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HomeMy WebLinkAbout19601010_regularI.IINUTES OF THE REGULAR MFETING OF THE OCTOBER 10, 1960, AT 7 :00 P.Il., AT THJI EDINA VILLAGE HALL EDINA VILLAGE COUNCIL, HELD EIONUAY, Flembers answering Rollcall were Beim, Dickson, Tupa, VanValkenburg and Bredesen. MINUTES of the Regular Meeting'of September 26, and the Adjourned Portion thereof held October 3, were approved as submitted, by motion'llupa, seconded by Dickson and carried. ACTION ON IRON REIIOVAL PLANT BIDS DELAYED TWO WEEKS. Tabulation of Bids received Friday on two iron removal required storm sewer and watermain therefor. award for investigation of the various types of equipment bid. Removal Plants were as fOllOV7S: 370 IRON REMOVAL PLANTS CONST.CO CO. DRAKE CO. CONST.CO. Manager Hyde presented plants, together with He requested a two-weeks delay in Bids on the Iron K.DE1)OLPH LAYNE- PHELPS- ACTON BASE BID - Using "General I Filter'' Equipment $253,173.00 $211,529.50 $234,600.00 $238;331.00 ALTERNATE BIDS - Using Other Types of Filter Equipment. 1. FOR 2. FOR 3. FOR 4. FOR H.M.MJJ3LLER EQUIPT. - - $182,100.00 $185,303.00 TART-IDE EQUIPT. $217,956.00 - - $189,200 .OO A" .WATER SOFTENIgG WATERITE EQUIPT. - - - $163,966.00 EQUIPT . - - $187,600 .OO - LESS: ALTERNATE FOR REHOVAL OF TOILET FACILITIES AT PLANT NO. 1 $ 3,800.00 $ 2,535.00 $ 3,000.00 $ 4,237.00 Beim's mtion, for delay of award of contract until the October 24th Meeting, was seconded by Dickson and carried. COUNCIL AWARDS CONTRACT FOR WATERMAIN AND STORN SEWER FOR IRON R.EMOVAL PLANTS. Manager presented Tabulation of Bids taken Friday, shoving receipt of six bids. Northern Contracting Company is low bidder, at $30,658.50; Barbarossa 6r Sons, Inc., second low, at $34,110.00; Mnn-Kota Developers, Inc., third low, at $34,342.00; Coburn and Ileek, fourth low, at $38,790.00; Lametti & Sons, Inc., fifth low at $39,974.00; and Phelps-Drake Co., Inc., high bidder at $41,392.00. Stating he feels that the bids received for the Iron Removal Plants are sufficiently good so that there shouldn't be much question about an award, Nr. Hyde recommended award, tonight, of the Watermain-Storm Sewer Contract to the 1077 bidder, Northern Contracting Company, and Beim so moved. seconded by Dickson and carried. Motion PUBLIC HEAXING ON PROPOSED OIL STABILIZED BASE IN RICHWOOD DRIVE; SHERWOOD RD. IIOOD DRIVE. and October 6, 1960, of "Notice of Public Hearing" was presented by Clerk, approved as to form and ordered placed on file. Pursuant to notice, Public Hearing was conducted on the above entitled project. Estimate of Cost was read as $4,389.00, proposed to be assessed against 5,671.3 Assessable Feet, for $.77 per Assessable Foot. beining initiated pursuant to a substantial petition filed after completion of Sanitary Sewer; that this job is a repeat of the project in the street before sewer construction; that no assessment was either estimated or made for street reconditioning in the sewer project. He told Council that Engineer recommends Concrete Curb and Gutter and Bituminous Surface Treatment for this street; that, if the Oil Stabilized Base is constructed it should be with the understanding that if and when the street requires above-normal maintenance the Village will initiate proceedings to have permanent surfacing installed. Nr. Desmond Pratt, 5241 Richwood Drive, pointed out that there is little traffic in this area; and that the street held for five years with the stabilized base coat. He asked that the improvement be expedited, and was informed by Mr. Bredesen that the Village will not hesitate to correct this non-recommended construction and assess for same, should condition of street warrant such correction. the following Resolution and moved its adoption: FRO31 RICIIIIOOD DRIVE TO Hf?Y.NO. 169 AND EDENMOOR ST. FROM SHERIIOOD RD. TO RICH- Affidavit of Publication in Edina-11orningsi.de Courier September 29 3fanager explained that this improvement is Beim then offered 10/10/60 RESOLUTION ORDERING STREET IMPROVEMENT IMPROVEMENT NO. 0-75A OIL STABILIZED BASE 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 following proposed improvement: CONSTRUCTION OF OIL STABILIZED BASE ON THE FOLLO'GJING STREETS: Richwood Drive; Shemood Road from Richwood Drive to Hwy. No. 169; Edenmoor St. from Shemood Rd. to Richwood Dr. 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 desig- nated and shall be referred to in all subsequent proceedings as STREET IBIPROVEMZNT NO. 0-75A, and the area to be specially assessed therefor shall include all lots and tracts of land abutting the streets proposed to be improved. PUBLIC WORKS DEPARTMENT TO CONSTRUCT STREET IMPROVEMENT NO. 0-75A. Manager Hyde recommended that this project be accomp3ished by the Public Works Department because of the urgency of having it completed while the weather is favorable, and it was so ordered. OVERHOLT PROPERTIES, INC. =QUEST FOR DRIVENAY ON SHERWOOD ROAD SET OVER FOR THO WEEKS. Mr. Desmond Pratt, 5241 Richwood Rive, asked Council to delay action for two weeks on the above entitled matter, so that the Richwood Drive- Edenmoor-Shemood Road area neighbors could be heard. Council asked that neighbors consider both the reason for the request (Highway's new traffic control plan at Shemood-&vy.#l69 Corner) and the actual plan, in presenting their arguments. was seconded by Tupa and carried. in area, andMr. Pratt agreed to do so. Dickson's motion that request be laid over for two weeks Council asked Mr. Pratt to notify people PUBLIC HEARINGS ON PROPOSED ASSESSIrlENTS: Publication in Edina-Morningside Courier September 22 and 29, 1960, of "Notice of Assessment Hearings", which were approved as to form and ordered placed on file; and, pursuant to said Notice the following Public Hearings were conducted, and action was taken as hereinafter recorded: Tabulation of Assessment was read as follows: proposed to be assessed against 1,039.9 Assessable Feet, for $3.26 per Assessable Foot, as compared with Improvement Hearing Estimate of $4.23. is for the BLACKTOPPING OF RIDGE ROAD FROM INTERLACHEN BLVD., NORTH TO AND INCLUDING CUL-DE-SAC. No objections were offered at the Hearing, and none had been received prior thereto. Adopting and Confirming Assessment). BLACKTOPPING OF ST.JOWNS AVENUE FROMW.58TH ST. TO S. LINE OF LOT 22, BL. 6, FAIRFAY. Total Assessable Cost was read as $1,139.81, proposed to be assessed against 297.6 Assessable Feet, for $3.83 per Assessable Foot, as compared with Improvement Hearing Estimate of $4.45. Hearing, and none had been received prior thereto. Clerk presented Affidavits of 1. PUBLIC HEARING ON PROffOSED ASSESSMENT FOR STREET IMPROVEMENT NO. A-146 Total Assessable Cost, $3,390.07, This Improvement (See Resolution of later in Meeting, 2. PUBLIC €EARING ON PROPOSED ASSESSMENT FOR-STREET IMPROVEMENT NO. A-147 * No objections were registered at the Diclcson offered the following Resolution and moved its adoption: RESOLUTION ADOPTING AND CONFIRMING ASSESSMENTS FOR STREET IMPROVEMENTS N0S.A-146,147 BE IT RESOLVED by the Village Council of the Village of Edina, Minnesota, as follot.Js : It is hereby found, determined and declared that the proposed assessments for STREET IIQROVEMENTS NOS. A-146 and A-147, and each of them, have been properly calculated in accordance with the provisions of Minnesota Statutes, Section 429.051 and 429.061, that notice has been duly published as required by law, that this Council would meet to hear and pass upon all objections, if any, to amend said proposed assessments as might be necessary, and to adopt the same by resolution; that said proposed assessments have at all times since their filing been open for public inspection, and opportunity has been given to all interested persons to present their objections; and that each of the lots, pieces and parcels of land enumerated in the respective assessments was and is specially benefited by the construction of the improvement for which such assessment is levied in the amount set opposite the description of each such lot, piece and parcel of land, respectively. 1. ' 2. The amounts so set out are hereby levied against the respective lots, pieces and parcels of land described in.said respective assessments, and said proposed assessments are hreby adopted and confirmed as the proper special assessments for said improvements, respectively. Tne assessment against each lot, tract or parcel, together with the interest accruing on the full amount thereof from time to time unpaid, at the rate of five percent per annum from the date of this resolution, shall be a lien concurrent with general taxes upon the property described therein and all thereof. The total amount of each such assessment shall be payable in equal annual installments extending over a period of five years, the first of said.installmznts, together vith interest on the entire assessment from the date hereof to December 31, 1961, to be payable with the general taxes for the year 1960, and one of the remaining installments with one year's interest on that and all subsequent installments, to be payable with general taxes for the years 1961 through 1964, collectible in the respective ensuing years. of any lot, piece or parcel of land assessed hereby may pay the 77hOb.3 of such assessment or any installment thereof without interest to the Village Treasurer and thereafter such payment may be made with accrued interest, to the County Treasurer; provided that if any assessments or installments thereof be prepaid to the Village Treasurer, he shall promptly notify the Village Clerk and County Auditor, and the assessment or installment so prepaid shall be cancelled on the books of the County Auditor. The Clerk shall, as soon as may be, prepare and transmit to the County Auditor a certified duplicate of said assessments, with each then unpaid install- ment and interest set forth separately, to be extended upon the proper tax lists of the County, and the County Auditor shall thereafter cause said assessments to be collected in the manner provided by law. as the ASSESSI4ENT ROLL FOR STREET IIIPROVEIENTS NOS. A-146 AND A-147, and all amounts collected dn respect of the assessments therein contained shall be similarly designated by the County Treasurer and remitted to the Village Treasurer and by him credited to the DIPROVEHENT BOND REDEf.IPTION FUND. 3. Prior to certification of the assessment to the County Auditor, the owner 4. Said duplicate shall be designated Notion for adoption of the Resolution was seconde f VknValkenburg, and on Rollcall there were five ayes and no nays, as fOl1017S: 8 eim, aye; Dickson, aye; Tupa, aye; lkenburg, aye; and Bredesen, aye; and the" Resolution PUBLIC HEWUKG ON PETITION TO CHANGE NAME' OF "EL RANCHO TRAIL" TO "PRESCOTT CIRCLE". Clerk presented Affidavit of Mailing on October 3, 1960 to all affected property owners "Notice of Hearing", and pursuant to said notice, public hearing was conducted on the above-entitled petition. There were no objections offered at the Hearing, and none had been received prior thereto. Manager Hyde told Council hearing had been initiated on the petition of several property owners on the street. the following Ordinance, moving that Council dispense with second reading and adopt Ordinance as submitted: Dickson offered ORDINANCE NO. 164-17 AN ORDINANCE &SENDING VILLAGE OF EDINA ORDINANCE NO. 164 ENTITLED "AN ORDINANCE NAMING AND REN&iING CERTAIN ROADS, STREETS AND AVENUES OF THE VILLAGE OF EDINA Section 1. Ordinance No. 164 of the Village, as amended, is hereby further TE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS: amended by adding after Section 31 the following: 1 "Section 32, That street now knopm as "El Rancho Trail", lying in El Rancho Addition as the same is of record in the'office of the Register of Deeds, is hereby renamed PRESCOTT CIRCLE. Section 2. This Ordinance shall be in effect from and after its passage and publication. Ordinance PUBLIC HEARINGS ON PROPOSED ZONING CHANGES: cation in Edina-Horningside Courier, and of Mailing to affected property owners, of "Notices of Public Hearings on Petitions for Rezoning, and "Notice of Public Hearing on Petition for Special Permitf1, which affidavits were approved as to form and ordered placed on file. were conducted, and action taken as hereinafter recorded. Clerk presented Affidavits of Publi- Pursuant to said Notices, the following Public Hearings 10/10/60 1. PUBLIC HEARINGS ON PETITIGNS OF DR. E. P. DONATELLE FOR THE P3ZONING OF LOTS 11, 12 AND 13, BLOCK 21, FAIRFAX ADDN. C6113-6121 WOODDALE AUgNUd) FROM OPEN DEVELOPMENT DISTRICT TO COMMUNITY STORE DISTRICT, AND FOR THE REZONING OF LOT 7, BLOCK 21, FAIRFAX (6124 KELLOGG AVENUE) FROM OPEN DEVELOPMENT DISTRICT TO AUTOMOBILE PARKING DISTRICT. Planning Cormnission has recommended favorably on these petitions; that, at a meeting held with the neighbors on Thursday, October 6, they asked .for some revisions, to which Dr. Donatelle has agreed; namely, that their be no access to parking on Lot 7 from Kellogg Avenue; that this lot be for employee parking only; and that that parking between the proposed clinic building and the rear lot lines of 6112-16-20 Kellogg be "clinic parking only", with the lot closed when the clinic is closed. Mr. Hite site plan for the .clinic-drug stor building proposed to be built, together with acchitect's sketch of the proposed building. Mr. John Patterson, 6120 Kellogg, told Council he is concerned with. the elevation of the wall, which Dr. Donatelle has agreed to build between his property and the proposed parking lot. Dr. Donatelle told Council it is his intention to buffer the parking lot in such manner as is satisfactory to the neighbors; that this will have to be worked out later on. Mr. John I(istLz, 6101 Booddale, expressed his concern with the disposition of the two vacant lots between his house and the property now under consideration. 'Commission believes that Community Store zoning should be extended no further north on this street. Mr. Bing, owner of the two lots, told Council he would like to have them rezoned to Community Store--that across the street from the National Tea Store and next door to a clinic is no place to build a double bungalow (the two lots are now zoned for double bungalow). Bing to bring his request before the Planning Commission, honoring Dr. Donatelle's petitions was seconded by Tupa and unanimously carried. (See Ordinance adopted later in Meeting, Amending Zoning Ordinance). Planning Director Hite reported that the He was informed that the Planning Nr. Hite asked Mr. Dickson's motion 2. PUBLIC HEARING ON THE PROPOSED REZONING OF THE FOLLOWING DESCRIBED PROPERTY: A. OUTLOTS 2, 3 AND 4, TOWN REALTY'S EDINA TERRACE. B. THE NORTH 462 FT. OF THE EAST 536.67 FT. OF THE NE1/4 OF NW1/4 OF C. SEC. 29, TiJP. 28, RANGE 24. SEC. 29, T@P. 28, RANGE 24 THE EAST 440 FT. OF THE SOUTH THREE CHAINS OF THE N1/4 OF NW1/4 OF FROM OPEN DEVELOPMENT DISTRICT TO MULTIPLE RESIDENCE DISTRICT. located between the Crosstown Highway and W.63rd St. and between Xerxes Avenue and Beard Avenue extended. plan for this area, told Council that Planning Commission has recomcndad favorably to the request for rezoning. ryIessrs. Ralph Sampson, 6121 Zenith, Chas. Sedgewick, 6124 Abbott, and Replich, 62nd and Beard, all stated their concern over the character of the buildings to be permitted in this district. Village Attorney Hasselquist told the ordinance permits 25-story buildings-- which can also be built in the Open Development District. Mr. 193. F. O'Neill, 4812 Roycar Road, told Council he believes objections from north of the Cross- town Highway are not valid--that these residences are too far away to be affected by any change in ownership. that experience has shown that apartments built in Edina are of a character in keeping t7ith private residences in'respective neighborhoods. there are approximately ten acres proposed to be rezoned. Rezoning of the above described property from Open Development District to Nultiple Residence District. there were five ayes and no nays, and motion carried unanimously. offered the following Ordinance, moving that Council dispense with second reading and adopt Ordinance as submitted: This property is Planning Director Hite, presenting rhe proposed road I Mr. Bredesen told audience he believes It was noted that Beimmoved for the Motion was seconded by Dickson, and on Rollcall Beim then ORDINANCE NO. 261-57 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF EDINA BY ESTABLISHING ADDITIONAL MULTIPLE RESIDENCE, AUTCMOBILE. PARKLNG, i ANlY.COMMUN3XY STORE DISTRICTS THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA,*MINNESOTA, ORDAINS: Section 1. Section 4, Multiple Residence District, of Ordinance No. 261 of the Revised Ordinances of the Village of Edina, as amended, is hereby amended by adding at the end of paragraph 1 of said Section 4 additional sub-paragraphs as fOll0~7S : (g) "(f) Outlots 2, 3 and 4, Town Realty's Edina Terrace. The North Four Hundred and Sixty-Two Feet (462 Ft.) of the East Five Hundred and Thirty-Six and 67/100 Feet (536.67 Ft.) of the Northeast 'One Quarter of the Northwest One Quarter (NE1/4 of NW1/4) of Section 29, Tox~mshrip 28, Range 24. The East Four Hundred and Forty Feet (440 Ft.) of the South three chains of the North One Quarter of the Northwest One Quarter (N1/4. of NWl/4) of Section 29, Township 28, Range 24." (h) I Szction 2. Section 5, Automohile Parking District, of Ordinance No. 261 of the revised oruinaucd:u 02 L~Z VLllage of Edina, as amended, is hereby further amended by adding at the end of paragraph 1 of said Section 5, an additional sub-paragraph, as follo~7s : "(h) Lot Seven (71, Block Twenty-one (21), Fairfax Addition." Section 3. Section 6, Community Store District, of Ordinance No, 261 of the revised 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 fo~lov7s : "(mm) Lots Eleven, Tvelve and Thirteen (11,12 and 13), Block Twenty-One (21), Fair €ax Addition. Section 4. This Ordinance shall be in full force and effect from and after its passage and publication. Notion for waiver of second reading and adoption . pP9jrdinance as submitted ~7as seconded by Tupa, .and on Rollcall there were fiv; ayes and no nays , as follows : Beim, aye; Diclcson, aye; Tupa, aye; VanValke&urg, aye; and Bredesen, aye; and rdinance 17as adopted. 3. PUBLIC HEARIEG ON PETITION OF m. IIAYNE FIELD FOR PERMIT TO CONSTRUCT AND MAINTAIN A NURSIEG HOME ON TIlOSE PORTIONS OF OUTLOTS 3 AND 4, TOUR REALTY'S EDINA TERRACE LYING SOUTH OF CROSSTOWN HIGB-IAY. Again presenting the road lay- out of this proposed area, Planning Director Hite zeported the Planning Commission's favorable recornendation' on this request for a Nursing Home to accommodate: 72 beds. -4n architect's sketch o€ the building, and a site plan,'were presented,. stated that the building will face interior roads, rather than the Crosstoyn Highway. is €avorable because (1) Commission €eels there is a real need for this service in the community. (2) Commission believes this is a good site €or this type of establishment. character in keeping with the surrounding area. stating the Commission feels that the parking provided in the site plan is more than adequate for the presently-proposed 72 beds. Tupa were of the opinion that this type of establishment could be classified as "comm&rcial"; and Nr. Field told Council that Minneapolis, Bloomington and Nhite Bear also, allow nursing homes in their Nultiple Residence Districts. Hasselquist told Council that while there could be some argument on this point, berhaps, he believes that nursing homes conform better to requirements of multiple residence zoning than to those of community store zoning; that there is a great difference between a nursing home and the ordinary type of commercial venture t7e think of as community store use. Nr. Charles Sedgewick, 6124 Abbott, stated that he F7Odd prefer to see this type of construction, rather than 2%- story a9artmznts. objections had been received prior thereto. nursing home ~7as seconded by Beim and carried, with 14ayor Bredesen voting no. It was 14r. Hite told Council that the Planning Commission's recommendation (3) Commission is of opinion that the plan presented 5s of a Parking was' discussed, Mr. Hite Mayor Bredesen and Trustee Mr.. There ~7ere no objections offered at the Hearing, and no written Dickson's motion granting permit for II4PROVE;L.IENT PETITIONS ACCEPTED. >lent Petitions and referring them to Engineering Department for programming, ~7as seconded by Beim and carried: Dickson's motion accepting the follo~~ing Improve- OILING - Grove St., Merold Drive, T.lycli€fe Drive, all in Edina Highlands OILING - I4ildred Ave., tI.63rd St. to 17.64th St. (For Spring, 1961 T70rk). Lakeside Addn. POLICE REPORT MARTS'S SERVICE STATION CLOSIRG EARLIER. Report on closings at Narty's Service Station, reporting that they have been good, generally. Mr. Hyde submitted Police PUBLIC HEARING SCHEDULED'FOR OCTOBER 24 ON SOUTHDALE HOLDIKG COXPANY PETITION FOR INCLUSION OF CERTAIN PROPERTIES IN DISTRICT ASSESSABLE FOR COST OF STORM SEWER-- LATERAL NO. 1 OF IS,AT.N NO, 3. Nanager reported that Southdale Holding Company would like action by Council on its petition for inclusion of the #4010 Building property in the district to be assessable for the above entitled storm sewer. a pb#lic hearing on &e matker on October 24, and Tupa offered the following Resolution and mved its adoption: He suggested 10/10/60 199 RESOLUTION PROVIDING FOR PUBLIC HEARING PROPOSED STCXRM SEHER DSE'ROVEPBNT EE IT RESOLVED by the Council of the Village of Edina: report as to the feasibility of the proposed Storm sever Improvement described in the Form of Notice of Hearing set forth below, and as to the estimated cost of such iqrovement, said report is hereby approved and directed to be placed on file in the office of the Village Clerk. 2. This Council shall meet on Nonday, October 24, 1960, at 7:OO P.H., in the Edina Village Eall, to consider in public hearing the views of all persons interested in said proposed improvement. place and purpose of said meeting to be published in the official newspaper 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 sub- stantially the following form: 1. The Village Engineer, having submitted to the Council a preliminary 3. The Clerk is hereby authorized and directed to cause notice of the time, NOTICE OF PUBLIC HEARING ON PROPOSED STORM SEWER IMPROVEPENT EDINA VILLAGE COUNCIL will meet at the Edina Village Hall on Monday, October 24, 1960, at 7:OO P.N. , to consider the addition of the following described property to the area proposed to be assessed for the cost of construction of LATERAL NO. 1 OF MAIN NO. 3 - Construction of Village Storm Sewer and Appurtenances beginning at pond approx. 20 Ft. V. of centerline of Valley View ?Ad. and approx. 250 Ft. S. of centerline of Crosstown Highway; th. NEly along Crosstom Highway to a pt. approx. 150 Ft. W. of Centerline of Xerxes Avenue - ESTINATED COST, $85,755.69: All Lots and Tracts of land within the following described boundaries: "Starting at the NI-7 Cor. of Lot 2, El. 1, Southdale Office Park Second Addn.; th. Ely along the N. line of said Lot 2 a dist. of 120 Ft. to pt. of Beginning; th. S. 170 Ft. more or less to S. line of said Lot 2; th. SEly along S. line of Lot 2 and continuing along the S. line of Lot 1, B1. 1, Southdale Office Park Second Addn. to a pt. that is due S. of a pt. on the N. line of said Lot 1, 260 Ft. E. of the pt. of beginning; th. N. to said pt. on the N, line 260 Ft. E. of the pt. of beginning; th. l7. along the N. line of Lot 1 and Lot 2 to pt. of beginngng." All objections and recormnendations will be heard at said meeting. GRETCHFN S. ALDEN Village Clerk Motion for adoption of the Resolution rilas secondsby VanValkenburg, and on Rollcall there were five ayes and no nays, as follows Beirn, aye; Diclcson, aye; Tupa, aye; VanValkenburg, aye; and Bredesen, aye; .and, ti? e Resolution 17as adflted. I COUNCIL OPPOSES TREASURY'S PROPOSED TO TAX INTEmST ON lfUNICIPAL BONDS IN J3kdDS OF INSURANCE COEPANIES. Law Officers' protest to the proposal by the Department of the Treasury to tax insurance companies for interest on municipal bonds. Stating that insurance . companies are some of the largest buyers of municipal bonds, and that the sale of said bonds will be a difficult pmoposition if the Treasury Department's proposal becomes law, Mr. Hyde recommended that the Council adopt a protesting resolution for transmittal to congressional representatives. Concurring in Mr. Hyde's recornendation, Trustee Beim offered the following Resolution and moved its adoption : Manager Hyde reported the National Institute of Xunicipal 10/ 1O/60 I OFFICIALS APPOINTED FOR NOV~IBER 8, 1960 BENERAL-VILLAGE ELECTION. Clerk presented nominations for Election Officials, with comment that more officials are being appointed for this election, to expedite the large vote expected. requested a report from the Chairmen as to working conditions, after the Election, for use in the next General Election. of the folloving Election officials, and empo~rering Village Clerk to make such additional appointments as she considers necessary was seconded by VanValkenburg and carried. . r. DISTRICT NO. 1 - BOODDNLE SCHOOL - Efr. Paul 3. Bedge and Nrs. Marjorie S. Rossiter, Co-Chairmm; Kmes. Berta T. l.icCraney, Eiillicent R. Tome, Marjorie ,NcCall, Camille Kortum, Irene Barker, Janes Hawthorne, Nary $loss, 2-laxine Pearson, Helen Hitch, T7m. Kaiser and Grace Odell. DISTRICT NO. 2 - VILLAGE HALL - 31r. Chas. F. Pearson and llrs. Nellie Strate, Go-Chairmen; Fmes . Marian Bailey, Frances Sonnenberg, Helen $1. Hall, Dorothea . Obermeyer, Doris Hartshorn, Helen Walkup, Shirley Taylor, Erma Hoyt, and Hr. John Petlcus. Co-Chairmen; $ktes. Ruth 11. Zipoy, Audrey Berglund, Ella A. !Weeney, Norma B; Halloran, Edith t?aste, Consrancr Ryan and Claire Bjorness. DISTRICT NO. 4 - CONCORD SCHOOL - Mr. Byron Olson, Chairman; E5mes. Virginia Ashenbrenner, Helen L. James, Alameda Kenerson, Eunice Carlson, Betty Ann McKaig, Nary Ryan, Frances Bunnell, LaVerne Fevold, Louise Finch, Muriel Thomsen and Elaine Stevens. Chairmen; %es. Gladys Cameron, Lorraine Hasselquist, Mary J. Karr, Marie Kane, Gladys Barnes, Geneva Smith, and June Dreher. DISTRICT NO. 6 - SHEPEERD OF HILLS CHURCH - Nr. Thos. J. Davies and Elrs . Olga Bye, Co-Chairmen, Ymes. Hilma Spencer, IIyrifle Nyhr and Ida Nakela. DISTRICT NO. 7 - EDINA HIGHLANDS SCHOOL - Mr. Jason N. Quist and Mrs. L. Jones, Co-Chaipen; Ehes. Margaret Borsch, Alice NcFadzean, Lela Hagen, Mary Nright, and R.D. Young, Jr. Manager Hyde added that it is his intention to have village employees at the polls to help to expedite the vote. Trustee Beim Tupa's motion, approving the.appointment DISTRICT NO. 3 - JWJIOR HIGH - Mr. Ralph B. Campbell and Nrs. .Florence Hallberg, DISTRICT NO. 5 - CAHILL SCHOOL - Hr. E. B. Haedeka and Nrs. Lil. Kesler, Co- ACTION ON PETITIONED VACATION OF VIRGINIA LANE BETUEEN ASHCROPT AVENUE AND CONCORD AVENUE DELAYED PENDIEG BIDS ON STORM SEWER DIPROVEXE3T NO. 51 (LATERAL 10 OF EWN I). Nessrs.Stehr, Jackson and Glomsrud were present to hear Nanager Hyde read the report of 3lr. Douglas Barr of Adolph 24eyer &Associates, Consulting Engineers, relative to use of Virginia'Lane in storm sewer project. Report stated that if Virginia Lane is to presented are as fOl10vS: Ave., and carried north to Valley View Rd. lowering proposed Valley View Storm Sewer from Concord to Ashcroft. $13,600. This presumes storm water picked up at Virginia Lane-and Concord Ave; carried east along an easement in location of present Virginia Lane to Ashcroft Avenue and th. north to Valley View Rd. Storm sewer would be made large enough to handle runoff from fairly severe storm without help from surplus overflow along easement. Estimated cost, $7,690. 3. in vacated Virginia Lane to Ashcroft Avknuc; th. north to Valley View Rd. cost, $6420. in this case storm water handled is only that from minor storms, and additional ease- ment w0Uld be obtained to permit surplus storm water to overflow along present Virginia Lane to Ashcroft Ave., where it VJOUld then flow in the street, to tother storm sewer intakes. Hr. Hyde told Council that Nr. Barr's Estimate of Cost for Alternate No. 2 ($7;590.00) does not include the cost of repairing the new Blacktopping on Ashcro€t Avenue between Virginia Lane and Valley View Road; that he is afraid that cost of Putting Sewer in Ashcroft Ave. Blvd. would be very expensive because of difficulty be vacated there must be additional storm sewers to carry the water. The Alternates 1. This presumes that storm water will be picked up at Virginia Lane and Concord Will be expensive because of necessity of Estimated Cost, 2. Water picked up at Virginia Lane and Concord; carried east along right-of-way Estimated Report explained that although this is the same route as Alternate 2, Virginia Lane, 7 *- avoiding utilities house connections. He told Council that the streetdis f t'; not actually needed for traffic and safety purposes, but that it is needed for drainage purposes. Mr. Jackson told Council that if the street is curb-and guttered and blacktopped, it will be for only storm sewer purposes-that owners of abutting properties do not want these improvements and do not want to pay for them as street improvements. Manager suggested biddLng storm sewer in alternate ways - 1. Putting in sewer in "vacated" Virginia Lane, and -in Ashcroft Ave,, with alternates on tearing up blacktop vs. putting sewer in curb. 2. Curb SL Guttering and Blacktopping Virginia Lane, s37ith water to flow above ground on Ashci-oEL; die idea being to assess property owners abutting Virginia Lane an additional amount on the first alternate. storm sever, and it was so ordered. He suggested that action on Vacation await bids on the HEARING ON SE/IILDEN-YUND REQUEST FOR STORM SEWER TO DRAIN FRO14 INTERSECTION OF 11.56TH ST. AND KCRROR LNCES DRIVE INTO HAWKES LAICE POSTPONED AT REX0N"DATION OF VILLAGE ENGINEER. Engineer Zikan told Council that because the Cardarelle plan for requested storm sewer is not complete, and because he has had requests for additional drainage facilities in this immediate area--which should be incorporated into the Smilden-Yund plan--he will not have plan and estimate ready in time for a Hearing to be held on October 24. Hearing to an indefinite date this winter, and it was so ordered, by motion Tupa, seconded by Dickson and carried. I Iie suggested postponing ELECTRICAL CODE MEETING ANNOUNCED. Mr. Hyde invited all Councilmen interested to a meeting to be held Tuesday, October 11, at the Boulevard, at 12 Noon, to discuss with building officials and contractors the matter of an Electrical Code. PARK LOTS SALE TO BE CONTINGENT UPON DEED RESTRICTION AGAINST BUILDING ON SMALL LOT. Mr. Eyde presented to the Council the Park Board's recommendation for the sale of Lots 1 and 2, Block '1, Lake Cornelia Park Addition at $4,500 plus payment of special assessments; that purchaser Laub will consent to not building on these lots for at least five years. Mayor Bredesen told Council that I&. Crinkley of the Park Board had previously told him that neighbors protest any dwelling, ever, on the smaller of the two lots; and it was decided that sale of lots be approved at the price offered, subject to deed restriction on smaller lot preventing building thereon. Manager Hyde told Council he is not at all sure that the prospective purchaser will agree to this restriction, but he will report at a later date. ZONING VARIANCE REQUESTS TO BE HEARD IN PUBLIC HEARING ON OCTOBER 24. Director Hite reported the Planning Commission's favorable recommendations of Planning I October 1. 2. 3. 4. 5, 1960,- on khe following Eequests: home at 5800 HANSEN ROAD (LOT 1, BLOCK 1, E.V. I(L0PP'S SUBD.)for purpose of building addn. to garage. CLARENCE FRIEGANG - Request for five-foot side yard on south side of 6 129 Normandale Road. RUTH JOHNSON - Request for permission to plat Lot 17, Block 1, Peacedale Acres into five lots, four of which would have a depth of 116 feet and one of 96 feet, rather than the required 120 feet. ALVIN BORN - Request for permit to divide his land at 6125 Normandale (Parcel 7700, Sec. 19-28-24) into two lots having less than less than the 15,000 sq. ft. required of lots without sewer and'having depth of less than 90 feet. FICANK COLE" - Request for a ten-foot side yard on north side of his Dickson's motion that Council schedule Public Hearings on .these requests for Nonday, October 24, was seconded 'by Beim and carried. OCTOBER 24- SCHEDULED AS HEARING DATE FOR BALTHROP REQUEST FOR PERMIT FOR THO- FAMILY DWELLING AT 4824 TJ.7OTH ST. (LOT 6, SMILEY'S ADDN.) Planning Commission's favorable recommendation to the request of Mr. Bill Balthrop for permit to build a two family residence. Architect's sketch of proposed dwelling was shown to Council; and Beim moved scheduling Hearing on request for Monday, October 24. Notion seconded by Tupa and carried COUNCIL LEARNS COB.IEIISSION HAS DENIED REQUEST FOR TWO FAMILY DWELLING AT 4132 t.1.62ND ST. Council reviewed Planning Commission's recommendation for denial- of Mr. Roy Peterson's request for double dwelling immediately adjacent to park, at 4.132 W.62nd St. STOW'S DELANEY ADDITION-McCOY REPLAT PRELIMINARY APPROVED. Council reviewed Planning Commission's October 5th recommendation for approval of this five-lot replat of Outlots 1 and 2, Stow's Delaney Addition (SW corner W.70th St. and Heatherton Trail), four of which lots face TJ.7Oth St., and the other on Heatherton Trail. by Dickson and carried. Tupa's motion for approval of Preliminary Plat ~7as seconded I-JILCRF;" S FIRST ADDITION PRELIMINARY PLAT APPROVED. Preliminary Plat, in accordance with Planning Commission's recomendation of October 5, ~7as seconded by Tupa and carried. approximately Hankerson Avenue. Dickson' s motion approving this This property is north of Interlachen Blvd. at SOUTHDALE OFFICE, 69TH AND FRANCE, PRELININARY PLAT APPROVED. Preliminary Plat of the six acres at SJ Cor. TJ.69th and France t7as presented, carrying Planning Cqmmission's recommendation for approval. that this vi11 be an office building development; that all buildings will front on the street with parking facilities in the interior of the lots. roadways are to be private and maintained by the adjacent lots. a Regional Shopping District, which permits offi.ce buildings. that lor boundaries, as set forth in Preliminary, may be changed begore Final Plat, depending on sales negotiations. Dickson's motion, that Preliminary Plat be approved,was seconded by Tupa and carried. Nr. Robert Crabb. of Southdale Holding Company explained All interior This are is in llr. Crabb explained I SOUTHDALE ACRES II ADDITION PRELIIIINARY PLAT APPROVED. replat of Outlot 2, Southdale Acres, ~7as presented carrying Planning Commission:s October 5th recommendation for approval. all within the Nedical District and vzould be used for doctor&! office buildings. Beim's notion approving Preliminary Plat was seconded by Diclcson and carried. This plat, being a proposed ItP7as pointed out that this property is HILIBALE ADDLTIO??- SELKEN REPLAT ~PLIl~lINARY APPROVED. recommendation of October 5th ~7as reviewed. Plat is €or subdivision of Lot 10, Planning Commission' 6 approving Block 1, Hilldale Addition into two lots2 restrictions against subdividing; that each.of the proposed-to-be-divided lots is larger than the surrounding properties. It ~7as pointed out that there are no Tupa's motion €or approval of Preliminary , Plat was seconded by Beim and carried. I*lcCAULEy 'HEIGHTS-WLA PdPLAT--FINAL PLAT APPROVED. recomendation of October 5 was reviewed, relative to this three-lot replat of Lot 4, IlcCauley Heights (6720 Indian Hills Road); and VanValkenburg moved that Final Plat be approved in accord with Commission's recommendations. Planning Commission's favorable I(0HLERIDGE SECOND ADDLTIOX-FINAL PLAT APPROVED. Planning Commission's October 5th favorable recommendation was reviewed, and Tupa moved for approval of Final Plat subject to approval of engineering plans submitted and presentation of Per€ormance Bond for grading, gravelling, sanitary sewer and water laterals. lotion seconded by Beim and carried. EDINA HIGHLANDS AREA SEXIER TO BE PROPOSED EXCLUDING "0 LOTS . Engineer Zikan told Council he has just received a report from the Consulting Engineers that the.re are two lots in the proposed EdinaHighlands area sanitary sewer which cannot be served without a great additional cost to the balance of the area. lir. Zilcan recommded that these two lots be excluded from the assessment for the propmi: laggral sewer with the understanding that if they are ever built on ,they will/mainEain tf@r own private sewer lift stations. The Council accepted this recomendation. (See Resolution scheduling Hearing). PUBLIC BEARINGS SCHEDULED ON 'PROPOSED IMPROVEMENTS. Council schedule Hearings for October 24, on Sanitary Seyer and ?;latermain for the Edina Highlands area, and for Storm Sewer in the Kaymar Drive area; plahs for which have been developed by Village Consulting Engineers. Bennett of Ayrshire Blvd. is discussing the Edina Highlands Improvements 17ith his neighbors. Engineer Zikan suggested that FIr. Hyde reported that Mr. Dickson offered the following Resolution and moved its adoption: R%SOLUTION PROVIDING FOR PUBLIC HEARINGS ON PROPOSED SANITARY SEI.IER, STON4 SEVER AND I;IATEN*lAIN IllPXOVEBlENTS BE IT RESOLVED by the Council of the Village of Edina: as to the feasibility of the proposed Sanitary Sewer, Storm Sewer and Watermain Improvements described in the Forms of Notices of Hearings set forth beh7, 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. Edina Village Hall, to consider in public hearing the views of all persons interested in said proposed improvemznts: The Clerk is hereby authorized and directed to cause notice of the time, place and purpose of said meting to be published in the official newspaper 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 notices shall be in substantially the following forms: 1, The Village Engineer, having submitted (to the Council a preliminary report I 2. This Council shall meet on Monday, October 24, 1960, at 7:OO P.M., in the 3. 10/10/60 203 , (1) NOTICE OF PUBLIC IIF,ARING ON PROPOSED SANITARY SEWER IMPROVEMENT .* EDINA VILLAGE COUNCIL will meet at.the Edina Village Hall on Monday, October 24, 1960 at 7:OO P.M., to consider the following proposed improvement to be con- structed under the authority.granted by Minnesota Laws of 1953, Chapter 398. The approximate cost of said improvement is estimated by the Village Engineer . as set forth below: ESTIMATE OF COST CONSTRUCTION OF VILLAGE: SANITARY SEWER AND APPURTENANCES IN THE FOLLOWING: Duncraig Road from the north end of Duncraig to Ayrshire Blvd.; Ayrshire Blvd. from Duncraig Road to the South side of State Highway #169; thence southwesterly across the Village Part to the intersection of PJarden Ave. and Carol Drive. $62,532.48 includes all lots and tracts of land abutting the above described streets. The area proposed to be assessed for the cost of the Sanitary Sewer I GRETCHEN S. ALDEN Village Clerk (2) NOTICE OF PUBLIC HEARING ON PROPOSED WATERMAIN IMPROVEMENT EDINA VILLAGE COUNCIL will meet at the Edina Village Hall on Nonday, October 24, 1960 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. The approx- imate cost of said improvement is estimated by the Village Engineer as set forth be low : IN THE; FOLLOVING: thence westerly on an easement to Lochloy Drive; CONSTRUCTION OF VILLAGE PJATERMAIN AND APPURTENANCES Duncraig Road from Ayrshire Blvd. to the north end of Duncraig; Ayrshire Blvd. from Lochloy Drive to State Highway 1,169; State Highway 3169 from Ayrshire Blvd. to Hansen Rd. The area proposed to be assessed for the cost of the Natermain includes all lots and tracts of land abutting the above described streets. (3) EDINA VILLAGE COUNCIL 1960 at 7:OO P.M., to GRETCHEN S. ALDEN .. Village Clerk NOTICELOF PUBLIC HEARING ON PROPOSED STORM SEWER II4PROVEMENT will meet at the Edina Village Hall on Monday, October 24, consider the following proposed improvement to be constructed under the authority granted by Minnesota Lams of 1953, Chapter 398. The approx- imate cost of said improvement is estimated by the Village Engineer as set forth belob7 : ESTINATE OF COST CONSTRUCTION OF VILLAGE STOPX SEWER AND APPURTENANCES IN THE FOLLOVING: Starting at a point on Blake Road which is 426 Ft. South of the centerline of Kaymar Drive; thence.north a distance of 215 Ft.; Also, starting at a point on Kaymar Dr. which is 125 Ft. E. of the centerline of Blake Rd.; th. NEly to Jeffrey Lane; th, NWly on Jeffrey Lane to a point which is 65 Ft, E. of the centerline of Leslee Lane and 5 Ft. N. af the S. line of Lot 1, Block 1, Les Anderson's Highwood Second Addn.; th. Ely and parallel to said S. line of said B1. 1, to its intersection with the E. line of Lot 3 in said B1. 1; th. N. to NE Cor. of said Lot 3; th. NbJly to SE cor. of Lot 12 in said B1. 1; th. N. along E. line of said Lot 12 a dist. of 140 Ft.; Leslee Lane and 5 Ft. N. of the S. line of Lot 1, El. 1, Les Anderson's Highwood 2nd Addn.; th. Wly to Leslee Lane. $23,740.64 The area proposed to be assessed.for the cost of the storm sewer includes all lots and tracts of land within the following described boundaries: "Beginn, at the intersection of the centerlines of Kayrnar Drive and Blake Rd.; th. N. to the intersection of the centerlines of Blake Rd. and Jeffrey Lane; th. E. along the centerline of Jeffrey Lane to a pt. 65 Pt. I*J. of the centerline of Leslee Lane; th. N. to the NE Cor. of Lot 15, B1. 1, Les Anderson's Highwood 2nd Addn.; th. E. to SbJ Cor. of Lot 3, B1. 3, Luce Highwood Addn.; th. N. along the W. line of said Lot 3, to a pt. which is 75 Ft. S. of the centerline of Saxony Rd.; th. E. and parallel with the center- line of Saxony Rd. to a pt. in the W. line of Lot 1 of said B1. 3; th. N. along the W. line of said Lot 1 and its northerly extension to the centerline of Saxony Rd.; th. Ely along said centerline to its intersection with the Nly extension of the E. line of Lot 2, B1. 2, Les Anderson's Highwood Addn.; th. S. to the SE Cor. of said Lot 2; th. E. along the N. line of Lot 8, B1. 1, Les Anderson's Highwood 2nd Addn. to a pt. which is 75 Ft. I?. of the centerline of West Highwood Dr.; th. SEly and parallel with the centerline of Vest Highwood Drive to its intersection with the south line of Lot 6, 131. 1, Les Anderson's 2nd Addn.; th. E. to a pt. in the N. line of Lot 15, B1. 3, Valley Park, which is 80 Ft. I?. of the centerline of Highwood Drive; Also, starting at a pt. which is 65 Ft. E. of centerline of th. S.Land parallel with said centerline of Highwood Drive to its intersection with the N. line of Lot 11, B1. 3, Valley Park; th. S?ly to the S7 Cor. of said Lot 11; th. NWy to a pt. in the N. line of Lot 10, of said B1. 3, Valley-Park, said pt. being 80 Ft. E. of the centerline of Kaymar Dr.; th. 17. along the last described N. line and its Wly extension to the centerline of Kaymar Dr.; th. N., N7ly and Sqly along the centerline of Kaymar Dr. to the pt. o€ beginning." GRETCHEN S. ALDEN Village Clerk Hotion for adoption of the Resolution vas there were five ayes and no nays, as Tupa, aye; VanValkenburg, aye; and Bredesen, and on Rollcall I Mayor INPROI3IENT BIDS TO BE TAKE3 OCTOBER 24, and moved its adoption: Beim then offered the following Resolution RESOLUTION APPROVING PLANS AND SPECIFICATIONS FOR PROPOSED SANITARY SEWER AND VATERMAIN INPROVEMENTS, AND DIRECTING ADVERTISEMENT FOR BIDS BE IT WSOLVED by the Village Council of the Village of Edina: Improvements set forth in the following Advertisemmt for Bids form, heretofore pre- pared by the Village Consulting Engineer and now on file in the office of the Village Clerk are hereby approved. 2. The Clerk shall cause to be published twice in the Edina-Norningside Courier and the Construction Bulletin the following notice for bids for said improvements : 1. The plans and specifications for the proposed Sanitary Sewer and Watermain ADVERTISEMENT FOR BIDS SANITARY SEWER AND 17ATEBWN SEALED BIDS si11 be received and opened in the office of the Village Nanager, in the Edina Village Hall, 480117. 50th St., at 11:OO A.M., Monday, October 24, 1960, and the Edina Village Council will meet at 7:OO P.H., on Nonday, October 24, 1960 to consider said bids, being for the following: A. CONSTRUCTION OF VILLAGE WATEBIAIN AND APPURTENANCES IN THE FOLLOWING: 1. On Doncaster 17ay from N. line of Rosendahl's 2nd Add5tSon to Edina Highlands to Croyden Lane; on Croyden Lane from Doncaster rJay to Lochloy Drive; on Lochloy Drive from Croyden Lane around the loop and back to Croyden Lane. th. Illy on an easement to Lochloy Drive; Ayrshire Blvd. from Lochloy Dr. to State Eh.ry.Gl69; State M~y.Bl59 from Ayrshire Blvd. to Hansen Rd. 2. Duncraig Rd. from Ayrshire Blvd. to the N. end of Duncraig; B. CONSTRUGTION OF VILLAGE SANITARY SEWER AND APPURTENANCES IN TI43 FOLLOVING: 1. Duncraig Rd. from the N. end of Duncraig to Ayrshire Blvd.; Ayrshire Blvd. fromDuncraig Rd, to the S. side of State J&y.#169; th. S7ly across the Village Park to the intersection of t7alcden Ave. and Carol Drive. Vorlc must be done as described in plans and specifications on file in the office of the Village Clerk. $10.00, which deposit will be refunded upon return of said plans and specifications. Eo bids will be considered unless sealed and 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. all bi_ds+ Plans and specifications are available for a deposit of The Council reserves the-right to reject any or BY OKUIW ijG irir, nvINR VILLAGE COUNCIL. GRETCHEN S. ALDEN Village Clerk 3. hereby adopted as the terms and conditions of award of the contract for said kprovemznt . Each and all of the terms of the foregoing adverirsemznt for bids are Hotion for adoption of Resolution there ~7ere five ayes and no nays, VanValkenburg, aye; and Bredesen, as 14ayo r CLAIp.IS PAID. seconded by Tupa and carried: As Per Pre-List dated October 10, 1960: General Fund, $8,836.83; Construction Fund, $18,820.69; Park, Park Const. and Swidng Pool Funds, $5,104.80; Hater. Fund, $542.07; Liquor Fund, $18,621.68; Sewer Rental Fund, $88.55; Improvemznt Funds, $376.75, and Poor Fund, $549.60; and as of 9/28/60, $35.00, General Fund; and as of 9/30/60, $716.09, Park Gonst. Fund. VanValkenbura's wiion for payment of the following Claims aas I.. 10 / IO / 60 YELL014 TAXI COMPANY =QUEST FOR SZLF-INSURANCE DISCUSSED. Mr . 205 Hasselquist reported that he and Mr. Dalen have investigated this request; that the Highway Commissioner can approve such requests, in accordance with statement made by the Company. Trustee Dickson told Council he feels that Village should be sure of the requirements made by the Highway Commissioner that Yellow Taxi Officials are requesting a hearing before the Council in the event that action is'not taken. Mayor Bredesen appointed Mr. Dickson as a committee of one to further investigate this matter and report to Council. before considering favorable action on the request. Bfr. Basselquist report I BONDS RESOLUTION ADOPTED; and moved its adoption: Trustee Dickson offered the following Resolution RESOLUTION AUTHORIZING THE ISSUANCE OF IMPROVEllENT BONDS OF 1960, PAYABLE FROM THE IMPROVEMENT BOND REDEBE'TLON FUND BE IT RESOLVED BYyTHE COUNCIL of the Village of Edina, Minnesota, as follows: 1. By resolution adopted December 30, 1957, this Council created the Temporary Improvement Fund of the Village of Edina. The only bonds now outstanding which are payable from said fund are the Temporary Improvement Bonds, Series C in the amount of $500,000, dated December 15, 1959, bearing interest at the rate of l/4% per annum, maturing December 15, 1961, sub- ject to the right of the Village to redeem and prepay the same at any time, at par and accrued interest; which bonds were issued pursuant to and in ac- cordance with an authorizing resolution adopted December 14, 1959, and were sold to and are now held by various debt redemption funds of the Village as set forth in said resolution. to pay a portion of the cost of various improvements as described in the authorizing resolution, pending the levy and collection of special assess- ments therefor and the issuance of definitive bonds as herein provided. @aid improvements have now been completed and the total cost thereof has been ascertained to be as indicated in paragraph 2 of this resolution; the improvements so financed, assessed and completed being each designated with an asterisk in the tabulation included in said paragraph 2. It is estimated that moneys now on hand in the Temporary Improvement Fund will be sufficient to pay the sum of approximately $23,355.47 of the cost of said improvements, over and above the $500,000 of such cost heretofore paid from the proceeds of said Temporary Improvement Bonds. that said Temporary Improvement Bonds shall be retired by the issuance of a like amount of definitive improvement bonds pursuant to Minnesota Statutes 1957, Section 429.091, Subd. 3, and that the remaining cost of said improve- ments shall also be paid by the issuance of definitive improvements bonds, except for said sum which may be paid out of funds on hand. The Village has also ordered, in accordance with the provi- sions of Minnesota Statutes, Chapter 4-29 and after public hearing as required by law, the construction of various additional improvements as more fully described below, and has duly ordered, received and approved plans and specifications and enteied into contracts for the construction of said improvements after proper advertisement €or bids. The total benefits re- sulting 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 improvements. amount of such cost will be assessed against those lots and tracts spe- cially benefited by said improvements, and that such assessments will be made payable in ten equal annual installments, except that the assessments for blacktopping improvements will be payable in five installments and those for paying in fifteen installments, together with interest at the rate of five per cent per annum on the balance of the assessments remaining unpaid from time to time, will be spread upon the tax rolls of the Village commzncing in 1961 or, as to the improvements heretofore financed from the Temporary Improvement Fund, in 1960, and will be collected in the respective succeeding years. The Village now osms easements and rights- of-say over all streets. and other property required for the construction of each of said improvements. each of kid improvemenis is as follo-c7s: Said Temporary Improvement Bonds were issued Accordingly it is hereby determined 2. It is contemplated that the total The designation and estimated cost of BLACICTOPPIIqG : Street Improvement No. A-140 $ 3,735.569: .A- 146 3,242.7 8 A- 147 1,351.88 A- 148 5,34.6.61 $ 13,676.83 PAVING : ,street Improvement' NO. 13-4 $280,957.729: E- 5 9,602.76:'; 290,561.48 CUB AND GUTTER Street Improvement HO. 13-67 2,909.35 TWE TRIl@lING 15,37 1.61 206 10/ 10/60 CURB , GUTTER, ANI %LACI<I'OPPIT<G : Street Improvenznt Bo. BA-1 I SAEETARY SEXERS: District STORM SEFIERS : Srsorm Sewer BA- 2 BA- 3 BA- 4 BA- 5 BA-6 BA- 7 BA- 8 BA- 9 BA- 10 BA- 11 BA- 12 BA- 13 BA- 14 BA- 15 BA- 16 BA- 17 BA- 18 BA- 19 BA- 20 BA-21 BA-23 BA-24 BA-25 BA-26 BA- 27 No. 155 156 157 158 159 160 16 1 16 2 163 16 4 165 166 167 168 16 9 170 17 1 17 2 173 h. 46 47 48 49 50 52 No. 136 137 138 139 14-0 141 142 143 144 145 146 147 148 149 150 151 $ 29, 739.12 5,774.76 11,829.74 6,022.17 6,968.57 7,157.98 16,318.54 11,679.08 5 868 ; 14 7,697.39 5,579.44 6,939.03 6,439 .70 8,793.80 5,39 2.49 8,825.93 6,459.89 13,624.38 10,262.68 3,610.53 6,511.98 6,189.89 9,137.90 10,216.06 3,287.81 7,704.56 $ 228,031.S6 $ 7,214.13 13,571.60 16,212.91 14,723.25 263,356.29 10 043.88 3,833.45 13,087.57 4,878.03 9,225.86 6,640.44 . x3,997.33 8,871.79 36,564.68 8,009.64 63,587.95 13,441. 89 1,762.53 4,630.40 $ 513,653.62 $ 4,748.44f: 180,194..82 3U, 292.46 14,428.27 189,U89.09 5,179.02a $ 423,932.10 $ 28,205.68a 7,383.459: 15,9 14.75f: 14,937.91a 5,354.58'-:: 102,774.79a 16,906.319; 32,185.23 3,929.89 5,969.73 15,934.98 5,786.32 15,308.66 6,082.23 12,540.41 16,273.37 $ 305,088.29 10/ 10 /60 GRADING AND GRAVELLING: Street Improvement No. C-7s $ 6,392.879; , CT79 8 , 538.05 c-80 .10 , 314.73 (2-81 4,884.98 $ 30,130.63 $1,823 , 355.47 3. The Village Treasurer is hereby authorized and directed to pay out of the Temporary Imirovement Fund all interest accrued on the Temporary Improvement: Bonds, Series Cy as of December 15, 1960, and to pay and retire the remaining principal amount of said bonds out of the proceeds of the definitive Improvement Bonds herein authorized. Thereafter all special assess- ments, and taxes if any, levied with respect to the improvements financed by said bonds shall be diverted from the Temporary Improvemznt Fund and shall be and are hereby pledgea ana appropriated to the Improvement Bond Reaemption Funa creaceu by Ordinance No. 14 of the Village of Edina, dated August 31, 1955. The special assessments, and taxes if any, levied and to be levied with respect to the additional improvements listed in paragraph 2 hereof, shall be credited to the respective improvement funds heretofore created for said improvements until the cost of each of the improvements shall have been fully paid. there shall also be credited to said improvement funds amounts equal to the cost of the respective improvements as listed in paragraph 2. The fund of each improvement shall be used solely to pay the costs and expenses of the making thereof, as such expenses are incurred and alloved, provided that (1) there shall be transferred from the fund of each improvement to the Improvement Bond Redemption Fund an amount equal to interest, if any, computed at 5% per annum on the cost of such improvement from the date of issue of the definitive bonds herein authorized to the date upon which the assessment roll for such improvement shall be finally confirmed, and (2) upon comple- tion of each of said improvements any unexpended portion of the bond pro- ceeds still held in the fund thereof may be transferred to the fund of any other improvement listed in paragraph 2, 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 Ninnesota Statutes, Chapter 429, and (3) upon com- pletion of all of said improvements, any unexpended baLance remaining in the funds thereof, and all subsequent collections of special assessments and taxes, if any, levied with respect to said improvements, shall be and are hereby appropriated to the Improvement Bond Redemption Fund. 4. As to those improvements described in this resolution, the cost of which has not heretofore been assessed, the Village hereby covenants and agrees that it will do and perform, upon the completion thereof, all acts and things necessary for the final and valid levy of special assess- ments upon properties within the areas heretofore designated to be assessed for such improvements as the same shall finally be ascertained. that any assessment for any of the improvements described in this resolu- tion shall be at any time held invalid in respect to any lot or tract of land, due to any error, defect or irregularity in any action or proceeding talcen or to be taken by the Village or this Council of any of the Village's ofZicers or employees, in the making of such assessment or in the perform- ance of any condition precedent thereto, the Village also covenants and agrees that it will forthwith do all such further acts and take all such further proceedings as shall be required by law to make such assessment a valid and binding lien upon said property. hand in the Temporary Improvement Funa, to pay and retire saiu Uemporafy LmpLoveiiienc Bonus, Series b and By ana tor the purpose of paying the cost ok the additional improvements describea in paragraph 2, in anticlpacion ot the collection ot special assessments levied therefor, the Village has authorized and contracted for the sale of detinitive Improvemenr Bonus m che amount of $1,800,000, subject to further terms and conditions as here- inafter stated. The full faith and credit of the Village shall be and are hereby irrevocably pledged for the prompt and full payment of the principal of and interest on said bonds. Said bonds shall be primarily payable €rom the Improvement Bond Redemption Fund created by Ordinance No. 14, on a parity with improvement bonds heretofore issued pursuant to said ordinance, but if the moneys in said fund should at any time be insufficient to pay a&l principal and interest due on such bonds, including this issue, the Village covenants and agrees that it will provide sufficient moneys to restore such deficiency in the manner set forth in said ordinance. The special assessments and taxes heretofore levied and appropriated to the Improvement Bond Redemption Fund, together with the cash balance now on hand in said fund, are estimated to be collectible in the years required and in the amounts sufficient to produce sums very substantially more than 5% in excess of the annual amounts of principal and interest to become Out of the proceeds of sale of the definitive bonds herein authorized In the event 5. For the purpose of providing funds, over and above moneys on due on all Iqrovemmt Bonds payable from said fund, including the issue herein authorized. for the payment of principal and interest on this issue, under the pro- visions of lfinnesota Statutes 1957, Section 475.61. H0~7ever, the obligation of the Village is espressly recognized and affirmed, to levy a tax upon all taxable property within its corporate limits, without limitation as to rate or amount, if found necessary for the payment of such principal or interest. 6. The definitive Improvement Bonds to be issued pursuant to the contract of sale heretofore entered into by the Village shall be issued in negotiable coupon form, designated as "Improvement Bonds of 19GO", and dated as of September 1, 1960. Said bonds shall be 1,800 in number and numbered from 1 to 1,800, inclusive, each in the denomination of $1,000, and shall mature serially in the amunt of $200,000 on September 1 in each of the years 1962 through 1970, all without option of prior payment. issue maturing in the years and bearing the respective serial numbers set forth bel017 shall bear interest at the respective annual rates set forth opposite said maturity years and serial numbers, from date of issue until paid: Accordingly, no tax is presently required to be levied I The bonds of said llaturity Years Serial Numbers Interest Rates 1962 1 through 200 2.40% 1963 20 1 through 400 2.60% 19 64- 19 67 401 through 1200 3 .OO% 1968 1201 through 1400 3.20% 1969 and 1970 1401 through 1800 3.30% Each and all of said bonds shall bear additional interest, represented by a separate set of "Bit coupons, at the rate of 1.40% per annum from November 25, 1960 to September 1, 1961. Both principal and interest shall be payable at the Chemical Bank, Ne~7 York Trust Company, in the Borough of Nanhattan, City and State of New York, or, at the option of the holder, at the American National Bank of St. Paul, in Saint Paul, BEnnesota, and the Village hereby agrees to pay the reasonable and customary charges of said paying agents for the receipt and disbursemmt thereof. thereto shall be in substantially the following form: UNITED STATES OF AE.ERICA STATE 03 NINNESOTA COUNTY OF HENNEPIN VILLAGE OF EDINA DPROVENENT BOND OF 1960 7. Said improvement bonds and the interest coupons appurtenant No. $1000 KN03 ALL NEW BY TJESE PRESENTS that the Village of Edina, a duly organized and existing nunicipal corporation of the County of Hennepin, State of Ninnesota, 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 Sep- tember, 19-, ~7ithout option of prior payment, and to pay interest thereon at the rate of per cent ( %) per annum from the date hereof until said principal sum be paid, plus additional in- terest at the rate of one and forty hundredths per cent (1.40%) per annum from November 1, 1960 to September 1, 1961, such interest being payable semi- annually on Harch 1 and September 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 070 sets, one representing interest at the basic rate above set forth from date of issue to the maturity hereof and the other set, designated as %" coupons, representing interest at the additional rate for the period above set forth. Both principal and interest are payable at the Chemical Bank Net7 .Yorlc Trust Company, in the Borough of Nanhattan, City and State of Nek7 York, or, at the option of the holder, at The Amzrican National Bank of Saint Paul, in St. Paul, $Ennesota, in any coin or currency of the United States of hzrican which on the respective dates of paymznt is legal tender for public and private debts. est as the same respectively become due the full faith, credit and taring powers of the Village are hereby irrevocably pledged. This bond is one of an issue in the aggregate principal amunt of $1,800,000, all of like date and tenor except as to serial number, interest rate and maturity, aLI ~ssutiir ior the purpose of defraying espenses incurred and to be incurred in constructing necessary local improvements heretofore duly ordered and contracted to be maue in acLmuance with the provisions of I'finncsota Statutes, Chapter 429, and is issued pursuant formity with the Constitution and lam of the State of Ninnesota thereunto enabling, and pursuant to resolutions duly adopted by the Village Council. This bond is payable primarily from the Improvemenr: Bond Redemption Fund of said Village, to which fund there have been irrevocably appropriated taxes and special assessments levied and to be levied for the payment of the cost of local improvements financed by this and other issued of bonds, but the Council is required to pay the principal of and interest on all such bonds out of any fund of the Village if the taxes and assessments collected at any time should be insufficient to meet the same. For the prompt and full payment of such principal and inter- to and in full con- 10/10/60 209 IT IS HEICEBY CERTIFIED, RECITED, COVENANTED AND AGREED that all acts, conditions and things required by the Constitution and laws of the State of Minnesota to be done, to exist, to happen and to be performed 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 taxes and special assessments will produce, if collected in full, sums at least five per cent (5%) in excess of the amounts needed to meet when due the principal and interest payments on all bonds payable from the 1mprovement.Bond Redemption Fund; 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 .WITNESS WHEREOP the Village of Edina, Hennepin County, Minne- sota, by its Village Council, has caused this bond to be executed in its behalf by the facsimile signature of its Mayor and.the manual signature of the Village Manager, and sealed with its official seal, and the interest coupons appurtenant hereto to be executed and authenticated by the facsimile signatures of said officers, and has caused this bond to be dated as of Sep- tember 1, 1960. correct copy of an original thereof on file in the office of said Village Manager. The legal opinion printed on the back hereof is a true and (Facsimile signature) Mayor Countersigned: Village Manager (SEI-1L) (Form of Coupon) No. . On the 1st day of Ilarch (September), 19-, the Village of Edina, I-fennepin County, Ninnesota, will pay to bearer at the Chemical Bank New York Trust Company, in the Borough of Manhattan, City and State of New York, or, at the option of the holder, at The American National Bank of Saint Paul, in St. Paul, Ilinnesota, the sum of DOLLARS lawful money of the United States of America for interest then due on its Improvement Bond of 1960, dated September 1, 1960, No. (Facsimile signature) - . .Village Manager (Facsimile signature) Mayor 8. Said bonds shall be prepared under the direction of the Village Clerk and shall be executed on behalf of the Village by the facsimile signa- ture of the Nayor, countersigned by the manual signature of the Village Planager, and the corporate seal shall be affixed thereto, and the interest coupons shall be executed and authenticated by the printed, engraved or lithographed facsimile signatures of said Hayor and Village Manager. When said bonds have been so exe- cuted and authenticated they shall be delivered by the Treasurer to the purchaser thereof upon payment of the purchase price heretofore agreed upon, and said pur- chaser shall not be obliged to see to the application of the purchase price. 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. 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 othemise known to them, and all such certified copies, certificates and affidavits, including any heretofore furnished, shall be deemed representations of the Village as to the facts recited therein. Hotion for the adoption of the foregoing resolution was duly seconded by Trustee Tupa, and on Rollcall there were Fipyes and No nays, as follot7s: Beim, aye; Dickson, aye; Tupa, aye.; VanVaJkenburg, aye; and Bredesen, aye; vhereupon said resolution was de 9. 10. Tupa then moved for adjournment; Adjournment at 9 :4.0 P .lI.