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HomeMy WebLinkAbout19630909_regular9/9/63 MINUTES OF THE REGULAR MEETING OF THE EDINA VILLAGE COUNCIL, HELD MONDAY , SEPTEMBER 9, 1963, AT THE EDINA VILLAGE HALL Mehers answering Rollcall were ,MacMillan , Tupa, VanValkenburg and Bredesen. 1 MINUTES of the Regular Meeting of August 26, 1963, were approved as submitted, by mot ion VanValkenburg , seconded by Tupa and carried. $1,000,000.00 TEMPORARY 'IMPROVEMENT BONDS SOLD. The Clerk presented affidavits showing publication in the official newspaper and the Commercial West of notice of call for bids on $1,000,000 Temporary Improvement Bonds of the Village, for which bids were to be received at this meeting in accordance w+th the resolution adopted by the Council on August 26, 1963, Said affidavits were examined, found to be in compliance with the provisions of Minnesota Statutes 1961, Chapter 475, and were approved and ordered placed on file. to said notice of call for bids, which were thereupon opened and read, and the highest and best bid of each bidder was found to be as follows: . The Clerk then announced that three sealed bids had been received pursuant I cfs 4 3 a2 m I NAME OF BIDDER ' PIPER, JAFFRAY E HOPWOOD, INTEREST RATE - PREMIUM MINNEAPOLIS , MINNESOTA- 2.40% $ 52.00 FIRST NATIONAL BANK OF MINNEAPOLIS, MGR.) FIRST NATIONAL BANK, ST. PAUL 1 2-1/8% FIRST SOUTHDALE NATIONAL BANK, EDINA FIRST EDINA NATIONAL BANK, EDINA 1 $ 10.00 THE AMERICAN NATIONAL BANK OF The interest on said bonds (being the total interest to the stated maturities less any premium offered) according to the respective bids was then computed and reported. Member VanValkenburg then introduced the following Resolution and moved its adopt ion : ST. PAUL, MINNESOTA 2% $ 30.00 RF;SOLUTION AWARDING SALE OF $1,000,000 * TEMPORARY IMPROVEMENT BONDS 'BE IT RESOLVED by the Village Council of the Village of Edina, Minnesota, that the bid of THE RMERICAN NATIONAL BANK OF ST. PAUL, MINNESOTA, to purchase $1,000,000 Temporary Improvement Bonds of this Village, to be dated as of September 13, 1963, and to be issued as specified in the official notice of sale thereof, is hereby found and declared to be the bid most favorable to the Village received pursuant to due notice, and should be and is hereby accepted, said bid being to purchase said bonds at a price of par and accrued interest plus $30.00 premium, bonds maturing in the year stated below to bear basic interest from date of issue until paid at the rate per annum set forth below: Maturity Date Interest Rate December 13, 1963 2.00% Th'e Mayor and Clerk are authorized and directed to endorse an acceptance on said bid and on a copy thereof, and to return such copy to the bidder. The Treasurer is directed to retain the good faith check of said bidder pending delivery of the bonds and payment therefor, and the good fai with returned to them. ecks of other bidders shall be The motion for the adoption of the foregoing resolution was seconded by Member Tupa, and upon vote being taken thereon, the folloying voted in favor thereof: MacMillan, aye; Tupa, aye; VanValkenburg, aye; and,Bredesen, aye; and the following voted against the same: passed and adopted, and was signed by the Mayor and attested by the Clerk. No Nay Votes, whereupon said resolution was declared duly After discussion Member VanValkenburg introduced the following resolution and . moved its adoption: RESOLUTION DIRECTING THE ISSUANCE OF $1,000,000 TEMPORARY FOR AND APPROPRIATING SPECIAL ASSESSMENTS AND AD VALOREM IMPROVEMENT BONDS , CREATING ACCOUNTS THEREFOR AND PROVIDING TAXES FOR THE PAYMENT THEREOF. BE IT RESOLVED by the Village Council of the Village of Edina, Minnesota, as follows: 180 9/9/63 1. The bonds sold this date shall be denominated Temporary Improvement Bonds, and shall be dated September 13, 1963. Said bonds shall be TEN in number and numbered from 1 through 10, inclusive, in denominations of $100,000.00 each, All of .the bonds shall mature on December 13, 1963, without option of prior pay- ment, and shall bear interest from date of issue until paid at the rate per annum set forth below: Maturity Date * December 13, 1963 Interest Rate 2.00% Interest on sal1 of said bonds shall be payable on December 13, 1963. principal and interest on said bonds shall be payable at THE AMERICAN NATIONAL BANK in ST. PAUL, ~lINNESOTA, and the Village agrees to pay the reasonable charges of such paying agent. 2. form: Both Said bonds shall be mimeographed in substantially the following UNITED STATES OF AMERICA STATE OF MINNESOTA COUNTY OF HENNEPIN VILLAGE OF EDINA NO. TEMPORARY IMPROVEMENT BOND s -KNOW ALL MEN BY THESE PRESENTS that the Village of Edina, Hennepin County, Minnesota, acknowledges itself to be indebted and for value received promises to pay to bearer the sum of day of December, 1963, without option of prior payment, and to pay interest thereon, from the date hereof until said principal sum be paid at the rate of annum. upon presentation and surrender of this bond at the office of the paying agent designated below. 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. and full payment of such principal and interest as the same become due the full faith,crzdit and taxing powers of the Village are hereby irrevocably pledged. THOUSAND DOLLARS on the thirteenth per cent ( . %) per Interest is payable December 13, 1963, and will be paid on said date Both principal and interest are payable at in 9 ¶ For the prompt This bond is one of an issue in the aggregate principal amount of $1,000,000 all of like date and tenor except as to serial number, all issued for the purpose of defraying expenses incurred and to be incurred in con- structing improvements in and for said Village, and is issued pursuant to and in full conformity with the Constitution and laws of the State of Minnesota thereunto enabling, and pursuant to resolutions duly adopted by the Village Council. Fund of the Village, to which fund there have been irrevocably appropriated the special assessments levied or to be levied for the improvements financed by this issue, and into which fund there are to be paid the proceeds of the definitive improvement bonds which the Village is required by alw to issue at or prior to the maturity of this bond for the purpose of refunding the same so far as special assessments theretofore collected are not sufficient for the payment thereof. *- This bond is payable primarily from the Temporary Improvement Bond IT IS HEREBY CERTIFIED, COVENANTED AND AGREED that all acts, conditions and things required by the Constitution and laws of the State of Minnesota to be done, to exist, to happen and to be performed preliminary to and in the issuance of this bond in order to make it a valid and binding general obligation of said Village according to its terms have been done, do exist, have happened and have been performed as so required; if necessary to pay principal and interest as due on these bonds, ad valorem taxes are required by law to be levied on all taxable property in the Village without limitation as to rate or amount; and that the issuance of this bond does not cause the indebtedness of the Village to exceed any constitutional or statutory limitation of indebtedness. IN WITNESS WEREOF, the Village of Edina, Hennepin County, State of bond to be executed by the Minnesota, by its Village Council, has caused signature of the Mayor, attested by the V Village seal, and has caused this bond to Attest : Village Clerk (SEAL) 9/9/63 I 63 4 b 3 CQ ca3 72% -- i 3. Said bonds shall be.prepared under the direction of the Village Clerk and shall be executed on behalf of the Village by the signature of the Mayor, attested by the Clerk and the corporate seal shall be affixed thereto. When said bonds have been so executed and authenticated, they shall be delivered by the Treasurer to the purchaser thereof upon payment of the purchase price in accordance with the contract of sale heretofore made and executed, and said purchaser shall not be obligated to see to the application of the purchase price . 4. irrevocably pledged for the prompt and full payment of the principal of and 'interest on said bonds. Temporary Improvement Bond Fund created by resolution of this Council dated December 30, 1953, but if moneys in said fund should at any time be insuf- ficient to pay all principal and interest due on such bonds, the Village covenants and agrees that it will provide sufficient moneys to restore such deficiency in the manner set forth in said resolution. No tax is presently kequiredlto be levied for the payment of principal and interest on this issue, since the instant bonds are to be refunded by the issuance of definitive improvement bonds on or prior to December 23, 1963, as required by and set forth in Chapter 475, Minnesota Statutes 1961. However, the obligation of the Village is expressly recognized and.affirmed, to levy a tax upon all tax- able property within its corporate limits, without limitation as to rate or amount, if found necessary fpr the pgyment of such principal or interest. The full faith and credit of the Village shall be and are hereby Said bonds shall be primarily payable from the 5. The Clerk is hereby authorized and directed to file with the County Auditor of Hennepin County, a certified copy of this resolution and to obtain from said County Auditor a certificate setting forth the registration of said bonds in his register in accordance with the provisions of Minnesota Statutes 1961, Section 475.63, as amended. 6. The officers of the Village and the said County Auditor are .hereby authorized and directed to prepare and furnish to the purchaser of said bonds and to the attorneys approving the legality of the issuance thereof certified copies of all proceedings and records 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 fur- nished, shall be deemed representations of the e as to the facts recited . The motion for the adoption of the foregoing resolution was duly seconded by Member Tupa, and upon vote being taken thereon, the following voted in favor thereof: MacMBIlan, aye; Tupa, aye; VanValkenburg, aye; and Bredesen, aye; the following voted against the same: No Nay Votes, whereupon said resolution was declared duly passed and adopted, and was signed by the Mayor, which was attested by the Clerk. VILLAGE BUDGET/PRESENTED TO COUNCIL BY MANAGER: "FRIENDS OF THE LIBRARY" ASK FOR APPROPRIATION FOR NEW LIBRARY BUILDING. recommended'Bndget for Year 1964. $1,619,825.00, estimated receipts other than tax levy of $642,743.00 ,with an ad valorem tax levy of $977,082.00,. as compared with the 1963 tax levy of $880,000. result in an estimated increase of 1.85 mills, or a total of 28.49 mills. Saying he has had very little opportunity to study the budget and does not yet know whefiher an effective decrease can be made, Mayor Bredesen asked for questions and comments from the floor. attention to the proposed budget. "Friends of the Library" inquired as to whether the budget contains an appropriation for a new Library Building. that the budget does show a transfer of $50,000 from the Liquor Store Incomesto the Capital Improvements Reserve Account, with recommendation that the Library and a second Fire Station should be the first capital improvements considered. Hasselquist asked that'the Library be given priority. the "Friends", added his request to that of Mrs. Hasselquist , saying the Hennepin County Library has some 12,000 books in storage for Edina, which cannot be furnished for our use'because of the limited capacity of the building. There were no other comments or questions from the floor, relative to the budget. the proposed Library, Mayor Bredesen asked for figures on the salaries paid to Edina Library personnel. Both Dr. Mock and.Mrs. Hasselquist.stated they had made little or no investigation on this matter because they felt this was not within their pcovince. FOR YEAR 1964 Manager Hyde presented to Council his Budget lists estimated expenditures in amount of This will A News Letter had been mailed to all residents this past week, calling Mrs. Maynard B. Hasselquist, representing the Mr. Hyde replied that this is not specifically set forth; Mrs. Dr. Allen Mock, President of During discussion on 182 9/9/63 VALLEY VIEW ROAD "NO TURN" SIGN TO BE REPLACED IJITH "NO LEFT TURN" SIGN PURSUANT TQ MUNICIPAL JUDGE'S RULING. In accordance with Council's direction of August 12, a Public Hearing was conducted on the matter of traffic control at the corner of Valley View Road and Highway 100; the specific matter under discussion being the prohibition of right turns for traffic traveling West toward Highway 100, petition of 132 neighborhood residents, requesting removal of the "No Turn" restriction was presented. Manager Hyde announced to the large audience present that as of September 5, 1963, the Edina Municipal Court has ruled :the erection of the signs forbidding a right turn from Valley View Road onto Highway #lo0 for westbound traffic upon Valley View Road is illegal and not in compliance with the law" for the reson thatfthe Commissioner of Highways has not granted permission for the erection of such signs'; this ruling having been made as the result of the issuance of a traffic ticket for an illegal turn and the subsequent contest of this ticket. Mayor Bredesen stated that as he reads this ruling the Council has no choice except to discontinue trying to control this traffic. Nr. Wallace Lilja, 4717 Valley View Road, asked for additional stop signs on Valley View Road between Wooddale Avenue and Highway 100, to slow down traffic, Hr. Hyde reported the Police Department has already recommended against any additional. stop signs in this area; and Mr. Bredesen addedthe Police opinion is based on experience which shows that stop signs placed for only the purpose of slowing traffic tend to increase speeds rather than slow them, because drivers become impatient Mr. Bredesen suggested the most efficient control would be to have the Police Department be especially vigilant in watching this stretch for speeding problems. Mr. J. D. Murphy, 4720 Valley A at having to stop too frequently. View Road, recalled once again for the Council a neighborhood meeting at which Valley View residents were allegedly promised that Valley View would be dead- L .I ended East of Hsghway 100 "when the Crosstown Highway was opened". disagreed with this statement, saying the promise to dead-end Valley View Road was made contingent upon the improvement of Highway 100 as well as the Crosstown. Trustee MacMillan, after identifying the. neighborhood meeting about which Mr. Murphy had spoken as one he (MacMillan) had attended while he was owner of the property on the corner of Valley View Road and Highway 100, stated to the audience and asked that it be written into the record that his recollection of this meeting was that it was developed at the meeting that Valley View Road would be closed when the access roads were put in place; that it would be a 37-foot street with no parking until such time as street was closed, at which time "No Parking" signs would be removed. recollection of meeting. place, stating Valley View Road residents will be glad to do everything they can to secure permission from the State Highway Department for its "installation". Mr. Charles Higgins, 5829 Concord Avenue, one of the sponsors for the removal petition, reminded Council there are more Edina residents inconvenienced by. the sign than are benefited by it, and that these residents protest its continuance. MacMillan then moved that the "No Turn" Sign at the comer of Valley View Road and Highway 100 be replaced with a "No Left Turn" sign until such time as Valley View Road residents obtain Highway Department permission for installation of "No Turn" Sign at this corner. Manager Hyde -- -- -- Messrs, Murphy, Lilja and Dunker disagreed with Mr. Macmillan's Mr. Murphy pleaded that the "No Turn" sign by left in Motion seconded by Tupa and carried. POLICE TO MAKE STUDY AND RECOMMENDATION RELATIVE TO ADDITIONAL TRAFFIC CONTROLS IN CONCORD SCHOOL AREA. problem, Mr. Charles Higgins , 5829 Concord Avenue, informed Council that Concord Avenue between Southview Lane and Valley View Road now gets considerable south- bound traffic, which turns from Highway 100 at Southview Lane, now that there is no left turn from Highway 100 onto Valley View Road. traffic controls, such as "Slow, Childrentt signs, llSchool Stop" or lfSchool Zone" signs in the vicinity of Concord Elementary School. that school children should be protectegiinf2far as legally possible, but that Stop Signs should. not be installed for/purEose of slowing traffic. referred to Police Department 'for study and recommendation. COUNCIL APPROVES TRUNK AND LATERAL WATERMAIN IMPROVEMENTS FOR ARTHUR STREET, WATERMAN AVENUE, MENDELSSOHN LANE, BLAKE ROAD AREA. Publication in Edina-Morningside Courier August 29 and September 5, 1963,aand of Iilailiflg, of "Notice of Public Hearings on Trunk and Lateral Watermains", which affidavits were approved as to form and ordered placed on file. Notice,'Public Hearing was conducted on the following proposed improvements: AND APPURTENANCES in Arthur Street from Maloney Ave. to Waterman Ave. FOLLOWING: During discusson on the Valley View Road traffic control He asked for additional Council was in agreement Request Clerk presented Affidavits of Pursuant to said -1. CONSTRUCTION OF VILLAGE TRUNK WATERMAIN, LATERAL CONNECTIONS THERETO, 2. CONSTRUCTION OF VILLAGE LATERAL WATERMAIN AND APPURTENANCES IN THE Waterman Ave. from Arthur St. to Waterman Circle Waterman Circle Waterman Circle, easement line between Waterman Circle and Tyler Court, and on Tyler Court-all between Waterman Ave. and Maloney Ave. Mendelssohn Lane from blaloney Ave. to Blake Road. Blake Rd. from Maloney Ave. to Watermans Ave. . \?aterman Ave. from Blake Rd. to 860' East 9/9/63 FOR THE PROPOSED TRUNK WATERMAIN -. $140.11 per Lot (Connection), for Platted FOR THE PROPOSED LATERALS, AND FOR LATERAL SERVICE CONNECTIONS TO THE PROPOSED 3~ i Estimates of Cost were given as follows: Property; $350.28 per Acre for Unplatted Property. for Unplatted Property. -. .. TRUNK MAIN - $689.70 per Lot (Connection) for Platted Property; $1,724.25 per Acre Manager Hyde reported that, because of the good bids received today, preliminary estimates as hereinbefore given are somewhat high; that the corrected Estimate is $139.89 for Trunk, and $587.82 for Lateral Mains and Lateral Seryice Connections to the Trunk Main. through an easement to John Street. of improving the system by eliminating a dead-end. replacement of sod, shrubbery and other plantings would be paid by the Village Mr. Don Lundberg, 512 John Street, asked the purpose of running the main He was informed that this is for the. purpose He further inquired as to whether upon grant of easement; was informed that this would be done. .. Other questions were asked concerning the placing @f the main ip easements. Village Engineer Wegner replied that, wherever it was considered in the best interests of the public to install mains .through easements, surveys are taken and, after consultation with the concerned .property owners, easements are prepared for such locations as mains can be most advantageously placed.and still do the least damage . Mr. Arlo P. Lee, 524 Arthur Street, Mr. George Gould, 6516 Waterman Avenue, Mr. Al. Hoffman, 540 Arthur St., and the owner at 544 Arthur Street, all expressed themselves as being decidedly in favor of the pro.posed improvements., Mr. James Hall, 6412 Mendelssohn Lane, asked if it is absolutely necessary to the balance of the improvement to install laterals in Mendelssohn Lane. to say that the Mendelssohn Lane residents have no wish to deprive their neighbors of tqater service, but that they have spent considerable money to install deep wells-- wh&ch are comparatively new and are all working at this time-and that if it will not mean hardship to their neighbors, eleven of the 15 Mendelssohn Lane lot owners, prefer to have Mendelssohn Lane eliminated from the proposed improvement. Be went on Mr* Wegner renewe for Mr. Hall and the Mendelssohn Lane delegation the ordering of the improvement immediately to the west, then petitions for laterals in the area for which hearing is being held tonight. He told delegation he feels that inclusion of Mendelssohn Lane. in this proposed improvement may save the Lane residents as much as $200 each, compared with the cost of installing water in Mendelssohn Lane alone, at a future date; that if the Lane is excluded from the improvement, the estimated cost for laterals in the balance of the district will increase about $19.00 a connection. Mr. Wegner added that the Village does not expect to disturb the street surfacing much in this street; will put 1ater.al. in the boulevard. opportunity to have their street eliminated from the improvement, and Council agreed that they could do so by presentation to the Village Office, not later than Monday, September 16, of a request of the said street's elimination from the improvement, signed by owners of at least 51% of the affected footage. were registered relative to the lateral watermain improvement. offered the following Resolution and moved its adoption : circumstances leading/ f ge initiation of proceedings for this improvement ; the Mr. Hall then asked that the Mendelssohn Lane residents be given the There were no obje.ctions to the proposed Trunk Main, and no other objections VanValkenburg RESOLUTION ORDERING IMPROVEMENTS WATERMAIN IMPROVEMENTS NOS. 175 AND 176 BE IT RESOLVED by the Council of the Village of Edina, Minnesota, that this Council heretofore caused notices of hearings to be duly published on the following proposed improvements : I 1. CONSTRUCTION OF VILLAGE TRUNK WATERMAIN, LATERAL CONNECTIONS THERETO, AND . . APPURTENANCES IN: Arthur Street from Maloney Ave. to Waterman Ave. Waterman Ave. from Arthur St. to Waterman Circle Waterman Circle, easement line between Waterman Cir.cle and Tyler Court,. 2. CONSTRUCTION OF VILLAGE LATERAL WATERMAIN AND APPURTENANCES IN THE FOLLOWING: and in Tyler Court--all between Waterman Ave. and Maloney Ave. , Mendelssohn Lane from Maloney Ave. to Blake Road Blake Road from Maloney Ave. to Waterman Ave. Waterman Ave. from Blake Rd. to 860' east On an easement line across the west 20' rbf Part of Block 22, Mendelssohn Addition from Waterman Ave. to John St. and at the hearings held at the time and place specified in said notice the Council has duly considered the views of all persons interested, and being fully advised of the pertinent facts does hereby determine to proceed with the cons.truction of said improvements, subjectoto the right of the owners of property abutting Mendelssohn Lane from Maloney Ave, to Blake Road to have said street eliminated from the scope of the proposed Lateral Watermain Improvement by request, signed by owners of at least 51% of the front footage abutting said street, submitted not later than Monday, September 19, 1963; that said improvements are hereby designated and shall be referred to in all subsequent proceedings as follows: NO. 1 ABOVE WATERMAIN IMPROVEMENT NO. 175 NO. 2 ABOVE WATERMAIN IMPROVEMENT NO. 176 9/9/63 For Eatermain Improvement No. 175 (Trunk Main) - All lots and tracts of land within the following described boundaries: "Commencing at a point on the east line of Sec. 30, T.117,R.21, a distance of 75' I84 outh of the N.E. corner thereof; thence south along the east line of said section b t the center line of Maloney Ave.; thence Wly along the center line of Maloney Ave. to the east line of Rearrangement of Block 23, Mendelssohn extended; thence Sly along the east line of said Block 23, to the S.E. corner of Lot.1, Rearrangement of Block 23, Mendelssohn; thence Wly to the S.W. corner of Lot 2 of said Block 23; thence south to the N.E. corner of Lot 2, Block 1, Mendelssohn Sorenson Replat; thence Wly to the N.W. corner of Lot 1, Block 1, Mendelssohn Sorenson Replat; thence Sly to the N.E. corner of Replat of Part of Block 22, Mendelssohn; thence Wly to the N.W. corner of said replat; thence Sly 70' along the west line of said replat;. thence Wly to the N.E. corner of Lot 6, Block 1, VictorsenJs Interlachen Addition; thence Vly to the N.H. corner of Lot 5, Block 1, Victorsen's Interlachen Addition; thence Nly, Ely and Nly along the west lines of Lots 7 C: 8, Block 1, Victorsen's Interlachen Addition to the N.W. corner of said Lot 8; thence north along the west lines of Lots 2: and 1, Block 1, Mendelssohn Addition Gross Replat extended to the center line of Maloney Ave.; thence \Jly along the center line of Maloney Ave. to the west line of Griffis Sub. of Block 18, Mendelssohn's Ad&. extended; thence Sly along the west line of said Subdivision of Block 18 to the N.E. corner of Lot 2, Lampels Sub. of Lots 8 thru 23, Willards Sub. of Block 17,Mendelssohn Addition; thence Nly along the north line of said subdivision to the N.V. corner thereof; thence south west line of said subdivision to the N.E. corner of Lot 5, Block 1, Hanson's 3rd Addition; thence Illy along the north lines of Lots 5, 6. and 7, Block 1, Hanson's 3rd Addition to the N.W. corner of Lot 7, Block 1, Hanson's 3rd Addition; thence Sly along the k7. line of Lot 7, bearing of S.24°13'4011 west a distance of 219.31'; thence Sly on the center line of abandoned 7th Ave. East a distance of 64'; thence Ely along a line 264' S. of E1/2 of the SE1/4 of the SE1/4 of the NWl/4, Sec. 30, T.117,R.21 extended to the west line of Schwantes Addition; thence north along said west line to the center line of Waterman Ave,; Mendelssohn Addition extended; thence south along the west line of said Block 29 to the NB corner of Lot 2, Block 1, Wayne Terrace Addition; thence east along the north line of said Block 1, Wayne Terrace Addition to the N.E. corner of Lot 1, Block 1, \?ape Terrace Addition; thence N.E. to the P.I. point of curve on County Road No. 20, said point described by Hennepin County Highway Dept. alignment of March 3, 1950; thence SEly along the center line of County Road No. 20 a distance of 170.60'; thence NEly to a point 125' south of and 135' west of the N.E. comer of Block 28, Mendelssohn Addition; thence north on a line 135' west of and parallel to the east line of Block 28, Mendelssohn Addition, a distance of 30'; thence Ely 95' south of and parallel to the north line of said Block 28 to the west line of Mirror Lake View Addition; thence Sly along the M. line of said Addition to the S.W. corner of Lot 1, Block 1, Mirror Lake View Addition; thence Ely along the south lines of Lots 1, 2 and 3, Block I,. Mirror Lakes View Addition to the S.E. corner of Lot 3, Block 1, Mirror Lake View Addition; thence south along the east line of said Addition a distance of 153'; thence east parallel to and 253' south of the south line of Waterman Ave. a distance of 705'; thence north 50'- east of and parallel to the west line of Sec. 29, T.117, R.21to a point 75' south of and 50' east of the N.N. corner of Sec.29,T.117,R.21; thence west to point of beginning." For Lateral Connections to Trunk Main--All lots and tracts of land abutting Arthur St. from llaloney Ave. to Waterman Ave. For Watermain Improvement No. 176 - Lots 1 thru 4 incl., Block 1, Hanson's 3rd Addition; Lots 1 thru 4 incl. , Block 1, Blanche Addition; Lots 1 thru 6 incl., Block 1, Lampe's Subd. of Lots 8-23 Willards Subdivision of Block 17, Mendelssohn; Lot 1, Block 1, Ascension Addition; Lots 1 thru 7 incl., Block 1, Mendelssohn Heights; Lots 1 thru 10 incl., Block 2, Mendelssohn Heights; Block 29, Mendelssohn Addition; Lots 1 thru 3 hcl. ,Block 1, Mirror Lake View; Lots 1 E 2, Block 1, Mendelssohn-Sorenson Replat; Lot 1, Block 1, Replat of part of Block 22, Mendelssohn; South 165' of Part of Block 22, Mendelssohn; Lots 1 thru 6 incl. , Block 1, Victorsen's Interlachen; Lot 3, Block 1, Mendelssohn Addition, Gross Replat; North 103.33' of. Part of Block 2.1, Mendelssohn; South 103.33 of the North 309.99' of Part of Block 21, Mendelssohn; West 90' of Block 23, Mendelssohn ; Lots 2 E 3, Block 1,. Conn Heights (Proposed Plat in the N1/2 of Block 28, Mendelssohn); North 244' of Block 32, Mendelssohn; Parcel #SO00 in Sec. 30 ,T.117,$.21; East 240' of Block 23, Mendelssohn; .all of Lot 1, Auditor's Subdivision #248 lying N. of the S.360' thereof; the W. 50' of the N. 2150' of Lot 2, Auditor's Subdivision No. 248--except that, should property owners abutting Mendelssohn Lane betneen Maloney Avenue and Blake Road exert their right to have this portion of said improvement eliminated, then there shall be no assessment for Watermain Improvement No. 176 against Lots lthru 7 incl., Block 1, Ilendelssohn Heights, or Lots 1 thru 10 inclusive, Block 2, Mendelssohn Heights. along .the extended to the center line of Waterman Ave.; thence at. a thence east along the center line of Vaterman Ave. to the west line of Block 29, I I I Motion for adoption of Resolution was seconded ayes and no nays, as follows: MacMillan, aye; Bredesen, aye; and the Resolution was adopted. and on Rollcall there were four ; VanValkenburg, aye ; and 5285 9/9/63 CONTRACT AWARDED TO PHELPS-DRAKE CO. FOR WATERMAIN IMPROVEMENTS NOS. 175 AND 176. Tabulation of Bids taken today on Watermain Improvements Nos. 175 and 176 were presented, showing receipt of six bids. at $8,743.60 for WMI #175 and $32,255.70 for WMI #176, Total $40,999.30; Peter Lametti Construction Co. , second-low at $9,794.30 and $36,608.40, Total $46,402.70; Northern Contracting'Co., high bidder at $11,203.50 and $43,037.00, Total $54,240.50. Engineer's Estimated Construction Cost was $10,393.50 and $37,846.00, Total, $48,239.50. and VanValkenburg moved that cont act be awarde in accord ce ' h recommendation, Mendelssohn Lane between Maloney Avenue and Waterman Avenue times unit prices for said work, should Mendelssohn Lane property owners exercise their right to have this work eliminated from said Watermain Improvement Ho. 176.' Motion seconded by Tupa and carried. Phelps-Drake Co., Inc. was low bidder, Swanson Excavating Co., third-low at $10,212.50 and $37,959.00, Total $48,171.50; 1 Recommendation was for award to low bidder, Phelps-Drake Company, with the provision that contract/wfflW&$e@%%a 8 P @rBfe%%8h?obfrk estimated for 2-1/2 FOOT SIDE YARD VARIANCE GRANTED FOR 5113 ARDEN AVENUE. held on the request of Mr, Philip Dahl, 5113 Arden Avenue for permit to construct Public Hearing was bedrooms over his garage, which extends to within five feet of the north lot line. Zoning Ordinance requires that living quarters be not less than 7.4 feet from line. Planning Commisiion's August 21st favorable recommendation was reviewed. 'No objections were made fromthe floor, and no written objections had been received prior to the Hearing. Planning Director Hite reported Commission has'made a favorable recommendation on this request because many of the other homes in the immediate neighborhood have living quarters within'five feet of the lot line-- which was permissible under earlier provisions of the ordinance. motion, that variance be granted, was seconded by MacMillan ad carried. SPECIAL ASSESSMENT HEARINGS HELD: SEVERAL SPECIAL ASSESSMENTS APPROVED. Pursuant to "Notices of Assessment Hearings", published in Edina-Morningside Courier on August 22 and 29, 1963, and notices maiPed to owners of affected properties, Public Hearings were conducted on the following Special Assessments for completed Improvements, and action was taken as hereinafter recorded. approved .and ordered placed on file. VanVdlkenburg's Affidavits of Publication were reviewed, __ 1. STORM SEWER rMPROVEMENT NO. 66 - In Crescent Drive from Westridge -Blvd. to Park Lane; Park Lane from Crescent Blvd. -to "N. line of Lot 9, B1;. 2, Valley View Heights, etc., all as recorded in the August 12th Resolution fdr Assessment Hearing. Tabulation of Assessment was presented, showing Assessable Cost as $50,149.04 , proposed to be assessed against 1,263,200 square feet for $,0397 per square foot, as compared with $.04081 per square foot given at the Improvement Hearing. William Hansen, 6301 Tracy Avenue was present to support a letter filed with C1erk;protesting the assessment against the square footage of 2/3 of his lot, claiming that the drainage from his lot cannot get into this particular storm sewer because it drains into two trapped potholes. the elevation of Mr. Hansen's lot and the two low lots have been checked; that the two low lots can be'built on, with walkout basement type homes and drainage will then be to the south. improvement was made, the Hansen lot has been filled, which has changed th^e route of his drainage; cannot see how any relief can be gzven because the water is gohg to stay in this district. were stated at the Hearing, and no written objections had been received prior thereto. VanValkenburg's motion, that Assessment be approved, was seconded by Tupa ahd unanimously carried. Assessment). Mr. Village Engineer Wegner reported Mr. Wegner added-that since the original storm sewer Mr. Hansen disagreed with Mr. Wegner. No other objections (See Resolution of later in Meeting, Adopting and Confirming 2. STORM SEWER IMPROVEMENT NO. 67 - In Halifax Ave. from N. line'of Tract "C1', R.L.S.#437 extended to an existing catch basin 30 feet Sly on the N line of Tract Yff R.L.S. #437 from Halifax Ave. to a 'point 140 feet Ely. Tabulation of Assessment was read, showing Total Assessable Cost as $2,454.27, proposed to be assessed against 139,447 Square Feet, for $.0176 per Square Foot as compared with $.03 Estimate given at Improvement Hearing. Mrs. J. A. Faching, 5928 France Avenue, protested the assessment against her lot, stating that one lot between hers and the storm sewer blocks drainage from her lot from entering the storm sewer, and that this lot is not assessed. objections had been received prior to* the Hearing. Hearing be continued to September 23rd, for a report from the'village Engineer on Mrs. Faching's objection, was seconded by VanValkenburg and carrie'd. STORM SEWER IMPROVEMENT NO. 71 - In Valley View Road from Nine Mile Creek to 87 feet South of the centerline of Susan Avenue. Tabulation of Assessment was read, showing Total Assessable Cost as $12,865.67, proposed to' be assessed against 248,612 Square Feet, for $.05175 per' Square Foot, compared with $:070387 per Square Foot Estimate given at Improvement Hearing. and no written objections had.been filed prior thereto. approving Assessment was seconded by Tupa and unanimously carried. (See Resolution of later in Meeting, Adopting and Confirming Assessments). There were no other objectXons from the floor, and no written MacMillants motion, that Public ' 3. No objections were made at Hearing, VanValkenburg's motion 919163 Y. STOBI SEWER IMPROVEMENT NO. 74 - Beginning at a pt. on N. ' line of Lot 10, ..L -# 86. , Birchcrest 4th Addition extended #1y, said point being 16 Ft. E. of Centerline of MNGS RR., etc., all as &corded in kugust 12 , 1963 Resolution for Assessment Hearing. Tabulation of Cost was read at Total Assessable Cost of $6,816.69, proposed to be assessed against 891,070 Assessable Sguare'Feet, for $.00765 per Sq. 'Ft. as compared with $.0125 Imprbvement Hearing Estimate. made fromthe floor, and none had been received prior to Ilearing. motion approving Assessment was seconded by Tupa and carried. (See Resolution of later in Meeting, Adopting and Confirming Assessments). to Highway #loo; Poppy Lane, West Shore Dr. to Hightway #loo; Kellogg Ave., Hibiscus Ave. to 466 Ft. S.; Sedum Lane, West Shore Dr. to Kellogg Ave.; Hibiscus No objections were VanValkenburg's 5. SANITARY SEkER IIllPROVEMENT NO. 202 - In West Shore Dr., Hibiscus Ave. Ave., West Shore Dr. to Kellogg Ave. able Cost of $51,718.'00, proposed to be assessed against 76 Connections for $680.50 per Connection, as compared with $806.73 Improvement Hearing Estimate. It was noted this improvement is proposed to be assessed over three years, rather than the usual ten years, in conformance with subdivision agreement. There were no objections made from the floor, and none had been received prior to Hearing. VanValkenburg's motion approving Assessment was seconded by Tupa and unanimously Tabulation of Cost was read at Total Assess- * carried. (See Resolution of later in Meeting, Adopting and Confirming Assessments). 6. NATEBfAIN IMPROVEMENT NO. 170 - In Hibiscus Ave., West Shore Dr. to Kellogg Ave. ; West Shore Dr., Hibiscus Ave. to Hwy.#100; Poppy Lane, West Shore Dr. to Hwy.#lOO; Sedum Lane, Nest Shore Dr. to Kellogg Ave. ; Keliogg Ave., Gilford Dr. to S. line Lake Edina 4th Addn,; E. Service Dr. of Hwy.#100 from Vest Shore Dr. to Poppy Lane. of $53,423.98, $12,281.12 of which is being paid by Village Waterworks Fund for oversizing pipe, the balance of $41,142.86 Assessable -to 94 Connections , for $437.69 per Connection, as compared with $666.25 Improvement Hearing Estimate. This project, too, assessable over three years, rather than the usual ten years, in conformance with subdivision agreement. No objections from the floor; none prior to Hearing. VanValkenburg's motion approving Assessment was seconded by Confirming Assessments). Tabulation of Cost on this project showed a Total Construction Cost r Tupa and unanimously carried. (See Resolution of later in Lleeting, Adopting and ,. 7. STORM SEWER IMPROVEMENT NO. 77 - In West Shore Dr. at intersection of W.'Curb line and N. line of Lot 21, B1. 1, Lak6 Edina 3rd Addn. extended Ely; On easement line betw. Lots 15 and 16, 'B1. 1; Lake Edina 3rd Addn. from West .Shore Dr. to Lake Edina; On easement line betw. Lots 7, 8 and 9, Block 1, Lake Edina 3rd Addn., Vest Shore Dr. to Lake Edina. proposed to be assessed against 183,638 Sq. Ft. for $.0301 per Sq.Ft., as compared with $.8303 Improvement Hearing Estimate. be assessed objections were made from the floor, and none had been received prior to the Hearing. Tabulation of Assessment was read as $5,527.50, This improvement, too, is proposed to I over a three-year period, rather than the usual ten-year term. No (See Resolution of later in Meeting, Adopting and Confirming Assessments) . -. 8. SANITARY SEWER IMPROVEMENT NO. 197 - In Sherwood Ave. , W.64th St. to 315 Ft. So.; Sherwood Ave., W.66th St. to 230 Ft. N. of W.65th St.; W.65th St., Ryan Ave. to Parnell Ave.; Parnell Ave. from W.65th St. to W.64th St. ; Ryan Ave. , N. 64th St. to 175' N. and 570 Ft. So.; Ryan Ave., N.65th st. td 300 Ft, So.; W,64th St., Ryan Ave. to Parnell Ave. ; W.66th St., Sherwood Ave. to Brittany Rd. Tabulation of Assessment was read at Total Cost of $38,016.54, proposed to be assessed against 54 Connections, for $704.01 per Connection, as compared with $1,172.54 Improvement Hearing Estimate. Mr. R. G. Soderberg, 6557 Normandale Road, owner of Lot 5, Block 16, except No, 60 Ft. thereof, Normandale Addition, read to the Council a letter dated this date, setting forth ten general objections to the proposed assessment. There were no other objections from the f1oor.j' and none had been received prior ,to the Hearing. Recognizing the filing by Mr, Soderberg of his ten objecti.ons as his preliminary step in taking an appeal to District Court for relief of assessment, VanValkenburg moved for approvaf of assessment as tabulated. Motion seconded by Tupa and unanimously carried. (See Rholution of later in Meeting, Adopting and Confirming Assessments). 1 WATERWIN IMPROVEMENT NO. 167 - In Sherwood Ave. , W.64th St. to W.66th St. ; W.66th St., Brittany Rd. to Sherwood Ave.; Ryan Ave., from 185 Ft. N. of W.64th St. to N. line of Lot 3, B1. 17, Normandale Addn. j N. line of Lot 3, B1. 17, Normandale Addn., from Ryan Ave. to Sherwood Ave.; W.65th St., Ryan Ave. to Parnell Ave.; Parnell Ave., W.64th St. to W.65th St.; W.64th St., Sherwood Ave. to Parnell Ave. Tabulation of Assessment was read, showing Total Assessable Cost at $31,740.30', proposed to be assessed against 52 Connections' at $588.30 per Connection and two Connections at $574.35 per Connection, as compared with Improvement Hearing Estimate of $794.30 per Connection.' Mr. R. G. Soderberg, 6557 Normandale Road, owner of Lot 5 , Block 16 , except No. 60 ft . thereof , Normandale Addition, read to the Council, from his letter dated this'date and now on file in the office of the Village Clerk, some six objections to this proposed assessment. Cox, 6601 Normandale Blvd., objected to the assessment on the grounds he was not notified of the improvement hearing and his property was not listed as one of those proposed to be assessed for the improvement. f'Ianager Hyde informed Mr. Cox that if he is correct his assessment will be removed from the assessment roll, and that before permit is issued for connection he must pay a connection charge equal to amount of assessment. condition . This letter is on file in the office of the Village Clerk. ..s 9, l4r. Richard T. Mr. Cox was agreeable to this, stating his well is in good '187 .. 9/9/63 Once again recognizing Mr. Soderberg's filing of written objections as S.oderberg preliminary step to taking appeal to District Court for relief of assessment, VanValkenburg moved for approval of Assessment as tabulated, with the limitation "'I i, that should Mr. Cox's objection be found to be valid, the assessment for his tract, Parcel No. 1710, Sec. 30, Tuwnship 28, Range 24, be removed from the assessment roll in favor of a connection charge payable in cash at the time the lot is connectt?d to the main. later in Meeting, Adopting and Confirming Assessment). and Gutter in Grove Street from Tracy Avenue to Wycliffe Road. Tabulation of Assessment was read, showing Total Assessable Cost at $10,700.62, proposed to be assessed against 1,253 Assessable Feet for $8.54 per Assessable Foot, as compared with Improvement Hearing Estimate of $12.23 per Assessable Foot. Objection was made that Street Improvements Nos. BA-49 and BA-50 are really "the same project". actually two different improvements from inception. made from the floor, and no written objections had been filed prior to the Hearing. Tupa and carried. Assessment). 11. and Gutter in Wycliffe Road from Grove Street North to dead end; Grove Street from Wycliffe Road to Olinger Road. Assessable Cost to be $33,042.02, propose'd to be assessed against 3,470.8 Assessable Feet, for $10.77 per Assessable Foot, as compared with Improvement Hearing Estimate of $9.52. Church of the Good Samaritan is being treated as a "residential" lot, by assessment of only one-third of the "long side" of a !UO-foot tract. Council that the assessment to the Church is not in conformance with the intent of the policy on assessment relief for "corner lots"; and Public Hearing was continued to September 23, for adjustment of assessment and notification to Church, by motion Tupa, seconded by VanValkenburg aqd carried. Tr, Motion seconded by Tupa and unanimously carried. (See Resolution of 10. STREET IMPROVEMENT NO. BA-49 - Asphalt Concrete Paving and Concrete Curb Review was made by Manager Hyde , showing that projects were No other objections were VanValkenburg's motion, that Assessment be approved, was seconded by (See Resolution of later in Meeting, Adopting and Confirming STREET IMPROVEMENT NO. BA-50 - Asphalt Concrete Paving and Concrete Curb Tabulation of Assessment reas read, showing Total Objection was raised, here, that the property of the It was concensus of the VanValkenburg then offered the following Resolution and moved its adoption: RESOLUTION ADOPTING AND CONFIRMING ASSESSMENTS STORM SEWER IMPROVEMENTS NOS. 66, 71, 74 AND 77 ; SANITARY SEWER IMPROVEMENTS NOS. 197 AND 202; WATEhAIN IMPROVEMENTS NOS. 167 AND 170; AND STREET IMPROVEMENT NO. BA-49 BE IT RESOLVED by the Village Council of the Village of Edina, Minnesota, as follows: 1. It is hereby found, determined and declared that the proposed assessments for STORM SEWER IMPROVEMENTS NOS. 66, 71, 74 AND 74;'SANITARY SEWER IMPROVEMENTS NOS. and each of them, have been calculated in accordance with the provisions of Minnesota Statutes Sections 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 snce their filing been open for public inspection, and opportunity has been given to all interested persons to present tbeir objections; and parcels of land enumerated/#e 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. pieces and parcels of land described in said respective assessments, except that Parcel No. 1710, Section 30, Township 28, Range 24, shall be excluded fromthe assessment for Watermain Improvement No. 167 providing it is found proper notification of improvement hearing was not given to owner thereof; and said proposed assessments are hereby adopted and confirmed as the proper special' assessments for said improve- ments, respectively. IMPROVEMENT NO. 170 AND STORM SEWER IMPROVEMENT NO. 77 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 six 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. annual hstallments extending over a period of three years, the first of said installments, together with interest on the entire assessment from the date hereof to December 31, 1964, to be payable with general taxes for the year 1963, 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 1964 and 1965, collectible in the respective ensuing years. 197 AND 202; WATERMAIN IMPROVEMENTS NOS. 167 AND 170; AND STREET IMPROVEMENT NO. BA-49, and that each of the lots, pieces 2. The amounts so set out are hereby levied against the respective lots, 3. The assessments for SANITARY SEWER IMPROVEMENT NO.. 202,. WATERMAIN The total amount of each such assessment shall be payable in equal 9/9/63 I88 4. The assessments for STORM SEWER IMPROVEMENTS NOS. 66, 71 YND 74, UNITARY SEWER IMPROVEIENT NO. 197, WATERMAIN IMPROVEMENT NO. 167, and STREET IMPROVEMENT NO. BA-49 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. annual. installments extending aver a period of ten years, the first of said installments, together with interest on the entire assessment from the date hereof to Becember 31,"3964, to be payable with general taxes for the year 1963, and one of the remaining hstallments, with one year's interest on that and all subsequent installments, to be payable with general taxes for the years 1964 through 1972, collectible in the respective ensuing years. Prior to certification of the assessment to the County Auditor, the owner of any lot, piece or parcel of land assessed hereby may pay the whole 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, she 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. 6.' 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 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 assessments to be collected in the manner provided by law: Said duplicate shall be designated as the "ASSESSMENT ROLL FOR STORE4 SEWER IMPROVEMENTS NOS. 66, 71, NOS. 167 AND 170, AND STREET IMPROVEMENT NO. BA-49, and all amounts collected in 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 Improvement Bond Redemption Fund. The total amount of each such assessment shall be payable in equal * 5. 74 AND E&; SANITARY SEWER IMPROVEMENTS NOS. 197 AND 202; WATERMAIN IMPROVEMENTS , Motion for adoption of the Resolution was sec were four ayes and no nays, as follows: aye; and Bredesen, aye; and the Resoluti AT T: kdW* Village Clerk .PETITION FOR OILING. Chowen Ave. , W.60th St. to W.6lst St. , was submitted by Clerk, and by motion VanValkenburg, seconded by Tupa and carried, was accepted and referred to the Village Engineer for programming. PUBLIC HEARING SCHEDUIXD FOR OCTOBER 7, ON PETITION FOR VACATION OF PART OF "OLD HOPKINS ROADIt. others, for Vacation ofathat part of Hopkins Road lying between Arcadia Avenue and Highway 100, was submitted. Petition for Vacation be scheduled for Monday, October 7. Tupa and carried. Petition, dated August 27, 1963, signed by R.L. Hawthorne and VanValkenburg moved that Public Hearing on Motion seconded by August 13, 1963, being revised plan and profile of the proposed Interchange at County Road #18 and Hopkinst 7th Street (being Interlachen Blvd. extended,.in Edina). In reviewing the plan for the Council, Mr. Hite stressed the fact that no plan for the Southeast Quadrant of the interchange has been made, stating that any plan for this quadrant will depend somewhat on the future of the Pederson Dairy; that the proposal, generally, is to extend a service road behind the Dairy and then back to County Road #18. Mr., Hite recommended that Council approve Layout No. 5,. with the understanding that the Hennepin Caunty Highway Department will complete plans €or the Southeast Quadrant at a later date. MacMillan's motion, that Edina Village Council approve Layout No. 5, subject to assurance that Henneph County Highway Department will complete design for Southeast Quadrant of Interchange, was seconded by VanValkenburg and carried. property lies within the Northeast Quadrant, inspected the plan during Council discussion, then inquired as to whether he would be allowed to move his house to the remainder of his property, after County acquires part of his land for inter- change. deep. Mr. James Tholen, 603 Washington Avenue, whose He was informed it would appear he would be left with a lot some.400 feet AEENDMENT TO COMHERCIAL SECTIONS OF ZONING ORDINANCE NOT YET READY FOR COUNCIL: HOPE TO BE READY BY OCTOBER 7. Commission has not yet completed its proposed revision of the Commercial Sections of the Zoning Ordinance, that it is hoped recommendation can be presented by the meeting of October 7. Planning Director Hite reported the Planning 9/9/63 4 QQ 11 w LY ( COUNCIL SCHEDULES HEARING FOR SEPTEMBER 23, ON PETITION OF C.D.JACOBSO'N FOR REZONING FROM OPEN DEVELOPMENT DISTRICT TO R-2 MULTIPLE ESIDENCE DISTRICT. tb C. D. Jacobson's request for Rezoning from Open Development District to R-2 Multiple- ., Residence District kts 15 50 19, Block 3, Brookview Heights Third Addition, was ,J reviewed, together with Planning Commission's May 15th favorable recommendations. VanValkenburg's motion, scheduling Public Hearing on request for Monday, September 23, 1963, at 7:OO P.M., was seconded by Tupa and carried, ENGINEER REPORTS ON CONDITION OF ALLEY BETkEEN N.51ST AND W.52ND STS. AND BETWEEN HANKERSON AND WILLIAM AVENUES, PURSUANT TO COMPLAINT AT ASSESSMENT HEARING ON STREET IMPROVEMENT NO. A-150, Village Engineer Wegner's report, made pursuant to complaint June 24, 1963 at the Hearing on Special Assessment, that alley was not satisfactory, was reviewed. meets specifications in every respect except possibly seal coat ; that he will contact Riegger Roadways, Inc. in an effort to have them seal coat. accepted . Mr, Wegner's report was to effect that work Report ORDINANCE ADOPTED, REQUIRING FILLING OF PRIVATE SEWAGE DISPOSAL FACILITIES WHEN NO LONGER IN USE. The following Ordinance, recommended by Sanitarian Hensley as the result of difficulties encountered in attempting to have residents fill cesspools at such time as they connect to the Village Sanitary Sewer, was reviewed by the Council. Council dispense with second reading thereof and adopt Ordinance as submitted: After some discussion VanValkenburg offered the Ordinance, moving that ORDINANCE NO. 235-1 AN ORDINANCE AMENDING ORDINANCE NO. 235, ~EQUIRING PUMPING AND FILLING OF SEWAGE DISPOSAL FACILITIES THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS: Section 1. Section 6 of Ordinance No. 235 of the Village is hereby amended to read as follows: "Sec, 6. Privies Prohibited; Pumping and Filling of Sewage Disposal Facilities , When Requirkd. No person shall erect, use or maintain within the Village any privy or other toilet device. Whenever the use of any sewage disposal facility is abandoned, or whenever any premises containing any such facility are connected to the muni- cipal sewer system, such facility shall be pumped and filled at the time of such connection or? immediately upon such abandonment .)I (a) (b) 'Section 2. This ordinice shall be in full force and effect immediately upon its adoption and publication. Motion for adoption of the Ordinance, and waiver of second reading, was seconded by MacMillan, and on Rollcall there were four ayes and no nays, as follows: DUNDEE ROAD STORM SEWER IMPROVEMENT TO BE REVIEWED RELATIVE TO REQUEST FOR HOOKUP. Manager Hyde reported the request made by Mr. Allan Peyer, 5516 Dundee Road, for some relief from drainage problems suffered as the result of the Labor Day week-end rains. see if there is some way his lot can be connected to it. that a proposal will be brought before it at the next meeting for consideration. Mr. Peyer is asking that we review plans for Dundee Road Storm Sewer to Mr. Hyde told Council COUNCIL APPROVES IN PRINCIPLE JOINT EDINA-HOPKINS SECOND STREET BETWEEN HARRISON AVENUE AND BLAKE ROAD. relative to opening of tfSecond Street" between Harrison Avenue and Blake Road; that Mr. Garrison now has a buyer for a lot in the right-of-way; that Hopkins will proceed to acquire the lot if there is reasonable assurance that Edina is still in favor or working with Hopkins on the opening of the road. Mr. Wegner added there are some distinct advantages to Edina in the road's opening, one being it will give us the opportunity to eliminate dead ends in the water system, thus improving it. Manager Hyde inquired as to whether this street would get Super-Valu traffic to Blake Road. Planning Director Hite replied in the negative, saying there is now being prepared a proposal for getting traffic from Super-value directly out to County Road #18 without using Edina of; Hopkins residential streets. Mr, Hite added Hopkins has no immediate plans for the opening of Second Street, but does not want to spend the money to acquire this lot unless there is Edina assurance that proposed road meets with Council's favor. Tupa's motion, that the Edina Village Council approve in principle the opening of the joint Edina-Hopkins Second Street between Harrison Avenue and Blake Road, was seconded by VanValkenburg and unanimously carried. Village Engineer Wegner reported he has been contacted by Hopkins $2,625,000 GENERAL OBLIGATION BONDS TO BE SOLD NOVEMBER 4: MANAGER AND FINANCE DIRECTOR AUTHORIZED TO HAKE TRIP TO CHICAGO AND NEW YORK IN ATTEMPT TO INTEREST EASTERN BUYERS. Improvement Bonds, $400,000 Waterworks Bonds and $825,000 Golf Course Bonds, Finance Director Dalen asked for authority for Manager Hyde and himself to make one more trip to Chicago and New York in an attempt to interest Eastern buyers in Edina bonds. Saying that if a good Eastern bid is not received this the, there will not be another request for a promotional trip, Mr. Dalen told Council he believes that the Eastern buyers are becoming more interested all the time in Midwest issues and Edina should get a good bid. for bond promotion trip to New York and Chicago for Messrs. Hyde and Dalen,was seconded by Tupa and carried. Trustee VanValkenburg then offered the following Resolution and moved its adoption : RESOLUTION PROVIDING FOR THE PU3LIC SALE OF $2,625,000 GENERAL OBLIGATION Presenting preliminary papers for authorization of $1,400,000 VanValkenburg's motion, authorizing expenditures BONDS BE IT RESOLVED by the Village Council of the Village of Edina, Hinnesota, 1. as follows: expedient for the Village to borrow money and issue its negotiable coupon general obligation bonds in an amount not to exceed $2,625,000, consisting of $1,400,000 Improvement Bonds of 1963, $400,000 Waterworks * Bonds of 1963 and $825,000 Golf Course Bonds of 1963. The issuance of such bonds will not cause the indebtedness of the Village to exceed any statutory or constitutional limitations. The Village Council shall meet at the time and place specified in the form of notice herein contained for the purpose of receiving, opening and consider- ing sealed bids for and awarding the sale of said bonds. of the time, place and purpose of said meeting to be published in the official newspaper and in the Commercial West, at Minneapolis, Minnesota, not less than ten days prior to the date of said meeting, which notice shall be in substantially the following form: It is hereby found, determined and declared to be necessary and 2. 3. The Village Clerk is hereby authorized and directed to cause notice NOTICE OF SALE $2,625,000 GENERAL OBLIGATION BONDS VILLAGE OF EDINA, MINNESOTA NOTICE IS HEREBY GIVEN that the Village Council of the Village of Edina, Hennepin County, Minnesota, will. meet at the Village Hall, 4801 West 50th Street, in said Village on November 4, 1963, at 7:OO o'clock P.M., C.S.T.; to open, receive and consider sealed bids for and award the sale of $2,625,000 negotiable coupon general. obligation bonds of said Village, consisting of $1,400,000 Improvement Bonds of 1963, -$400,000 Waterworks Bonds of 1963, and $825,000 Golf Course Bonds of 1963, all to be issued under authority of Minnesota Statutes of 1961, as amended, including Chapter 475, Chapter 429, and Section 444.075. The Improvement Bonds of 1963 will be payable primarily from the Improvement Bond Redemption Fund of the Village to which will be pledged the special assessments levied upon property benefited by the improvements financed hereby; the Waterworks Bonds of 1963 will be payable primarily from the net revenues of the municipal water system on a parity with the revenue bonds of the Village now outstanding in the aggregate principal amount of $433,000; and the Golf Course Bonds of 1963 will be payable primarily from net revenues derived from operation of the municipal golf course to be financed by the issue, and of the municipal liquor stores. The Waterworks Bonds of 1963 and the Golf Course Bonds of 1963 are also to be secured by the maintenance of a reserve at all times equal to one year's principal and interest requirements. Should any of these sources prove insufficient for payment of principal and interest on the bonds as due, as to each issuesthe Village is required to levy ad valorem taxes on all taxable property within the Village as necessary to make such payments without limitation as to the rate or amount. Each of said issued will be dated December 1, 1963, and all bonds will be in the denomination of $1,000 or $5,000 each as specified by the purchaser within 48 hours of the sale, and will bear interest at the rate or rates designated by the successful bidder, subject to the limimations stated below, payable semiannually on June 1 and December 1 of each year, commencing June 1, 1964. The respective issues will mature in order of serial numbers on December 1 in the following years and amounts, all without option of prior payment: 1965 $140,000 1966 $25,000 $10,000 140,000 1967 25,000 10,000 140,000 1968 25,000 10,000 140,000 1969 25,000 10,000 140,000 1970 25,000 10,000 140,000 1971' 35,000 20,000 140,000 1972 35,000 20,000 140,000 1973 35,000 I 20,000 140,000 1974 35,000 20,000 140,000 1976 35,000 50,000 1977 40,000 50,000 1978 40,000 50,000 I I Golf Course Bonds Waterworks Bonds Improvement Bonds 1975 35,000 20,000 Golf Course Bonds 1979' $40,000 1980 ' 1981 1982 19 83 19 84. 19 85 1986 1987 40,000 40,000 40,000 80,000 50,000 50,000 50,000 50,000 9/9/26 198 Waterworks Bonds Improvement Bonds . $50,000 50,000 { Principal and interest will be made payable at any suitable bank in the United States designated by the successful bidder within 48 hours after award of sale, subject to approval by the Village Council, and the Village will pay the reasonable and customary paying agency charges. The Village will furnish, without cost to the purchaser and within forty days after award of sale, the printed and executed bonds, the unqualified approving legal opinion of Messrs. Dorsey, Owen, Marquart, Windhorst E West, of Minneapolis, Minnesota, as to each issue, and the usual form of non-litigation certificate. will be made without cost to the purchaser anywhere within the United States. The legal opinion will be printed on the back of each bond. Delivery Sealed bids marked "Bids for $2,625,000 Bonds" may be mailed or delivered to the undersigned and must be received at her office prior to the time of said meeting. Oral auction bids will not be considered. Each bid must be unconditional and accompanied by a cashierls or certified check or bank draft in the amount of $52,500, payable to the Village Treasurer, to be retained by the Village Treasurer as liquidated damages in the event that the bid is accepted and the bidder shall fail to comply therewith. maturities of all $2,625,000 bonds, after deduction of any premium offered, will be deemed the most favorable. of the three issues, but each bid must provide for a single basic rate of interest on all bonds of the same issue having a common maturity date, and no bond shall bear interest at a rate higher than that payable on any later maturing bond ofthe same issue. One additional rate of interest, to be represented by separate and detachable coupons, may be specified for all or any of the bonds of each issue. The basic rate and any additional rate of interest specified for any bond, and the aggregate of such rates, must be integral multiples of 1/4 or 1/10 of 1% per annum, and the aggregate rate of interest for any period on any bond must not exceed 6% per annum. and no bid for less than all of the $2,625,000 bonds described in this notice, will be considered. bids, to waive any informality in any bid, and to adjourn the sale'if deemed expedient. The bid offering the lowest total interest cost computed to the stated Bidders may specify different interest rates for each No bid of less than par and accrued interest to date of bond delivery The Village Council reserves the right to reject any aid all BY ORDER OF THE VILLAGE COUNCIL GRETCHEN S. ALDEN, Village Clerk Edina, Minnesota -- WA 7-8861 4. Each and all of the terms and provisions of the foregoing form of notice are hereby adopted as the terms and conditions of said bonds and of the sale thereof, as fully as though separately set forth and resolved herein. The motion for the adoption of the Soregoing resolution was duly seconded by Trustee Tupa, and.upon vote being taken thereon, the following voted AYE: MacMillan, Tupa, VanValkenburg and Bredesen: and the following voted NO: (No votes), whereupon said resolution was decl Mayor, which was attested by the Vi11 LIQUOR FUND STATEMENTS as at July 31, 1963, were presented, reviewed, and ordered placed on file. (CLAIMS PAID. dated September 9, 1963, was seconded by VanValkenburg and carried: $9,035.59; Construction Fund, $5,124.35; Park, Park Const. & Swim Pool Fund, $34,431.49; Water Fund, $3,781.53; Liquor Fund, $37,908.27; Sewer Rental Fund, $184.68; Improvement Funds, $20,359.12, TOTAL $110,825.03. Motion by Tupa, for payment of the following Claims, as per Pre-List General Fund, Meeting's agenda's having been covered, Tupa moved for adjournment. Motion seconded by VanValkenburg and carried. J Village Clerk