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HomeMy WebLinkAbout19650802_regulari 8/21 65 MINUTES OF THE REGULAR MEETING OF THE IN THE EDINA VILLAGE HALL EDINA VILLAGE COUNCIL, HELD MONDAY, AUGUST 2, 1965, AT 7:OO P.M. Answering Rollcall were Members MacMillan, Rixe , Tupa and VanValkenburg being absent, VanValkenburg served as Ma$or Pro Tem. MINUTES of the Tcojm'cS&Meetings of July 7 and 12, 1965, and the Board of Review on July 14, 1965, were approved as submitted by Motion MacMillan, Seconded by fixe and carried Mayor Bredesen RECREATION CENTER BONDS SOLD. of Notice of Sale of $300,000 Recreation Center BondsI Series A; and $150,000 Recreation The Village Clerk presented Affidavits of Publication Center Bonds, Series B, of the Village, for which bids were to be received at this meeting; in accordance with a Resolution adopted by the Village Council on July 7, 1965, which were approved and ordered placed on file. The Village Clerk reported that six 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 : $300,000 RECREATION CENTER BONDS, SERIES A Maturity Principal Interest Maturity Principal Interest - FIRST EDINA NATIONAL BANK FIRST NATIONAL BANK OF MINNEAPOLIS 9MERICAN NATIONAL BANK TRUST COMPANY OF ST. PAUL KALMAN E COMPANY, INC. E Dates Amount Rate % Dates Amount' Rate % (Segt. 1) (Septa 1) 1968 $10,000 3 1975 $20,000 1969 10,000 3 19 76 .20,000 1970 10,000 3 1977 20,000 1971 10,000 3 1978 30,000 1973 20,000 3.10 1980 30,000 19 74 20,000 3.30 1981 30,000 39 82 30,000 19 72 LO ,000 3.10 1979 30,000 Plus interest accrued from September 1, 1965, to the date of Net interest Cost - $113,090.00 Average Net Interest Rate - .3.231142 per cent per annum 3.20 3.20 3.20 3.20 3.30 3430 3.30 3.30 delivery. 1968 $10,000 '3 19 75 $20,000 3.20 1969 10,000 3 . 1976 20,000 3.20 19 70 10,000 3 1977 20,000 3.20 19 71 10,000 3 . 1978 30,000 3.20 19 72 10,000 3 1979 30,000 3.20 1973 20,000 3 b9 80 30,000 3425 19 74 20,000 3 19 81 30,000 3.25 1982 30 $000 3.25 Plus interest accrued from September 1, 1965, to the date of delivery. Net Interest Cost - $113,677.50 Average Net Interest Rate - 34247928 per cent per annum 1968 $10,000 3 1975 $20,000 1969 10,000 3 19 76 20,000 1970 10,000 3 1977 20,000 19 71 10,000 3 1978 30,000 19 72 LO ,000 3 19 79 30,000 1973 20,000 3 19 80 30,000 1982 30,000 19 74 20,000 3.20 1981 30,000 Plus interest accrued from September 1, 1965, to the date Net Interest Cost - $115,494.00 Average Net Interest Rate - 3.2998 per cent per annum 1968 $10,000 3 1975 $20,000 1969 10,000 3 1976 20,000 1970 10,000 3 1977 20,000 1971 10,000 3 1978 30,000 1972 LO ,000 3 19 79 30,000 1973 20,000 3 L980 30,000 1974 20,000 3 19 81 30,000 1.9 82 30,000 Plus interest accrued from September 1, 1965, to the date Net Interest Cost - $115,655.00 Average Net Interest Rate - 3.3044 per cent per annum 3.20 3.20 3.20 3.20 3.20 3.30 3.30 3.30 of delivery. 3 3.20 3.20 3.20 3.30 3.30 3.30 3.30 of delivery. 8/2/65 $300,000 RECREATION CENTER BONDS, SERIES A Maturity Prin cip a3 Interest Maturity Principal Interest Dates Amount Rate % Dates Amount Rate % (Sept. 1) (Sept. 1) NORTHWESTERN NATIONAL BANK OF bIINNEAPOLIS 1968 $10,000 3 19 75 $20,000 - 3.20 1969 10,000 3 19 76 20,000 3.20 1970 10,000 3 1977 20,000 3.20 19 71 10,000 3 19 78 30,000 31 20 19 72 10,000 3 19 79 30,000 3.30 1973 20,000 3 19 80 30,000 3.30 19 74 20,000 3 39 81 30,000 3.30 19 82 30,000 3.30 I Plus interest accrued from September 1, 1965, to the date of delivery Net Interest Cost - $115;680.00 Average Net Interest Rate - 3.3051 per cent per annub $i5o,ooo RECREATION CENTER BONDS, SERIES B Maturity Principal Interest Maturity Principal Interest Rate % Dates Amount Rate % I (Septa 1) Dates Amount ISept. 1) N ORTHKE STERN NATIONAL BANK OF MINNEAPOLIS E EDINA CETIZEN COMMITTEE FOR THE MUNICIPAL ICE ARENA 1968 $ 5,000 3 1975 $10,000 3 1969 5,000 ‘3 1976 10,000 3 19 70 5,000 -3 1977 10,000 3 1971 5,000 3 1978 15,000 3 19 72 5,000 3 19 79 15,000 ’3 1973 10,000 3 19 80 15,000 3 19 74 10,000 “3 19 81 15,000 3 19 82 15,000 3 Plus interest accrued from. September 1, 1965, to the date of delivery. Net Interest Cost - $52,500 00 Average Net Interest Rate - 3.00 per cent per annum 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. following Resolution and moved its adoption: After consideration of the foregoing bids, Trustee NacbIillan introduced the RESOLUTION AWARDING SAL& OF $300,000 ECREATLON CENTER BONDS, SERIES A BE 3T RESOLVED by the Village Council of the Village of Edina, Minnesota, that the bid of First Edina National Bank, of Edina, Minnesota, and associates, to purchase $300,000 Recreation Center Bonds, Series A,“ of the Village to be dated September 1, 1965, at a price of par plus accrued interest bohds maturing in the years set forth below to bear interest at the respective rates per annum set forth opposite such years: Maturity Years Interest Rat e r 1968 through 1971 3.00% I- 1972 through 1974 3.10% 1975 through 1978 3.20% .L 1979 through 1982 3.30% principal and interest to be payable at the main office of the First National Bank of Minneapolis, in Minneapolis, Minnesota, and to be issued in accordance with the notice of bondasale heretofore duly published, is hereby found and declared to be the highest and bes-t: bid received pursuant to advertised notice of sale of said bonds, and is hereby aid successful I Trustee .Tups, and upon vote being taken t MacBIillan, Rixe, Tupa and VanValkenburg, and the following voted against the same: whereupon said resolution was declared duly passed and adopted and was signed by the Naygo and attested by the Clerk. None; 812765 $53 Trustee Rixe then introduced the following resolution and moved its adoption: RESOLUTION At?mING SALE OF BE IT RESOLVED by the Village Council of the Village of Edina, Minnesota, $150,000 RECREATION CENTER BONDS, SERIES B that the bid of Northwestern NatioBal Bank of Mpls. and Edina Citizens Committee for the Municipal Ice Arena, and associates, to purchase $150,000 Recreation Center Bonds, Series B, of the Village to be dated September 1, 1965, at a price of par plus accrued interest plus a premium of None, bonds maturing in the years set forth below to bear interest at the respective rates per annum set forth opposite such years: Maturity Years Interest Rat e principal and interest to be payable at the main office of the Northweseern National Bank of Minneapolis, In Minneapolis, Minnesota, and to be issued in accordance with the notice of bond sale heretofore duly published, is hereby found and declared to be the highest and best bid received pursuant to advertised notice of sale of said bonds, and is hereby accepted. faith check of said successful bidder and to forthwith. ATTEST : 1968 through 1982 3.00% The Village Clerk is directed to retain the good egoing resolution was MacMillan, Rixe, Tupa and VanValkenburg, and the following voted against the same: None; whereupon said resolution was declared duly passed and adopted and was signed by the Mayor Pro Tem and attested by the Clerk. Trustee MacMillan then introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE ISSUANCE OF $450,000 RECREATION CENTER BONDS, PRESCRIBING THEIR FORM AND DETAILS AND COVENANTS WITH RESPECT THERETO BE IT RESOLVED by the Village Council of the Village of Edina, Minnesota, as 1. follows : adopted July 7, 1965, entitled "Resolution Providing for the Public Sale of $450,000 Recreation Center Bondsaa, the Village shall forthwith issue its Recreation Center Bonds, which have now been duly advertised and sold. principal amount of $450,000, consisting of two series, the bonds of Series A in the principal amount of $300,000, consisting of 60 bonds numbered from 1 through 60, each in the denomination of $5,000, and the bonds of Series B in the principal amount of $150,000, consisting of 30 bonds numbered from 1 through 30, each in the denomination of $5,000. shall mature in order of serial numbers and without option of prior payment on Spptember 1 in the years and amounts set forth below, bonds maturing in such years bearing interest from date of issue until paid at the annual rate set forth opposite such years and amounts, respectively: Maturity Principal Inter est Maturity Principal Interest Years Amount Rate Years Amount Rate Pursuant to the authority and for the purpose described in the resolution The bonds shall be in the aggregate The bonds of each series shall be dated as of September 1, 1965, and Serial A Serial B 1968 $10,000 3.00% 1968 $ 5,000 3.00% 1969 1970 1971 1972 1973 1974 1975 1976 1977 1978 1979 1980 198 1 1982 10,000 10,000 10,000 10,000 20,000 20,000 20,000 20,000 20,-000 30,000 30,000 30,000 30,000 30.000 3.00% 3.00% 3.00% 3.10% 3.10% 3.10% 3.20% 3.20% 3.20% 3.20% 3 .' 30% 3.30% 3.30% 3.30% 1969 1970 1971 1972 1973 1974 1975 1976 1977 1978 1979 1980 1981 1982 5,000 5,000 5,000 5,000 10,000 10,000 10,000 10,000 10,000 15,000 15,000 15,000 15,000 15,000 3 t 00% 3.00% 3.00% 3.00% 3.00% 3.00% 3.00% 3.00% 3.00% 3.00% 3.00% 3.00% 3.00% 3.00% Interest on the bonds shall be payable on March 1, 1966, and semiannually thereafter on each September 1 and March 1. Principal and interest on the'bonds of Series A shall be payable at the main office of the First National Bank of Minneapolis in Hinneapolis, Minnesota, and principal and interest on the bonds of Series B shall Minneapolis, Minnesota, and the Village hereby agrees to pay the reasonable and customary charges of such paying agents. ~ , I be payable at the main office of the Northwestern National Bank of Minneapolis, in I 8/2/65 Z\ The bonds shall be printed in substantially the following form, with suitable variations as to the Series: UNITED STATES OF &ERICA STATE OF MINNESOTA COUNTY OF -PIN VILLAGE OF EDINA RECREATION CENTER BOND, SERIES A (SERIES B) No. $ KNOW ATL MEN BY THESE PRESENTS that the Village of Edina, Hennepin County, THOUSAND DOLLARS on the 1st day of September, 19 , Ninnesota, acknowledges itself to be indebted and for value received promises to pay to bearer the sum of without option of prior payment, and to pay interest Qn said principal sum at the rate of per cent ( %) per annum, from the date hereof until the principal sum is paid, and additional interest at the rate of per cent ( %) per annum from , 19 , to , 19 ; such interest being payable semi- annually on the 1st day of March and the 1st day of September in each year, commencing March 1, 1966, and interest to maturity being payable in accordance with and upon presentation and surrender of the interest coupons appurtenant hereto, *consisting of one set serially numbered representing interest to maturity at the basic rate- applicalbe to this bond, and a separate set numbered B-l through B- , representing interest at the additional rate payable for the limited period stated above. Both principal and interest are payable at of the United States of America which on the respective dates of payment is legal tender for public and private debts. principal and interest respectively become due the full faith, credit and taxing powers of the Village have been irrevocably pledged. This bond is one of a series in the aggregate principal amount of $300,000 ($lSO,OOO), all of like date and tenor except as to serial number, maturity date and interest rate, issued by the Village for the purpose of financing the construction of a municipal recreation center, consisting primarily of an artificial ice-skating facility, and is issued pursuant to resolutions duly adopted by the Village Council and'pursuant to and in full conformity with the Constitution and laws of the State of Minnesota thereunto enabling, including Laws 1961, Chapter 655. conditions and things required by the Constitution and laws of the State of Minne- sota to be done, to happen, to exist and to be performed precedent to and in the issuance of this bond in order to make it a valid and binding general obligation of the Village according to its terms have been done, have happened, do exist, and have been performed in regular and due form, time and manner as so required; that the Village has pledged and appropriated to the special fund for the payment of the bonds so much of thenet revenues to be derived from the operation of the municipal recreation center and of the municipal liquor dispensary as shall be required to pay the principal thereof and interest thereon when due and to establish and main- tain at all times a reserve equal to the average, annual amount of such principal and interest, provided that if such revenues should at any time prove insufficient €or these purposes the Village is required to levy ad valorem taxes upon all tax- able property witliin its corporate limits, without limitation as to rate or amount, for the payment of the bonds and interest thereon when due; and that this bond, together with all other indebtedness of the Village outstanding on the date hereof and on the date of its actual issuance and delivery, does not exceed any constitu- tional or statutory limitation of indebtedness. IN WITNESS WHEREOF, the Village of Edina, Hennepin County, Minnesota, by its Village Council has caused this bond to be executed in its behalf by the facsimile signature of its Mayor and the manual signature of the Village Manager, and sealed with its official seal, and has cuased the interest coupons appurtenant hereto and the certificate appearing on the reverse side hereof to be executed and authenticated by the facsimile signatures of said officers, and has caused this bond to be dated as of September 1, 1965. , in 3 , in any coin or currency For the prompt and full payment thereof as the IT IS HEREBY CERTIFIED, RECITED, COVENANTED AND AGREED that all acts, (Facsimile signature) ' Mayor Countersigned : iri'i%&e Eianager (SEBL) , 8/2/65 (Form of Coupon) On the first day of March (September), No. J $ 19 the Village of Edina, ( Hennepin County, Minnesota, will pay to- bearer at I 3 in ¶ , the amount shown hereon in lawful money of the United States of America, for the installment of interest then due on its Recreation Center Bond, Series A (Series B), dated September 1, 1965, No. . (Facsimile signature) Village 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.) Ve certify that the above is a full, true and correct copy of the legal opinion rendered by bond counsel on the issue of ReciEeation Center Bonds, Wries A (Series B), of the Village of Edina, Hennepin County, Minnesota, which includes the within bond, dates as of the date of delivery of and payment for the bonds. (Facsimile signature) (Facsimile signature) 3. and executed in behalf of the Village by the printed, engraved or lithographed facsimile signature of the Mayor, manually attested by the Village Manager, and the corporate seal of the Village shall be affixed thereto, and the appurtenant interest coupons and the certificate on the reverse side of the bonds referring to the legal opinion thereon shall be executed and authenticated by the printed, engraved or lithographed facsimile signatures of the Mayor and Village Manager. When the bonds have been so executed and authenticated, the Treasurer shall deliver them to the purchasers in accordance with the contracts of sale heretofore entered into, on receipt of the agreed purchase price including accrued interest to the date of such delivery, and the purchasers shall not be required to see to the proper application of the proceeds of the bonds. 4. Upon delivery of the bonds herein authorized, the bond proceeds shall be credited to the fund established for construction of the recreation center now beipg constructed, in accordance with approved plans and specifications, on the following-described property of the Village: (F ac s imi 1 e signature) Village Manager Mayor The bonds shall be prepared under the direction of the Village Clerk Parcel 640, Section 7, Township 116, Range 21 West, being part of a 410 acre tract formerly known as Hay's Farm. 5. It is hereby found, determined and declared that net revenues derived from operation of the municipal liquor stores, in excess of the cost of operation and maintenance thereof, in the fiscal year which ended December 31, 1964, were in excess of $275,000, which amount exceeds the maximum amount of principal and interest to become due in any future fiscal year on all of the outstanding Golf Course Bonds of the Village, dated as of December 1, 1963, and on the bonds herein authorized. From net revenues derived from operation of the municipal liquor stores and now on hand the sum of $36,215 is hereby appropriated and shall be credited forth- with to the Bond Account of the Recreation Center Fund referred to below, which amount exceeds the average annual amount of principal and interest to become due on the bonds herein authorized in all future fiscal years. The Village is therefore authorized by Chapter 655, Laws 1961, to secure the bonds herein authorized by the covenants and agreements hereinafter set forth. 655, net revenues to be derived from operation of the municipal liquor stores, in excess of the cost of such operation and maintenance and commodities purchased therefor, are hereby pledged to payment of the Recreation Center Bonds and interest thereon. By Ordinance No. 131 the Village has established its municipal liquor dispensary, now consisting of three retail stores, for the sale of intoxicating liquor, and has created a municipal liquor dispensary fund in which all revenues received from operation of the dispen4ary are required to be deposited and from which all ordinary expenses, operation and maintenance are required to be paid. Village covenants and agrees, for security of its taxpayers and of the holders of the bonds herein authorized, that it will maintain in said fund an Operating Account, to which shall be charged and from which shall be paid only those items of disbursement which, in accordance with accepted accounting practices, constitute normal, reasonable and current costs of operation and maintenance of thestores, including without limitation compensation of, the liquor store manager or managers and other necessary employees, insurance, utility services, and cost of maintenance of a reasonable stock of merchandise; that it will credit to the liquor dispensary fund a11 receipts from sale of intoxicating liquor and from the sale of other mer- chandise and services on the dispensary premises, and from the rental of any portion of the liquor dispensary building, and from the sale of any equipment or furnishing pruchased for the dispensary and not needed to be retained, which receipts are re- ferred to in this resolution as the gross revenues; and that the net revenues pledged for payment of the bonds herein authorized include all gross revenues from time to time on hand in the liquor dispensary fund in excess of a balance in the Operating account equal to the sum of all claims due and payable within one month. In accordance with said Chapter The ?. ._ I 8/2/65 16. The recreation center, when completed, shall be operated as a revenue producing public convenience, and the Village further covenants and agrees for the security of its taxpayers and the holders of the bonds that until said bonds and interest are fully paid it will maintain on its official financial records a separate and special Recreation Center Fund, to be administered and accounted for as follows: will credit as received all gross revenues received by it from its ownership and operation of the Recreation Center, including, but without limitation, fees to be I charged to all persons making use in any manner of the recreational facilities provided by the center, rentals to be charged for all use of lockers or other space on the premises, and charges to be made for all merchandise sold on the premises. The Operatipg Account will be used only to pay disbursement items which, according to accepted accounting practices, constitute normal, reasonable and current costs of the operation and maintenance of the Recreation Center, including, but without limi- tation, sazaries and wages of the manager and other persons necessarily employed in the operation and maintenance of the center and the collection of charges for its extent that their tige is actually and necessarily spent in the administration and maintenance of the R creation Center; premiums for such insurance on the center premises and buildings and against liability incurred in the operation thereof as is customarily carried by prudent owners of similar properties; utilities; supplies required for the maintenance of the center in the same condition as when completed in accordance with the plans and specifications; and the cost of merchandise sold. The balance of gross revenues from time to time on hand in the Recreation Center Fund in excess of the sum of the claims properly due and payable from the Operating Account, plus the reasonably estimated amount of such claims to becomedue and pay- able within one month, constitutes the net revenues which are pledged and appropriated by this resolution for the payment of the bonds herein authorized. the payment of the principal and interest when due on the Recreation Center Bonds and for the maintenance of a reserve securing such payments in the sum of $36,215 appropriated thereto incparagraph 5 of this resolution. From the net revenues on hand in the Operating A count there shall be transferred to the bond account each month a sum equal to not less than one-sixth of the interest to become due on the then next succeeding interest payment date plus one-twelfth of the principal to become due on the then next succeeding maturity date of the bonds, and if the net revenues on hand in any month are not sufficient to comply fully with this requirement, the deficiency shall be restored to the bond account out of the next net revenues thereafter received; except that such transfers may be discontinued when and as the total balance in the Bond Account, together with the payments of principal and interest to become due on any general obligation securities of the United Stated Government in which such balance may be invested, is sufficient to pay all remaining principal and interest to become due on said bonds. Any net revenues from time to time remaining in the Recreation Center Fund, after compliance with paragrpahs 68 and 6B above, shall be available to finance the improvement: of the Recreation Center or the acquisition, betterment, operation or maintenance of other municipal recreational facilities, or to pay the principal and interest on addirional bonds issued €or the acquisition or betterment of such facilities, or for any other proper corporate purpose for which they may be appropriated by the Council in accordance with law; provided, however, that no additional bonds shall be issued and made payable from thenet recreation center revenues unless the pledge of such revenues for the payment of such bonds is expressly made subordinate to the first lien on and pledge of said revenues for thepaymentof principal and interest due and the maintenance of the reserve securing the Recreation Center Bonds herein authorized. D. sufficient to transfer to the Bond Account the amounts then and theretofore required in paragraph 6B above, the amount of the deficiency shall be advanced from the net revenues then on hand in the liquor dispensary fund, and such advances shall be repaid from the next net recreation center revenues then received in the Bond &count. E. or in part from the net revenues of the municipal liquor dispensary, whether pursuant to Laws 1961, Chapter 655 or any other applicable law, provided that the pledge of the net liquor revenues for the payment of such bonds and interest is expressly made subordinate to the first lien on and pledged thereof for the payment of the principal and interest on the Recreation CenterBonds herein authorized and the maintenance' of the agreed reserve securing such payments, unless the net liquor revenues received during the fiscal year immediately preceding such issuance shall have been not less than one and one-quarter times the maximum amount of principal and interest to become.due in any subsequent fiscal year on the Recreation Center Bonds and all other bonds then payable from such net revenues, including the additional bonds then proposed to be issued. fiscal year preceding any such issuance have conformed to the condition prescribed in the preceding sentence, the additional bonds so issued may be made payable from the net liquor dispensary revenues on a parity with the Recreation Center Bonds as to both principal and interest, without preference or priority of one bond over -_ any other; except that if the net liquor revenues on hand at any time are not - A. An Operating Account will be maintained within the fund, to which the Village I B. A Bond Account will also be maintained in the fund, to be used solely for I C. In the event that at any time the net recreation center revenues are in- Nothing herein shall prevent the future issuance of bonds payable in whole I In the event that the net revenues received in the 8/2/65 3/57 sufficient with other funds then on hand for the payment of all such bonds, to pay in full the principal and interest then due, the balance of net liquor revenues then available shall be allocated to the Bond Account of the Recreation Center Fund and to the respective funds established for the payment of other bonds, in proportion to the principal amount of bonds of each issue which are then outstanding. 7. Pursuant to said Laws 1961, Chapter 655, the full faith, credit and taxing powers of the Village are also irrevocably pledged for the prompt and full payment of the principal and interest on the Recreation Center Bonds as such principal and interest respectively become due. The appropriations. and covenants contained in this resolution are deemed to be sufficient to assure the payment of such principal and interest and the maintenance of additional reserves as required by said Chapter 655 and by Minnesota Statutes, Chapter 475. Accordingly, no tax is presently levied for this purpose. However, if on October 1 in 1966 or in any subsequent year the balance on hand in the Bond Account of the Recreation Center Fund should be less than the sum of such principal and interest to become due in the ensuing claendar year, the Village covenants and agrees that it will levy a tax sufficient with thenet liquor dispensary revenues and net recreation center revenues then on hand in said account, to pay all such principaland interest, which tax shall be levied upon all taxable property within the corporate limits of the Village, without limitation as to rate or amount. The Village Clerk is hereby authorized and directed to file with the County Auditor of Hennepin County a certified copy of this resolution, together with such other information as the.County Auditor may require, and to obtain from said County Auditor a certificate that the tax required by law for the payment of said bonds has been levied, and that said bonds have been entered upon his bond register. 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 of the Village relating to said bonds and to the financial'condition and 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 { 8. 9. The officers of the Village and County Auditor of Hennepin County are ATTEST: // ./ Village Clerk The motion for the adoption of e foregoing resolution F s duly seconded by Trustee Tupa, and upon vote bei taken thereon, the following voted in favor thereof: MacMillan, Rixe, Tupa and VanValkenburg and the following voted against the same: and was signed by the Mayor Pro Tem and attested by the Village Clerk. None; whereupon said resolution was declared duly passed and adopted TYLER AVE. FROM BEIMORE LANE TO NORTH VILLAGE LIMITS VACATED. that this street vacation had been continued from July 12 and that he had sent to Council Members a complete memo, after a meeting with Mr. and Mrs. Geron Carlson, in which he had recommended vacation. Mr. Hyde stated that the error in this platting was made prior to incorporation of the Village. Other problems involved would bot be affected by the vacation. Mrs. Beauford Carlson, 6600 Belmore Lane, stated that she wanted it known that she and her htisband had not been the instigators of the petition. She also stated that the Geron Carlsons still wanted to know if they could have some assessment tax relief, but that they were willing to approve the vacation. the additional land, Mr. Hite stated that the property would revert to Lots 1 through 13, Block 1, in West Minneapolis Heights. If desired, the owners on Dearborn Ave. could purchase this land from the West Minneapolis Heights owners. MacMillan then offered the following resolution authorizing vacation of the above-mentioned street: RESOLUTION VACATING A PORTION OF Manager Hyde explained In response to Mrs. Carlson's question as to which property acquires TYLER AVENUE WHEREAS, two weeks' published, posted and mailed notice of a Hearing to be held on June 21, 1965, at 7:OO P.M., on the proposed vacation of the street hereinafter described has been given and made, and a hearing has been held thereon by the Village Council: NOV, THEREFORE, be it resolved by the Village Council of the Village of Edina, Hennepin County, Minnesota, that that part of Tyler Avenue between Belmore Lane and the North Village Limits, all as platted and of record in the office of the Register of Deeds in and for Hennepin County, Minnesota, be and is hereby vacated effective September 6, 1965, unless on or before said date this Resolution is amended, annulled or rescidded by the Village Council. four ayes and no nayes and the resolution ATTEST: 11 there were 8/2/65 VACBTION OF ALLEY FROM BEDFORD AVENUE TO 129' EBST DENXED, and Publication were presented by the Clerk, approved as to form and ordered placed on file, One with two property owners favoring vacation and one signed by four property owners opposing vacation. of the alley with the aid of the view-graph. stated that he owned lots 1, 2 and 3, Brookside Heights, and that he would like to register his protest against the vacation because of the fact that he plans on developing his lots, Nr. Hite pointed out that the alley right-of-way is a natural water course and that the closest storm sewer is on Interlachen Blvd. MacMillan's motion to deny vacation until developing and storrn sewer problems have been resolved was seconded by Tupa and unanimously carried. Petitioners Donald L. Colvin, 5005 Bedford, and W. R. Winsor, 5013 Bedford, appeared at the meeting after the above action had been taken and were told the alley would not be vacated until drainage improvements had been determined. trimming trees in the alley, Mr. Hyde stated that the tree trimming budget is very limited and that there are no funds in the general levy for normal tree care. Affidavits of Mailing Two petitions were presented. Mr. Hite explained terrain Peter M. Dougall, 5100 Newton Ave. S,, I In reply to question relative to the possibility of the Village YORK AVENUE CUL-DE-SAC VACATION CONTINUED. publication which were approved as to form and ordered placed on file. explained with the aid of the view graph that the area to be vacated has been replaced by a new cul-de-sac located to the south. Mr. George Maloney, attorney for the Misses Pierce, stated that hisfclients own a private easement which extends 25' each side of a line between Lots 6 and 7, Cassin's Replat, which was obtained from Mr. Roy Peterson at the time the property was sold to him. Mr, Hite stated that the Village has a public road easement from Mr. Peterson. In reply to Mr, Ma1oney"s question as to whether or not curb had been installed, Mr. Hite stated that they are in the process of this installation at the present time. continue vacation to the first meeting in September was seconded by Tupa and carried. Clerk presented Affidavits of Mailing and Mr. Hite NacMillan's-motion to EETITIONS RECEIVED. The following petitions were received, reviewed and ordered referred to the Engineering Department for programmirig: 1. 2. Grading and Gravelling - Gleason Road between Dewey Hill Road and Schey Drive. Oiling - VanBuren Ave, from and including 400 through 425 VanBuren, SCKAE!?ER ROAD WATERMAIN EXTENSION REQUESTED, Dr. Carl Rice, 5113 Schaefer Road, has requested that Watermain 8200 be extended in order to provide two connections for his property, watermain 320' and would pass the property of Mark S, Dalquist, 5012 Schaefer Road, who has stated that he has no objections to the extension of the watermain if he did not have to pay at this time and that he would be agreeable to a deferred connection charge, Attorney Whitlock commented that the area of an improvement cannot be increased without an improvement hearing, but that with the consent of affected properties, the necessity of a hearing would be eliminated. Mr. Hite pointed out that timing is such that if the extension is to be installed, it should be authorized at this meeting-before equipment is removed from the site and the cost increased accordingly. legal clarification was seconded by Madillan and on Rollcall all voted aye and the motion was carried. Trustee HacMillan asked that the record show that this action (as is so often the case) isthe result of an emergency which would not have come about had property owners previously heeded the advice of Village Engineers. Manager Hyde informed Council that This request would exeend the Rixe's motion to approve extension of Watermain #200 subject to LIBRARY PROGRESS REPORTED. architects, none of whom could meet a schedule of having the building under construction before frost. Fees of all were relatively the same and none would submit preliminary sketches. Mr, Hyde stated that he would talk to three of the architects, get ideas as to the type of architecture they propose and have a firm recommendation by next Council meeting. NEW PARK BOARD MEMBERS NAMED, C. S. Jordan and Walter Robilliard from the Park Board, He also announced that Mayor Bredesen, with Council confirmation, will appoint Richard Enroth and Elmer S. Conover to the Park Board to fill out the unexpired terms of the above-mentioned members. Council confirmed, unanimously, these appointments which will be in effect until January 1, 1967. Mr, Hyde reported that he had communicated with nine Mr, Hyde announced with regret the resignation of I OUTLOT 1, CASSIN'S REPLAT C0M)EMNATION PROCEDINGS AUTHORIZED. Mr. Hyde informed Council that 3f.r. Roy Peterson, owner of Outlot 1, Cassin's Replat, is asking $24,000 for the property over which the Village needs an easement for storm water storage purposes. Mr. George Maloney, representing the Misses Pearce, asked whether or not there were any changes in the original plans for use of the property and was told that there were none. the outlot would be assessed for this additional cost and was advised that the property is not within the storm sewer assessment district, MacMillan then offered the following Resolution and moved its adoption: Mr, Maloney questioned whether the south 665 feet of I59 8/2/65 RESOLUTION AUTHORIZING CONDEMNATION PROCEEDINGS FOR ACQUISITION OF OUTLOT 1, CASSIN'S REPLAT WHEREAS, t..e Village of Edin a is in need of a Storm Sewer Storage Easemen, in Outlot 1, Cassin's Replat, and WHEREAS, the owner of said property is asking an unrealistic price for the property 9 NOW, THEREFORE, BE IT RESOLVED that the Village Attorney be authorized to institute condemnation proceedings in order that the Village acquire said property at a reasonable price. de recalled to an ordinance is being considered which would amend the Medical District Zoning Ordinance to allow this type of usager Council is again requested to allow this use. real estate office in the Southdale Medical Building as a use being related to the general concept of the Medical District Zoning Ordinance was seconded by Tupa and unanimously carried. Inasmuch as a reliable tenant is available at this time, Rixe's motion for approval of the HENNEPIN COUNTY STMET MAINTENANCE DISCUSSED, City of Bloomington had made a formal application to Hennepin County which would allow Bloomington to take care of snow plowing, str-et cleaning, storm sewer maintenance, etc, on County facilities within Bloomingtonr This would eliminate considerable duplication of effort and should speed up services. had discussed the matter briefly wihh the County Highway Engineer and asked permission to investigate the possibility of Edina also doing this work on a contract basis. MacMillan's motion that investigation be continued by Mr. Hyde was seconded by Tupa and unanimously carried. Manager Hyde informed Council that the 14rr Hyde further stated that he W, 56TH STREET NAME CHANGE TO "DUNDEE ROAD" OFFERED FOR FIRST READING. Clerk presented Affidavits of Publication and of Mailing of Notice of Public Hearing of Proposed Street Name Change. Road could be seen more easily from Highway 169, Ordinance for First Reading: Mr, Hyde reported that the request was requested in order that Dundee MacMillan then offered the following ORDINANCE NO, 164-30 AN ORDINANCE AMENDING VILLAGE OF EDINA ORDINANCE CERTAIN ROADS, STBETS AND AVENUES OF THE VILLAGE NO. 164 ENTITLED I' AN ORDINANCE NAMING AND RENAMING OF EDLNA THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS; Section 1. "Section 46. Ordinance No. 164 of the Village, as amended, is hereby €urther amended by adding after Section 45 the following; same is of record in tihe office of the Register of Deeds of Hennepin County, is hereby renamed Dundee Road," publication, W. 56th Street between Dundee Road and Highway #169, as the Section 2. This Ordinance shall be in effect from and after its passage and BOUNDARY BOULEVARD STREET NAME CHANGE TO "VIKING' BOULEVARD" OFFERED FOR FIRST READING. Clerk presented Affidavits of Publication and Mailing of Notice of Public Hearing oE Proposed Street Name Changer Curry Insurance Co. and Rauenhorst Construction Company, submit comment on the matter and no further discussion was heard &?om the Council. MacMillan then offered the following Ordinance for First Reading: Mr.. Hyde reported that-the request was made by Dunn E No persons were present to ORDINANCE NO. 164-31 AN ORDINANCE AMENDING VLLLAGE OF EDINA ORDINANCE CERTAIN ROADS, STREETS AND AVENUES OF THE VILLAGE NO. 164 ENTITLED "AN ORDINANCE NAMING AND RENAMING OF EDINA THE VILLAGE; COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS: Section 1,' Ordinance No. 164 of the Village, as amended, is hereby further "Section 47. Section 2. amended by adding after Section 46 the following; Register of Deeds of Hennepin County , is hereby renamed "Viking Drive.." publication, Boundary Boulevard as the same is of record in the office of the This Ordinance shall be in effect from and after its passage and 8/2/65 INDIAN HILLS STREET REPAIR HEARING DATE SET. moved its adoption: RESOLUTION PROVIDING FOR PUBLIC HEARINGS ON Tupa offered the following Resolution and RUBBERIZED SEAL COAT BE IT RESOLVED by the Village Council, Village of Edina: 1. The Village Engineer, having submitted to the Council a preliminary report as to the feasibility of the proposed Rubberized Seal Coat described in the form of Notice of Hearings set forth below, and as to the estimated cost of such improvements, said report is hereby approved and directed to be placed on file in the office of the Village Clerk. 2. This Council shall meet on Monday, August 36, 1965, at 7:OO P.M. in the Edina Village Hall, to consider in public hearing the views of all persons interested in said improvements. 3. The Clerk is hereby authorized and directed to cause notice of the time, place and the purpose of said meeting to be published in the official newspaper once a week for two successive weeks, the second of which publicatiBns is to be not less than three days from the date of said meeting, and to mail notice io all affected properties not later than ten days from the date of said meeting, which notice shall be in substantially the foLlowing form: RUBBERIZED SEAL COAT THE EDINA VILLAGE COUNCIL will meet at the,Edina Village Hall on Monday, August 16, 1965, at 7:OO P.M. , to consider the following proposed improvement to be constructed under the authority granted by Minnesota Statutes 1961, Chapter 429, The approximate cost of said improvement is estimated by the Village as set forth below: CONSTRUCTION OF RUBBERIZED SEAL COAT ON THE I NOTICE OF PUBLIC HEARING'ON " ESTIMATED COST . FOLLOWING STREETS : Indian Hills Road from Indian Hills Pass to west Mohawk Trail from West Trail to .Indian Hills Road Dakota Trail from south line of Indian Hills Indian Hills Road from Navaho Trail to Cherokee Trail Cheyenne Trail from south line of Indian Hills Blackfoot Pass from Cheyenne Trail to Indian Hills Rd. line of Indian Hills Addition Addition to Indian Hills Road Addition to Indian Hills Road I Indian Hills Circle from Indian Hills Road to cul-de-sac $10 , 120 . 95 The area proposedto be assessed for the cost of the proposed Rubberized Seal Coat includes a11 lots and tracts of land abutting the streets listed above, Florence Hallberg Motion for adoption of the Resolution was sec four ayes and no nayes and the Resolution was ATTEST : sen Road, with MacMillan's violation of Ordinance #142-3 in order to bring the matter to trial. motion that Mr. Whitlock proceed as requested was seconded by 8ixe and carried unanimously. CLAIMS PAID. August 2, 1965, as follows: Park, Park Construction, Swim Pool and Golf Course, $9,546.04; Water Fund, $6,913.21; Liquor Fund, $25,928.21; Sewer Rental Fund, $545.03; Total $50,560..43. seconded by Rixe and carried. The evenings agenda having been covered, Tupa moved for adjournment. by MacMillan and carried. Tupa moved for payment of the following Claims as per Pre-List dated Construction Fund, $6,734..44; Construction Fund, $893,50; Motion I Motion seconded Adjournment at 8:OO P.M. LA0 h Village Clerk