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HomeMy WebLinkAbout19651018_regular10 /18/6 5 HINUTES OF THE REGULAR NEETING OF THE EDINA VILLAGE COUNCIL, HELD MONDAY, OCTOBER 18, 1965, EDINA VILLAGE HALL ROLLCALL was answered by members Macl.iillan, Tupa, VanValkenburg and Bredesen. ATTORNEY'S REMARKS ON RE-ASSESSMENT POLICY NOTED. in advising them relative to Storm Sewer No. 80 at the meeting of October 4, on conditions by which Council could call for a Re-assessment Hearing, he neglected to mehtion that this action for re-assessment could also be taken if Council considered. the assessment excessive , remarks were merely noted for the record. Mr. Whitlock stated that he had also given this information to Mr. Thorpe's attorney. Mr. Ilhitlock informed Council that This condition, however, did not exist and Mr. Glhitlock' s SPECIAL ASSESSMENTS LEVIED ON VARIOUS IMPROVEMENTS. , Clerk presented Affidavits of Mailing and of Publication in the Edina-Morningside Courier, which Affidavits were approved as to form and ordered placed on file. Hearings were conducted and action was taken by the Council as hereinafter recorded: Pursuant to due notice given, Public PROPOSED- ASSESStENT FOR STREET IWROVEt4ENT NO. B-76 APPROVED, was presented-by blanager Hyde who gave the cost of $5,451.60 to be assessedon 1,320 Tabulation of assessment Sssessable feet. at a cost of $4.13-per assessable foot. offer objections at the meeting and none had been presented prior thereto. motion for approval of Special Assessment No. B-76 was seconded by VanValkenburg and unanimously carried, No persons were present to 1.lacMillan's (See Resolution Ordering Improvement later in Minutes . ) PROPOSED ASSESSMENT FOR STREET 114PROVEbSENT NO, S-3 APPROVED. was presented by ldr. Hyde who gave the total construction cost at $5,685.16 to be assessed la-t+$3i364-,~e~?,.iissessahle foa2 on 1,690 assessable feet . presented at Hearing and none had been received prior ther-to, offered the following Resolution.and moved its adoption: Tabulation of assessment No objectibns were VanValkenburg then RESOLUTION ADOPTING AND CONFLRi.fING ASSESSbENTS FOR STIEET IMPROVEMENTS NOS. B-76 AND S-3 BE IT RESOLVED by the Village Council of the Village of Edina, Minnesota, as follows: assessment rolls for the improvements hereinafter referred to, and at such hearings held on October 18, 1965, has considered all oral and written objections presented against the levy of such assessmentsI office of the Village Clerk for the Street Improvements Nos. B-76 and S-3 does not exceed the local benefits conferred by said improvements upon the lot, tract or parcel of Land so assessed, and a11 of said.assessments are hereby adopted and confirmed as the proper assessments on account of said respective improvements to be spread against the benefited lots, parcels and tracts of land described therein. The assessments shall be payable in five equal annuaL installments, the first installment to be payable in 1966, and all unpaid installments shall bear interest at the rate of 6.05% per annum. The Village Clerk shall forthwith prepare and transmit to the County Auditor a copy of this resolution and a certified duplicate of said assessments, with each then unpaid installment and interest set forth separately, to be extended on the tax lists of the County in accordance with this resolution. payable by a county, a political subdivision or by the owner of any right-of-way, as required by Minnesota Statutes, Section 429.061, Subdivision 4, and if any such assessment is not paid in a single installment, the Village Treasurer shall arrange for collection thereof in installments, as set forth in said section. Motion for adoption of the Resolution was seconded four ayes and no nays and the Resolution was ado ATTEST : 1. The Village has given notice of hearings as required by law on the proposed 2, Each of the assessments as set Eorth in the assessment rolls on file in the 3. 4, 5. The Clerk shall also mail notice of any special assessments whikh may be a11 there were IIPROVELGNT NO. 765 REFERRED TO VILLAGE ATTORNEY RELATIVE TO SPECIAL ASSESSMENT, Mr. Hyde informed Council that this improvement was for the removal of a house at 5820 St. Johns Avenue in the amount of $335.00 to be levied against Lot 6, Block a, Fairfax Addition. Mr. Hyde stated that Earl A. Carlson, owner of the property, had protested that only $100 could be assessed. by Tupa, and unanimously carried, the assessment was referred to Attorney Whitlock for clarification as to whether or not $100 could be )charged for each of three nuisances: one for the removal of the house, one for removal of the basement, and one for filling in the backyard. By motion of VanValkenburg, seconded i 10 /18/65 PUBLIC HEARING 014 PROPOSED ASSESSMENT FOR STREET OILING FOR 1965. assessment was given by Mr. Hyde as $11,315.36 total assessable cost to be levied on 40,412 feet, a11 streets having been named in Notice of Proposed Assessments as contained on page 226 of this Minutes Book, at a cost of 28G per assessable foot. There were no objections made at the meeting and no written objections had been made prior thereto . VanValkenburg then offered the following Resolution and moved its adoption : Tabulation of RESOLUTION ADOPTING AND CONFLRMING ASSESSIENT 1965 OILING IMPROVsMENT BE IT RESOLVED by the Village Council of the Village of Edina, Minnesota, as follows: assessment roll for the improvement hereinafter referred to, and at such hearing held on October 18, 1965, has considered all oral and written objections presented against the levy of such assessments. office of the Village Clerk for the 1965 Oiling Improvement does not exceed the local benefits conferred by said improvement upon the lot, tract OP parcel of land so assessed, and a11 of said assessments are hereby adopted+and confirmed as the proper assessments on account of said respective improvement to be spread against the benefited lots, parcels and tracts of land described therein. 3. The total amount of such assessment shall be payable in one installment, said installment, together with interest at 5% to be payable with the general Saxes for the year 1965, , 4. a copy of this resolution and a certified duplicate of said assessments, with each then unpaid installment and interest set forth separately, to be extended on the tax lists of the County in accordance with this resolution. payable by a county, by a political subdivision or by the owner of any right-of-way as required by Minnesota Statutes, Section 429.063, Subdivision 4, and if any such assessment is not paid in a single installment, the Village Treasurer shall arrange for collection thereof in installments, as set forth in said section. 1, The Village has given notice of hearing as required by law on the proposed 2. Each of the assessments as set forth in the assessment roll on file in the The Village Clerk shall forthwith prepare and transmit to the County Auditor 5. The Clerk shall also mail notice of any special assessments which may be Motion for adoption of the Resolution was seco four ayes and no nays and the Resolution was ATTEST : Tupa and on Rollcall there were PORTION OF W., 67TH STREET VACATION AGAIN ORDERED. error in publication, the vacation process had been repeated for a portion of W, 67th St. MacMillan then offered the following Resolution and moved its adoption Mr. Hyde stated that because of an RESOLUTION VACATING A PORTION OF WEST 67TH STREET WHEREAS, two weeks' published, posted and mailed notice of a Hearing to be held on October 18, 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: NOW, THEREFORE, be it resolved by the Village Council of the Village of Edina, Hennepin County, Minnesota, that that part of West 67th Street lying west 129.54 feet from the east property line of York Terrace extended, 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 November 22, 1965, unless .on or before said date this Resolution is amended, annulled or rescinded by the Village Council. Motion for adoption of the Resolution was seconde ATTEST : Tupa and on RollcaLl all voted aye and the Resolution Village Clerk SUMMIT ,AVE,.- FROM VERNON AVE. SOUTH VACATED. Grandview Construction Company, 5000 Normandale Road, for vacation of a portion of Manager Hyde presented petition of Summit Ave. VanValkenburg offered the following Resolution : ESOLUTION VACATING A PORTION OF SUMMIT AVEI\IUE WHEREAS, two week's published, posted and mailed notice of a Hearing to be held on October 18, 1965, at 7:OO P.M. on the proposed vacation of the street hereina€ter described has been given and made, and a Hearing has been held thereon by the Village Council ; 10 /18/65 NOW, THEREFORE, be it resolved by the Village Council of the Village of Edina, Hennepin County, Minnesota, that that portion of Summit Avenue lying South of the southerly right-of-way line of Vernon Avenue (T'H, 169-212) and N'orth of the line formed by an extension of the southerly line of Lot 20, Block 3, Grandview Heights Addition, 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 November 22, 1965, unless on or before said date this Resolution is amended, annulled or rescinded by the Village Council. t.lotion for adoption of the Resolution was seconded aye and thb Resolution was unanimously adopted, ATTEST : pa and on Rollcall, all voted Mayor PETITIONS, &CEIVED, Block I, Wanner Addition and Lots 6 and 7, Block 1, Edenmoor Addition. Petition of Nrs. Roland F. Neuman was also presented for water connection with Cooper Avenue to serve 14 Paddock Road. Department for programming . Petition was presented for a Sanitary Sewer to serve Lots 2 and 3, Petitions were accepted and ordered referred to the Engineering D. 14.- AKIlfS REQUEST. FOR R-2 ZONING AGAIN DENIED, 14r. Fredlund reviewed briefly the case of D. M. Akins who previously had requested R-2 zoning for property of Mrs. B. F. Bell on Highway 169 at Nine Mile Creek. Nr. FredLudd stated that Mr. Akins c- had consistently refusedto comply with the 100 foot dedication of property along Zinc ii- tdile Creek required by the Village, VanValkenburg's motion to accept PLanning Commission recommendation and to reaffirm denial. of the request was seconded by Tupa and unanimously carried . ";--. k-. TWIN CITY BISCUIT COkgPANY PLANS APPROVED, be constructed in Normandale Center by'llwin City Biscuit Company, explaining that in accordance with Village Ordinance, Council must act on plans for industrial buildings, Approval of the pLans as recommended by Planning Commission which includes adequate parking and seeding of the rear of the property was moved by MacMillan, seconded by VanValkenburg and unanimously carried. Nr. Hite presented plans for a building to MALLARD MANOR I1 GRANTED PRELIMINARY APPROVAL, Commission had recommended approval of this four lot subdivision located on the east side of Highway 100, just north of Pgyton Court, contingent upon request for installation of sewer and water. VanValkenburg' s motion for approval of preliminary plat was seconded by Tupa and carried, iir, Fred1und stated that Planning IROQUOIS HILLS I AND I1 GRANTED FINAL APPROVAL, Mr. Fredlund explained to Council that Planning Commission had recommended final approval for' Iroquois Hills I and I1 which is located east of County Road 18 and north of Valley View Road. accepting Planning Commission recommendation for final approval was seconded by HacMillan and unanimously carried, VanValkenburg's motion INTERLACHEN HILLS I1 ADDITION GRANTED FINAL APPROVAL, Hills I1 Addition is the property upon which the second stage of the Wallace Kenneth Idr. Hite explained that Interlachen apartment project will be constructed, recommended by Planning Commission was seconded by MacMillan and carpied. RAUENHORST REGISTERED LAND SURVEY TABLED. approval for Rauenhorst Registered Land Survey which encompasses almost all of the remaining area to be a part of Normandale Center project, and coFBletes the road network linking France Ave, to Highway 100 , moved that the final plat be tabled pending settlement of drainage and utility easements. Motion was seconded by Tupa and carried, VanValkenburg's motion for approval as Mr, Hite presented petition for final plat Upon Planning Commission recommendation , VanValkenburg I HEARING, DATE SET FOR ZONING CHANGES, following zoning changes by motion of VanValkenburg, seconded by MacMillan and carried; 1. 2. November 15 was set as Hearing Date for the John 0. Louis - Request for Open Development District to R-3 District for Lots 1 and 2, \{ilkin's Addition Embers Restaurant - Request for rezoning of Edina Interchange Center from Planned Industrial District to C-2 District HEARING DATE. SET. -FOR, VARIANCE HEARINGS. Macl-lillan and carried, November 1 was set for hearing date for the following variances: Upon motion of VanValkenburg, seconded by 1, 2. E. V. Comstock, 4705 School Roadb Side Yard Variance Florence I.lorrison, 5205 Halifax Ave., Garage Side Yard Variance I 237 10/18/65 LOT DIVISION APPROVED FOR LOT 27, AUDITOR'S SUBDIVXSION, Mr. Hite presented request for =division of R. W, Larsen for Lot 27, Auditor's Subdivision 325, explaining that this property is presently a platted Auditor's Subdivision lot and that ordinance provides for a simple division into two parcels without replatting, approval subject to notice being given to the Larsens that a11 additional divisions be accomplished by replatting was seconded by Tupa and carried, VanValkenburg's motion for HENRY OLTMANNS' CLAIM FOR WATER DAMAGES TO BE REFERRED TO INSURANCE, COMPANY. stated that following the last Council Meeting, he had checked with the Village crew that Mr. Hyde had worked at the Olimanns property at 5717 Brook Drive at the time of the spring thaw and felt that the Village had no liability in connection with the water damage to the Oltmanns' basement floor, at ground level and that seepage was possibly through the walls of the basement or at the floor jointI Mr. Hite stated that the Oktmanns' property had been the Low point in the vicinity;before there was any platting in the district and that the elevation had not been raised sufficiently at the time the house was built. Mr, Hite further stated that the man who dug the channel in the snowI hoping to form a drain away from the Oltmanns' property, does not recall telling the Oltmanns that the channel had been dug in error. Mr. Oltmanns stated that at the time Brook Drive was paved, it had been necessary €or him to raise his lot 18 inches to bring it up to the grade of the street. He further stated that his basement had always been dry since the house was built in 1959. informed Council that he felt that the entire pmblem was due to the fact that the park drain is not adequate and that the problem was worsened. considerably by the openinf of the channel by the Village which allowed water to rush toward his property, instead of coming slowly as it would have if the channel had not been dug, Mr. Hyde's question as to'"trhen he had filed a written complaint, Mr, Oltmanns stated that he had never sent written notice because ha had hoped that no permanent damage would be done, but that he had carried onzcontinuing conversations with Mr, Hite relative to the problem* be unfair in that it does not give a sufficient length of time to file a claim, he felt that the Village was tied because of the Statute which provides that written notice must be submitted within thirty days in the event o€ damageI Mayor Bredesen stated that he too was sympathetic, but that if illegal payment of the clakn was authorized, the Council itself was responsible for payment of the damages , to deny the claim because of the fact that Council had no choice but to refer it to the insurance company, was seconded by MacMillan and carried. He indicated that this is a walkout basement, with window sills He In reply to Twstee VanValkenburg stated that even though the law might VanValIclsnburg's motion SANITA-RY SEWER IMPROVEMENT NO. 226 SPECIAL ASSESSMENT CONTINUED. Mr, %hitlock stated that he had talked to Mr, Robert W, Carlson's attorney and that said attorney was under the impression that Sanitary Sewer 226 had been assessed and that Council had accepted Mr, Carlson's Declaration of Non-division of Property. He further told Mr. Whitlock that he had understood that the only purpose for the question coming to the meeting of October 4 was to determine the question of assessing the bituminous surfacing. 14rI Bungaard who had requested that the matter be continued in order that he could obtain legal counsel, was not present and the assessment discussion was continued to November 1. WATE-RMAIN IMPROVEmNT NO, 163 ASSESSMENT FOR BLOCK 2, LOT 4, VALLEY VISTA,ADDITION TO I^^_..L__ STAND, Mr, Jerome C. Briggs, 6776 Valley View Road, reviewed statements made by him at the Council Meeting of October 4# reaffirming his statement that he could not sign a Declaration of Non-Division of Property for Block 2, Lot 49 Valley Vista Addition in order to abtain a deferrment for a watermain connection which he does not need at this time, Mr, Hite stated that this property is capable of supporting two houses and that if the assessment is cancelled it will be necessary to make up the deficiency from General Funds or have a re-assessment hearing, protest at the time of the Assessment HearingI Nr. Hite further stated that the present lot size is not in accord with that of other lots in the arear that he questioned the constitutionality of the two connection costs, that it would not cost him anything to bring the matter to court in order to deternine the equity of the situation, and that Council has some'responsibikity to its residents, Mayor Bredesen stated that Council's responsibility is to all Edina residents, VanValkenburg moved that, in accordance with the Village policy of assessing two connections for lots that could support two houses, and because Mr, Briggs was not willing to sign a non-division agreement, the request for assessment for one connection only be denied. Motion was seconded by Tupa and unanimously carried. He reitelrated that Mr, Briggs made no Mrl Briggs stated SNOW PL0W.PURCHASE WITHOUT FO-RMAL BLDS APPROVEDI had been taken for purchase of a snow pkow because the amount involved was less than the statutory minimum for the taking of formal. bids. at $1,160.00, Hi-Lo Equipment Company was second low at $1,308 00 and Road Machinery and Supplies was high at $l,68Or00, low bidder, Little Falls Machine Company, was seconded by VanValkenburg and carried. Mr, Hyde reported that informal bids Little Falls Machine Company was low MacPlillan's motion granting contract .to recommended, i 238 1 LO /18/65 AUTHORITk GRANTED TO ADVERTISE FOR BIDS FOR ROAD GRADER, permission to advertise for a road grader. budget and reserves. Manager Hyde requested He stated that money was available from VanValkenburg's motion fob approval was seconded by Tups and the carried . AUTHORITY GRANTED TO ADVERTISE FOR ICE CONTROL SALT. to advertise for a years' supply of ice control salt. Hennepin County had purchased Carguard, a product which had been put on the market by Gargill, Incorporated, which contains rust inhibiting additives. that there is some question as to whether the treated material is toxic and can have an adverse affect on grass. Carguard was tested is repor?tedLy not: using it this year, and he would like to investigate the' reason for this action for alternate bids was seconded by Macl4illan and carried, THRIFTY PLUMBING COhIPANY SUIT VS., DECOURCY VS. VILLAGE OF EDINA ANNOUNCED, stated that a suit in the amount of $880.82 has b-en instigated by Thrifty Plumbing Company VS. Ernest DeCourcy..vs, the Village of Edina relative to the location of a sewer location. The suit is being referred to the attorneys and a counterclaim is involved. 14anager Hyde requested authority Councilman Tupa noted that Llr, Hite stated Mr, Hite stated that the municipality in Iowa where I VanValkenburg's motion approving advertising. Mr, Hyde FOOD, STAMP PLp" PARTICIPATION APPROVED. Mr, Hyde reported that there is no deadline as to .when approval needs to be given to the Food Stamp Plan and that on the basis of projected figures furnished by the County Welfare Department, Edina's cost should pun about $156,00 per yea?, don't approve the plan, there might be a move toward full County klelfare and elimination of the Township Relief Plan. is not satisfactory, VanValkenburg's motion that Edina participate in the plan was seconded by Tupa and carried, Mr. Hyde stated that general feeling is that if the suburbs Because the plan can be abandoned by the Village if it EL€CT?Op, HOURS SHORTENED TO 4:OO P.M. to 8:OO P,M, no contest for the office of Mayor and one Trustee and suggested that close to $900 could be saved by the use of paper ballots and by shortening the voting hours so that the polls would be open only between 4:OO Pel& and 8:OO P,H. , MacMillan's motion for use of paper ballots to be used in the Village Election of November 2, 1965, was seconded by Tupa and carried, adoption : Ilanager Hyde reported that there is MacMillan then offered the folLowing Resolution and moved its I RESOLUTION POLLS SHALL REMAIN OPEN DURING VILLAGE DESIGNATING HOURS DURING WHICH THE . ELECTIONS WHEREAS; the apparent lack o€ contest forxe ViLLage elective offices on the November 2, 1965, ballot indicated that a relatively small number of voters may be anticipated, and to alter the time during which the polLs shall remain open, polls in each voting district in the Village shall. be opened at 4:OO P*M. and closed at 8:OO P.I.I. for voting in the Village Election6 WHEREAS, Minnesota Statutes, Chapter 205.03, Subdivision L, grants the authority THEREFORE, BE IT RESOLVED by the Village Council, Village of Edina, that the Motion for approval of the Resolution was sec four ayes and no nays and the Resolution was ATTEST : Tupa and on Rollcall there were May or CANVASSING BOARD TO EkET NOVEMBER S at 5:OO P.M. at the Village Hall by motion ~4acMillan, seconded by Tupa and carried. Edina Chamber would include of hiring Mr. 50TH. AND FRANCE AVE. PARKING AND TRAFFIC SURVEY APPROVED, had been received from three qualified firms to conduct a study of parking and traffic problems at 50th and France Ave. Mr. Hyde stated that proposals D He recommended hiring George Barton at $3,700; the of Commerce to pay $2,500 and the Village to pay $1,200. This survey parking requirements for the library, Barton was second4d by Tupa and carried6 VanVasenburgr s motion for ap&oval 10 /I.-8/6 5 (239 1 BRAEMAR ARENA RATES APPROVED, charges as submitted by the Papk and Recreation Department for Council approval, Mr, Hyde presented a suggested schedule of rates and Trustee VanValkenburg questioned whether or not the rates on any of the park activities were high enough, use'of the Arena ensued, Mrb Hite infomed Council that the Park Board had established these rates and arranged the schedule Ftith the objective of having reserves exceed expenditures, while at the same time providing as much pr*e time open skating as possible, was seconded by Tupa and carried, i I Considerable discussion of the rates and examination of the scheduled I Considering the time and effort involved in the establishment of the schedule I by the Park Board, VanValkenburg then moved approval of the attached schedule. Motion j I N0,PASSES OR DISCOUNTS TO BE PERMITTED FOR PARK FACILITIES, In accordance with past Village policy, it was moved by Tupa, seconded by MacMillan and carried, that Mr. Hyde inform Mr, Rolland Ring that his request in behalf of the Lake Conferenee for passes to Braemar Ice Arena for Lake Conference hockey games could not be grantedr noted the Village does not allow passes or discounts for the use of any Village facilityb It was NOVEMBER, 1 SET FOR HEARING DATE FOR STORI4 SEWERS, set as Hearing Date for seven storm severs. Resolution and moved its adoption, Mr, Hite requested that November 1 be VanValkenburg then offered the following RESOLUTION PROVIDING FOR PUBLIC HEARINGS ON STOR4 SEiJERS BE IT RESOLVED by the Village Council of the Village of Edina: , 1. The ViLlage Engineer, having submitted to the Council a prehimdnary report as to the feasibility of the proposed STORM SEWERS, 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, November I, 3965, at 7:OO P.M., in the Edina Village Hall, to consider in public hearings the views of all persons interested in said proposed improvements, and purpose of said meeting to be published in the official newspaper once a week fer two successive weeks, the second of which publication is to be not less than three days from the date of said meeting, which notice shall be in substantially the folLowing form: 3. The Clerk is hereby authorized and directed to cause notice of the time, pLace, NOTICE OF PUBLIC HEARING STORY SEWERS THE EDLNA VILLAGE COUNCIL will meet at the Edina Village Hall on Monday, November l, 1965, at 7:OO PIMI, to consider the following proposed improvements to be constructed under the authority granted by Minnesota Statutes 1961, Chapter 429 . The approximaQe cost of said improvements are estimated by the Village as set forth below: ESTIIJSATED- COST CONSTRUCTION OF VILLAGE STORM SEWERS AND APPURTENANCES IN THE FOLLOWING: 1, On an easement line from East Sunnyslope Road to a point in Lot 13, Block 1, Sunnyslope Section, Country Club District, said point being 45' West of the East line and 65' South of the North line of said Lot 13, line of Lot 2, Block 1, Bings 1st Addition, North to the North line of Lot 2, Block 1, Bings 1st Addition; thence West along the Nopth 'line of Lot 2, Block 1, Bings 1st Addition a distance of LOO' West of the East property line'; thence Northwesterly towards a point in the North line of Lot lb Block 1, Bings 1st Addition, said point being 15' East of the Northwest corner thereof a distance of 70' and there teminating. Northwest corner of Point Drive and Dunberry Lane North along West Blvd, section of Point Drive to North line of Lot 3, Block 4, Southdale 3rd Addition extended West; thence West to a point 128' West of the Northeast comer of Lot 3, 41 From a point on Warden Avenue 215' West of Johnson Drive to 190' North 5, From the Northeast corner of Lot 8, Block 2, La Buena Vista Addition South along the East line of Lot 8, 245 feetb 6, South Lot line of Lot la Block la La Buena Vista Addition from Tracy Avenue to 90' West 76 From Intersection of W, 62nd Street or West Frontage Road to State Highway Dept. new manhole #L to be constructed in future $ 4,689.58 2. Valley View Rd. from a point 80' South of the North 3, $ 5,964.62 $ 5,957.39 $ 3,350.L3 $, 4,442.76 $ 1,522,46 $4,732.20 240 4 10/18/65 I The area proposed to be assessed for the cost of the proposed Stom Sewer under 1 above includes all lots and tracts of land within the following described boundaries: Commencing at a poht in the North line of Lot 4, Block 1, Sunnyslope Section Country Club District, said point being 50 feet West of the Northeast corner of said Lot 4; thence Southwesterly to a point in the West line of said Lot 4, said point being 70' Northwesterly of the Southwest comer of said Lot 4; thence Southwesterly to a point in the Vest line of Lot 5, said Block 1, said point being 40' Northwesterly of the Southwest corner thereof; thence Southwesterly to a point in the Northerly line of Lot 7 saidBlock 1, a distance of 90' Southeasterly of the most Northerly corner of said Lot 7; thence Southwesterly to a point in the East line of Lot 8, said Block 1, said point being 60' Southerly of the Northeast corner of said Lot 8; thence North- westerly to a point im the South line of lot 9 said Block 1, said point being 90' Northwesterly ofthe most Southerly corner of said Lot 9; thence NortherLy to a point in the Northeasterly line of Lot 9, said Block 1, said point being 90' southeasterly from the most.Northerly corner of said Lot 9; thence Northerly to a point in the most Southwesterly line of Lot 11 said Block I, said point being 60' Southeasterly of the most Westerly corner of said Lot 11; thence Noxrtheasterly to a point in the most Southwesterly line of Lot 12 said Block.1, said point being 60' Southeasterly of the most Westerly corner thereof; thence Northerly to a point on the South line of Lot 13 ' said Block 1, said point being 35' East of the Southwest corner thereof; thence North to a point on the South line of Lot 24 said Block 1, said point being 35' East of the Southwest corner thereof; thence Northeasterly to a point in the East line of said Lot 14, said point being -65' Northerly of the. Southeast corner thereof; thence South- easterly to a point in the North line of Lot 2 said Block 1, said point being 110' West ofthe Southeast comer thereof; thence Southeasterly to a point on the North line of Lot 3 said Block 1, said point being 50' West of the Northeast corner thereof; thence Southerly to the point of beginning, I . The area proposed to be assessed for the cost of the proposed Storm Sewer under 2 above includes all lots and tracts of land within the following described boundapies: Commencing at a point in Lot 2, Block 1, Clifton Terrace Addition, said point beirlg 37' South of and 65' West of the Northeast corner of said Lot 2; thence Westerly to a point on the Vest line of said Lot 2, said point being 45' South of the Northwest corner of said Lot 2; thence Southwest to a point on the South line of Lot 3, Block 1, Clifton Terrace Addition, said point being 30' West of the Southeast corner of said Lot 3; thence West along the said South line a distance of 45 ; thence Northwesterly to a point on the North line of said Lot 3, said point being 55' East of the Northwest cornel? thereof; thence Northerly parallel to and 55' East of the East Line of Brookview Ave. a distance of 705.40'; thence Southeasterly to a point on the North line 'of East 1/2 of Lot 18, Peacedale .Acres, said point being 215' East of the East Line of Brookview Ave. ; thence Southeasterly to a point on the South line of said Lot 28, said point being 230' East of the East line of Brookview Ave,; thence South to a point on the North line of Lot 1, Block 1, Pfaff First Addition, said point being 90' East of Northwest corner of. said Lot 1; thence Southeasterly to a point on the South line of said Lot 3, said point being 140' East of the Southwest corner thereof; thence South to a point on the North line of Lot 2, Block 1, Bings First Addition said point being 140' East of the Northwest corner of said Lot 2; thence Southwesterly to a point on the S, line of said Lot 2, Bings First Addition, said point being 210' East of the Southwest corner of said Lot; thence Southerly to a point on the North line of Lot 2, Block 1, Clifton Terrace, . said point being 100' East of the Northwest corner of said Lot 2; thence Southerly to the point of beginning, The area proposed to be assessed for the cost of the proposed Stom Sewer under 3 above includes all lots and tracts of land within the following described boundaries: Commencing at a point in the North line of Lot 1, Block 4, SouthdaLe 3rd Addition, said point being 86' East of the Northwest corner thereof; thence Southerly to a point on the North-line of Lot 2, Block 4, Sou-hhdale 3rd Addition, said point being 38' Nest of the Northeast corner of said Lot 2; thence Southeply to a point on the North line of Lot 3, Block 4, Southdale 3rd Addition, said point being 35' West of the Northeast corner of said Lot 3; thence Southwesterly to a point on the Worth line of Lot 4, Block 4, Southdale 3rd Addition, said point'being 66' West of the Northeast corner of said Lot 4; thence Southwesterly to the Northeast corner of Lot 9, Block 3, Creston Hills Addition; thence West along the North line of Lots 9 and 8, Block 3, Creston Hills Addition, a distance of LOO'; thence Northwesterly to a point in Lot 6, Block 3, Creston Hills Addition, said point being 29' North of the South line of said Lot 6, and 83' East of the West line of said Lot 6; thence Northwesterly to a point in Lot 5, Block 3, Creston Hills Addition, said point being 52' North of the South line Qf said Lot 5 and 21' East of the West line of said Lot 5; thence Northerly to a point on the North line of Lot 4, .Block 3;Creston Hills Addition, said point being 37' East of the Northwest corner of said Lot 4; thence Northeasterly to a point on the East line of Lot ..3, Block 3, Creston Hills Addition, said point being 34' South of the Northeast corner of said Lot 3; : thence easterly to a point on the East line of Lot 2, Block 3, Creston Hills said point -':- being 49' South of the Northeast corner of said Lot 2; thence Easterly to a point i-n Lot 1, Block 3, Creston Hills Addition, said point being 34' South of the Northeast corner of and 5' West of the East line of Lot 1; thence Northerly to the Northeast comer of Lot 1, Block 3, Creston Hills Addition; thence Easterly along Northerly line of Lot I, Block 4, Southdale 3rd Addition to point of beginning, - I I 10/18/65 ( 248 The area proposed to be assessed forthe cost of the proposed Storm Sewer under 4 above includes a11 lots and tracts of land within the following described boundaries: Commencing at the Northeast corner of Lot 2, Block 1, Warden Acres Kiser Replat; thence northwesterly to a point in Lot 4, Warden Acres, said point being 85' North of the Southeast corner and 45' West and perpendicular to the East lot line of said Lot 4, Warden Acres; thence Northerly 45' West of and parallel to the West right'-of-way line of Johnson Drive to a point' in part of Lot 2 , WardenAcres, said point being 105' North of the Southeast corner and 45' West and peppendicular to the East Line of said part of Lot 2, FlardenAcres; thence Northwesterly to a point on the West line of part of Lot lb Warden Acres, said point being LO' South of the Northwest corner of said part of Lot L, Warden Acres; thence Southerly along the W'est line of part of Lot 1, Warden Acres to thg Northeast corner of Lot 3, Block 1, Warden Acres Larson's Replat; thence Westerly along North line of Lot 3, Warden Acres Larson's Replat, a distance of 202,50'; thence Southerly 45' East of and parallel to the East right-of-way line of Tracy Ave. to the South line of Lot 1, Block 1, Fiarden Acres Kiser Replat; thence Easterly along the North line of Greenleaf I4anor Addition to 17' East of the Northeast corner of Lot 4, Greenleaf Manor Addition; thence Southerly and perpendicular to the North line of Greenleaf Manor Addition, a distance of 80 ; thence Southeasterly to a point in Lot 1, Greenleaf Manor Addition, said point being 30' West of the East line and 40' North of the South line of said Jot 1, Greenleaf Maqor Addition; thence Northeasterly to the Northeast corner of Lot 1, Greenleaf Manor Addition; thence Nos;.thwesterly to a point on the North line of Lot 3, Block L, Harden Acres Kiser Replat, said point being 50' West of the Northeast corner of said Lot 3, Block 1, Warden Acres Kiser Replat; thence Northerly to a point in Lot 2, Block 1, Warden Acres Kiser Replat, said point being 20' South of the North line and 50' West of the East line of said Lot 2, Block 1, Warden AcDes Kiser Replat; thence Northeasterly to the Northeast corner of Lot 2, Block L, Harden Acres Kiser Replat which is the point of beginning. The area,proposed to be assessed for the cost of the proposed Storm Sewer under 5 above includes all lots and tracts of land within the following described Eoundaries; Commencing at the Northeast corner of Lot 9 , Block 2, La Buena Vista Addition; thence South along.the East line of said Lot 9 a distance of 50' froni said Northeast comer; thence Southwesterly to a point on the West line of said Lot 9, said point being 55' North of the Southwest corner thereof; thence Westerly to a point in Lot 7, Block 2, La Buena Vista Addition, said point being 55' North of the South line and 50' East of the West line of said Lot 7; thence Northwesterly to a point on the West Line of Lot 7, Block 2, said point b&hg 80' South of the Northwest corner of said Lot 7; thence Westerly to a point on the East line of NcGuire Road, said point being the Easterly extension of the center line of West 69th Sti-; thence Northerly, Northeasterly, and Easterly along the East right-of-way line of Brook Drive to the Northwest corner of Lot 6, Block 2, La Buena Vista Addition; thence South along the West line of said Lot 6, a distance of 50'; thence East to a point in Lot 4, Block 2, La Buena Vista Addition, said point being 50' South of the North line and 50' East of the West line of said Lot 4; thence Southeasterly to the point of beginning, The area proposed to be assessed for the cost of the proposed Storm Sewer under 6 above includes all lots and tracts of land within the following described boundaries: Commencing at a point on the East line of Lot 26, Block 1, La Buena Vista Addition, said point being 120' south of the Northeast corner thereof; thence Southwesterly to a point in the West line of said Lot 26, said point being 55' North of the Southwest corner thereof; thence West to a point on the East Line of Lot 23, Block l, La Buena Vista Addition, said ppint being 55' North of the Southeast corner thereof; thence Southwesterly to a point on the West line of said Lot 23, said point being 45' North of the Southwest corner thereof thence Westerly to the West line of Lot 22, Block 1, La Buena Vista Addition, said point bking 45' North of the Southwest corner thereof; thence North along said West Lot line of Lot 22 a distance of 22'; thence Northwesterly to a point on the West line of Lot 21, Block 1, La' Buena Vista Addition, said point being 100' South of the Northwest corner thereof; thence Northerly to a point in the North line of Lot 20, Block 1, La Buena Vista Addition, said point being,50' West of the Northeast corner thereof; thence Northeasterly to a point on the East line of Lot 7, said point being 85' South of the Northeast corner thereof; thence Easterly to the East line of Lot 6, Block 1, La Buena Vista Addition, said point being 60' South of the Northeast corner thereof; thence Easterly to a point on the West line of Lot 3, Block 1, La Buena Vista Addition, said point being 60' South of the Northwest corner thereof; thence NortheasterLy to a point on the East line of said Lot 3, said point being 40' South of the Northeast corner thereof; thence Easterly to a point on the East line of Lot 2, Block 1, La Buena Vista Addition, said point being 50' South of the Northeast corner thereof; thence Easterly to a 'point in Lot 1, Block 1, La Buena Vista Addition, said point being 50' South of the North line and 50' West of the East Line of said Lot 1; thence Southeasterly to a point on the East line of said Lot L, said point being 130' North of the Southeast corner hhereof; thence South to the point of beginning. LO /18/65 J The area proposedto be assessed for the cost of the proposed Storm Sewer under 7 above includes all lots and tracts of land within the following described boundaries: Commencing at a point in the center line of Valley View Road, said point being 150 feet West of the East line of Secr 33, T. 117, R, 21; thence South parallel to,and 150 feet West of the aforementioned Section line to the North pight-of-way line of West 62nd Street Crosstown Highway; thence Southerly and Westerly along sa5.d right-of-way line to a poin:. . in the South Line of Lot 6, Block 1, Nikulay's Addition, said point being the Northerly extension of the East line of Lots 1 and 2 , Block l, James A, Roberts Estate; thence South along the East line of said Lots 1 and 2 to the doutheast corner of Lot 2;. thence mest along the South line of Lot 2 to the East line of Lot 1, Block' 3, James A. Robees Estate; thence South along the East line of Lots 1 and 15, Block 3, James A, Roberts Estate to the centel? line of Roberts Place; thence Mest along the center Line of Roberts Place to the-intersection of the center line of Rolf Aver; thence NortheasterLy to the Northeast.corner of Lot 4, Block 3, James A. Roberts Estate; thence Northwesterly to a point in the center line of West 62nd Street, said point being 75 feet Southeasterly from the center line of Valley View Road as measured along the center line of West 62nd Street; thence Easterly parallel with and 75 .feet South of the center line of Valley View Road to the East line of Lot L, Block 1, Mikulay's Addition; thence Northeasterly to the intersection of Valley View--Road &d Clover Edge Road; thence Easterly along the center line of Valley View Road to the point of beginning. , I' Florence HalLberg Village Clerk Motion for adoption of the Resolution was secon four ayes and no nays and the Resolution was a ATTEST : a and on RoLlcall there were P Village Clerk ORDINANCE NO. 51B-1ADOPTEDI Ordinance No, 5lB-3 which amends the Building Code was presented by Nr. Hyde for Second Reading. Ordinance €6r adoption as follows: VanValkenburg then offered the following ORDINANCE NO. 53B-3 AN ORDINANCE ANENDING THE BUILDING CODE OF THE VILLAGE (ORDINANCE NO, 51B) THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MLNNESOTA,ORDAINS: I Section 1. "Section lb Uniform;Building Code Adopted. There are hereby adopted and The Building Code of the Village, bking Ordinance No. 5lB, is hereby amended by changing Section -1 thereof to read as follows: incorporated herein by rezerence, as an ordinance of the Village of Edina, the documents entitled 'Uniform Building Code, 1964 Edition, Volume 1,l and 'Uniform Building Code (Standards), 1964 Edition, Volume III', both published by the International Conference of Building Officials, including the Appendix but excluding Section 203 of the main body of said Coder0 thereof an additional paragraph reading as follows : Sec. 2. Said Ordinance No. 51B is hereby €urther amended by adding to Section 4 "(1) (c) Paragraph c of Section 1309 on page 426 is amended to read as follows: 'Eighteen months after written notice to the record owner from the Building Inspector every building falling within its scope shall be vacated until made to conform to the requirements of this Section."' publication Section 3, This ordinance shall take effect immediately upon its passage and lfotion for adoption ofthe Ordinance was se four ayes and no nays and the Ordinance was ATTEST : b An, 4 Village Clerk 10/18/65 $243 ORDINANCE NO,, 149-2 ADOPTED AT SECOND READXNG, which%nends the Public Health Housing Code for Second Reading, Mr, Hyde presented Ordinance No. 149-2 VanValkenburg then offered the following Ordinance for adoption as follows: - ORDINANCE 'Itl01 149-2 AN ORDINANCE AMENDING ORDINANCE NO, 149 I (PUBLIC HEALTH HOUSING CODE), PROVIDING FOR ITS ENFORCEMENT BY THE PUBLIC HEALTH SANITARIAN THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA. ORDAINS: Section 1. - The following definition is addeh to Section 3 of Ordinance No, 149 (Public Health Housing Code) of the Village, as amended: Public Health Sanitarian or his deputy," "'Enforcing Officer' means the Health Officer of the Village or his deputy, or the SecI 2* Section 4 of said ordinance is hereby amended to read as follows: llSec, 4* Inspection, For the puppose of determining compliance with the provisions of this article, the Enforcing Officer is hereby authorized and. directed to make L;, __. inspections to deternine the condition dwelling units, rooming units, and the premises upon which the same are located. making such inspections, the Enforcing Officer is hereby authorized to enter, examine and survey a11 dwellings, dwelling units, rooming units and premises upon which the same are located, at all reasonable times. The owner, opera$or and occupant of every dwelling, dwelling unit, and rooming unit shall give the Enforcing Officer free access to such dwelling, dwelling unit or rooming unit and its premises for the purpose of such inspection, examination, and survey, the owner thereof, or his agent or employee, access to any part of such dwelling or its premises, at all reasonable times, for the purpose of making such repairs or alterations as are necessary to effect compliance with the provisions of this ordinance." are hereby amended to read as follows: use and occupancy of dwellings For the purpose of Every occupant of a dwelling shall give SecI 3, Paragraphs (a) and (c) of Section 5 of said ordhance, as amended, "(a)" Notice of Violation,. Except in those instances to which Section 12 hereof is applicable, whenever the Enforcing 0-ficer deternines that there has been a violation of any one or more provisions of this ordinance he shall give notice of such alleged violation to the person OF persons who are or may be responsible therefor, as enumerated in (4) b&low. Such notice shall; (1) be in writing, (2) (3) (4) particularize the violation or violations alleged to exist or to have been provide a reasonable time, but not less than 10 days in any event, for the be addressed to and served upon the owner of the property, the operator of commit t e d ; correction of the violation or violations particularized; and the dwelling, and the occupant of the dwelling unit or the rooming unit concerned, if the occupant is or may be responsible for the violation, Service shall be as provided for personal service by the rules of civil procedure for courts of record in Minnesota or by registered or certi€ied 'mail, return receipt requested, delivered to the addressee only, If service is made by registered or certified mail, the Enforcing Officer shall make a record giving details regarding the mailing. If one or more persons to whom the notice is addressed cannot be found or served after diligent effort $0 to do, service may be made upon such person or persons by posting a notice in a conspicuous place in or about the dwelling affected by the notice, in which event the Enforcing Officer shall include in the record a statement as to why such posting was necessary,11 "(c) Effect of Appeal, The taking of an appeal thereof, have the effect of restraining the Enforcing of the Village from proceeding in any manner upon the SecI 4. Paragraph (g) of Section 7 of said read as follows: shall, during the pendency Officer or any other officer asserted violation or violations,'1 ordinance is hereby amended to "(g) During the portion of each year when the Enforcing Officer finds it necessary to protect against mosquitoes, flies and other insects, which are of such kind and occur in such numbers as to cause a hazard to health, every door opening directly from a dwelling to outdoor space shall have a screen door with a self-closing device; and every window or other device with openings to outdoor space used or intended to be used for ventilation, shall Likewise be supplied with screens," amended to read as follows: or rooming unit which does not conform to the standards established by this ordinance, and which by reason of such nonconformity presents an imminent hazard to public health, or to the physical without prior notice of hearing, designate such dwelling, dwelling unit, or rooming unit as. unfit for human habitation," Sec. 5, Paragraphs (a), (b) and (c) of Section 12 of said opdinance are hereby Designation. Whenever the Enforcing Officer finds any dwelling, dwelling unit a) or mental, health of the occupants therein, $he Enforcing Officer may, 10 /18 165 "(b) Placarding; Order to Vacate. Any dwelling, dwelling unit, or rooming unit designated as unfit for human habitation by the Enforcing Officer shall be approppiately placarded as such and shall be vacated by the occupants thereof within the time specified in such placard, permit not less than LO days from the date of such placarding for the vacating of such dwelling, dwelling unit, or rooming unit unless a lesser-time is stated in the order in view of the facts of the situation and the hazard involved, as in the judgment of the Enforcing Officer is reasonable and pr;.operbl' No dwelling, dwelling unit , or rpoming -unit which has been designated as unfit for human habitation and placarded as such shall again be used for human habitation until written approval is secured from, and such placarding is removed by the Enforcing Officer, The Enforcing Officer shall remove such placard whenever the defect or defects upon which the designation and placarding .action were based have been eliminated and the dwelling, dwelling unit, op rooming unif has been made to conform to the standards established 5ycthis ordinance." This ordinance shall, be in fuJ.1 force and effect immediately upon its adoption and publication. Such placard shall be deemed ah order drecting vacating, and shall c) Correction 02 Defects b Sec. 6, Motion for adoption of the Ordinance was aye and the Ordinance was adopted, ATTEST : bL .A> xYdUJL4- Mayor Village Clerk PLANS FOR WIDENING HIGHWAY 169 AND EI,N, E S RAILROAD BRIDGE &?PRO.F& &ans and specifications for the widening of the %N,&S, Railroad Bridge on Highway 169 which is being done at the ViLlage's request, and which will be paid for by the State Highway Department. ,l4acl-3illan offered the following Resolution and moved its adoption: birr Hite presented RE s o L u T I O-N At a regular meeting of the Village Council of the Village of Edina duly held on the 18th day of October, 1965, the following Resolution was offered by Mr. blacI.liL1an , Trustee; seconded by Mr, VanValkenburg, Trustee; to-wit : TJHEREAS the Commissioner of Highvays has prepared plans, special provisions and specifications for the improvement of a part of Trunk Highway Number 5 renumbered as Trunk Highway Number 169 within the corporate limits of the Village of Edina on Trunk Highway No* 169 over the Minneapolis, Northfield and Southern Railway; and Highways, Saint Paul, Minnesota, being marked, labeled and identified as S.P. 2745-4510 (169=5) I WHEREAS said plans are on file in the office of the Department of Minn,Proj . FG 005-2 (35), which, together with the Minnesota Department of Highways Specifications for Highway Construction, dated January 1, L964, on file in the office of the Commissioner of Highways, constitute the specifications for said improvement of Trunk Highway Number.5 renumbered as Trunk Highway Number 169; and and identified are also on file in the office of the Village Clerk; and in the body of this resolution shall be deemed and intended to mean, refer to, and incorporate the plans and special provisions in the foregoing recitals particularly identified and described, NOW, THEN, BE IT RESOLVED that s5id plans and special provisions for the improvement of Trunk Highway Number 5 renumbered as Trunk Highway Number 169 within WHEREAS copies of said plans and special provisions as so marked, labeled IHEREAS the term Itsaid plans and special. provisions" as hereinafter used the limits of the Village of Edina be and hereby are approved* .. BE IT FURTHER RESOLVED that the alevations and grades as shown in said plans and special provisions be and they are hereby approved and consent is hereby given to any dd all changes in grade occasioned by the construction of said Trunk Highway Number 5 renumbered as Trunk Highway Number 169 in accordance with said plans and special provisions. Nacllillan , Tupa, VanValkenburg and Bredesen. Upon the call of the roLl the following Councilmen voted in favor of the Resolution The following - none voted against its adoption: w er upon the Mayor aqd presiding I &? .4& May r *officer declared the Resolution adopted. ATTEST : dL A. y.L&u/eUQ . Village Clerk- NEV BRIDGE. AT BENTON AVE. TO BE CONSIDERED, explore the possibility with the ktmxb & S, Railroad of closing Grove Street at the grade crossing and constructing a new bridge at Benton Aver looking into the matter was granted by Council. Manager Hyde .requested Council approval to Informal approval for lO/T&/65 245 GLEASOIi ROAD REOPENING DELAYEDad In reply to Councilman Mac14illan1s question as to progress on the W, 70th Street Bridge, Wr, Hite stated that construction was going according to schedule, He further stated that because of the weather, work on Gleason Road had been delayed, but that it should be open within two weeks, CONDEMNATION PROCEEDINGS APPROVED FOR LOT 4b BLOCK 1, EDINA HIGHLANDS, FOR SANITARY SEWER.NO. 232, Mrr Hite reported that condemnation proceedings were necessary for Sanitary Sewer No, 232 in Lot 4, Block 1, Edina Highlands. offered the following Resolution and moved its adoption: RESOLUTION VanValkenburg then WHEREAS, the Village Council of the Village of Edina by resolution dated September 7, 1965, did authorize the acquisition of certain land and easements for construction anh maintenance of a sanitary sewer system, such acquisition to be by use of the power of eminent domain if necessary; and Village of Edina acquire certain easements for sanitary sewer purposes; and Village of Edina to acquire easements ' €or sanitary sewer purposes under its power of eminent domain in the land described on Exhibit A attached hereto and hereby made a part hereof; and purposes across, over and under the land described on said Exhibit A have been successful; and in the land described on said Exhibit A, it has become necessapy to procure the same by right of eminent domain, confirm and ratify the commencement of proceedings to procure the easement described on said Exhibit A for the purposes set forth on said Exhibit A under its right of eminent domain pursuant'to said resolution of September 7, 1965, and the actions of the Village Attorney and the Mayor and Clerk in connection with said eminent domain proceedings are in all respects hereby ratified and confirmed. MOW, THEREFORE, BE IT FURTHER RESOLVED, That the Village attorney be instructed and directed to prosecute such action to a successful conclusion or until it is abandoned, dismissed or terminated by the Village or by the Court; that the Village Attorney, the Mayor and the Clerk do aL1things necessary to be done in the prosecution and successful termination of such action, WHEREAS, it is necessary, advisable and in the public interest that the WHEREAS, in order to accomplish such purpose* it is necessary €or the WHEREAS, the Zfforts of the Village of Edina to obtain easements for said WHEREAS, by reason of the failure of the Village to obtain said easements NOB, THEREFORE, BE IT RESOLVED, That the Village of Edina does hereby EXHIBIT A That part of Lot 4, Block 1, "Edina Highlands", according to the map or plat thereof on file 05 of record in the office of the Register of Deeds in and for Hennepin County, Minnesota, which lies East of a line drawn parallel with and 10 feet West of, measured at right angles to, the East line of said Lot 4, Also a temporary construction easement which shall cease and terminate on December 31, 1965 over a strip of land LO feet in width lying Easterly of a line drawn parallel with and 10 feet Westerly of, measured at right angles to, the Westerly line of the 10 foot strip of land above described* Names of persons interested and the nature of their interest are as follows: NAME - Elmer R, Salovich NATURE OF ;GNTE,REST Fee Owner Patricia Ann Salovich Fee Owner Northwestern National Bank of Minneapolis, a national banking . association Mortgagee County of Hennepin . Taxes Village of Edina Assessments The purpose of the taking as to the above parcel is to acquire a perpetual easement for sanitary sewer purposes over,:iunder and across the LO foot strip of land above described and a temporary construction easement over the 10 foot strip of land second above described, Motion for adoption of the Resolution was four ayes and no nays and the Resolution ATTEST : by Tupa and on Rollcall there were PERMANENTLY REMOVED FROM AGENDA, Mrr Joseph N. Haw had requested to be placed on the agenda because of his dissatisfaction with Suburban Taxi Company service, Because he failed to communicate further with Council, the Clerk was instructed to remove his name from the agenda permanently. 1' ! 1 ! . ./ 10 /18/65 GOLF,COURSE FUND APPROVED. Statement of Income and Expense €or the Golf Course Fund as of September 30, 1965, was submitted by Mr. Dalen, reviewed and ordered placed on fLbe, by motion NacHillan, seconded by Tupa and carried. APPROVAL. OF, SAG OF $1,400,000 TEMPORARY IMPROVEMENT BONDS a authority to sell Temporary Improvement Bonds in the amount of $1,400,000. * liIacMillan then offered the following ResoLution and moved its adoption: Mr. Dden requested RESOLUTION AUTHORXZING THE ISSUANCE, SALE AND DELIVkRY OF $~,~OO,OOO TEMPORARY INPROVEHENT BONDS ' BE IT RESOLVED by the Council of the ViLlage of Edina, Elinnesota, as folloris: 1. It is hereby found, determined and declared that the Village has heretofore ordered, in accordance with the provisions of Minnesota Statutes, Chapter 429, and after public hearing as required by law, the construction of various sanitary sewer, storm sewer, watermain and street improvements as more fully described below, and has duly ordered, received and approved plan';' and specifications and entered in;o contracts for the-construction of said improvements after proper advertisement for bids; that the total benefits resulting from each of said improvements to the properties within the area proposedto be assessed therefor, as heretofore defined, will be not less than the cost of such improvement; that not less than 20%0f the totaL cost of each of said improvements will be assessed against those lots and tracts specialLy benefited by said improvement; that the Village now owns easements and rights-of-way over a11 streets and other properties required for the constmction of said improvements; and that the desig- nation of each of said improvements and the cost thereof, as presently estimated, are as follows: I IMP ROVE NENT S Sanitary Sewers : Sanitary Sewer Improvement No. 224 Sanitary Sewer Improvement No, 225 Sanitary Sewer Improvement No. 226 Sanitary Sewer Improvement No. 227 Sanitary Sewer Improvement Noh 228 Sanitary Sewer Improvement No, 229 Sanitary Sewer Improvement No, 230 Sanitary Sewer Improvement No. 231 Sanitary Sewer Improvement No. 232 Sanitary Sewer Improvement No. 233 Sanitary Sewer Improvement No, 234 Sanitary Sewer Improvement Nor 235 Sanitary Sewer Improvement No6 236 Sanitary Sewer Improvement Mob 237 Sanitary Sewer Improvement No. 238 $ 3,679,42 4,327.34 4,110.48 89688.15 46 9376.99 lI.9174 46 26,094.70 26,992656 12,490 71 2,935.97 13,202.54 25,053,12 5 ,257634 49,716.35 7.253 s 85 ESTIHATED TOTAL COST Sanitary Sewer Improvsment No. 241 11;020 . 63 $ 258,374.61 Lift Station No, Storm Sewers: Storm Sewer Storm Sewer Storm Sewer Storm Sewer Storm Sewer Matemains : LS-3 $32,698.96 $ 32,698.96 Improvement No, 81 $$31,877.83 Improvement, Noc 90 L03,428 , 54 Improvement No. 95 36,800 . 96 , $ 424,860.57 Improvement No. 84 98,597852 Improvement No, 91 1549155 72 Watermain Improvement No, 189 Watermain Improvement No. 190 Watermain Improvement No. 191, 192 and B-67 Bat ermain Improvement No. L93 Watermain Improvement No. 194 &atemain Improvement No. 195 Wat ermain Improvement No , 19 6 Watermain Improvement No 19 7 k7atemnain Improvement No. 198 Watermain Improvement No.' 199 Watermain Improvement No. 200 Watermain Improvement No. 201 Watermain Improvement No. 203 Watermain Improvement No. 204 Watermain Improvement No. 205 Street Improvements :: c . Street Improvement No. BA-66 Street improvement No. BA-68 Street Improvement No. BA-69) Street Improvement No. BA-72) Street Improvement No. BA-73) Street Improvement No. BA-74) $ 3,459,68 30,835.28 123,964.57 33,083.68 28, 746,48 1,902 b 21 3,559.92 15 3 877 s 06 18,506 e 88 8,134.45 10 851.90 7 ,930 78 28,4L4640 22,636.88 LO ,036 21 $ 347,940.38 $ 15,709,40 390,115.52 -. " ESTIMATED TOTAL COST Street Improvement No4 BA-75) Street Improvement Nol BA-77) $121,140,38 Street Improvement No, A-161) Street Improvement No, BA-71) 30,864605 Street Improvement No. BA-76. 8 ,425 a 20 Street Improvement No, '2-88 27 , 776 . 00 Street Improvement No. (2-89 44 736 72 $ 438,767627 TOTAL ' $1,502$641* 79- 2. It is necessary at this time for the Village to borrow the sum of $1,400,000 to pay costs incurred and to be incurred in the near future with reference to the improvements described in paragraph 1 hereof, by the issuance of temporary improvement bonds pursuant to and in accordance with the provisions of Minnesota Statutes, Section 429.091, subdivision 3, and the resolution adopted by the Council on December 30, 1957, entitled "Resolution Establishing Temporary Improvement Fund and Authorizing the Issuance of Temporary Improvement Bonds" ; and this Council shall meet at the time and plcae specified in the notice of sale set forth in paragraph 3 hereof for the purpose of receiving, opening and considering sealed bids for and awarding the sale of said bonds, The Clerk shall cause said notiee of sale to be published in the official newspaper and in the Commercial West published at Minneapolis, Minnesota, not less than ten days prkor to the date of said meeting. The fund of each of said improvements shall be inconporated in the Temporary Improvement Fund and the proceeds of said bonds credited to said Fund and expended and accounted for as prescribed in said resolution, and said bonds shall be secured and the principal thereof and interest thereon shall be paid in accordance with the provisions of said resolution, I) 3. Said notice Of sale shall be in substantially the following form: NOTICE OF SAE $1,400,000 GENERAL OBLIGATION TEI4PORARY IMPROVEMEWT BONDS VILLAGE OF EDLNA, WINNESOTA NOTICE IS HEFGBY GIVEN That the Village Council of the Village of Edina, Hennepin County, Minnesota, will meet at the Village Hall in said Village on November 15, 1965, at 7:OO o'clock PIMI, C.SaTA , to open, receive and consider sealed bids for and award the sale of $1,400,000 negotiable coupon general obligation Temporary Improvement Bonds of said Village, to be issued under authority of Chapters 429 and 475, Minnesota Statutes, in the denomination of $5,000 each, or some multiple thereof selected by the purchaser, and will bear interest at a single basic rate designated by the successful bidder, subject to the Limitations stated below, payable on June 1, l966, and December L, 1966, The bonds will mature on December 1, 1966, without option of prior payment, Prior to or on said maturity date, the Village will issue definitive Improvement Bonds, the proceeds of which shall be used as necessary to pay said Temporary Improvement Bonds, designated by the successful bidder within 48 hours after award of s.ale, 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 25 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, IuIinnesota, and the usual f oEm of no-litigation certificate. will be made nithout cost to the purchaser anywhere in the continental United States, to the undersigned and must be received prior to the time of said meeting? Oral auction bids will not be considered, legality, in which respect bids may be conditioned upon the opinion of the above attorneys, and must be acoompanied by-a cashier's or certified check or bank draft in the 'amount of $28,000, payable to the Village Treasurer, to be retained by the Village as liquidated damages if the bid is accepted and the bidder fails to comply therewith, All bonds must bear the same basic raQe of interest from date of issue to maturity, but an additional rate of interest may be specified for some or all of the bonds for all or any part of their term, The rate or rates applicable to any bond must be expressed in an integral multiple of 1/4 or 1/10 or L/8 of 1%, and may not exceed 6% per annum, The bid authorizing the Lowest net interest cost (total interest from date of issue to December I, 1966, Less any $ash premium) will be deemed the most favorable. Council reserves the right to reject any and all bids, and to waive any informality in any bid. The bonds will be dated December 1, L965, Principal and interest will be made payable at any suitable banking institution Delivery Sealed bids marked "Bid for $1,400,000 Bonds" may be mailed or delivered Each bid must be unconditional except as to No bid of less than par and accrued interest will be considered, and the Dated October 18, 1965. , BY ORDER OF THE VLLLAGE COUNCIL Florence B , Hallberg Village Clerk Edina, Minnesota Motion for adoption of the foregoing resoLution ATTEST : econded by VanValkenburg and upon Rollcall there were four ayes and Village Clerk U 10 /18/65 CLAIliIS PAID. t3ctober 18, 1965, was seconded by VanValkenburg.and carried: Construction Fund, $164,311.38 ; Park ,, Park Construktion, S.wh Pool, Golf Course and Recreation Center, $136,862'54; Water Fund, $5,960.03;. Liquor Fund, $69,312.21; Sewer Rental Fund, $464.13; Improvement Fund, $,OO; Poor Fund, $91.86; Total, $406,133.70, The meeting's agenda having been covered, Tupa moved for adjournment L by l.lacl.9illan and carried. Tupa's motion for payment of the 8ollowing Claims as per Pre-List dated General Fund, $29,132.55; Motion seconded Adjournment at 8:35 P.N. A Village Clerk 1 .. k .