HomeMy WebLinkAbout19590126_regular1/12/59
CLAIMS PAfD: Tupa's motion, for payment of the following claims, as per Pre-List
dated January 12, 1959, was secdnded by bickson and carried:
6 c4
General Fund $7,069.95
Construction Fund 4,792.21
Park and Park' Const.
Fund 2,658.73
"la tervrorks Fund 1,132.57
Liquor Fund 23,689.00
Sewer Rental Fund 37.37 "
Poor Fund 131 . 13
$395510.96
The evening's agenda's having been covered, Tupa moved for adjournment. Motion
seconded by Kohler and carried.
LIIIIUTES OF THE REGULAR MEETIb!G OF THE EDIIiA
VILLAGE COrJP.!CIL y HELD !:OrJDAY; JAIXJkRY 26 y 1959
AT 7:OO P.M., AT THE EDIF!A VILLAGE HALL
Hembers answering Rollcall were Beim, Dickson , Kohler, Tupa and Bredesen.
WINUTES OF Jlif!UitRY 12TH NEETIKG lik.ZEh!DED. Engineer Zikan asked for an amendment to
the idinutes of the iketing of January 12, the paragraph entitled "PRFLII.IINil3Y PLAT
OF FRIDLUE:D'S ADDITIOl! APPXOVED kF!D EXCHAP!GE OF PROPERTY :?UTKQRIZED" (See ?age 51
this Xnute Book).
property, as reported in these minutes, had been qualified by the phrase "if it is
in the public interest"; that, upon a check of the premises he finds that it is not
to the public interest to dedicate the entire East 15 feet of the Village Lift
Station property to Developer Fridlund because of a cast iron pipe, and easement
therefor, running from the Lift Station property through Lot 9, garden Acres, East
to Tracy Avenue. h. Zikan told Council that the Village now maintains a road
over this sewer easement, which road is in good condition; that if the road is to
be abandoned, the Developer should be required to build a road from the Lift Station,
north over the property proposed to be dedicated by him to the Village, to the
new street, !'larden Avenue; that, providing the Developer will build such a road,
and will dedicate the property North of the lift station property to the Village,
he, T4r. Zikan, will recommend dedicating to the developer "that portion of the
East 15 feet of the Lift Station property located North of the Village force
ma in I' .
be stricken from the record, and that Council now act to approve the Preliminary
Plat of Fridlund's Addition, and exchange of such properties as are recommended
by Mr. Zikan to be exchanged, upon written assurance by the Developer that road
will be built at his espense from the Lift Station to \Varden Avenue.
seconded by Dickson and carried.
of the fJlinutes of the Regular Meeting of January 12.
and carried.
He explained that his approval of the requested exchange of
I
Tupa then moved that the action taken by the Council on January 12
Motion
Tupa then moved for approval of the balance
Motion seconded by Dickson
GRAVELI?!G OF HA!'KES TERRACE, HAYJKES DRIVE AND YJARDEN AVERUE TO BE 11:CLUDED IF!
UTILITY SPECIFICATICXS. Engineer Zikan explained that because of probable Highway
#169 construction through the plat, the developer of Hawkes Lake Addition was not
required to gravel Hawkes Terrace, Hawkes Drive and Narden Avenue in "Havkes Lake"
Addition at the time this plat was approved; that the streets have not been
graveled; and that the original developer, Roy Peterson, has now sold the plat to
Developer Lyle Otto.
included in the specifications for sanitary sewer and/or aatermain in this plat,
in order that the Village night be protected against having to gravel.
so moved.
Ec. Zikan asked that the cost of graveling the streets be
Dickson
hlotion seconded by Tupa and carried. -
PUBLIC HEAR1I:G PETITIOX TO REZORE TO C0XALIt~:ITY STORE DISTRICT FOR EXTEPSIO>! I OF BILTXORE t:flTOX EOTEL.
pursaant to "?!otice of Public Hearing on Petition", published in Edina-Morningside
Courier January 15 and 22, 1959, posted on official bulletin boards, and mail,ed
to property owners.
petition for the rezoning of a tract of land abutting Highway No. 169, South and
Southwest of the present motel.
proponents in their absence.
at the original Hearing held October 27, 1958, are not available tonight; and
Attorney Desmond Pratt, representing the opponents, asked for continuance of
Hearing until the plans can be inspected.
of Hearing to February 9, was seconded by Tupa and carried.
5209 DlJncraig Road, stated that he has no :objection to the proposed rezoning
providing proposed Highway $169 is routed between the property proposed to be
rezoned and Edina Highlands.
This Public Hearing was called by Kayor medesen
It was relative to the Biltmore Llotor Hotel Corporation's
Attorney Ualter Gustafson represented the
hlr. Gustafson explained that the plans, presented
Dickson's motion for continuance
tk. H. A. Murphy,.
Hearing" published -in Edina-Morningside courier January 15 and 22, 1959, posted
on official bulletin boards, and mailed to affected property owners. fih. Haney
was present to submit his plans; and it was noted that the Planning Commission
had recommended favorably upon the proposal.
at the Hearing, and none had been received prior thereto. Tupa's motion, that
kIr. Haney's petition, for permit to face dwellings the long way of the lot, and for 25-fOOt front-yard setbacks on Lots 7 and 8, Block, 1, Paul Wind-Christopher
Addition be granted. Motion seconded by Dickson and carried, unanimously.
There were no objections registered
PUBLIC HEARIMG ON PROPOSED AMENDMENT TO "MULTIPLE RESIDENCE DISTRICT" SECTIO€lJ OF
ZONING ORDINANCE. Mayor Bredesen called Public Hearing, pursuant to "Notice of
Public Hearing" published in Edina-Morningside courier January 15 and 22, 1959,
and--posted on official bulletin boards on January 13, 1959.
cation and Posting wetre submitted, approved as to form and ordered placed on
file.
amendment to the Lot Area Requirements in the Multiple Residence District.
There were noighjections filed at the Hearing, and no written objections had
,been filedhfiereto. Dickson offered the following Ordinance for adoption,
moving that Council waive second reading and adopt Ordinance as read:
Affidavits of Publi-
It was noted that the Planning Commission has approved this proposed
I
ORDINANCE NO. 261-43
AN ORDINANCE AII;IEI\IDING THE ZOMIi\JG ORDI€J44NCE OF
THE VILLAGE AS TO LOT AREAS REQUIRED IN THE
f4JLTIPLE RESIDENCE DISTRICT
THE VILLAGE COUICIL OF THE VILLAGE OF EDINA, MINHESOTA , ORDAINS :
Section 1. Sub-paragraph (a) of paragraph 3 of Section 4 (Mi-iltiple
Residence District) of Ordinance Mo, 261 '(Zoning Ordinance) of the Village
of Edina, is hereby amended to read as follows:
Each lot shall contain a minimum number of buildable
square feet of land dependent on the number of family dwelling units which
ail1 be contained in the residence -to be built thereon, or on the p?-i-centa$e
of area of the lot covered by such residence, according to the following
schedule:
"(a) Lot Area.
Two-family unit residence 10,000 sq. ft.
Three-family unit residence 12,000 If
Four-family unit residence 14,000 I'
Five or more-family unit residence
covering 297; to 30% of lot area 2,900 sq. ft. per unit
I1
II 11
25% to 297: 2,700 I' If
20% to 257; 'I 11 2,500 l1 I' It
29 400 It It 11 1574 to 20% 11 1)
Section 2. This ordinance shall be in full force and effect from and
after its passage and publication.
E!
Eivlotion for adoption of the ordinance as submitted, with waiver of second reading,
was seconded by Kohler, and on Rollcall there were five ayes and no nays, as
follows: Beim, aye; Dickson, aye; Kohler, a Bredesen, aye;
and the Ordinance was adopted.
PUBLIC HEARING ON PROPOSED VACATION OF PORTION OF HALIFAX LANE TURN-AROUND.
Affidavits of Publication in Edina-Morningside Courier on January 8 and 15, 1959,
of "Notice of Hearing" were presented by Clerk, approved as to form and ordered
placed on file, as was Affidavit of Posting on January 9. Mayor Bredesen called
Public Hearing, in response to notice, on proposed Vacation of "All that part of
Lot 5, Southridge Addition lying Westerly of Halifax Avenue as it was dedicated
by the plat of Southridge Addition; and all that part of Lot 6, Southridge
Addition lying Easterly of Halifax Avenue as it was dedicated as public street
by the plat of Southridge Addition."
Hearing, and no written objections had been received prior thereto.
offered the following Resolution and moved its adoption:
There were no objections registered at the
Kohler
RESOLUTION VACATING STREET
(PORTION OF HALIFAX LANE TURNAROUND)
WHEREAS, it is considered to be in the public interest to Vacate that
\'?HEREAS, two weeks' published notice and posted notice of a hearing to
portion of Halifax Avenue (now named Halifax Lane) hereinafter set forth; and
be had on said proposed Vacation on January 26, 1959, at 7:OO porn., has been
given and made, and a hearing has been had thereon by the Village Council:
1/26/59
That portion of Halifax /:venue (now named Ilalifax Lane) describ-.d as 62
ITCIZ', THEREFORE, BE IT RESOLVED by the Village Council of the Village of Edina,
Hennepin County, Minnesota, that "All that part of Lot 5, Southridge Addition in
Hennepin County, lying Qasterly of Halifax Avenue as it was dedicated as pxblic
street by the plat of Southridge Addition, and all that part of Lot 6, Southridge
Addition in Hennepin County lying Easterly of Halifax Avenue as it was dedicated
as public street by the plat or" Southridge Addition", as platted and of record
in the office of the Register of Deeds of Hennepin County, Minnesota, be and is
hereby vacated,
I
:.lotion for adoption of the Resolution v;as seconded by Eeim, and on Rollcall there
viere five ayes and no nays, as follorvs: Beim
Tupa, aye; and Bredesen, aye; and the Resol
Dickson, aye; Kohler, aye;
Village clerk I
QUIT CLAIlif DEEZS !JJTEORIZED FOE VACATED STREET AKD DSAIPXGE EfiSEIEPITS iiUTEORIZSD,
FOR LOT 5, SCIL'TMRICGE L-iD31TIOi!*
attorney investigating the ti.tle for Lot 5, Southridge kddition has reqliested that
the Village quit claim to the owner that portion of Lot 5 for :.ihich vacation
proceedings have ji~st terminated, and several drainage eassments, vhich I&. Zikan
has stated are no longer needed.
moved its adoption:
Village Attorney Hasselquist reported that the
Kohler offered the follcwing Aesolvtion and
RESCLUTIOM DEEDIKG EASElENTS b!09 UP!!II:EEDED
YEEREAS, it is deemed that the following roadway and drainage easements are
no longer needed by this Village; and
!?HEREAS, owner of abutting property has signified his need for title to
said easements:
P!O!'J, THEREFORE, BE IT RESOLVED, that the following roadway and drainage
easemsnts be deeded, by QJit Claim Deed to Plat I'I. Johnson and Eloise D. Johnson;
and that Nayor and Clerk be authorized to affix their signatures to said Quit
Claim Deed on behalf of the Village of Edina: 1
All that part of Lot Five (5), Southridge Addition, lying yjesterly of
Halifax Lane as it was dedicated in said plat of Southridge Addition, all
according to the recorded plat;
The South fifty feet ( S 50 ft,) of the East sixty feet (E 60 ft.) of the
West one hundred thirty-five feet (?J 135 ft.) of the North One-Half of the
PIortheast One-fourth of the Northeast One-fourth of the Northeast One-fourth
(&$ of 1:Ei of of NEi-) of Section Kineteen (19), Toxnship Twenty-eight
(28), Range Twenty-four (24), according to United States Government Survey;
The Southerly five feet (Sly 5 ft.) of the Easterly sixty feet (Ely 60 ft.)
(front and rear) of the Yesterly one hundred thirty-five feet (YJly 135 ft.)
(front and rear) of the North One-half of the Rortheast Cne-fourth of the
Northeast One-fourth of the Northeast One-fourth (Id+ of F!E& of' NE$ of &!'E$)
of Section Kineteen (19) , Township Twenty-eight (28) , Range Twenty-four (24) ,
according to the United States Government survey; and
All that part of the 1:orth ten feet (N 10 ft.), front and rear, of Lot two
(2), Block Four (4), "Elmwood Terrace", lying Westerly of Halifas Lane as it
was dedicated as a public street by the plat of Elmwood Terrace.
Xotion for adoption of the Resolution was seconded by Beim, and on Rollcall there
were five ayes and no nays, as follows: Beim, a
aye; and Bredesen, aye; and the Resolution was
1.
2.
3.
4.
Village clerk
25 AUTOMATIC VOTING !AACHlNES PURCHASED. Clerk tzansmitted to Council the opinion
and recommendation of the "Advisory Committee on Election Procedures, that 45 to
50 Voting Hachines would be necessary to adequately provide for the vote expected
at the 1960 Presidential Election.
confirmed by Voting Hachine Representative Robert Maves that, should 50 machines
be too many, the Village has the prerogative of returning the excess number upon
payment of one year's rental. Some discussion was had by the Council an this
large expenditure, and Tupa moved, authorizing purchase of 25 additional voting
machines from Automatic Voting Machine Company, at the company's Uovembar 24, 1958,
bid price of $1,584 per machine, f.0.b. Edina; delivery of machines to be July 1,
1960, with first of 10 annual rental-purchase payments due July 10, 1960. Motion
was seconded by Dickson and carried.
It was also noted by the Committee, and
SILIPSON REQUEST FOR PERXIT TO C@I:STRUCT JXELL1L;G AT 4832 TC:'II:ES SOAD (T:.
OF LOT 9,
55 FT.
LIE. 3LXK 2, SCUTH 'JHITE OiXS) REFERRED BACK TO PLM!MII:G CO?KtSSIOI:e
Ben Simpson appeared v5th the representative of an option purchaser for this tract,
requesting that the Council permit construction of a dwelling on this %-foot wide
tract. Review was made of previous action taken by Planning Commission and Council
relative to a similar request by ;,k. $impson,
dwelling, to be constructed for purchaser Rehnke, will be about 524,000, in
it was stated that the proposed .
1/26/59 63 keeping with other homes in the neighborhood; that construction of asdwelling on 1.
this lot will be an imprnvement for the entire neighborhood, It was also noted *>,.*
that the side yard set-back provision of the zoning ordinance has now been amended
to provide for further side-yard set-backs; and Kohler moved for referral of the
entire matter to the Planning Commission.
PUELIC HEALTH NURSING REPORT FOR DECEMBER, 1958, was submitted, reviewed and
ordered placed on file.
Motion seconded by Beim and carried.
MJNICIPAL-STATE AID STREET FUND RLLCCATION TO EDINR FOR YEA2 1959 will be $24,391.00
for Maintenance and $73,173.00 for Construction--Total, $97,564.00, according to
State Highway Department notification dated January 14, 1959 and reviewed by Council.
PLANNING COMMISSION CHAI~WAN'S LETTER RE COUNCIL ACTION ON STATE HIGHJAY No. 169
READ.
Mayor Bredesen's letter concerning Council action approving plans for Highway $169.
Letter ordered placed on file.
Clerk read for the Council Planning Commission Todd's January 20th reply to
FIREnlEN'S RELIEF ASSOCIATION ACTIONS APPROVED BY COUNCIL: Mayor Bredesen reported
to the Council the results of a meeting held January 5th by the Board of Trustees
of the Firemen's Relief Association, which actions by the Board should have either
confirmation or rejection by the Council.
total of some $60,000, some of which is being held in cash; the remainder invested
in U.S, Government Bonds.
approval of the Council, a minimum of 4QJ of those assets not needed for current
expenses be invested in U.S.Government Securities, and a maximum of 60% in
Massachusetts Investment Trust. Discussion had, and Dickson moved that Council
accept the plan presented by the Board of Trustees of the Firemen's Relief
Association for the investment of Association funds. Motion seconded by Tupa
and carried.
am amendment to the Association By-Laws, which will set up a pension system having
the following provisions:
He explained as follows:
1. INVESTMENT OF FUNDS: The Relief Association's assets have now reached a
It is the plan of the Board of Trustees that, subject to
2. PENSION PLAN FOR ASSOCIATION MEMBERS: The Board of Trustees recommends
A.
B.
C.
D.
E.
F.
Payment of service pension to all members who $hall retire having attained
the age of 50 years, and having served at least 20 years in Edina Fire Dept.,
Service pension so paid shall be $40.00 per month for 20 years service.
Additional pension of $2.00 per month for each year of service'after 20 years.
Payment of maximum service pension of $60.00 per month.
Option by retiring members of 20 years service, to receive lump sum benefit
Payment to retired member's widow or orphan of an amount which, together
c
of $2,000 in lieu of other pension rights.
with that amount already paid to such retired member, shall total $2,000.
Some discussion was had on this matter, with Manager Hyde stating he feels it is
conservative and within the means of the Association to maintain. It was also noted
that, should the Association fail to maintain its pension, there is no legal
responsibility upon the Village to do so. Dickson's motion, that the recommendation
of the Association Board of Trustees be approved, was seconded by Tupa and carried.
CONTRIEUTIONS FOR NORMANDALE PARK HOCKN RIMK ACCEPTED WITH THANKS.
reported to Council receipt of contributions of $66.00 each, frDm the Normandale
Manager Hyde
Community Service Council-and the Brookview Heights Council, to be used for
construction of low-board hockey rink at Normandale Park.
contributions be accepted with thanks was seconded by Tupa and carried.
Dickson's motion that
Vk3SARTRAILER CAMP EXTENSION (IN MINNETONU VIE. ACROSS COUIXY ROAD #18 Fl?OJA EDIf3JAZ
PROTESTED.
County Road #18, told the Council they understand a petitioner has applied to the
2linnetonI:a Village Council for the rezoning of property adjoining the Vassar Trailer
Cemp, for the purpose of enlarging the camp.
a huge headache to neighbors; that sanitary provisions are entirely unsatibfactory,
with cesspools overflowing and draining across public roads; that paper and debris
from the camp fltes all over the neighborhood; and that occupants are unsatisfactory
neighbors, the police being called out constantly to settle fights and other
disturbances, They asked that the Edina Council protest any proposed enlargement
of the camp, on behalf of Edina residents.
camp is not a desirable adjunct for any community, directed Manager Hyde to write
the requested letter of protest to the Minnetonka Village council.
J.ke Leo DvorakS 5605 County Road #18, and klrs., Robert Ostman , 5613
They stated the Trailer Camp is already
The Council, agreeing that the trailer
ADVERTISEIEKT FOR YJATER METERS AUTHORIZED.
advertise for a new supply of water meters.
Dickson, that the representative of the company to which the Council had awarded
a small number of meters on a trial basis had never delivered these meters, stating
that "he was not interested in doing business this way".
bids be taken on water meterss was seconded by Beim and carried.
Manager Hyde asked for authority to
He reported, on inquiry by Trustee
Kohler's motion, that
1/26/59
.YXPV*"**.-C*Il~."rl~~-~*-" ..*I"*")"..
64
$275,000 YATE?EX$ XVEIIUE DYDS SOLD.
cation of notice of sale of $275,000 :'laterworks Revenue Bonds of 1959 of the Village,
bids for vrhich were to be opened this date, in accordance with the motion passed on
December 22, 1958, and said affidavits were examined, approved and directed to be
placed on file.
to said published notice of sale, 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 Clerk presented affidavits of publi-
The Clerk reported that Four sealed bids had been received pursuant
Kame and Address of Bidder
Manaqer of Biddinq Account Interest Rate or Rates Premium
1960-1964, Inc. - 2.8QZ Premium - $23.75
or
Mi'3JdIHEIMER-€Gfi! , IPX. )
HAROLD E. :t'OOD 8 CO. ) 1965-1967,Inc. - 3.1Qi Ave.Int. Rate - 3.542165;'
7JOODkRD-EL::rOOD CO. ) 1968-1971,Inc. - 3.401j'
CKDXLL-PHILLIPS CO. ) 1972-1975,Inc. - 3.50:4
Plus 1.4Ql per annum from 9/1/59 to 9/1/60--
Coupon B-1 - 275 Coupons $7.00 Ea. due 3/1/60
Coupon 3-2 - 275 Coupons $7.00 Ea. due 9/1/60
E. J. PRESCOTT C COM'.Q!Y ) 1960-1963,Inc. - 2.5orS Premium - -0-
KALhWl 8 CO!LPmY, IC. ) 1964-1967,Inc. - 3.0@4 Ave.Int. Rate - 3.685
PAIRE, YJEBBER , JACKSOF! ) 1968-1970, Inc. - 3.4Q$
1973-1975,Inc. - l.OO;i
8 CURTIS ) 1971-1972 - 3.70;:
ALLIS~~!-~'~ILLI~~!5s COI*PMN ) 1960-1968,Inc. - 3.10:l Premium - -0-
PIPER, JAFFRAY 2 IlORlrOOD ) 1969-1971,Inc. - 3.4Q3 kve.Int. Rate - 3.65982
J. kl. DfiIN 8 COfPAI$Y 1 1972-1975,Inc. - 3.70;":
Plus Zi per annum from 6/1/59 to 3/1/60
JCHPJ I*UVEE14 G, CO. - BID I 1960-1968,Inc. - 3.3Q% Premium - $62.75
1969-1972,Inc. - 3.50;": .4ve.Int, Rate - 3.7442
1973-1975,Inc. - 3.7@4
Plus 1.70$;: per annum from 3/15/59 to 3/1/60 1
BID I1 1960-1969,Inc. - 4.00;: Premium - $50.75
1970-1972,Inc. - 3.75:; kve.Int. Rate - 3.7589
1973-1975,Inc. - 3.70;L * Bids were referred to Finance Director Dalen, and, later in the meeting, ++ * -+$ +$
he reported the best bid to be that of Alannheimer-Egan and Associates.
then offered the following resolution and moved its adoption:
Trustee Tupa
RESOLUTION AWARDING SALE OF
I'IATENJORKS REVEIXJE EOXDS OF 1959
BE IT RESOLVED by the Council of the Village of Edina, IJinnesota, that
pursuant to advertisement for bids heretofore duly published for the purchase of
$275,000 I'Jatervrorks Revenue Bonds of 1959 of the Village to be dated March 1, 1959,
this Council has considered all bids received and does hereby find and determine
that the highest and best of such bids is that of I".li~~rIHEIh:EFi-EG~~, IT!C., of ST.PAUL,
tlFlftTiJESOTA, and associates named therein, to purchase said bonds at a price of par
and accrued interest plus a premium of $23.75, those bonds maturing in the years
specified below to bear interest at the respective rates per annum set opposlte
such matFtrity years: &
Lia tu ri t\: Ye a r s Interest Rates
1960-1964, Inc. 2. Eo;:
1965-1967, Inc. 3. loil:
196s-1971, Inc. 3.4q: x
1972-1975, Inc. 3.5Qi
-
Plus l.?$O;$ per annum to be expressed by an extra set of B coupons for the period
September 1, 1959 to Septembnr 1, 1960, as follows:
Coupon B 1 consisting of 275 coupons of $7.00 each due Carch 1, 1360
Coupon B 2 consisting of 275 coupons of $7.00 each due September 1, 1960
BE IT FURTHER RESOLVED that the Mayor and Village Hanager are hereby
authorized and directed to enter into a contract with said bidder on the part of
tha l!illage €or the sale of said bonds under the terms specified in said bid; that
the good faith check furnished by said bidder shall be retained pending delivery
of the bonds and papsnt of the purchase price, and that the checks of other
bidders shall be forthwith returned to them.
The motion for the adoption of the foregoing resolution vias duly seconded by
Trustee Rein, and on rollcall there cere Five
aye; Dickson, aye; Kohler, aye; Tupa, aye; an
resolution was declared duly passed and adopt
Village Clerk
1/26/59 Trustee Tupa introduced the following resolution and moved its adoption':
RESOLUTION DETERAlINIPIG ItJECESSITY OF ISSUANCE OF
!fiJATER'JORKS REVENUE BOPTDS OF 1959 ARD
PRESCRIBIMG THE FORM AND DETAILS THEREOF
BE IT RESOLVED by the Village Council of the Village of Edina,
Minnesota, as follows:
1.
fore acquired pursuant to law and now owns and operates a municipal waterworks
plant and system as a public utility under the jurisdiction and control of
this Council, and it is necessary that said utility be improved at this time
by the construction of an underground water reservoir at a cost estimated to
be approximately $275,000 in excess of revenues of said utility now on hand
and available for the financing of said improvement; that it is necessary and
expedient that said sum be borrowed by the issuance of the revenue bonds here-
inafter described, payable from the net revenues to be derived from the future
operation of said utility and any additions and betterments thereto; that
there-are now outstanding and payable from said net revenues $86,000 Waterworks
Revenue Bonds of 1947, dated July 1, 1947, authorized by the resolution adopted
July 10, 1947, entitled "A Resolution Providing for the Issuance of Waterworks
Revenue Bonds for the Purpose of Providing Money for thz Purchase and Improve-
ment of the Waterworks Plant and Sys&em," $55,000 Waterworks Revenue Bonds of
1953, dated March I, 1953, authorized by the resolution adopted February 23,
1953, entitled "Resolution Providing for the Issuance of Waterworks Revenue
Bonds of 1953," and $170,000 Waterworks Revenue Bonds of 1955, dated June 1,
1955, authorized by the resolution adopted May 23, 1955, entitled "Resolution
Providing for the Issuance of Waterworks Revenue Bonds of 1955," which resolu-
tions are by reference incorporated herein and made a part hereof; that the
net revenues of said utility for the twelve months immediately preceding the
date of issuance of the additional bonds herein authorized are estimated to
be substantially more than one and one-quarter times the average of the annual
principal and interest requirements, for the remainder of the term of said
bonds dated July 1, 1947, March 1, 1953, and June 1, 1955, upon all of said
bonds plus those herein authorized, wherefore the \]illage is authorized to
make the bonds herein authorized payable from said net revenues on a parity
with said bonds dated July 1, 1947, March 1, 1953, and June 1, 1955, under the
provisions of said authorizing resolutions; that the bonds herein authorized
have been duly advertised and sold at public sale upon the terms and condi-
tions herein set forth, and that all actsg 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 precedent to the issuance and delivery of said bonds
have been done, do exist, have happened and have been performed in regular
and due form, time and manner as so required.
Revenue Bonds of 1959" and shall be each in the denomination of $1,000 and in
the aggregate principal amount of $275,000, numbered serially from 1 to 275,
inclusive, and dated as of March 1, 1959. Said bonds shall mature serially
on September 1 in the years and amounts as follows:
years 1960 through 1969, $15,000 in 1970, $35,000 in each of the years 1971
through 1974, and $40,000 in 1975.
payable on their respective stated maturity dates without option of prior pay-
ment, but those numbered 81 through 275 (maturing in the years 1970 through
1975) shall be each subject to redemption and prepayment at the option of
the Village on March 1, 1970, and any interest payment date thereafter, at
a price of par and accrued interest plus a premium of $10 for each bond re-
deenied, and in inverse order of their serial numbers. Not less than 30 days
prior to the date specified for 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 of holders of prepayable
bonds of said issue, so far as such information is made available to him, for
the purpose of mailing said notices, The bonds of said issue maturing in the
years and bearing the serial numbers listed below shall bear interest at the
respective rates per annum set opposite such serial numbers and maturity years:
Maturity Years Serial Numbers Interest Rates
1965-1967, Inc. 41-64, Inc. 3.lr6
It is hereby found and determined that the Village has hereto-
'
2. The bonds so to be issued shall be designated as the "Waterworks
$8,000 in each of the
Bonds numbered 1 through 80 shall be
3
1960-1964, Inc. 1-40, Inc. 2.EQA
1968-1971, Inc, 65-130, Inc. 3.4@A
1972-1975, Inc. 131-275, Inc. 3.5@'
Such interest on each and all of said bonds shall be payable September 1, 1959,
and semiannually thereafter on March 1 and September 1 of each year; and each
bond shall also bear additional interest on said principal sum at the rate of
1.40;; per annum from September 1, 1959, to September 1, 1960, represented by a
separate set of 'IB" coupons payable on March 1 and September 1, 1960,
principal and interest shall be payable at AMERICAR NATIONAL BPJK, in ST. PAUL,
Minnesota, and the Village hereby agrees to pay the reasonable and customary
charges of said paying agent for the receipt and disbursement thereof, and to
account for the same as an expense of the operation of said utility.
Both
65
1 /26/5 9
3. Said bonds and the interest coupons appurtenant thereto shall be
in- substantially the following form:
UKITED STATES OF AIJERICA
STATE OF Mit!i.!ESOTk
CCUNTY OF HEL,TJEPiP!
VILLAGE OF EDIPJA
;'IE;TEl?VfORKS REVEIXJE Ex)Ny'I) OF 1959
$1 , 000
KIIO:'! ALL !.E€: BY TI-IESE PRESEXTS that the Village of Edina, a duly
organized municipal corporation of Hennepin County, RIinnesota, hereby ac-
knowledges itself to be specially indebted and promises to pay to bearer,
but solely out of the Sinking and Interest Account of its 'Jaterwortis Fund,
the sum of ONE TMGUSAKD DCLLARS on the 1st day of September, 19-, or, if
this bond is prepayable as stated below, on a date prior thereto on which it
shall have been duly called for redemption, and to pay interest on said
principal sum out of said fund and account from the date hereof until said
principal sum be paid or, until this bond, if prepayable, shall have been
duly called for redemption, at the rate of
per cent ( ::) per annum, payable September 1, 1959, and semiannually
thereafter on th2 1st day of March and the 1st day of September of each year,
interest to maturity being payable in accordance with and upon presentation
and surrender of the interest coupons appurtenant hereto; and als? to pay
additional interest on said principal sum at the rate of
19-9 represented by a separate (set of) "B" coupon(s), payable on
and interest are payable at
per cent ( 7:) per annum from 1959, to Y
2 19-0 Both principal
, in Y , 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.
This bond is one of an issue in the total principal amount of
$275,000, all of like date and tenor except as to serial number, maturity
date, interest rate and redemption privilege, issued for the purpose of pro-
viding moneys for a necessary capital improvement to the waterworks plant and
system owned and operated by said Village as a public utility, and is issued
pursuant to and in full conformity with the Constitution and laws of the State
of Xinnesota and the ordinances of said Village thereunto enabling, and pur-
suant to resolut5ons heretofore duly adopted by the Village Council, including
a resolution dated January 26, 1959, entitled "Resolution Determining 1:ecesshty
of Issuance of 'Jatercrorks Revenue Bonds of 1959 and Prescribing the Form and
Details Thereof".
Eonds of this issue bearing serial numbers 1 through 80 are pay-
Eonds of this issue bearing serial numbers E1 through 275 (maturing
able at their respective stated maturity dated without option of prior pay-
ment.
in the years 1970 through 1975) are each subject to redemption and prepayment,
in inverse order of serial numbers, on !,larch 1, 1970, and on any interest pay-
ment date thereafter, at a price of par and accrued interest plus a premium
of $10 for each bond redeemed. The Village will mail notice of call of any
bonds thirty days prior to the date specified for redemption thereof to the
bank at vhich principal and interest are then payable and to the holder, if
known.
ter their names anti addresses and the serial numbers of their bonds v:ii;h the
Village Treasurer.
Holders of prepayable bonds desiring to receive such notice nay regis-
IT IS HEREBY CERTIFIED, RECITED, COVENAI!TED Q!D AGREED that all
acts, conditions and things required by the Constitution and laws of the
State of Llinnesota to be done, to exist, to happen and to bz performed prece-
dent to and in the issuance of this bond, in order to make it a valid and
binding special obligation of the Village according to its terms, have been
done, do exist, have happened and have been performed in due time, fozm and
manner as so required; that the Village has $ledged and appropriated to the
Sinking and Interest i',ccoi-int and Reserve Account heretofore created within
its Yiaternorl:~ Fund, out of the net revenues to be derived from the opera-
tion of said utility, including all future additions thereto and betterments
thereof, periodic payments to be made at times and in amounts required to pay,
when due, the principal of and interest on this bond, and all other obligations
payable from said accounts, and to maintain a reserve securing said payments;
that it will at all times maintain rates and charges for all services, facili-
ties, products and by-products of said utility sufficient to produce gross
1/26/59 67
revenues adequate to pay all current, reasonable and necessary costs of opera- fiS
tion and maintenance of said utility, and to produce excess or net revenues
in amounts and at times sufficient to meet the requirements of said Sinking
and Interest and Reserve Accounts; that in and by said authorizing resolution
the Village has made and entered into further covenants for the security of
the holders from time to time of the bonds of this issue, each and all of
which will be fully and promptly performed by the Village and its officers
and agents; and that the issuance of this bond did not cause the indebted-
ness, general or special, of the Village to exceed any constitutional or
statutory limitation.
IN WITNESS WHEREOF the village of Edina, Hennepin County, Minnesota,
by its village council, has caused this bond to be executed on its behalf by
the facsimile signature of its Mayor and the manual countersignature of its
Village Manager, and the corporate seal of the Village to be affixed hereto,
and the interest coupons appurtenant hereto to be executed and authenticated
by the facsimile signatures of said Mayor and Village Manager, and has caused
this bond to be dated as of March 1, 1959.
'
(Facsimile signature)
Mayor
Countersigned :
Village Manager
(Seal)
(Coupon Form)
No. $
On the 1st day of September (March), 19-, the Village of Edina,
Hennepin County, Minnesota, will pa.y to bearer, out of the special account
and fund defined in the bond to which this coupon appertains, the sum of
money of the United states of America at-^^
for interest then due on its waterworks Revenue Bond of 1959, dated
March 1, 1959,
DOLLARS lawful
, in
No * e (Facsimile signature)
Mayor
(Facsimile signature)
Village Manager
(Coupons numbered 23 and upwards shall also contain the clause:
"Unless the bond described below is called for earlier redemption". )
4. Said bonds shall be forthwith prepared for execution under the
direction of the Village Manager and shall be executed on behalf of the vil-
lage by the facsimile signature of the Mayor, and countersigned manually by
the Village Manager, and the corporate seal of the Village shall be affixed
thereto, and the appurtenant interest coupons shall be executed and authenti-
cated by the printed, engraved or lithographed facsimile signatures of said
officers. 3hen so executed and authenticated, the bonds shall be delivered
by the Village Treasurer to the purchaser thereof, upon payment of the pur-
chase price heretofore agreed upon, and the purchaser shall not be obligated
to see to the application thereof.
curity of the holders from time to time of each and all of the bonds herein
authorized that until the full payment of such bonds and the interest theron
it will continue to maintain its Waterworks Fund and the separate eocounts
therein established by said resolutions of July 10, 1947, and February 23,
1953, including the Sinking and Interest Account and the Reserve Account
established for the payment of the City's Waterworks Revenue Bonds and inter-
est thereon as such payments become due and for the accumulation and mainten-
ance of a reserve securing such payments at all times at least equal to the
sum of said payments due to be made from the Sinking and Interest Account
during each successive period of twelve months.
and agreements contained in paragraph 5 of said resolution of February 23,
1953, are hereby specifically approved, ratified, confirmed and made appli-
cable to the bonds herein authorized and determinative of the rights of the
holders of such bonds from time to time. Each and all of the bonds herein
authorized shall be payable from said Sinking and Interest Account and Reserve
Account on a parity as to both principal and interest with said bonds dated
July 1, 1947, March 1, 1953, and June 1, 1955, without preference or priority
of one bond over any other except as specifically stated in said resolutions
of July 10, 1947, and February 23, 1953* The holders of twenty per cent or
5. The Village hereby covenants and agrees with and for the se-
Each and all of the covenants
68 1/26/59
more in aggregate principal aniount of revenue<bonds of the issue herein
authorized which are at any time outstanding may, either at law or in equity,
by suit, action, mandamus or other proceedints, protect and enforce the
rights of all holders of such bonds and enforce and compel the performance of
any aiid all of the covenants and duties herein specified to be performed by
the Village and its officers and agents, including the fixing and maintaining
of sates and charges sufficient to meet all current requirements of said
Sinking and Interest Account and Reserve Account, and the collection and
proper segregation of the revenues derived therefrom and the application and
use of such revenues.
6.
a certified copy of this resolution with the County Auditor of Hennepin
County, Minnesota, and to obtain from said Auditor a certificate that the
bonds herein authorized have berm duly entered upon his bond register.
The officers of the Village are hereby authorized and directed
to prepare and furnish to the purchaser of the bonds herein authorized and
to the attorneys approving the legality thereof, certified copies of all re-
solutions, ordinances and other acts and proceedings of the Village relating
to the issuance of said bonds and the provision of funds for the payment
thereof, and all such other certificates and affidavits as to facts shovm by
the records of the Village or facts otherwise known to them as may be reason-
ably required to evidence the validity or marketability of the bonds herein
authorized; and all such certified copies, certificates and affidavits shall
be deemed the representaticns of the Village of Edina as to the correctness
of all statements therein contained,
I
The village Llanager is hereby authorized and directed to file
7.
The motion for the adoption of said resolution was duly seconded by Trustee
Beim, and on rollcall there were Five AYES :and No MAYS, as follows: Beim, aye;
Dickson, aye; Kohler, aye; Tupa, aye; and Bredesen, aye; whereupon said
resolution was declared duly passed and adopted.
!Jayor
FdELIC HEARIMGS 023 IldPE;OVEi~83TS TEPITATIVELY SCHEDYLED FOR FEBRUARY 23.
Hyde reported it is nor; the intent to schedule several Blacktopping and Curb and
Gutter, and one Storm Sewer Hearing for February 23, in line with Engineer’s
Construction Schedule as previously sent to the Council.
Manager
COUNCIL SALARIES ESTABLISHED FOR 1959.
the Council has not set the salaries for Mayor and Trustees, Tupa offered the
following Resolution and moved its adoption:
At a reminder from 1:ianager Hyde that
EESOLUTIOK ESTABLISHI1:G SALARIES OF THOSE
ELECTED OFFICIALS YJKOSE SALARIES HAVE P;OT
ALREADY BEEii! ESTABLISHED By STATE STNUTE
OR VILLAGE RESOLUTIOE
BE IT RESC!L?ED that the salaries of Elected Village Officials, wlnose salaries
have not been heretofore established, be hereby established as follows for the
year 1959:
Arthur c. Bredesen, Jr., ISayor - $120.00 per F.:onth
Raymond t?. Beim, Trustee - $lOO.OO ?
Ti. K. Dickson, Trustee - $lOO.OO ’(
John A. Kohler, Trustee - $100.00
Frank J. Tupa, Trustee - $100*00 ‘I
Llotion for adoption of fiesolution was , and on Rollcall there .
were five ayes and no nays, as follows:
Tupa, aye; and Bredesen, aya; and the
Mayor
village Clerk
PRELI!!lII’JARS PLAT OF PARK.’!OOD KNOLLS 8TH--BLOCKS 11,12,13 AKD I4--AP?ROVED.
Hyde reported that, through an oversight, the Planning Commission’s January 7th
reconmendation fnr approval of this portion of the Preliminary Plat had not baen
reported. He asked that the Council take action, and Kohler moved for approval
of Preliminary Plat in accord with Commission’s recommendations.
by Dickson and carried.
Manager
Kotion seconded
PUBLIC I-IEARSKG SCHEDULED O?! PROPOSED SkMITkRY SE’IER I?JPROVEKE€!T. Hanager Hyde
reported that thP Engineers have prepared plans and an Estimate of Cost for the
proposed Sanitary Sewer to serve #5124 Mirror Lakes Drive; Estimate being very
high, at $1,760 per Lot for winter war!:; $1,600 per Lot for summer work.
suggested that the Council conduct a public hearing on this project, in spite of
the high estimate, to secure the opinions of those rho would be benefited and
would thus be assessed:
adoption :
He
Kohler offered the following Resolution and moved its
1/26/5 9 69
BE IT'RESOLVED by the
RESOLUTTO\! PR@VTDTh!G FOR PlfBLfte: HEfiRIRG
PROPOSED SANITARY SEriJER ' IMPROVEMENT
Council of the Village of Edina:
1. The Village Engineer, having submitted to the Council a preliminary
report as to the feasibility of the proposed Sanitary Sewer Improvement described
in the Form of Notice of Hearing set forth below, and as to the estimated cost of
such improvement, said report is hereby approved as to the estimated cost of
such improvement and directed to be placed on file in the office of the Village
Clerk.
2. This Council shall meet on Monday, February 9, 1959, at 7:GO P.M., in
the Edina Village Hall, to consider in public hearing the views of all persons
interested in said proposed improvement.
time, place and purpose of said meeting to be published in the official news-
paper once a week for two successive weeks, the second of which publications
is to be not less than three days from date of said meeting, which notice shall
be in substantially the following form:
NOTICE OF PUBLIC HEARING ON
3. The Clerk is hereby authorized and directed to cause notice of the
PROPOSED SANITARY SEWER
NOTICE IS HEREBY GIVEN that the Edina Village Council will meet at the
Edina Village Hall on Monday, February 9, 19599 at 7:OO P.M., to consider the
following proposed improvement to be constructed under the authority granted by
Minnesota Laws of 1953, Chapter 398.
is estimated by the Village Engineer as set forth below:
The approximate cost of said improvement
ESTIMATED COST
CONSTRUCTION OF VILLAGE LATERAL SANITARY SBVER AND
APPURTENANCES IN THE FOLLOKIXG STREET :
Mirror Lakes Drive from Northwood Drive to
serve #5124 Mirror Lakes Drive $7,037.60
The area proposed to be assessed for the cost of the proposed Sanitary Sewer
listed above includes Lots 7, 8, and 9, Block 2, Mirror Lakes in Edina; and
Lot 38, Rosendahl's Edina Highlands.
GRETCHEN S. ALDEN
Village Clerk
JAotion for adoption of the Resolution was seconded by Dickson, and on Rollcall
im9 aye; Dickson, aye; Kohler,
aye; Tvpa, aye; and Bredesen,
Mayor
Tillage Clerk
HEARING SCHEDULED ON "SIDE-YARD SETBACK--OPEN DEVELOPMENT DISTRICT'' SECTIOPJ OF
ZONING @RDIP!AF!CE.
the Zoning Ordinance for Council consideration.
will clarify the recently adopted amendment, insofar as setback for the "garage
side" of the dwelling is concerned; that this amendment stems from a request for
a building permit for a dwelling with living quarters back of the garage, with
setback on the "garage side" of five feet; that it felt that a five-foot yard
is not sufficient for the occupied Side of the house. Considerable discussion
was had on this matter, with some Council members advocating a stratight ten-
foot betback for both sides, but ilk. Hyde explained that builders are complain-
ing that they cannot build the rambler-type of dwelling on most lots, leaving
20 feet of the lot for yard. Kohler's motion, that Public Hearing be scheduled
on proposed amendment, for Monday, February 9, was seconded by Beim and carried.
Manager Hyde presented a new "side-yard setback" amendment to
He explained that this amendment'
DEVELODJ!IENT OF ARDEN PARK QUESTIOPJED. Ah. Ed Arnold inquired as to the progress
on development of Arden Park.
servation Commission has not yet reported on its action as to the relocation of
Winnehaha Creek; that plans will not go forward until report is received
Attorney Hasselquist informed him that the Con-
JAAI\!AGER CCf.PLIMEI\!TED Or! INVITATION TO MEETING ON STATE HIGHWAY NO. I. 00 PLPNS e
Trustee Kohler's compliment to Jvlanager Hyde, on i'ilre Hyde's letter to various
orginizations along Highway #loo, inviting them to discussion meeting January 28,
concerning plans for Highway No. loo, was confirmed by Council.
Ll.4THIEIJ FOUR-PLEX COMSTRUCTIOM QUESTIOP!ED--5148 HARKERSON.
recollection of the plans as presented for this four-plex differs from the
actual construction of the building, Trustee Kohler asked that Manager and
Building Inspector check construction with plans and report back.
"MID-EDINk" PARK QUESTIONED AS TO PLANS FOR HIGHNAY NO. 169.
of the Mid-Edina Improvement Association questioned plans for a park to replace the "Warden Acres" area which is proposed to be taken for new Highway #169. He
was informed that nothing can be done about a new park until the State Highway
Department's plans are definitely known,
Saying that his
Mr. Frank Uhlemann
2/26/59
* I-l*r-"ll"l*rr "- ..**'+I-..*-.. If2.E LETTER .4D?fCSUkD EX I!iiYOR. 2:ayor Bredesen asked Village Attorney Hasselquist
to secure an opinion as to the legality and propriety of the Village's mailing out
a quarterly nens letter to its citizens. He suggested an opinion from the
Attorney General both as to making up such an instrument, and, particularly as to
'$0
paying the expense of mailing. 1.k. Wedesen suggested that if it is found to be
legal to disseminate information to the public in this manner, a Public Relations
Committee be formed.
CLAiUS PAID.
January 26, 1959:
Tupa moved for payment of the following Claims, as per Pre-List dated
General Fund $9 , 617 67 Sewer Rental Fund $741 22
Const. Fund 15 , 775.60 Poor Fund 2,289.64
Vatervrorks Fund 1,480.94 Park Fund 123.63
Liquor Fund 31 106.37 TOTAL $61,135.27
and for Claim l!o. 10382, to Swant Service - I'laterworks Fund - Amount $80.00. Motion
seconded by Dickson and carried. I
DFORl%L "PLA?JI~!IKG" KZETIKi ASKED BY LLiiI~!AGER.
meeting, to make tentative plans for fire station, storm sewers, etc, Some
discussion had on time for meeting, which was tentatively scheduled €or 5:30 Pet:.
Xonday, February 9.
Manager Hyde asked for a discussion
The agenda's having been fully covered, Tupa moved adjournment. Xotion seconded
by Kohler and carried. (Record time for conduct
of Regular 1.ieeting).
tleeting adjourned at 8:45 P.1.l.
C hdd& Village Clerk