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All work performed by other than heads of departments in excess of 40 hours
per week constitutes over-time and shall be compensated by compensatory time
off or cash payment on the basis of time and one half in either instance.
Compensatory time shall be taken within 90 days of time earned. Compensatory
time in any one calendar month shall be limited to 16 hours worked (for which
the employee receives 24 hours off) and aiy over-time in excess thereof shall
be paid in cash payments. The Village Manage; shall designate those classes
of work which shali be compensated by compensatory time off, or cash paGent
for over-time.
*
Motion for adoption of Resolution was seconde a, and on Rollcall there
The meeting's agenda's having been covered, VanValkenburg moved for adjournment.
Motion seconded by Dickson and carried.
Village Clerk
LJ 59 MINUTES OF THE REGULARMEETING OF THE EDINA
VILLAGE COUNCIL, HELD MONDAY, QCTOBER 9, 1961, AT
THE EDINA VILLAGE .HALL
.- . __
Meeting convened at 7:OO P.M., with Beim, Dickson, Tupa, VanValkenburg and
Bredesen answering Rollcall.
MINUTES of Meetings of September 25 and October 2, 1961, were approved as
submitted, by motion Tupa, seconded by Dickson and carried.
PUBLIC HEARINGS ON PROPOSED REZONING.
of
District' to 'Multiple Residence District', 'Community Store District', and
'Commercial-Bistrict'," in Edina-Morningside Courier September 28 and October 5,
1961, and of Posting of said notice on Village Bulletfn Boards; and Planning
Director reported the mailing of notice to affected property owners.
to this notice, Public Hearings were conducted, and action was taken as
follows :
TO MULTIPLE RESIDENCE DISTRICT OF "THE WESTERLY 200 FT. OF LOT 4, BLOCK 2, PEACE-
DALE ACRES, (4240 VALLEY VIEW ROAD). Mr. Hite presented a site sketch, showing
present multiple dwelling and double bungalow locations in relation to this
Clerk presented Affidavit of Publication
"Notice of Public Hearings on Proposed Rezoning from 'Open Development
Pursuant
I
1. PETITION OF MR. R. A. HIPPE FOR REZONING FROM OPEN DEVELOPMENT DISTRICT
.
proposed 4-plex planned by petitioner, also showing sketch of the building and
its elevation. It is plapned to have four two-bedroom units, each containing
about 1,000 square feet of floor area, with provision for a single car garage
for each unit. Mr. L. M. Vogt, 4238 Valley View Road, owner of the double
bungalow directly to the south of the proposed 4-plex, objected, on the grounds
that this large building will devaluate his property.
neighbor directly to the south also objects.
of September 13th was reviewed by Council.
large lot is excessively large for either a single or two-family building site,
and is not sufficiently large for two duplexes'.
feels that because of the size of the lot and the character of the building planned
the 4-plex will improve the area rather than detract from it, moved that petition
be granted.
Planning Commission's recommendation. (See Ordinance No. 261-62 of later in
meeting). Motion unanimously carried.
2. PROPOSED REZONING FROM OPEN DEVELOPMENT DISTRICT TO COMMUNITY STORE
DISTRICT OF LOTS 3, 19, 20, 21, 22 AND 23, BLOCK 3, GRANDVIElrJ HEIGHTS ADDITION
(5004 BROOKSIDE AVE. AND 5105-5121,INCL,, SUMMIT AVE.) Mr. Hite presented a
sketch of the triangle bounded by Eden Avenue, Highway #169, and Brookside Avenue,
showing present zoning and zoning proposed; and Planning Commission's favorable
recommendation of September 13th was reviewed. Mr. W. I?. Olson, 5129 Summit Ave.,
told Council that he has no real objection to this plan, but feels there should
be some stipulations imposed; that, because No. 5105 will be either tom down or
removed, the Olsons should have a wall to their North, to contain the fill, with
a privacy fence above that; that drainage should go onto Brookside Avenue and
not into the Olsons' driveway; and that some correction should be made on the
Olsons' access to the Highway. Mr. Hyde told Council he feels that the request
for a fence cannot be attached to the request for zoning; that this latter is
independent, and the fence request should be attached to building permit require-
ments. Mr. Hite added that drainage will be a part Of site development requirements*
He told Council his
Planning Commission recommendation
Petitioner Hippe told Council this
Truetee Beim, stating that he
Dickson seconded the motion, stating that he did so in view of the
230 10/9/61
There were no objections raised, and %pa moved for approval of proposed rezoning
to Community Store District. Notion seconded by VanValkenburg and unanimously ) carried (See Ordinance No. 261-62 of later in Meeting).
I/ 3. PROPOSED REZONING FROX OPEN DEVELOPMENT DISTRICT TO COMMERCIAL DISTRICT
OF LOTS 9, 10, 11, 12, 13 AND 14, BLOCK 3, GRANDVIEW HEIGHTS ADDN. (5116-5136,INCL.,
BROOKSIDE AVENUE) AND "THE EAST 125 FT. OF WEST 220 FT. OF GOVT.LOT 8 MEASURED ALONG
THE NORTH LINE THEREOF AND LYING N. OF EDEN AVENUE", AND "THAT PART OF GOVT. LOT 8
LYING E. OF I?, 280 FT. THEREOF AND I?. OF BROOKSIDE AVE. AND N. OF EDEN AVE.", ALL IN
SECTION 28, TOWNSHIP 117, RAEGE 21 (SCHOOL GARAGE AND VILLAGE GARAGE SITES AT EDEN
AND BROOKSIDE AVENUES). Planning Commission's September 13th favorable recommend-
ation was reviewed; no objections were filed, and Dickson offered the following
Ordinance, moving that Council waive second reading and adopt as submitted:
ORDINANCE NO. 261-62
AN ORDINANCE AMENDING ORDINANCE NO. 261
(ZONING ORDINANCE) OF THE VILLllGE OF EDINA,
ESTABLISHING ADDITIONAL MULTIPLE RESIDENCE
DISTRICT, ADDITIONAL COMMUNITY STORE DISTRICT,
AND ADDITIONAL CWRCIAL DISTRICT
Section 1. Section 4, Multiple Residence District, of Ordinance No. 261 of
THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS:
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 4 an additional sub-
paragraph as follows :
"(j) The Westerly 200 feet of Lot 4, Block 2, Peacedale Acres."
Section 2. 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 follows:
"(nn) Lots 3, 19, 20, 21, 22 and 23, Block 3, Grandview Heights
Addition. If
Section 3. Section 7, Commercial 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 7 an additional sub-paragraph'
as follows:
"(k) Lots 9, 10, 11, 12, 12 and 14, Block 3, Grandview Heights
Addition, and the East 125 feet of the West 280 feet of Govt. Lot 8,
measured along the N. line thereof and lying N. of Eden Avenue, and
that part of Govt, Lot 8 lying E. of W. 280 feet thereof and I?. of
Brookside Ave. and N. of Eden Ave.--all in Section 28, Township 117,
Range 21."
Section 4. This ordinance shall be in effect immediately upon its passage ... .and publication.
Motion for waiver of secdnd reading and adoption of Ordinance as submitted was
seconded by VanValkenburg, and on Rollcall the five ayes and no nays, as
ws: Beim, aye; Dickson, aye; Tupa, ay ; and Bredesen, aye;
he Ordinance was adopted.
Vfllage Clerk
PUBLIC HEARINGS ON PROPOSED ASSESSMENTS FOR IMPROVEMENTS.
Affidavits of Publication in Edina-Morningside Courier September 21 and 28, and
of Mailing to affected property owners of "Notice of Assessment Hearings"; and,
pursuant to said notices, the following Public Hearings were conducted, and action
was taken as follows:
1, HEARING ON ASSESSlENT FOR SANITARY SEWER IMPROVEMENT NO. 176 - In Code Ave.
fromW.6Oth St. to 503.64 Ft. North of W.60th St. Tabulation of Assessment showed
Total Assessable
for $460.71 per lot.
received prior thereto, and Dickson's motion that assessment be approved was
seconded by Tupa and unanimously carried. (See Resolution Adopting and Confirming
Assessments, of later in meeting).
2. HEARING ON ASSESSMENT FOR STORM SEWER IMPROVEMENT NO. 54 - In Wooddale Avenue
fromW.54th Street to Minnehaha Creek. Tabulation of Assessment showed Total
Assessable
feet for $.0427 per Sq. Ft., as compared with Improvement Hearing Estimate of
$.031. Mr. Hyde explained that bid prices were higher than Estimated Cost. No
objections were raised at the Hearing, and none had been received prior thereto,
on this State Aid project, with most of the construction cost being assumed from
gasoline tax moneys.
VanValkenburg and unanimously carried.
Clerk presented
Cost to be $1,842.84, proposed to be assessed against four parcels,
No objections were raised at the Hearing, and none had been
Cost to be @,099.93, proposed to be assessed against 213,113 square
Tupa's motion approving assessment was seconded by
10/9/6i
..,,/ -....,,.. ..,_"."." ,,....., '. ,.l, .... ,
to Tower St.
$6,207.22, proposed to be assessed against 3,716.9 feet (with corner lots paying
for 1/3 their long-side footage abutting Wooddale), for $1.67 per foot, compared
with Improvement Hearing of $1.64. This assessment represents only 1/2 the cost
of the curb and gutter, the greater,share of the construction cost being borne
from gasoline tax funds. a& registered at the Hearing, and none
had been received prior thereto; and
Motion seconded by VanValkenburg and unanimously carried. (See Resolution of
later in meeting, Adopting and Confirming Assessment).
4. HEARING ON ASSESSMENT FOR STORM SEWER IMPROVEMENT NO. 56 - In Westridge Blvd.
from Hunter St. to Highland Road; Highland Rd. from Westridge Blvd. to Tracy Ave.;
Arbour Lane from Lot 1, Block 2, Countryside Addition to Tracy Ave.; Hillside Rd.
from most Vly corner of Lot 3, Block 3, Valley View Heights Addn. to Olinger Road;
Tracy Ave. from Countryside Rd. to Olinger Road (Tracy Ave.); th. S. on Tracy Ave.
along a line 16 ft. from E. right-of-way line of Tracy Ave. to a point distant 375
ft. S. of centerline of Olinger Rd.; th. S. 48 degrees West, 370 feet; thence Vest
320 feet; thence South 53 degrees Vest, 35 feet to end storm sewer; thence open
ditch continuing SouQh 53 degrees West, 565 feet; thence South 4 degrees West, 462
feet; thence South 45 degrees West, 276 feet; thence South 533 feet to creek.
Manager Hyde read Tabulation of Assessment at Total Assessable Cost of $57,854.03,
proposed to be assessed at $.0245 per Sq. Ft., as compared with $.02 Improvement
Hearing Estimate. Manager explained that increased cost is due to deletion of
assessable-area; that the park is paying iks full share, but that the area south
and west of the park has been deleted because there is no pipe there; that, just
east of Tracy Avenue there is a section which, on &re detailed survey,has been
found to drain away from this improvement; thus decreasing the assessable area
from about 4,000,000 square feet to 2,361,389 square feet. Mr. Hyde referred to
the Council the letter written by Mr. John K. Selden, 6212 Crest Lane, requesting
a different basis of assessment. Mr. Selden was present to support his request,
stating that because he has only one roof and one driveway he believes he
contributes no more to the runoff than those with much smaller lots. Mr. Hyde
reviewed for the Council the various methods of storm sewer assessment bases
now being used by surrounding communities, as well as those under consideration.
Saying he feels that the basis Mr. Selden advocates could become prohibitively
complicated because of the necessity for measuring each home and driveway, etc.,
Mayor Bredesen remarked that if there is some way Mr. Selden could be given
relief, it should be on the basis of what he actually contributes to the runoff,
rather than on the size of his lot. This statement was made after Mr. Selden
had suggested that a maximum assessment be determined, rather than an assessment
on a straight ".0245 per square foot" basis. Mr. Selden told Council that the
back of'his lot is virtually a drainage basin. Engineer Zikan reported that
both Lindsey Engineering Company and the Village Engineers have checked, and
that a part of the water runs off into land facing Hillside, but that it does
run off the S'elden property.
is perhaps the best we can do, Beim moved that assessment be approved as
originally calculated.
(See Resolution of later in meeting, Adopting and Confirming Assessment).
4. HEARING ON ASSESSMENT FOR STREET IMPROVEMENT NO. E-6 - Portland Cement Concrete
Paving with Integral Curb - Tracy Avenue from 150 feet South of Benton Ave, to
Whiting St., and F?hiting St. from Tracy Avenue East a distance of 350 Ft. more or
less. Tabulation of Assessment showed a Total Assessment Cost of $20,488.72,
'proposed to be assessed against 3,635.5 feet for the combined project, at $4'.65
per Assessable Foot, and.ag5inst 2,171.9 feet for curb and gutter only, at $1.65
per Assessable Foot.
Municipal State Aid Street.. There were no objections raised at the Hearing,
and none had been received prior thereto.
approved as calculated was seconded by Tupa and carried unanimously.
Resolution of later in meeting, Adopting and Confirming Assessment).
5. HEARING ON ASSESSMENT FOR STORM SEWER IMPROVEMENT NO. 53 - Storin water dehention
basin beginning at NE Cor.-of Lake Edina Addn.; th. N. 200 Ft.; th. W. 200 Ft.; th.
S. 200 Ft.; th. E. 200 Ft. to beginning: and Storm Sewer along E. line of Lot 1,
B1. 1, Lake Edina Addn. Block 1 Replat, from Larkspur Lane NEly approximately 245
Ft. to detention basin. Tabulation of Assessment showed a Total Assessable Cost
of $10,403.62, proposed to be assessed against 675,560 square feet, for $.0154
per assessable square foot., as compared with Improvement Hearing Estimate of
$.014 proposed to be assessad against some 800,000 square feet. He explained
that after notices of assessment hearing had been mailed to property owners Mr.
Morton Arneson filed a letter objecting to an assessment's being levied on his
property on the basis of a preliminary plat which had been filed in 1958 and on
which nothing further had been done--said preliminary having been filed by Mr.
E. C. Stow , who hhs no real interest in the property; that Mr. Arneson states
he plans to neither sell or subdivide; that his property at the present time
does not all 'drain into this storm sewer.
the assessable area in accordance with the present topography of Mr. Arneson's
Tabulation of Assessment showed Total Assessable Cost to be
No Qbjeckio fc PH moved for approval of assessment.
Saying he believes the present basis of assessment
Motion seconded by VanValkenburg and unanimously carried.
This project was largely paid by gasoline tax funds as a
Beim's motion that assessment be
(See
Mr. Hyde reported that by reducing
Property, the assessable area is reduced to 675,560 square feet, and the
\ the assessable "per square foot" cost is increased to
mailed had listed the per square foot cost as $.0129.
$.0154, whereas the notice
He asked the Village
Attorney if a new hearing is needed before levy, and Mr. Hasselquist replied that
such an additional hearing is not needed because the law does not require that
the individual cost be included in the notice. Messrs. Shubert, McMannis and
Davies of West Shore Drive, told Council Mr. Arneson has a low spot on his
property, into which their properties drain; that their properties do not drain
into this storm sewer. They were informed that they have been excluded from the
assessment in accordance with the present topography of the Arneson land. Mr.
Davies asked if they will be charged for storm sewer necessary because of change
in topography, and was-told the Council hopes the matter of subdivision of the
Arneson land is a closed issue. Beim then moved that that portion of the Morton
Arneson property not now draining into Storm Sewer Improvement No. 53 be excluded
from the assessment,and the assessment levied as herewith presented.
seconded by*VanValkenburg and carried unanimously. I Motion
Beim then offered the following Resolution and moved its adoption:
RESOLUTION ADOPTING AND CONFIRMING ASSESSMENTS
FOR SANITARY SEWER IMPROVEMENT NO. 176, STORM
SEWER DlPROVEMENTS NOS. 53, 54 AND 56, AND
STReET DlPROW9ENTS NOS. BA-22 AND E-6
BE IT RESOLVED by the Village Council of the Village of Edina, Minnesota, as follows:
for SANITARY SEWER IMPROVEMENT NO. 176, STORM SEWER IMPROVEMENTS NOS. 53, 54 AND 56,
and STREET IMPROVEMENTS NOS. BA-22 AND E-6, and each of them have been properly
calculated in accordance with the provisions of Minnesota Statutes Section 429.051
and Q29.061; 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.
lots, pieces and parcels of land described in said respective assessments, and said
proposed assessments are hereby adopted and confirmed as the propes special assess-
ments for said improvements, respectively. The assessment against each lot, tract
or parcel, together with the interest accruing on the full amount thereof from
time to time unpaid, at the rate of five percent per annum from the date of this
resolution, shall be a lien concurrent with general taxes upon the property
described therein and all thereof.
The total amount of the assessment for STREET IMPROVEMENT NO. BA-22 shall be
payable in equal annual installments extending over a period of five years, the
first of said installments, together with interest on the entire assessment from
the date hereof to December 31, 1962, to be payable with general taxes for the
year 1961, 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 1962 through 1965, collectible in the respective ensuing years.
NO. 176, STORM SEWER DPROVEMENTS NOS. 53, 54 AND 56, and STREET IMPROVEMENT NO.
$3-6, shall be payable in equal annual installments extending over a period of
ten years, the first of said installments, together with interest on the entire
assessment from the date hereof to December 31, 1962, to be payable with general
taxes €or the year 1961, 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 1962 through 1970, collectible in the respective ensuing years.
owner of any lot,
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.
County Auditor a certified duplicate of said assessments, with each then unpaid
installment and interest set forth separately, to be extended upon the proper tax
lists of the County, and the County Auditor shall thereafter cause said assess-
ments to be collected in the manner provided by law.
designated as tEe ASSESSMENT ROLL FOR SANITARY SEWER IMPROVEMENT NO. 176, STORM
SEWER IMPROVEMENTS NOS. 53, 54 AND 56, AND STREET IMPROVEDBNT NOS. BA-22 AND E-6,
and all amounts collected in respect of the assessments thereh contained shall be
similarly designated by the County Treasurer and remitted to the Village Treasurer
and by him credited to the IMPROVEMENT BOND REDEMPTION FUND.
1. It is hereby found, determined and declared that,the proposed assessments
2. The amounts so set out are hereby levied against the respective
I
The total amount of each of the assessments for SANITARY SEX?ER IMPROVENENT
3. Prior to certification of the assessment to the County Auditor, the
pie'ce or parcel of land assessed hereby may pay the whole of
I
4. Th'e Clerk shall, as soon as may be, prepare and transmit to the
Said duplicate shall be
Motion for adoption of the Resolution was seconded by VanValkenburg, and on
Rollcall there were five ayes and no nays, as folq Beim, aye. Dickson, aye;
Tupa, aye; VanValkenburg, aye; and Bredesen, dand the Resolut2on was adopted.
$2,200,000 IMPROVEMENT BONDS SOLD TO FIRST NATIONAL BANK OF MINNEAPOLIS, AND
ASSOCIATES. The Village Clerk presented affidavits of publication of notice of
sale of $2,200,000 Improvement Bonds proposed to be issued for the financing of
various water main, sanitary and storm sewer and street improvements and for the
retirement of the Temporary Improvement Bonds, Series 13, dated September 15,1961.
Said affidavits were examined and found satisfactory and directed to be placed on
file in the office of the Clerk.
The Village Clerk reported that Five sealed bids had been received in her
office prior to the time of this meeting,. which bids' were thereupon opened and
publicly read and considered and were found to be as follows:
FIRST NATIONAL BANK, MINNEAPOLIS, MGR.) 1963-1966,Inc. - 2.40%
FIRST NATIONAL BANK, ST. PAUL -3 1967 & 1968 - 2.70%
NORTHWESTERN NATIONAL BANK,MINNEAPOLIS) 1969-1971,Inc. - 3.00% None
. ALLISON-WILLIAMS CO . , MINNEAPOLIS 1 1972 & 1973 - 3.20%
J. M. DUN & CO., MINNEAPOLIS ) Plus Cpn.#Bl consisting of 2,200
PIPER,JAFFRAY & HOPWOOD, MINNEAPOLIS ) coupons of $2.00* each due 3/1/62
FIRST OF MICHIGAN CORPORATION,CHICAGO 1 and Cpn. #B2 consisting of 2,200
BLYTH & CO.,INC., CHICAGO ) coupons of $9.009: each due 9/1/62
MANNHEIMER-EGAN, INC . , ST. PAUL ) Average Net Interest Rate - 3.057142%
CALDk7ELL PHILLIPS CO., ST. PAUL
HAROLD E. WOOD & CO., ST. PAUL ) 2k - 1.80% on all bonds for period
FIRST EDINA NATIONAL BANK, EDINA
FIRST SOUTHDALE NATIONAL BANK, EDINA
' Name of Bidder Interest Rate of Rates Premium
' SHAUGHNESSY & CO., ST. PAUL ) Januaazy 21, 1962 to September 1, 1962
)
HALSEY, STUART & CO., INC. 1963-1965,Inc. - 2.50% $1,052 .OO
KIDDER, PEABODY & CO. 1966 & 1967 - 2.80%
R. I?. PRESSPRICH & CO. 1 1968-1970,Inc. - 3.00%
GOODBODY & CO. 1971-1973,Inc. - 3.30%
BARRET, FITCH, NORTH & CO. ) plus extra coupons at rate of 1.30%
MULLANEY, WELLS & COMPANY )
THE WHITE-PHILLIPS COMPANY, INC . ) Average Net.Interest Rate - 3.1740%
per annum for period 12/1/61 to 9/1/62
JOHN NWEEN & CO. ) 1963 & 1964 - 2-314%
MERRILL LYNCH,PIERCE,FE"EIR & SMITH,INC.) 1965-1970,Inc. - 3%
B. J. VAN INGEN & CO., INC.
DEAN WITTER & CO.
SHEARSON, J&WIILL & CO.
KENOWER, MAC ARTHIIR & CO.
M. B. VICK & CO., INC.
ALLAN BLAIR & COMPANY
KAI" & COMPANY, MANAGER
PAINE , WEBBER, JACKSON & CURTIS
STERN BROS.
AMERICAN NATIONAL BANK
JURAN & MOODY, INC.
BARCUS KINDRED
McDOUGAL & CONDON
E. J. PRESCOTT
CHANNER NEWMAN
F. S. SMITHERS
& co.
SECURITIES CO.
& CO., NEW YORK
LEE HIGGINSON CORP.
JULIEN COLLINS & CO.
HERBERT J. SIMS & CO,
R. D. WHITE & CO.
ROBERT K. WALLACE & CO.
COMMERCE TRUST CO.
RAUSCHER, PIERCE & CO., INC.
Whl. J. MERICKA & CO., INC.
HUTCHINSON, SHOCJXEY & CO.
LEBENTHAL & CO.
SEASONGOOD & MAYER
LUCE, THOMPSON & CROVE, INC.
j 1971-1973,Inc. - 3-114% $ 413.60
)Plus extra coupons on all bonds at
)the rate of 2-314% for the period
)12/1/61 to 3/1/62
)Average Net Interest Rate - 3.1864%
1963 - 2.30%
1964 - 2.50%
1965 - 2.70%
1966 - 2.80%
1967 - 2.90%
1968 - 3.00%
1969 - 3.10%
1970 - 3.20%
1971 - 3.30%
1972 - 3.40%
1973 - 3.40%
Plus extra coupons on all bonds at
the rate of 1.80% per annum for the
period 11/21/61 to 9/1/62
Average Net Interest Rate - 3,3181%
1963-1966,Inc. - 3.00%
1967-1973,Inc. - 3.40%
Plus additional interest so that the
total interest rate for the period
12/1/61 to 3/1/62 shall be 6%.
Average Net Interest Rate - 3.4253%
None
None
234 io19161
Trustee Dickson introduced the following resolution and moved its adoption:
RESOLUTION AWARDING SALE OF
32 , 200,000 IMPROVEMENT BONDS
BE IT RESOLVED by the Village Council of the Village of Edina,
Minnesota, that in accordance with instructions of this Council, notice has
been published of the sale of $2,200,000 negotiable coupon general obligation
Improvement Bonds to be dated as of October 1, 1961, and all bids received
pursuant to said notice of sale have been duly opened and considered and the
highest and best of such bids is hereby found and determined to be that of
FIRST NATIONAL BANK of the City of MINNEAPOLIS, MINNESOTA, and associates named
therein, to purchase said bonds at a price of par and accrued interest, plus a
premium of $-0-; the bonds .to bear interest from date of issue until paid, as
follows : Maturity Years Interest Rate I 1963-1966,Inc. 2.40%
1967 & 1968 2.70%
1969 - 197 1, Inc (. 3.00%
1972 & 1973 3.20%
and each and all of the bonds to bear additional interest at the rate of 1.80%
per annum from January 21, 1962, to September 1, 1962, represented by a separate
set of coupons designated as *'Btt coupons. The Mayor and the Village Clerk are
hereby authorized and.directed to endorse the acceptance of the Village upon
duplicate copies'of said proposal and to return a copy thereof to said bidder
and to file the original in the office of said Clerk. The good.faith check I
furnished by said successful bidder shall be retained by the Village Treasurer
pending delivery of the bonds and payment of the purchase price, and the checks
of other bidders shall be returned to them forthwith.
Motion for the adoption of the foregoing resolution was duly seconded by
Trustee Tupa, and on roll call there were as follows:
Beim, aye; Dickson, aye; Tupa, aye; VanValk
I
..
Trustee Dickson then introduced the following resolution and moved its adoption:
RESOLUTION AUTHORIZING THE ISSUANCE OF
IMPROVEMENT BONDS OF 1961, PAYABLE FROM
THE IMPROVEMENT BOND REDENPTION FUND
BE IT RESOLVED by the Council of the Village of Edina, Minnesota, as - follows :
the Temporary Improvement: Fund of the Village of Edina.
outstanding which are payable from said fund are the Temporary.1mprovement
Bonds, Series D; in the amount of $1,200,000, dated September 15, 1961, bear-
ing interest at the rate of 1.50% per annum, maturing November 15, 1961, without
option of prior payment; which bonds were issued pursuant.to and in accordance
with an authorizing resolution adopted September.'ll, 1961, and were sold to and
are now held by various debt redemption funds of the Village and by the First
National Bank of Minneapolis as set forth in said resolution. Said Temporary
Improvement Bonds were issued to pay a portion of the cost of various improve-
ments, pending the levy and collection of special assessments therefor and the
issuance of definitive-bonds as herein provided. It is hereby deterniined 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 improvements and
additional improvements listed herein shall also be paid by-the issuance of -
definitive improvement .bonds.
2. The Village has ordered, in accordance with the provisions of
Minnesota Statutes, Chapter 429, and after public hearing as required by law,
the construction of various improvements as more fully described below, includ-
ing improvements temporarily financed as recited above, and has duly ordered,
received and approved plans and specifications and entered into contracts for
the consixuction of said improvements after proper advertisement for bids, except
that Storm Sewer Improvement No. 55 has been planned and contracted for construc-
tion by Hennepin County and the Village of Edina, acting insaccordance ~ithM5nne-
sota Statutes 1957, Sections 429.031 through 429.041, and with a cooperative
agreement, dated September 11, 1961, entered into by said governmental units
pursuant to Minnesota Statutes 1957, Section 471.59, said agreement being
related to both Storm Sewer Improvements Nos. 55 and 57, and the cost estimate
hereinafter set forth for Storm Sewer Improvement No. 55 .being the portion of
the total cost
to said improvement. The total benefits resulting from each of said improvements
to the properties within the area proposed to be assessed therefor, as heretofore defined, will be not less than the cost of such improvements. It is contemplated
1. By resolution adopted December 30, 1957, this Council created
The only bonds now -
-
of the projects affected by said agreement which is attributable
io/4/6i r}
that the total amount of such cost, less such sum, if any, not exceeding 80% ofk33
such cost, as the Council shall determine should be paid by the Village, and less>*
those sums to be provided from municipal state-aid street funds granted by the
State of Minnesota, will be assessed against those lots and tracts specially
benefited by said improvements.
equal annual installments, except that the assessments for blacktopping improve-
ments will be payable in five installments and those for paving, other than €or
municipal state-aid street projects, designated below with an (e), will be payable
in fifteen installment, 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 commencing in 1962, and will be collected
in 1963 and succeeding years.
over all streets and other property required for the construction
improvements.
cost thereof, excluding, as to those figures designated with an esterisk, amounts
to be paid from municipal state-aid street funds granted by the State of lfinnesota,
are as follows:
BLACKTOPPING (I), AND BLACKTOPPING WITH CURB AND GUTTER (2)
:1 Such assessments will be made payable in ten
The Village now owns easements and rights-of-way
of each of said
The designation of each of said improvements and the estimate of
Street Improvement No.
Street Improvement
Street Improvement
Street Improvement
Street Imp rovemen t
Street Improvement-
Street Improvement
Street Improvement
Street Improvement
A-149 (1) and $ -
A-150 (1) and -
BA-33 (2) and -
BA-34 (2) and -
BA-35 (2) 154,503.28
BAS32 (2) 9 3 ,29 7 .45
BA-36 (2) 15,024.85
A-122 (2) 7,364.73
BA-37 (2) 74,760.18
BLACKTOPPING WITH CURB AND GUTTER, AND STORM SEWER
Street Improvement NO. BA-22 and $
Storm Sewer Improvement 54 ' 19,343.00
JC
$ 344,950.49
ak $ 19,343.00
CURB AND GUTTER
Street Improvement NO. B-68 $ 10,734.48 street Improvement B-70 and -
Street Improvement B-71 and -
Street Improvement B-72 and
Street Improvement B-73 13,092.53
$ 23,827.01
CONCRETE PAVING WITH CURB AND GUTTER (1) , AND MISCELLANEOUS IMPROVEMENTS
Street Improvement No. E-7 (1) 'and
Street Improvement B-69 and
Sanitary Sewer Improvement 176 and
Watermain Improvement 153 and
Watermain Improvement 155 and
Storm Sewer Improvement 51
Street Improvement E-13(1) and
Storm Sever Improvement 61 and
Storm Sewer Improvement 62 and
Sanitary Sewer Improvement 180 and
Uatermain Improvement 159 . and
Watermain Improvement 160
Street Improvement E-6 (1) and
Storm Sewer Improvement 56
Street Improvement S-8 (1) and
Storm Sewer Improvement 60(portion)
Street Improvement E-9 (1)
Street Improvement E-14 (1)
Street Improvement E-15 (1)
(Curb and Gutter)
SANITARY SEIJERS
Sanitary Sewer Improvement No. 174
Sanitary Sewer Improvement 175
Sanitary Sewer Improvement 17 7
Sanitary Sewer Improvement 17 8
Sanitary Sewer Improvement 183
Sanitary Sewer Improvement 184
STORM SEWERS
Storm Sewer Improvement No. 51
Storm Sewer Improvement 52
Storm Sewer Improvement 55
Storm Sewer Improvement 58
Storm Sewer Improvement ' 59
Storm Sewer Improvement 60
Storm Sewer Improvement 68
Storm Sewer Improvement 69
- -
321,969.75 - - -
-
300,220.06 -
93,521.88 JC
138,689.91 fc
39,767.80 9:
262,514.47
13,489.00 JC
$ 5,596.11
47,490.11
3,653.73
5,261.49
39,813.82
3 , 053.40
$ 82,683.28
97,681.29
80,6 36.81
16,281.72
7,004.79
64,199.16
7,630.45
74,879.71 9:
$1,170,172.87
$ 104,868.66
$ 430,997.21
.. 236 1 URADXNG ANI> GRAVZLLIW
Street Improvement NO. C-82
W9/6 1
,,
$ 6,950.03
.$ 6,950.03 ,-
I?ATERMATNS .
Watermain Improvement No. 152 $ 53,767.16 -
Wa t ermain Improvement 154 2i430.09
i?atermain Improvement 156 5,057.68
Watermain Improvement 157 9,874.57
Watermain Improvement ’ 158 11,712.87
Watermain Improvement 16 2 24,727.82
$ 107,570.19
$2 , 208,679.46
3. The Village Treasurer is hereby authorized and directed to pay all
interest accrued on the Temporary Improvement Bonds, Series D, as of November 15,
1961, and to pay and retire the principal amount of said bonds, all out of the
proceeds of the definitive Improvement Bonds herein authorized, and to cancel said
temporary bonds. The special1 assessments and taxes if any, levied and to be levied
with respect to the 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, as set forth in paragraph 2, shall have been fully
paid.
shall also be credited to said improvement funds amounts equal to the cost of the
respective improvements as listed in paragraph 2.
be used solely to pay the costs and expenses of the making thereof, as such expenses
are incurred and allowed, provided that (I) there shall be transferred from the fund
of each improvement to the Improvement Bond Redemption Fund created by Ordinance No.
14 of the Village, dated August 31, 1955, an amount equal to interest, if any, com-
puted 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 completion of each of
said improvements any unexpended portion of the bond proceeds still held in the fund
thereof may be transferred to the fund of any other improvement 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 Minnesota Statutes,
Chapter 429, and (3) upon completion 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 hereby appropriated to the Improvement Bond Redemption Fund.
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 assessments upon properties
within the areas heretofore designated to be assessed for such improvements, in an
aggregate amount equal to the total cost of such improvements as the same shall
finally be ascertained, less such sum, if any, not exceeding 80% of such cost, as
the Council shall determine should be paid by the Village, and less those sums, to
be provided frommunicipal state-aid street funds granted by the State of Minnesota.
In the event that any assessment for any of the improvements described in this reso-
lution 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 proceedings taken or to be
taken by the Village or this Council or any of the Village’s officers or employees,
in the making of such assessment or in the performance
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.
For the purpose of providing funds to pay and retire said Temporary
Improvement Bonds, Series D, and for the purpose of paying the cost of the improve-
ments described in paragraph 2, in anticipation of the collection of special assess-
ments levied therefor, the Village has authorized and contracted for the sale of
definitive Improvement Bonds in the amount of $2,200 ,“OOO, subject to further terms
and conditions as hereinafter stated,
be and are hereby irrevocably pledged for the prompt and full payment of the principal
of and interest on said bonds.
Improvement: Bond Redemption Fund created by Ordinance No. 14, on a parity with improve-
ment bonds heretofore issued pursuant to said ordinance, but if the moneys in said
fund should at any time be inssufficient to pay all 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 approrpiated
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 SUA very substantially more than 5% in excess of the
annual amounts of principal and interest to become due on all Improvement Bonds
payable from said fund,
tax 5s Presently required to be levied for the payment of principal and interest on
Out of the proceeds of sale of the definitive bonds herein authorized there
The fund of each improvement shall
4. As to those improvements described in this resolution, the cost of
__
‘
of any condition precedent
5.
I The full faith and credit of the Village’shall .
Said bonds shall be primarily payable from the
including the issue herein authorized. Accordingly, no
10/9/6i 237
-%. i this issue, under the provisions of Minnesota Statutes 1957, Section 475.61.
However, the obligstion of the Village is expressly 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 said heretofore entered into by the Village shall be issued in
negotiable coupon form, designated as "Improvement Bonds of 1961", and
dated as of September 1, 1961. Said bonds shall be 2,200 in number and num-
bered from 1 to 2,200, inclusive, each in the denomination of $1,000, and
shall mature serially, in the amount of $200,000 on September 1 in each of the
years 1963 through 1973, all without option of prior payment.
said issue maturing in the years and bearing the respective serial numbers set
forth below shall bear interest at the respective annual rates set forth
opposite said maturity years and serial numbers, from date of issue until paid:
The bonds of
Maturity Years Serial Numbers Interest Rates
1963 through 1966 1 through 800 2.40%
1967 and 1968 801 through 1200 2.70%
1969 through 1971 1201 through 1800 3 .OO%
1972 and 1973 1801 through 2200 3.20%
Each and all of said bonds shall bear additional interest, represented by a
separate set of "B" coupons, at the rate of 1.80% per annum from January 21,
1962 to September 1, 1962. The interest on the bonds shall be payable semi-a
annually on March 1 and September 1 in each year, commencing March 1, 1962. Both
principal and interest shall be payable at FIRST NATIONAL BANI.. OF MINNEAPOLIS, in
MINNEAPOLIS, MINNESOTA, and the Village hereby agrees to pay the reasonable and
customary charges of said paying agent for the receipt and disbursement thereof.
7.
thereto shall be in substantially the following form:
Said improvement bonds and the interest coupons appurtenant:
UNITED STATES OF AMERICA
STATE OF MINNESOTA
COUNTY OF HENNEPIN
VILLAGE OF EDINA
IMPROVEMENT BOND OF 1961
No. $1 , 000
KNOW ALL MEN BY THESE PRESENTS that the Village of Edina, 'a duly
organized and existing municipal corporation of the County of Hennepin,
State of Minnesota, acknowledges itself to be indebted and for value re-
ceived promises to pay to bearer the sum of ONE THOUSAND DOLLARS on the 1st
day of September, 19-, without option of prior payment, and to pay in-
terest thereon at the rate of
per cent ( % per annum from the date hereof until said principal sum
be paid, plus additional interest at the rate of
per cent ( %) per annum from
J 19- to , 19-, such interest being
payable on March 1, 1962, and semiannually thereafter on September 1 and
March 1 of each year, and interest to maturity being represented by and pay-
able in accordance with and upon presentation and surrender of the interest
coupons appurtenant hereto, which are in two sets, one representing interest
at the basic rate above set forth from date of issue to the maturity hereof
and the other set, designated as rtBrr coupons, representing interest at the
additional rate for the period above set forth.
are payable at
Both principal and interest
, in any coin or currency of the United States of America which
on the respective dates of payment is legal tender for public and private
debts. For the prompt and full payment of such principal and interest as
the same respectively become due the full faith, credit and taxing powers
of the Village are hereby irrevocably pledged.
This bond is one of an issue in the aggregate principal amount of
$2,200,000, all of like date and tenor except as to serial number, interest
rate and maturity, all issued for the prupose of refunding temporary im-
provement bonds of said Village and defraying expenses incurred and to be
incurred in constructing necessary local improvements heretofore duly
ordered and contracted to be made in accordance with the provisions of
Minnesota Statutes, Chapter 429, and is issued
formity with the Constitution and laws
This bond is payable primarily from the Improvement Bond
said Village, to which fund there have been irrevmcably appropriated taxes
pursuant to and in full con-
of the State of Minnesota thereunto.
Redemption Fund of
-238 16/9/61
nd special assessments levied and to be levied for the payment of the cost
of local improvements financed by this and other issues of bonds, but the
Council is required to pay the principal of and interest on all subh bonds
any time should be insufficient to meet the same.
1 out of any fund of the Village if he taxes and assessments collected at
IT IS HEREBY CERTIFIED, RECITED, COVENANTED AND AGREED that all
acts, conditions and things required by the Constitution and laws of the
State of Minnesota to be done, to exist, to happen and to be performed 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 fise per cent (5%) in excess
of the amounts needed to meet when due the principal and interest payments
on all bonds payable from the Improvement Bond Redemption Fund; that addi-
tional 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
cause the indebtedness of said Village to exceed any constitutional or
statutory limitation.
.
of this bond did not
IN WITNESS WHEREOF the Viilage 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 has caused the
interest coupons appurtenant hereto and the certificate appearing on the
reverse side hereof to be executed and authenticated by the facsimile sig-
natures of said officers, and has caused this bond to be dated as of Sep-
tember 1, 1961.
(Facsimile signature)
Mayor
Countersigned:
Village Manager
(Form of Coupon)
No. $
On the 1st day of March (September), 19-, the Village of Edina,
Hennepin County, Minnesota, will
DOLLARS lawful money of the United States of America for interest then due
on its Improvement Bond of 1961, dated September 1, 1961, No.
pay to bearer at , the sum of
(Facsimile signature) (Facsimile signature)
Vi 1 lage Manager Mayor
(Form of certificate to be printed on the
reverse side of each bond, following a full
copy of the legal opinion on the issue)
We certify that the above is a full, true and correct copy of the
legal
of Edina which includes the within bond, dated as of the date of delivery
of and payment for the bonds.
opinion rendered by bond counsel on the issue of bonds of the Village
(Facsimile signature)
Village Nanager
Facsimile signature)
Mayor
8. Said bonds shall be prepared under the direction of the Village
Clerk and shall be executed on behaif of the Village by the facsimile signature
of the Mayor, countersigned by the manual signature of the Village Manager, 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 3fayor and Village Manager.
executed and authenticated they shall be delivered by the Treasurer to the
purchaser thereof upon payment of the purchase price heretofore agreed upon, and
said purchaser shall not be obliged to see to t.he application of the purchase
price.
certified copy of this resolution to the County Auditor of Hennepin County for
certification that the bonds herein authorized have been duly registered.
When said bonds have been so
9. The Village Clerk is hereby authorized and directed to transmit a
10. The
County are hereby
purchaser of said
, 10/9/61 2339
officers of the Village and the County Auditor of Hennepin
authorized and directed to prepare and furnish to the
bonds and to the attorneys approving the legality of the
issuance thereof certified copies of all proceedings relating to said bonds
and to the financial affairs of the Village, and such other affidavits,
certificates and information as may be required to show the facts relating
to the legality and marketability of said bonds as the same appear from the
books and records under their custody and control or as otherwise known to
them, and all such certified copies, certificates and affidavits, including
any heretofore furnished, shall be deemed representations of the Village as
to the facts recited therein.
Motion for the adoption of the foregoing resolution was duly seconded by
Trustee Tupa, and on rollcall there were Five
Beim, aye; Dickson, aye; Tupa, aye; Va
whereupon said resolution was declared
Village Clerk V
COMPLAINT REGISTERED AGAINST "PONDf' AT 6508 WARREN AVENUE. Mr. Eugene A.
Hoffman, 6532 Warren Avenue, registered a complaint against the excavated
"pond" at 6508 Warren Avenue.
Council that the builder had excavated to a depth of "about five feet", in
order to use the dirt to fill the lot at No. 6508 and the neighboring lot;
that, before excavation, runoff water reached a depth of about 18" but that
now water is deep enough to dmn a child.
Village had served notice on the builder (Berg) to fill the excavation or
fence it; that Mr. Berg had told this office he would do so; that the
property had then been sold before anything had been done.
asked if he would be satisfied with a fence around the excavation, and
replied he would be, if it is strong enough to keep out the children.
Asked how the Village may proceed to have this nuisance abated, Attorney
Hasselquist stated that inasmuch as the Village has served notice on Berg,
action should be against Berg; and it was determined that complaint should
be so filed.
Presenting pictures, Mr. Hoffman told the
Mr. Hyde reported that the
Mr. Hoffman was
SNOW PLON PURCHASED FROM PUBLIC WORKS EQUIPMENT CO.
award of contract for Snow Plow'to Public Works Equipment Co., low bidder,
on a Vausau Snow Plow at $1,090.00, plus the Rusting Hitch at $295.00, for
$1,385.00. Bids were taken September 25, and are recorded in detail, there.
Tupa's motion awarding contract in accordance with Manager's recommendation
was seconded by VanValkenburg and carried.
Manager Hyde recommended
PETITIONS FOR SANITARY SEWER AND VATERMAIN IN SHERWOOD AVE. FROM B.65TI-I TO
W.66TH ST. FILED. These petitions were filed with the request that the work
be done this year, if possible, one of the petitioners being in need of sewer
now. Captain Gans told Council that because of the season, he would hesitate
to recommend immediate construction; and Council asked that a study be made
of the area to determine the most economical method of providing service to
this street. Review was made of a previous watermain hearing, at which the
suggestion had been made that a conside.rable area be improved in order to
decrease the pro rata cost of the loops.
GOVERNOR'S CONFERENCE ON METROPOLITAN PROBLEMS TO BE OCTOBER 17, 18 AND 19.
Governor Anderson's letter announcing conference was submitted to the Council
and reviewed.
VILLAGE TO PARTICIPATE IN RURAL HENNEPIN COUNTY NURSING DISTRICT IN 1962.
Rural Hennepin County Nursing District was discussed relative to Village
participation in 1962, and Beim offered the following Resolution and moved its
adop t ion :
RESOLUTION RELATING TO PARTICIPATION IN THE
RUFUL HENNEPIN COUNTY NURSING DISTRICT
WHEREAS, pursuant to Minnesota Statutes, Sections 145.08 and 145.12
provision has been made for a public health nursing district in that portion
of Hennepin County outside the City of Minneapolis, and
WHEREAS, pursuant to such authority such a public health nursing district
has been organized and has been in operation for several years, and
WHEREAS, it is deemed necessary to continue the operation of such nursing
district and to provide it with adequate funds for its proper operation.
NOW, THEREFORE, BE IT RESOLVED by the governing body of the Village of
Edina that this political subdivision continue to be included in the public
health nursing district of rural Hennepin County, organized on January 4, 1952;
240 10/9/61
it participate in the benefits thereof; and that it agrees to supportJan
on
basis its pro rata share of the cost of the administration of
such district provided, however, that for the period January 1, 1962 through
December 31, 1962, this cost shall not exceed $.25 per capita on the basis of
the official 1960 Federal Census.
BE IT FURTHER RESOLVED, that this resolution shall be deemed an agreement
to continue to participate in such nursing district on the basis hereinbefore
specified with all other political subdivisions adopting similar resolutions.
L
Motion for adoption of the foregoing resolution was seconded by Tupa, and on
Rollcall there were five ayes and no nays, as fo ow : Beim, aye; Dickson,
aye; Tupa, aye; VanValkenburg, aye; and Bredpe; and tpsolution was
adoDted.
PETITION FOR OIL IN EWING AVE. FROM 85' S. OF CHOWF,N CURVE TO W.63RD ST. was
submitted, and, by motion VanValkenburg, seconded by Dickson and carried, was
accepted and referred to Village Engineer for programming.
PETITION FOR "PER-LOT'' BASIS OF ASSESSMENT ON FUTURE IMPROVEMENTS IN CHAPEL
HILL ADDITION was filed and ordered referred to Special Assessment Hearings.
ACTION ON "DAhZEROUS ANI) SUBSTANDARD DWELLIhTG" AT 6109 BROOKVIEW AVENUE DEFERRED
UNTIL NEXT MEETING. It was reported'that nothing has been done to abate this
nuisance.
ment, and they have indicated they might be willing to dispose of the house, at
the right price.
Department.
Mr. Hite stated that the property has been.offered to the Park Depart-
Action was deferred for two weeks pending report by Parlc
REFERENDUM ON "ON-SALE" LIQUOR SUGGESTED. Mayor Bredesen suggested that, in
view of the recent application of the American Legion for an on-sale club
license, and possible future applications, it might be well to have a referendum,
with the Village Election of November 7, on the question of ang further on-sale
licenses. Attorney Hasselquist told Council there have been Attorney General's
rulings that it is not a legal expense for the Council to hold an election on
questions which are the Council's own problem. I No action taken.
SCHAEFER ROAD "SHALLOI~" SANITARY SEWER REJECTED. Some considerable discussion
was had concerning the %hallow" sanitary sewer in Schaefer Road, as requested
by Mr. Mark Dahlquest after abaridonment of the deep sewer project which had been
planned to serve the Schaefer tract as well as properties abutting Schaefer Road.
In reviewing the matter, Mr. Hyde told Council he would recommend against the
shallow installation for the reason that the Schaefer property must be served
sooner or later and would need a lift station of the sewer advocated by Mr.
Dahlquist is installed, now. Mr, Dahlquist told Council that his home and the
one immediately adjacent to it will need sewer service by next summer, that he
sees no hope of any change in attitude of the property owners on the east side
of the street between now and then.
septic tank, which must be pumped.
is put in, it would serve the Roy Larsen property, which should be assessed; that
if this property is assessed it would be difficult to secure an easement from
Mr. Malonfant, the new owner of the property on the North side of Interlachen--
which, in turn would preclude doing the job Chis year. He recommended that the
project be put in correctly, next year, or not at all. Mr. Beim suggested to
Mr. Dahlquist that the problem could probably best be solved by his putting in
a drainfield, and Dickson moved that the suggested ''shallow" sanitary sewer be
rejected.
He reported that all he has now is a
Mr. Hyde said that even if the shallow sewer
Motion seconded by Tupa and carried.
AGREEMENT l?ITH HOPIUNS ON SANITARY SEWER DISCUSSED. Manager Hyde discussed
with the Council a tentative agreement concerning Sanitary Sewer, whereby
Hopkins will grant to Edina an easement necessary for the connection of the
Belmore Lane sewer with Hopkins' manhole on Maple Hill Avenue, and will agree
to allow Edina to empty sewage from not more than seven homes into Hopkins'
line; Edinawill agree to pay Hopkins $150 per connection as its share of
Hopkins' cost of the lift station necessary for Interlachen Park; Edina will
bill each home on the Belmore Lane line $1.50 per month for sewer maintenance
and will remit that amount to Hopkins; Hopkins will be permitted the right to
tie into the lsteral on Spruce Road without charge; Edina agrees than when
Nine Mile Creek trunk sewer is extended to County Road 18, Hopkins will have
the opportunity of putting a minimum of one cubic foot per second of sewage
flow into this line, with cost of Hopkins's participation for construction and
'While Council was in agreement with most of the stipulations, action was deferred until formal agreement is ready for
action,
maintainence to be determined later.
10/9/61 *, I 241 STORM SIiXGR EAShMNTS TENDERED AND ACCEPTED AUGUST 14, 1961, CLARIFIED.
Clerk reported that Village Attorney's office finds the wording of the Minutes
of the Meeting of August 14, 1961, relative to the "Out Lady of Grace"Storm
Sewer Easemsnts ambiguous, and suggests that said Minu5es be amended to read as
follows :
"Mr. Zilcan presented for Council action proposed easements for five years, tendered
by Our Lady of Grace Church for Eden Avenue Storm Sewer with stipulation that
Village will be obligated to make other provision for storm sewer not later than
five years fromthis time; said easements being over the property of Out Lady of
Grace church described as follows:
"That part of Government Lot 8, Section 28, Township 117N, Range 21W of the
Fifth Principle Meridian, according to the United States Government Survey thereof,
Hennepin County, Minnesota, described as follows, to wit:
thirds (26 2/3) rods East of the Southwest corner of said Government Lot 8; thence
Northerly to the Easterly line of Minneapolis, Northfield and Southern Railway right-
of-way; thence Northerly along said right-of-way line to a point distant Seven
Hundred and Three and Seven Tenths (703.7) feet Southerly along said right-of-way
line from the southerly line of Eden Prairie Road, also known as Eden Avenue; thence
East One Hundred Ninety-three and Two Tenths (193.2) feet; thence North to the
center line of said road; thence Northeasterly along the centerline of said road
to the North line of said Government Lot 8; thence Southerly to the Southeast corner
of said Government Lot 8; thence Westerly to point of beginning, except that part
thereof conveyed to the County of Hennepin by Document No. 1696186 and Document No.
1696187, recorded in the office of the Register of Deeds, County of Hennepin,
State of Minnesota",
and said easements being over that part of the above described property of said
church described as follows:
right-of-way line of said Eden Prairie Road, also known as Eden Avenue, with the
West Boundary line of the property above described; thence Southerly along said
boundary line for a distance of Five Hundred Thirty-five (535) .feet; thence due
East for a distance of Four Hundred Fifty (450) feet; thence due South for a
distance of Thirty (30) feet; thence due East for a distance of Eighty-five (85)
feet; thence due South for a distance of Two Hundred Twenty-five (225) feet;
thence due East to a point on the Westerly right-of-way line of State Highway
No. 100; thence Northerly along said Westerly right-of-way line for a distance of
One Hundred Eighty (180) feet; thence due FJest to the Southerly right-of-way line
of said Eden Prairie Read; thence Southwesterly along the said Southerly right-
of way line of Eden Prairie Xoad to point of commencement'.''
Tupa's motion that Council accept easement and stipulation subject to Village
Attorney's approval was seconded by Beim and Carried."
VanValkenburg's motion that Minutes of Meeting of August 14, 1961 be amended to
read as hereinbefore set forth was seconded by Beim and unanimously carried.
i
'Commencing on the South line of said Government Lot 8, Twenty-six and Two-
'Commencing at the intersection of the Southerly
ELECTION OFFICIALS APPOINTED FOR NOVEMBER 7, 1961 VILLAGE ELECTION. Clerk presented
roster of nominees for election officials for the November 7th Village Election, and
VanValkenburg moved for appointment of the following:
FOR VOTING DISTRICT NO. 1 - Mrs. Marjorie S. Rossiter, Chairman; Mmes. Marjorie
McCall, Jane Hawthorne, Grace Odell, Bertha McCraney and Ethel Link.
FORVOTING DISTRICT NO. 2 - Mrs. Nellie Strate, Chairman; Mmes. Helen M. Hall,
Marian Bailey, Erma Hoyt, Frances Sonnenberg and Betty Hess.
FOR VOTING DISTRICT NO. 3 - Mrs. Florence Hallberg, Chairman; Mmes. Audrey
Berglund, Constance Ryan, Ruth M. Zipoy, Norma B. Halloran, RuthM. Volk.
~ FOR VOTING DISTRICT NO. 4 - Mrs, Helen L. James, Chairman;
Ashenbrenner, Mary Ryan, Betty ,4nn McKaig, Alameda Kenerson and
FOR VOTING DISTRICT NO. 5 - Mrs. Gale T. 'Kesler, Chairman;
Lorraine S. Hasselquist, .Gladys Barnes and Anna Taggatz.
FOR VOTING DISTRICT NO. 6 - Mrs. Olga Bye, Chairman, Mmes.
Modlin and Hilma Spencer.
Mmes. Virginia
Eunice Carlson.
Mmes. Gladys Cameron,
Myrtle Myhr, E. L.
FOR VOTING DISTRIGT NO. 7 - Mrs. L. E. Jones, Chairman; Mmes. Carolyn Young,
FOR VOTING DISTRICT NO. 8 - Mrs. Dorothy Posselt, Chairman; Mmes. Ada S.
Margaret M. Borsch, Alice McFadsean and Lela Hagen.
Eichhom, Glennis Englund, Harold C. Hughes and Adele Olson.
with authorization to the Clerk for substitution appointments in case of illness
or non-appearance. Motion seconded by Tupa and carried.
COUNCIL CANCELS AD VALOREM TAXES ON CERTAIN IMPROVEElENT FUNDS. Finance Director
Dalen reported that there are sufficient moneys in the 1952 First Series Improvement
Fund, in the Sanitary Sewer Improvement No. 53 Fund, for cancellation of the ad
valorem taxes due with the 1961 general taxes; that there are sufficient moneys
to permit cancellation of $14,700 of the ad valorem tax due with 1961 general taxes
on Park System Bonds.
forthwith, and Tupa offered the following Resolution and moved its adoption:
He recommended that said ad valorem taxes be cancelled
i0/9/61
RESOLUTION
AD VALOREM
CANCELLING IMPROVEJ!lENT FUNDS
TAXES COLLECTIBLE WITH 1961
GENERAL PROPERTY- TAXES .
WHEREAS, the Village Council of the Village of Edina has, by Resolution
adopted October 13,1952,levied a special ad valorem tax for the payment of principal
and interest of its 1952 First Series Improvement Fund, said ad valorem tax in the
amount of $10,400 being collectible with and as a part of other general taxes for
the year 1961; and
WHEREAS, The Village Council of the Village of Edina has, by Resolution adopted
>larch 2, 1953,levied a special ad valorem tax for the payment of principal and
interest of its Sanitary Sewer Improvement No. 53 Fund; said ad valorem tax in the
amount of $24,000 being collectible with and as a part of other general taxes for the
year 1961; and
IJHEREAS, The Village Council of the Village of Edina has, by Resolution adopted
October 26, 1953, levied a special ad valorem tax for the payment of principal and
interest of its Southdale Improvement Fund, said ad valorem tax in the amount of
$6,000 being collectible with and as a part of other general taxes for the year
1961; and
WHEREAS, Minnesota Statutes,'Section 475.26, permits the cancellation of said
levies providing moneys are on hand for payment of principal and interest for said
bond issues; and it has been determined by this council that the required moneys
are on hand for the payment of said principal and interest:
NOW, THEREFORE, BE IT RESOLVED by the Village Council of the.Village of Edina
that those ad valorem tax levies made by Resolutions of this Council adopted
October 13, 1952, Harch 2, 1953, and October 26, 1953, and collectible with and as
a part of other general taxes in said Village for the year 1961, be and hereby are
cancelled; and
February 27, 1957, levied a special ad valorem tax for the amount of principal and
interest of its Park System Bonds; said ad valorem tax in the amount of $49,000
being collectible with and as a part of other general taxes for the year 1961; and
the General Obligation Bond Redemption Fund) permits the cancellation of all or
part of said levy providing moneys are on hand for payment of principal and
interest for said bond issue; and it has been determined by this Council that the
required moneys are on hand for the payment of all of the interest and a part of
the principal of said bond issue;
that $14,700 of that ad valorem tax levy made by Resolution of this Council dated
February 25, 1957, be and is hereby cancelled.
BE IT FURTHER RESOLVED that the County Auditor of Hennepin County, Minnesota,
be authorized and directed to cancel the above described ad valorem tax levies and
to delete said levies from taxes to be spread for the year 1961.
.I
WHEREAS, The Village Council of the Village of Edina has, by Resolution adopted
TJHEREAS, Ordinance No. 17 of the Village of Edina (An Ordinance Establishing
I NOW, THEREFORE, BE IT RESOLVED by the Village Council of the Village of Edina
were five ayes and no nays, as follows: e; Tupa, aye;
COUNCIL TO CONDUCT PUBLIC HEARING OCTOBER 23, ON PETITION FOR REZONING TO MULTIPLE
RESIDENCE DISTRICT, LOT 3 AND TJ.60 FT. LOT 2, BLOCK 1, STEVENS FIRST ADDN. (SE CORNER
W.50TH ST. AND INDIANOLA AVE. Council reviewed Planning Commission's October 4th
recommendation for approval of the petition of Messrs. L.J. Pilney and R.W. Dreher
for the rezoning of this tract, in order that a 9-unit apartment might be built
thereon.
Hearing on petition be scheduled for Nonday; October 23:
carried.
COUNCIL APPRAISED OF PLANNING COMMISSION'S DENIAL OF REQUEST FOR REZONING TO MULTIPLE
RESIDENCE DISTRICT OF LOT 7, BLOCK 1, NELSON &WOODHULL'S FIRST ADDITION. Council
reviewed Planning Commission's October 4th rejection of this request by Randolph
Hippe. No action taken.
Sketch showing proposed apartment was submitted, sand Beim moved that Public
Motion seconded by Tupa and
PETITION FILED FOR REZONING OF TRACTS A,B,C, REGISTERED LAND SURVEY 7, AND LOTS
5,6,7 ANI) 8, BLOCK 1, GRANDVIEW HEIGHTS TO COMMUNITY STORE DISTRICT, FOR "BILTMORE
EAST". Mr. Hite presented a sketch of the proposed "Biltmore Eastt*, to be located
just across Highway #lo0 from the Grange Hall, together with petition for rezoning
and Planning Commission's recommendation that the property be used as a motel site.
Mr. Hite explained that plans for this building depend upon plans for Highway 100,
and suggested that Hearing on rezoning be delayed until petitioners have been
appraised by the Highway Department of its plans.
for first meeting in November, by motion Beim, seconded by Tupa and carried.
Hearing tentatively scheduled
243 10/9/+1
...* ,.*- .. 'I *.+ .*. . ...
PLAN'NTNG C&ISSION'S DENiAL 6i dEQUEST FOB 11-FOOT PROFIT YARD VARIANCE AT
5300 W.70TH ST. was reviewed by Council, reason for denial being that such an
encroachment would seriously interfere with street views from adjacent properties.
No action necessary.
HEARING SCHEDULED FOR'OCTOBER Q'J ON PETITION FOR SIDE YARD VARIANCE AT 314 VAN BUREN.
Council reviewed the Planning Commission's October'4th favorable recommendation on - petiton of Mr. M. J. Paulsen, 314 VanBuren Ave., for &foot side yard on Lot 9,
Block 3, West Minneapolis Heights, for purpose of locating garage in position to
save a tree.
petition was seconded by Tupa and carried.
HEARING SCHEDULED FOR OCTOBER 23 ON PETITION FOR "TEMPORARY EXCAVATION DISTRICT"
JUST SOUTH OF PROSPECT HILLS.
developing the proposed Schey plat, next to be discussed, Messrs. Iver Johnson
and Robert Lillestrand, owners of 2% acres in the northeast corner of the plat,
propose to remove 10,000 cubic yards of material from the site; that the proposed
grading plan they presented had been approved by adjacent property woenrs. Council
reviewed Planning Commission's October 4th recommendation--that petitioners be
granted permit to excavate provided they first enter into an agreement satisfactory
to the Village for replacing top soil and seeding after excavating.
that Public Hearing be scheduled for Monday, October 23, on petition. Motion
seconded by VanValkenburg and carried.
VanValkenburg's motion scheduling Public Hearing October 23 on said
Planning Director Hite told Council that in
Tupa's motion
SCHEY PROPERTY--PROPOSED SUBDIVISION OF 24 ACRES LYING BETWEEN PROSPECT HILLS AND
HAYS FARM--was discussed briefly by Council
for excavation, but action was deferred pending Planning '.ommission recommendation
on this Preliminary Plat.
relative to the foregoing petition
MODIFICATION OF REGISTERED LAND SURVEY 11390 (HALLA NURSERY PROPERTY) APPROVED.
Planning Commission's. October 4th recommendation, favorable to the proposed
modification of the Halla registered land survey (enlarging the tract upon which
the store is located to include service area immediately behind building); and
Mr. Hite's statement that this will in no way affect the zoning, were reviewed
by the Council; and Dickson's motion approving modification was seconded by Tupa
and carried.
DIVISION OF LOT 4, BLOCK 9, NORMANDALE SECOND ADDITION into two tracts, being
North 35 Ft. thereof and South 15 feet thereof, to combine said tracts with Lot 3
to the north and Lot 5 to the south, thus making two tracts of 80 and 65 feet
respectively in a block of %-foot lots , was' approved in accordance with Planning
Commission's October 4th recommendation, by motion Tupa seconded by Beim and carried.
FIRE PREVENTION WEEK, and.the Fire Department's plans therefor, were announced by
Manager Hyde .
ADOPTION OF FIRE PREVENTION CODE SUGGESTED. Mr. Hyde told Council that the Fire
Department is advocating adoption of a Fire Prevention Code, a draft of which ha
now has on hand..
NEW PUBLIC HEARING SCHEDULED FOR OCTOBER 23, ON PROPOSED DETACIIMENT OF A PORTION
OF THE OLD "STREETCAR RIGHT-OF-'G;IAY'' BETIJEEN JEFFERSON AND MONROE AVENUE FROM THE
VILLAGE OF EDINA. Planning Director Hite reported that Super Valu Stores, Inc.,
is willing to install a six-foot high solid redwood fence on their south property
line at a grade to be established by Edina and Hopkins.
had been discussed at the Public Hearing held August 14th on this matter. It was
decided that another PubJic Hearing should be held Monday, October 23, for the
information of interested property owners, before further action is taken.
Action deferred until Council could study code.
The matter of a buffer
WATER BILL ADJUSTED.
Lester Bergford, 4514 Oak Drive, protesting a $59.70 water bill for April through
Council discussed letter written to Mayor Bredesen by Mrs.
June , 19615 for- some 28,000 cu. ft-. Mrs. Bergford's letter included a tabulatton
of water consumption for each quarter for the last five years,.the highest con-
sumption being for summer quarter of 1958--12,400 cu.ft. Mr. Hyde reported that
the water meter has been checked, that it is in good condition, that manufacturers
state there is no possible way for a meter to jump; that there is no adjustment
made by surrounding municipalities in cases of this kind. Hr. Hyde corroborated
Mrs. Bergfodd's statement that she had talked with both Mr. Woehler and himself,
saying that they could not help her because they have no authority to do so. It
was concensus of Council that bill be adjusted to an amount equal to rate for the
highest consumption in a like period during the past five years. Manager Hyde
asked Council for some policy on adjustment, but Council refused this, stating
each complaint should be considered on its own merits.
CLAIMS PAID.
dated October 9, 1961, was seconded by VanValkenburg and carried:
Swim Pool, $416.86; Water Fund, $896.42; Liquor Fund, $27,072.78; Sewer Rental Fund,
$515.07; Improvement Funds, $571.48; Poor Fund, $78.45--TotalJ $38,079.36.
Dickson's motion for payment of the following Claims, as per PPe-List
General Fund, $7,999.80; Construction Fund, $528.50; Park, Park Const. &
LETTER ADVOCATING PUBLIC FALL-OUT SHELTERS REFERRED TO CIVIL DEFENSE DIRECTOR. Mrs.
Charles Tatsuda's letter suggesting public fall-out shelters for two-block areas
was read, discussed, and referred to Civil Defense Director Bennett.
0. A. SKYBERG'S PROTEST TO COUNCIL AGAINST NEN POLICY OF ASSESSMENT ON STREET
IMPROVEMENTS was discussed. No action taken.
The evening's agenda's having been covered, VanValkenburg moved for adjournment.
Motion seconded by Beim and carried. Meem adjourned at 9:35 P.M. I
MINIJTES'OF THE REGULAR MEETING OF THE EDINA
VILLAGE COUNCIL, HELD MONDAY, OCTOBER @8, 1961 ,
AT 7 :00 P.M. , AT THE EDINA VILLAGE HALL
Rollcall was answered by members Beim, Dickson, Tupa, VanValkenburg and Bredesen.
MINUTES of the Regular Meeting of October 9, 1961, were approved as submitted, by
motion Beim, seconded by Dickson and carried.
PUBLIC HEARING CONDUCTED ON PETITION OF MESSRS PILNEY AND DREHER FOR REZONING FROM
OPEN DEVELOPMENT DISTRICT TO IiULTIPLE RESIDENCE DISTRICT OF LOT 3 AND IJ.60 FT. LOT
2, BLOCK I, STEVENS FIRST ADDN.
Morningside Courier on October 12 and 19, 1961 and of Posting October 11, 1961,"of
"Notice of Public Hearing on Petition for Rezoning", and Planning Director Hite
reported the mailing of said notice to affected property owners.
notice, Mayor Bredesen called Public Hearing on the above entitled petition.
Hite told Council that petition has been submitted in order that petitioners might
construct a 9-unit apartment, eight units of which will be rental, and the other
a caretaker's apartment in the basement.
building, and a plan showing the site's relation to other buildings in the area--
the Church across Indianola Avenue, the duplex directly to the East, the Bank
across W.50th St., and the one-family dwelling to the South. Planning Commission
recommendation of October 4th was reviewed , being unanimously favorable to the
proposal; and it was noted that there will be six garages in the basement, and
three in a separate building; also, that the Commission has recommended the
lowering of the overall height of the building by lessening the amount of rise
in the hip roof, and that at least three off-street spaces be provided for guest
parking. Mr. Pilney was present and told Council that garage on lower level will
accommodate 12 cars; that if roof is considered too high, it can be adapted so
that it will be architecturally'correct. There were no objections from the floor*
and none had been received prior to the Hearing.
has requested that plan be brought back for its approval before building permit is
issued. Dickson offered the following Ordinance, moving that Council waive second
reading and adopt Ordinance as submitted:
Clerk presente'd Affidavits of Publication in Edina-
Pursuant to
Mr.
He showed a sketch of the proposed
Mr. Hite reported that Commission
ORDINANCE NO. 261-63
AN ORDINANCE AMENDING ORDINANCE NO. 261
(ZONING ORDINANCE) OF THE: VILLAGE OF EDINA,
ESTABLISHING ADDITIONAL EiULTIPLE RESIDENCE
DISTRICT
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 further
amended by adding at the end of paragraph 1 of said Section 4 an additional sub-
paragraph as follows : I "(k) Lot 3 and the West 60 Feet of Lot 2, Block I, Stevens First Addition."
Section 2. This Ordinance shall be in effect immediately upon its passage and
publication.
seconded by VanValkenburg, and on Rollca
follows: Beim, aye; Dickson, aye; Tupa
and the Ordinance was adopted.
e were five ayes and no nays as
Village Clerk
*Much later in the evening, after proponents had left the meeting, the property-