carried. that this petition carried the special stipulation, "The blacktopping shall be done only if the street is properly graded and the catch basins drain all the water". On questions by the Council, Mr, Zikan reported that this work can be done as requested, and Kohler moved that petition be accepted. Motion seconded by Tupa and carried. Opening - VJ.66th Street between Tingdale Avenue and Naomi Drive. liilrs. Alden reported that this is an "area" petition, rather than the usual type, signed by owners of abutting properties. as to what percentage of abutting properties have signed, by motion Kohler, seconded by Tupa and carried. PUBLIC HEALTH NURSING REPORT FOR MAY was submitted, reviewed, and ordered placed on file. It was noted Petition referred back for check CONDEMP,JATION OF LAND FOR EXTENSION OF 3VV.64TH STREET ACROSS LOT 5, "CASSIM'S OUTLOTS" (KATHERINE PEARCE PROPERTY) AUTHORIZED. the the Village proceed to condemn for bV.64th Street, across the Katherine Manager Hyde recommended Pearce property; and Kohler moved that the village Attorney be authorized and directed to initiate condemnation proceedings for "a strip of land 60 feet Wide, for the extension of w.64th Street West from the East Lot Line of Lot 5, Cassin's Outlots to the west Lot Line of said Lot 5". seconded by Tupa and carried. SOUTHDALE RESIDENTIAL AREA TO BE QUESTIONED REGARDING BLACKTOPPING. inasmuch as they do not need storm sewers; that the petition filed by the developers some years ago is hardly a valid petition at this time because over 5076 of the property has changed hands since filing of petition. suggested that a questionnaire be sent to new owners, seeking their opinions. Suggestion approved, by common consent of Council, Motion Manager . Hyde reported that some streets in Southdale residential area can he blacktopped, He EVERETT GARRISON ORDERED TO REPAIR ALLEY. Everett Garrison hass without Village permission, opened a part of the alley between Spruce Road and Belmore Lane and between Monroe and Madison Avenues. He recommended that Mr. Garrison be ordered to repair this damage at once. Dickson's motion, that Ab. Everett F. Garrison be notified that he is to repair within 10 days, according to plans and specifications prepared by the Village Engineer, that portion of the Village alley in Block 5 of.\qest Minneapolis Heights opened at his direction, and that if the work is not done within 10 days the Village will have the work done and bring civil action against Mr. Garrison for the costs of such work, was seconded by Tupa and carried. Manager Hyde reported that Ab. I SPRUCE ROAR BETWEEN WASHINGTON AND JEFFERSON AVENUES TO BE JOINT EDINA-HOPKINS STREET. Hopkins' request of June 20, 1958, asking that the Edina Village boundary be adjusted Southward to the Centerline of the newly proposed Spruce Road between Washington and Jefferson Avenues, and that a joint-maintenance agreement be made by the two communities, with Hopkins performing the work and Edina paying 1/2 the cost thereof, was presented, with Manager Hyde's recommendation of approval. Request was accompanied by Hopkins' demands to 6/23/58 Superior Separator Company, including the acquisition by the Company of two lots and dedication of said tvio lots to Edina for road purposes; the fencing of the South line of the Superior Separator property, and the planting of a shrubbery screen along the fence; to which demands the Company has agreed. that Hopkins' proposal be accepted, ivas seconded by Kohler and unanimously carried. Tupa's motion, c RE-DEDICATIOTJ OF VILLAGE-B;'INED LliI;D BACK TO ORIGIIJAL, O'JNERS (ROYC.44, T LE .I ) AWHORIZED. Ijanager Hyde submitted the request of Roycar, Inc. for Vacation of the 10-foot utilities easement lying in Lot 1, Block 2, Lake Pamela and in that part of Outlot "D", Lake Pamela immediately adjacent to said Lot 1, and for dedication by the Village to Roycar, Inc. of ten feet of Outlot D, lying immediately East of said Lot 1. Reason for request is that Roycar, Inc. wishes to indrease size of Lots 1 and 2, Block 2, Lake Pamela, from 75 feet to 80 feet each. Llr. Iiyde reported that the Easement is not needed; that the Park Board is agreeable to dedication of the ten feet requested. It was noted that Outlot D had been dedicated to the Village, originally, by these interests and without cost to the Village. Tupa's motion, that utilities easement be vacated, and that the 3lesterly 10 feet of Outlot D, Lake Pamela, abutting Lot 1, Block 2, Lake Pamela, be dedicated to Roycar, Inc., as requested, was seconded by Dickson and carried. DESTRUCTIOi! OF OLD RECORDS PEFAIITTED. Dalen has spent many hours working in the vault, attempting to "make order out of chaos"; that the profusion of old, useless, and never-referred-to correspondence, cancelled checks, vouchers, etc. is filling the vault to the extent that the more recent records cannot be stored; that Izinnesota Statutes 412.841 authorize the destruction of certain village records more than ten years old. that the Council authorize destruction of checks, orders, vouchers, receipts and miscellaneous general correspondence dating Erom December 12, 1888 (date of incorporation of Village by election) to and including December 31, 1947. Kohler offered the following Resolution and moved its adoption: RESOLUTION FOR DESTRUCTION OF RECORDS DATED DECETJBER 12, 1888 TO At!D IRCLUDING X-IEREAS, h1.S.A. 412.841 authorizes the destruction of certain village YJHEREAS, A list of records has been presented to the council with a :'?HEREAS, the Village Attorney has approved the destruction of such i;o;Tf, THEREFORE, E€ IT RESOLVED BY THE VILLI!GE COUFCIL OF EDIW, I . Manager Hyde reported that Finance Director He recornmended DECELIBER 31, 1947 records more than ten years old; and request in writing that destruction be approved by the council; and records in writing; IdI1fi;ESOTA: 1. following classesses of records described in the list submitted to the council: The Finance Director is hereby authorized and directed to destroy the (a) to and including December 31, 1947, both dates inclusive. (b) to and including December 31, 1947, both dates inclusive. A11 orders, vounhers and checks dated from December 12, 1888, All receipts and correspondence dated Erom December 12, 1888, IJotion for adoption of Resolution was seconded by Tupa, and on Rollcall there were four ayes and no nays, as follows: Dicltson, aye; aye; and the Resolution was adopted. -Village Clerk CLAILTS PAID. Islotion by Kohler, for payment of Claims, as per Pre-List dated June 23, as follows, was seconded by Tupa and carried: General Fund 321,274.38 Liquor Fund $25,999.25 Construction F~nd206~556.64 Sewer Rental 520.52 Park G Park Improvement Cons t . Fund 15,936.42 Funds 56,017.27 :'laterworks Furid 5,095.73 PIR, Poor & J.S.D. #l 1,145.72 $332,545 . 93 PETITION FOR YlALI3ilY TO SWlKUIKG FOOL, ACROSS Y.66TH STREET, DISCUSSED. Petition signed by several Upper Terrace, Southcrest Drive, and Brittany Road residents, asking that a walkway be constructed on ~~~66th Street to the Swimming Pool was discussed, the matter's already having been discussed at the June 9th meeting. Manager directed to inform petitioners concerning high cost of walkway, and alternate plan of action. DICUSSION HAD ON Pi>SSIBLE DIVISION OF DUTIES FOR PLAMNIKG COKF.lISSIObI OF IKCREASED IJBBERSHIP. Suggestions were made that, should membership of the Planning Commission be increased, duties could be divided, in order that one body consider Zoning and related problems, the other strictly planning, No action taken. *. 193 6/23/58 Engineer zikan presented preliminary plans and estimates of cost on several .I projects, and.A!anager Hyde suggested that proceedings for same be initiated with Public Hearings on July 14. its adoption: ., Dickson offered the following Resolution and moved RESOLUTION PROVIDING FOR PUBLIC HEARINGS PROPOSED SANITARY SEWER, STORM SEWER AND a. WATERMA IN IMPROVEAENTS BE IT RESOLVED by the Council of the Village of Edina: The Village Engineer, having submitted to the Council a preliminary report as to the feasibility of the proposed Sanitary sewer, Storm Sewer and Watermain Improvements described in the Form of Notice of Hearing set forth below, and as to the estimated cost of such improvements, said report is hereby approved and directed to be placed on file in the office of the Village Clerk. 2. This council shall meet on Monday, July 14, 1958, at 7:30 P.W,, in the Edina Village Hall, to consider in public hearings the views of all persons interested in said proposed improvements. 3. The Clerk is hereby authorized and directed to cause notices of the time, place and purpose of said meeting to be published in the official news- paper once a week for two successive weeks, the second o$ which publications is to be not less than three days from date of said meeting, which notices-shall be in substantially the following form: 1. r NOTICE OF PUBLIC HEARINGS ON PROPOSED SANITARY SEVER AND VJATERMAIN (1) IMPROVEMENTS NOTICE IS HEREBY GIVEN that the Edina Village Council will meet at the Edina Village Hall on Monday, July 14, 1958, at 7:OO P.M., to consider the follow- ing proposed improvements, to be constructed under the authority granted by Minnesota Laws of 1953, Chapter 398. is estimated by the Village Engineer as set forth below: EST. COST A. CONSTRUCTION OF VILLAGE LATERAL SANITARY SEWER AND The approximate cost of said improvements APPURTENANCES IN THE FOLLOINING STREETS : 1. Zenith Avenue from ~.6Oth St. to 50 Ft. N. of the centerline of W.59th st. $12,216.60 Lot 9, Block 2, Normandale 2nd Addition $ 3,576.00 ' 2. Josephine Avenue from W.64th St. to include B. CONSTRUCTION OF VILLAGE WATERMAIN AND APPURTENANCES IN THE FOLLOWIIdG STREET : 1. Zenith Avenue fromw.59th St. to lV.6Oth st. $ 4,584'60 The area proposed to be assessed for the cost of said improvements includes the following lots and tracts of land: For A-1 above: Lots 1 thru 9 inclusive, Block 6; Lots 15 thru 23 inclusive, Block 7; Lots 12, Block 3; and Lot 13, Block 2, all in Harriet Manor Second Addn. For A-2 above: Lots 9 thru 15 inclusive, Block 2; and Lots 16 thru 18 inclusive, Block 1, all in Normandale Second Addition. For B-1 above: Lots 1 thru 7 inclusive and the North 1/2 of Lot 8, Block 6; and Lots 15 thru 23 inclusive, Block 7; all in Harriet Manor Second Addition. GRETCHEN S. ALDEN Village Clerk NOTICE OF PUBLIC HEARING ON (2) .. PROPOSED STORM SWER IMPROVEMENT NOTICE IS HEREBY GIVEN that the Edina Village Council will meet at the Edina Village Hall on Monday, July 14, 1958, at 7r00 P.M., to consider the follow- ing proposed improvement, & be c.onstructed under the authority granted by Minnesota Laws of L9'53, Chapter 3%. estimated by the Vcllage Engineer as set forth below: COIdSTRUCTION OF VILLAGE STORM SEWER AND APPURTENANCES ALONG THE FOLLOLVII\IG ROUTE: Between Lots 15 and 16, Block 4, Southdale Xs% .',ddition $1,269.00 The area proposed to be assessed for the cost of said improvement includes all lots and tracts of land within the following described boundaries: "Beginning at SW Cor. of Lot 22, B1. 4, Southdale First Addn.; th. Ely along Sly Lot Line to SE Cor. thereof; th. Nly to a pt. on Ely Lot Line of said Lot 22, which is 35 Ft. Sly from NE Cor. thereof; th. Ely, NEly, Nly, and hidly, parallel to and 35 feet Sly, Ely, and NEly of the Ely line of Southdale Rd. to a pt. on Sly Lot Line of Lot 2, said B1. 4, which is 35 Ft. Ely from SW, Cor. thereof; th. Wly to SW Cor. thereof; th. Wly to a pt. on E. Line of Lot 3, B1. 7, Southdale First Addn. which is 36 Ft. Sly from NE Cor. thereof; th. Wly parallel to Nly Lot Line of said Lot 3 a dist. of 33 Ft.; th. Sly parallel with Wly line of Southdale Rd. to a pt. which is 35 Ft. Nly from Mly line of Hillcrest Lane; th. S'slly, parallel to and 35 Ft. Wly of w. line of Hillcrest Lane to a pt. which is 20 Ft. Nly of N. Line of Dunberry Lane; th. W. parallel to and 20 Ft. N. of N. Line of Dunberry Lane to E. line of Cornelia Drive; th. S. along E. line of Cornelia Dr. 115 Ft,; th. E., parallel to and 35 Ft. Sly of S. line of Dunberry Lane to E. line of Lot 27, B1. 4, Southdale First Addn.; th. along E. lines of Lots 27 and 32, B1. 4, said Southdale First Addn., a dist. of 145 Ft.; th. Ely to NE Cor. of Lot 35, said 131. 4; th. S. to pt. of beginning." The approximate cost of said improvement is EST. COST I GRETCHEN S. ALDEN Village Clerk 3 $4 6/23/58 1;iotion for adoption of Resolution was seconded by viere four ayes and no nays, as follow: Dickson, Bank, aye; and the Resolution was adopted. Kohler, and on Rollcall there aye; gler, aye; Tupa, aye; and Mr. Zikan also asked that the Council consider taking bids on several projects, and Tupa offered the following Resolution and moved its adoption: RESOLUTION APPROVING PLAIiS AlJD SPECIFICATIO?!S FOR PKQPOSED CURB AND GUTTER, SANITARY SEJER, t;lATERT.V,Iil, BLPiCKTOPPING AND GRADING AND GRAVELLING IltlPROVEMEHTS BE IT RESOLVED by the Village Council of the Village of Edina: following Advertisement for Bids form, heretofore prepared by the village Engineer and now on file in the office of the Village Clerk are hereby approved. and the Construction Bulletin the following notice for bids for said improvements: 1. The plans and specifications for the proposed Improvements set forth in the 2. The clerk shall cause to be published twice in the Edina-Morningside Courier ADVERTiSEtIENT FOR BIDS CURB AND GUTTER : SfifJITkRY SEX3 : YJATERLIAIN: BLf,Cf(TOPPIl~:G: AND GRADING AND GRAVELLING KOTICE IS HEREBY GIVEN that sealed bids will be received and opened in the office of the Village Kanager in the Edina Village Hall, 4801 I'Jest 50th Street at 11:OO A.I.I., ?:ionday, July 14, 1958, and that the Edina village Council will meet at 7:OO POL, on tlonday, July 14, 1958, to consider said bids, bsing for the following: A. COI~STRUCTI0t.J OF CCIZCRETE CURB AMD GUTTER IN THE FOLLO:'JII+IG STREETS: 1. Y!arren Avenue from 1'1.64th St. to yj.65th St. 2. Fairfax Avenue from Uest :'ioodland Road to 1~~58th St. 3. West 60th St. from Kellogg Ave. to Oaklawn Ave. FOLLO!'IIEG STREETS : 1. YJ.59th St. Erom Tingdale Avenue to Code Avenue. 2. Zenith Ave. from M.GOth St. to 50 Ft. il. of centerline of ltJ.59th st. 1, Zenith 2Jenue from !'/.59th St. to 1'11.60th St. 1. Alley between 3.55th st. and YJ.56th St. and between York kve. and B. COI!STEUCTIOY OF VILL?&GE LATERAL SAPiITARY SEJER AIJD APPURTEiYJ!CES Iid THE C . COi.!STfiUCTIOIJ OF VILLAGE 67ATERl.lkIPJ AND APPURTEXAIZES II! THE FOLLOYIILG STREET : D. BITU!.IIKOUS SURFACE TREATLIEiT OF THE F0LLO'U;IIIIJG STREET : Xerxes i;ve. E. GRADIilG AI;D GRAVELLIilG OF THE FOLLOI'IING: 1. Rorth-South Alley between York Ave. and Xerxes he. and from ~1.59th St. to the Idorth Lot Lines of Lots 7 and 18, B1. 1, Harriet Manor Second Addn. I'Jork must be done as described in plans and specifications on file in the office of the Village Clerk. which deposit will be refunded upon return of said plans and specifications. IJo bids will be considered unless sealed and filed with the undersigned before 11:OO A.P.!., hlonday, July 14, 1958, accompanied by cash deposit, bid bond or certified check payable to the Village Clerk in the amount of at least ten percent of amount of base bid. BY ORDER OF THE VILLAGE 03Ui:CIL. Plans and specifications are available for a deposit of $5.00, . The Council reserves the right to reject any or all bids. GIETCHEX S. ALDEN Village Clerk Motion for adoption of the Resolution was seconded by Eohler, and on Rollcall there were four ayes and no nays, as follows: Dickson, a hler, aye; Tupa, aye; and aye; and the Resolution was adopted. SYJIrl%iixG POOL llOFFICIAL OPSTIKG" TO BE CELEBRATED JULY 9. July 9th as the date to officially open the svJimming pool, and suggested some small ceremony be observed. Council agreeable. Manager Hyde suggested Tupa's motion for adjournment was seconded by Kohl-er, and carried. Meeting was adjourned at 11:30 Po% Villa'ge Clerk / ----