HomeMy WebLinkAbout19681118_regularHINUTES OF THE REGULARMEETING OF THE
EDINA VILME COUNCIL HELD AT VILLAGE HALL ON
MONDAY, NOVEMBER 18, 1968
I 303
' ROLLCALL was answered by Councilmen Courtney, Johnson, Shaw, VanValkenburg and Mayor
Bredesen.
$2,000,000 GENERAL OBLIGATION IMPROVEMENT BONDS SOLD.
affidavits of publication in the Commercial West and in the official newspaper of a
notice of sale of $2,OOO,OOi) Improvement Bonds of the Village, for which bids were to
be received at this meeting'in accordance with a resolution adopted by the Village
Council on October 7, 1968,'which were approved and ordered placed on file.
Manager announced that bids had been received which were thereupon opened and read,
and the highest and best bid of each bidder was found to be as follows:
Name of Account Manager Maturity Dates Interest Av. Int. Rate Premium
1st Nat'l. Bank of Mpls. )' 1970-71 incl. 3.50 3.995 None
1st Nat'l. Bank of St. Paul' ) 1972 3.60
Dain, Kalman & Quail, Mpls.. ). 1973-74 incl. 3.80
LaSalle Nat'l. Bank of Chicago ) 1975-76 incl. 3.90
Blyth & Company, Minneapolis )- 1977-79 incl. 4.00
Woodard-Elwood & Co., Mpls .
1st Southdale Nat'l. Bank, Edina). 1-16-69 to 6-1-69
1st Edina Nat'l. Bank, Edina )
The Village Clerk presented
The
)' Plus additional coupon on all' bonds at 2.00% from
John Nuveen & Co, - Mgr., Chicago)l970 3.30 4.0331 None
Dean Witter & Co., Chicago ) 1971 3.50
Hartford Nat'l. Bank & Trust ) 1972 3,60
Hartford Nat'l. Bank & Trust Co. )1973 3.70
Paine, Webber, Jackson & Curtis )1975-76 incl. 3.90
Minne ap o lis ) 1977 4.00
Shearson, Hammi11 & Co., Inc. ) 1978-79 incl. 4.10
Chicago
Stern Brothers & Co., Chicago ) 1-16-69 to 12-1-69
Barcus, Kindred & Co., Inc., )
Juran & Moody, Inc., St. Paul )
Ball, Burge & Kraus, Cleveland )
Ienower , MacArthur & Company, )
Chicago ) 1974 ' 3-80.
) Plus additional coupon on'all bonds at 1.00% from
Chic ago
Chicago 1
E. J. Prescott & Co., Mbls. 1
McDougal & Condon, Inc.' 1
None Ebin, Robertson & Co. -'Mgr. ) 1970-71 incl. * 3.50 4.038
Reynolds & Co. , New York ) 1972-73 incl. 3.70
Nille r & Schroeder, Inc., ) 1974-75 incl. 3.90
Loek7i & Co., Inc., Milwaukee - ) 1976-77 incl, 4.00
McDonald & Company, Cleveland ) 1978-79 incl. 4.10
E. F. Hutton & Co., Chicago ) Plus additional coupon on all bonds at 1.80% fromi
) 1-1-69 to 6-1-69
Halsey, Stuart & Co., Lnc.,
American National Bank & Trust
R. 17. Pressprich & Co., Inc.
Goodbody & Company, Chicago
TJalston & Co., Inc., Chicago
The White-Phillips Co., Inc.,
Chicago
Chicago
Davenport, Iowa
) 1970-71 incl. 3.70 4.1063 $380.00
) 1972 3.80
) 1973-74 incl. 3.90
) 1975-76 incl. 4.00
) 1977-79 incl. 4.10
) Plus additional coupon on all bonds at 1.00% from
) 3-1-69 to 12-1-69
1 1
Northern Trust Co,, Chicago ) 1970-73 incl. 3.90 4.12259 $299 .oo
The Illinois Co., Inc.., Chicago ) 1974-76 incl. 4.00
G. H. Walker & Co., St. Louis 3. 1977-78 incl. 4.10
Prescott, Merrill, Turben & Co. ) 1979 4.20
Stifel, Nicolaus & Co., Inc., ) 1-1-69 to 6-1-69
C 1 eve 1 and ) Plus additional coupon on all bonds at 1.30% from
St. Louis 1
Zahner & Co., Kansas City 1
Becker & Cownie, Inc., Des 1
Van Kampen, Wauterlek & Brown, )
Inc., Chicago
Moines , Iowa .
304 , 11/18/68
Name of Account Manager
First National City Bank, ) 1970
New York ) 1971
.Weden & Co., Inc., Chicago . ) 1972
11. H. Norton & Co., New Yorlc ) 1973
) 1974
) 1975-76
) 1977-78
) 1979
Maturity Dates Interest Av. Into Rate Premium
6 -00 4.1243 $440.00
5 .OO
3.70
3.80
3.90
4.00
4.10
4.20
Harris Trust 6s' Savings Bank, ) 1970 6 .OO 4.1246
Chicago ) 1971-76 incl. 4.00
First National Bank, Chicago ) 1977-78 incl. 4.10
)* 1979 4.20 *
Continental Illinois National )*1970-73 incl. 3.90 4.16215 $420 . 00
Bank & Trust Co., Chicago- )- 1974-75 incl. 4.00
White, Weld & Co., Chicago - )- 1976-77 incl. 4.10
Carleton D. Beh Co., Des Iloines ) 1978-79 incl. 4.20
) Plus additional coupon on all bonds at l%% from
) 1-1-69 to 6-1-69
After consideration of the foregoing bids, Councilman Courtney introduced the
following resolution and moved its adoption:
RESOLUTION AWARDING SALE OF
$2; 000,000 IMPROVEMENT BONDS
BE IT RESOLVED by the Village Council of the Village of Edina, Minnesota, that
the bid of First National Bank ofMinneapolis of Minneapolis, Minnesota, and
associates to purchase $2,000,000 Improvement Bonds of the Village to be dated as
of December 1, 1968, in accordance with the notice of sale heretofore duly pub-
lished by the Village is hereby found and declared to be the best bid received
for the purchase of bonds, and should be and is hereby accepted, said bid being
to purchase said bonds at a price of par and accrued interest, the bonds to
bear interest at the following respective rates per annum, from date of issue
until paid:
Maturity Years
1970-71 incl.
1972
19J3-74 incl.
1975-76 incl.
1977-79 incl.
Interest Rates
3.50
3.60
. 3.80 '
3.90
4.00
and bonds maturing in the years 197" through 1979 to'bear aaditiona
at the rate of 2.00% per annum, from January 16, 1969, to June 1, 1969,
to be represented by a separate set of ttB'* coupons.
Clerk are hereby authorized'and directed to endorse the successful bid to
show the acceptance. The Village-Clerk is directed to retain the good faith
check-of said successful bidder pending delivery and payment for the bonds; '
and to return all other good faith checks forthwith.
Motion for adoption of the foregoing resolution was duly seconded by Councilman
Johnson, and upon vote being taken thereon, the following voted in favor thereof: '
Councilmen Courtney, Johnson, Shaw, VanValkenburg and Mayor Bredesen.
interest
The'Mayor and Village
-
..
ATTEST : Mayor
Village Clerk
:
Councilman VanValkenburg then
adoption :
troduced the following resolution and moved its
'RESOLUTIONAUTHORIZING THE ISSUANCE OF $2,000;000
GENERAL OBLIGATION IMPROVEMENT BONDS, PRESCRIBING
THEIR TERMS AND FORM, AND PROVIDING FOR TJBIR'PAYMENT
BE IT RESOLVED by the Village Council of the Village of Edina, Minnesota,
as follows:
1.
of $2,000,000 Improvement Bonds of the Village to finance the construction of
che improvements designated below, the actual or estimated cost of the improve-
ments being set forth opposite their designations:
This Council, by its resolution dated October 7,'1968,-authorized the sale
Improvement Designation Actual or Estimated
Total Cost
Sanitary Sewers:
Sanitary Sewer No. 257 $308,125.. 44
Sanitary Sewer No. 263 17,046.04
Sanitary Sewer No. 264 11,068.22
11/18/68
Sanitary Sewer No. 265
Sanitary Sewer No. 266
Sanitary Sewer No. 268
Sanitary Sewer No. 269
Sanitary Sewer No. 270
Sanitary Sewer No. 271
Storm Sewers :
Storm Sewer
Storm Sewer
Storm Sewer
Storm Sewer
No. 95
No. 111 F
No. 113 - Indian Hills'
Watermains :
Watermain No. 210 - Watermain No. 218
\?atemain 'No. 224
Watermain No. 225
Watermain No. 228
Watermain No. 230
I
t
C
Street Improvements.:
Street Improvement No. A-166
Street Improvement No. 96
' Street Improvement No. 109
Street Improvement No. 111
Street Improvement No. 113
Street Improvement No. 115
Street Improvement No. 116
Street Improvement Nq. 118
Street Improvement No. 119
Street Improvement No. 120 j.
Street Improvement No. 121
Street Improvement No. -122
Street Improvement No. 123
Street Improvement No. 125
Street Improvement No. 126
Street Improvement No. 127
Street Improvement No. 132
Total
- Street Improvement No. 129
$ 18,080.00
84 , 906.11
12,224.62
16,545.52
4 , 253.32
53,029.67
37,126.15
417,788.44
9,120.33
46,340.10
24,290.17
136,416.99
12 , 9 29.65
5 , 154.16
123,755.62
50,285.00.
2,115.93
4 , 519.84
144,587.91
143,144.11
29,995.85
11,214.01
9,316.85
21,436.10
22,979 .OO
39 , 825.16
8 , 088.14
4 , 64L. 14
6,397.79
91,748.54
40 , 982.90
127,367.39
46,154.85
17,368.10
,. $2,160,369.16
2. Said bonds having been sold at public sale, shall be delivered to the
purchaser thereof forthwith. The bonds shall be designated as Improvement
Bonds, shall be in the total principal amount of $2,000,000, shall be dated
-as of December 1, 1968, shall be 400 in number and numbered from 1 through
400, each in the denomination of $5,000, shall mature in order of serial
numbers on December 1 in the years and amounts set forth below, without
option of prior payment, and shall bear interest from date of issue until
paid at the annual rates set forth opposite such years and amounts, respec-
tively: - Year Amount Rate
1970 $200,000 3.50%
- Year Amount Rate
1975 $200,000 3.90%
1971 .200;000 3.50% 1976 200,000 3.90%
1972 200 , 000 3.60% . 1977 200,000 4.00%
1973 200 , 000 3.80% 1978 200 , 000 4.00%
1974 200 , 000 3.80% 1979 200,000 4.00%
Bonds maturing in the years 1970 through 1979 shall bear addftional interest,
represented by separate and detachable "B" coupons appurtenant to each bond,
from January 16, 1969, to June I, 1969, at the rate of 2.00% per annum.
Interest on the bonds shall be payable June 1, 1969, and semiannually there-
after on each December 1 and June 1.
payable at First National Bank of Minneapolis in Minneapolis, Minnesota. The
Village hereby agrees to pay reasonable and customary charges of said paying
agent for the receipt and disbursement of such principal and interest moneys.
3. The bonds and coupons appurtenant thereto, and the legal opinion certif-
icate on the reverse side thereof, shall be printed in substartially the
following form:
Both principal and interest shall be
11/18/68
UNITED STATES OF AMERICA.
STATE OF MINNESOTA .
r COUNTY OF HENNEPIN .
VILLAGE OF EDINA
r IMPROVEMENT BOND
No. r $5,000
KNOW ALL MEN BY THESE PRESENTS that the Village of Edina, Hennepin County,
Minnesota, acknowledges itself to be indebted and for value received hereby
promises to gay to bearer the sum of FIVE THOUSAND DOLLARS on the 1st day of
December. 19
sum from the date hereof until said principal sum is paid at the rate of
, without option of prior payment, to pay intecest on said principal
per cent ( %) per annum,
and to pay additional interest on said principal sum from ,19 , to
19 , at the rate of
per cent ( Interest to maturity is represented by and payable in
accordance wLth and upon presentation and surrender of the interest coupons appur-
tenant hereto, which are in two sets, one set representing interest at said basic
rate from date of issue to maturity, and the other set, designated as ttBrr coupons,
representing. interest at the additional rate and for the limited period stated
above. .Interest is payable on June 1, 1969, and semiannually .thereafter on each
December 1 and June 1.
%) per annum.
Both principal and interest are payable at , in
*, in any coin or currency of the United States of America which on thz
respective dates of payment is legal tender for payment of public and private debts.
For the prompt and full payment of such principal and interest as the same become
due, the fuL1 faith, credit and taxing powers of the Yillage have been and are
hereby irrevocably pledged.
This bond is one of an issue in the total principal amount of $2,000,000,
all of like date and tenor except as to serial number., maturity date and interest
rate, issued for the purpose of defraying expenses incurred and to be incurred by
the Village in constructing local improvements, and is issued pursuant to and in
full conformity with the Constitution and laws of the State of Minnesota thereunto
enabling, including Minnesota Statutes, Chapter 429, and pursuant to resolutions
duly adopted by the Village Council. This bond is payable primarily from the Im-
provement Bond Redemption Fund of the Village, but the Council is required by law
to pay maturing principal and interest out of any funds in the treasury if moneys
on hand in said Redemption Fund are insufficient therefor.
ditions and things required by the Constitution and laws of the State of Minnesota
to be done, io exist, to happen and to be performed preliminary to and in the issu-
ance of this-bond in order to make it a valid and binding general obligation of
said Village according to its terms, have been done, do exist, have happened and
have been performed as so required; that prior to the issuance hereof the Village
has covenanted and agreed to levy special assessments upon property benefited by
local improvements, which are estimated to be collectible in the years and in ag- .
gregate amounts not less than 5% in excess of sums sufficient to pay the interest
on and principal pf all bonds payable from said Redemption Fund as they respectively
become due, and has irrevocably pledged and appropriated, assessments in such aggre-
gate amounts to said Redemption Fund; that, if necessary to pay such principal and
interest, the Village is required by law to levy ad valorem taxes on all taxable
property within its corporate limits, without limitation as to rate or amount; and
that the issuance of this bond does not cause the indebtedness of said Village to
exceed any constitutional or statutory limitation of indebtedpess.
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
printed facsimile signature of the Mayor and the manual signature of the Village
Manager, and sealed with a facsimile of its official seal, has caused the interest
couppns hereto appurtenant and the certificate appearing on the reverse side hereof
to be executed and authenticated by the facsimile signatures of said officers, and
has eaused this bond to be dated as of December 1, 1968.
I
IT.IS HEREBY CERTIFIED, RECITED, COVENANTED AND.AGRF,ED that all acts, con-
(Facsimile signature)
c Mayor
Attest: L
Village Manager
@E&
(Form of Cpupon)
No.
County, Minnesota, will pay to bearer at
On the first day of June (December), 19 , the Village of
, in 3
$
Edina, Hennepin
the amount
shown hereon in lawful money of the United States of America, for interest then due
on its Improvement Bond, dated December 1, 1968.
(Facsimile signature) (Facsimile signature)
(Form of certificate to be printed on the reverse side of each bond,
Village Manager Mayor
following a full copy of the legal opinion on the issue)
307
11/18/68
We certify that the above is a full, true and correct copy of the legal
opinion rendered by bond counsel on the issue of bonds of the Village of
Edina, Hennepin County, Minnesota, which includes the within bond, dated
as of the date of delivery of and payment for the bonds.
.
(F ac s imi 1 e signature)
Village Manager Mayor
(Facsimile signature)
4.
and shall be execute$ on behalf of the Village by the printed facsimile
signature of the Mayor, attested by the manual signature of the Village
Manager, and sealed with a facsimile of the official seal of the Village.
On the reverse side of each bond shall be printed a copy of the legal opinion
rendered by bond counsel and the certificate of the Mayor and Manager relating
thereto, The legal opinion certificate and the interest coupons appurtenant
thereto shall be executed and authenticated by the facsimile signatures of
said Mayor and Village Manager. When said bonds have been so executed and
authenticated, they shall be delivered by the Treasurer to the purchaser
thereof upon payment of the purchase price in accordance with the contract
of sale heretofore made and executed, and said purchaser shall not be ob-
ligated to see to the application of the bond proceeds.
be deposited in the 1968 Improvement Construction Fund established below.
5.
"1968 Improvement Construction Fund," which shall be maintained until pay-
ment of all costs and expenses incurred in construction and financing the
improvements designated in paragraph 1 hereof. In said Fund there shall be
established a separate accouvt for each of said improvements; and into each
such account shall be paid such amount of the proceeds of the bonds herein
authorized as may be necessary, with other funds on haad, to pay all costs
of the improvement for which the account was established,
be credited to each account, until all costs of the improvement for which
the account was established.have been paid, all special assessments levied
with respect to that improvement for which the account was established.
After payment of all costs incurred with respect to each improvement, the
account for that improvement shall be discontinued and any bond proceeds re-
maining therein may be transferred to the aeoount for that improvement shall
be discontinued and any bond proceeds remaining therein may be transferred to
the account established for construction of any other improvemeat instituted
pursuant to Ghapter 429, Minnesota Statutes.
then on hand in said account or thereafter received and any bonds proceeds not
so transferred, shall be transferred to the Improvement Bond Redemption Fund
6.
ment Bond Redemption Fund of the Village, which fund of the Village agrees to
maintain until all bonds payable therefrom have been paid in full. If the
money in said Fund should at; any time be insufficient to pay principal and
interest due on said bonds, such amounts shall be paid from other funds of the
Village, and such other funds shall be reimbursed therefor when sufficient
money becomes available in said Improvement Bond Redemption Fund.
7. The Village hereby covenants and agrees that, for the payment of the cost
of the improvements financed by the issuavce of the bonds herein authorized,
the Village has done or will do and perform all acts and things necessary for
the final and valid levy of special assessments in a principal amount not less
than $2,000,000, the amount to be assessed for each such improvement being not
less than 20% of the cost thereof. Said assessments shall be payable in
annual installments, to be spread upon the tax rolls of the Village with other
taxes of the Village in the years 1969 through 1978, for collection in the
years 1970 through 1979, with interest on unpaid installments thereof from time
to time at the rate of 5% per annum. In the event that any such assessment
shall be at any time held invalid with respect to any lot or tract of land, due
to any error, defect or irregularity in any action or proceedings taken or to
be taken by the Village or by this Council or by any of the officers or employ-
ees of the Village, either in the making of such assessment or in the per-
formance of any condition precedent thereto, the Village hereby covenants and
agrees that it will forthwith do all such further things and take all such
and binding lien upon said property.
8.
to the payment of the bonds and the interest therein.
levied for this purpose at this time since it is estimated that the collections
of all special assessments appropriated to said Improvement Bond Redemption
Fund and the interest thereon, together with the cast? on hand in said Fund,
will be not less than 5% in excess of the amounts needed to pay all principal
and interest when due on all bonds payable from said Fund, including the bonds
Said bonds shall be prepared under the direction of the VillageSClerk
The proceeds shall
There is hereby created a separate fund of the Village designated as
There shall also
All special assessments and taxes
of the Village. ..
The bonds herein authorized to be issued.shal1 be payable from the Improve-
- further proceedings as shall be required-by law to make such assessment a valid
The full faith, credit and taxing powers of the Village are hereby pledged
No tax will however be
308 1 11/18/68
herein authorized.
9.
Auditor of Hennepin County a certified copy.of this resolution and to obtain
from said County Auditor a certificate stating that said bonds have been entered
upon his bond register.
10.
and directed to prepare and furnish to the purchaser of said bonds and to the
attorneys approving the legality of the issuance thereof, certified copies of
all proceedings and records relating to said bonds andeto the financial affairs
of the Village, and such other affidavits, certificates and information as may
be required to show the facts relating to the legality and marketability of
said bonds as the same appear from the books and records under their custody
and control or as otherwise known to them, and all such certified copies, cer-
tificates and affidavits including any heretofore furnished, shall be deemed
representations of the Village as to the facts-recited therein.
Motion for adoption of the resolution was seconw by Councilman Shaw and on
The Village Clerk is hereby authorized and directed to file with the County
The officers of the Village and said County Auditor are hereby authorized
rollcall there -
ATTEST:
were five ayes and no nays
I
Y Le& 8. fh,
Village Clerk
Councilman Shaw's motion of congratulations to Mr. Hyde and Mr. Dalen for their
success in achieving AA rating for the bonds was seconded by Councilman Van
Valkenburg and carried. r
HANSEN ROAD STREET IMPROVEMENT ABANDONED. Mr. Hyde recalled to Council that the
improvement of Hansen Road between,T.H. 158 and W. 60th Street had been continued
from the Meeting of October 28, 1968, and advised that, in accordance with the
Council's decision at that meeting, the Village Engineer had been at the inter-
section of Hansen Road and Grove Street to explain the staking and to receive
suggestions from interested property owners. He advised that a traffic count
taken by E. C. Bather Consulting Engineers showed a decrease in traffic between
1966 and 1968.
from 1750 in 1966 to a present count of 959.
of Benton had dropped from 1205 in 1966 to present count of 860.
that this drop in traffic has been due to the closing of the Benton Avenue Bridge;
however, E. C. Bather Consulting Engineers do not believe that-Hansen Road will
ever become a major highway. Mr. E. W. Williamson, 5816 Hansen Road, spokesman
for the neighborhood, advised that widening of the street would call for removal
of trees and that property owners as a whole are opposed to widening the street,
and presented a petition opposing the improvement.
he had taken his own traffic count and had noted that traffic flow is steady
during the day and that at no time is there any congestion. He suggested waiting
until Benton-Avenue is completed to see if there is a need €or the improvement at
that time. Mayor Bredesen mentioned the possibility that perhaps State Aid Funds
would not be available at that time.
who favors the street improvement is the owner of two lots who wants the storm
sewer which would be incidental to the street improvement and noted that property
owners concede that a storm sewer is desirable for the area. Mr.tDrake advised
that the storm sewer pipe would run for less than a block along Hansen Road and
that it would not be necessary to repair. the entire length of road. Mr. Hyde
indicated that three catch basins could solve the entire storm sewer problem.
He recommended that the paving project be abandoned and a hearing held on the
storm sewer, with the understanding that no further street improvements would
berconsidered for the next four or five years.
postponement of the improvement will probably mean that the construction costs
avaklable.
have to be prohibited OR one or both sides of the street. Councilman Johnson
advised property owners that if the street receives a great deal of use because
of additional traffic during the T.H. 100 construction, there may be a mainten-
ance assessment. It was noted that while-Hansen road will not be designated as
a detour at that time, it is the first available street and additional traffic
is anticipated.
Councilman Johnson's motion that the project be abandoned and the Engineers be
advised to set a hearing for an area storm sewer was seconded by Councilman
Courtney and carried Mr. Pat Hubert, 5812 Hansen Road, thanked Mr. Drake for
his cooperative attitude in dealing with property
I Traffic count between Benton Avenue and Grove Street had dropped
Traffictcount on Hansen Road south
It is believed
Mr. Williamson advised that
Mr. Williamson noted that the only person
Councilman Courtney stated that
- will be higher and that there is a possibility that State Aid Funds will not le
It was also brought out that thare is a possibility that parking may
owners in the area.
.. .- I .~
11/18/68 i 309
WEST 72ND STREET OPENING, GRADING AND GRAVELING ABANDONED, Affidavits of
Mailing and of Publication were presented by Clerk, approved as to form and
ordered placed on file. Mr. Hyde recalled that this improvement had been
considered at the Meeting of October 28, 1968, but that a new hearing is
sented estimated construction cost at $43,148.95, proposed to be assessed
against all lots and blocks in Edina Interchange Center 3rd Addition, Lots
1, 2, 3 and 4, Block 1, Edina Interchange Center 2nd Addition First Replat, and
Lot 3, Block 1, Edina Interchange Center 2nd Addition. It is proposed to open,
grade and gravel West 72nd Street from Bush Lake Road to the west-line of Edina
Interchange Center 3rd Addition. Mr. Hoisington advised that the staff still
feels that this road is.necessary and that it is not wise to have only one
street by which to carry traffic in and out of a busy industrial area such as
this will be. He advised that he had met with Mr. Lew Bonn and that Mr. Bonn's
concern in particular is in being on a corner lot and in future assessments
which may be levied for additional improvements.
Maico, Inc., protested that if Maico's land is taken for street purposes, a
number of variances will be necessary for planned plant expansion. Mr. John
Wright, representing Lew Bonn Company, advised that had they been aware that
they would be on a corner lot, they would have developed their property dif-
ferently, and that if the road is constructed as planned, Lew Born's property
would be devaluated.
for providing access to the east now, rather than waiting until the area is
ready for dedopment. Mayor Bredesen said that he feels that access to the
east is particularly important at this time and suggested that the proposed
road would be expensive and provide only a little relief.
said that he does not feel it is wise to construct business facilities on a
long cul-de-sac in the case of an emergency. Following considerable discussion
as to traffic movement in the area, Councilman VanValkenburg's motion that the
street improvement be abandoned and the matter postponed until it is known what
developments will occur to the east of the area in question was seconded by
Councilman Shaw and carried, with Councilman Johnson voting %ayCL.
SPORTS CLUB USE IN PLANNED INDUSTRIAL DISTRICT DENIED. Affidavits of notice
were presented by,Clerk, approved as to form and ordered placed on file. - Hoisington presented a request to construct a sports club in the Edina Interchange
Center.
indoor and outdoor.tennis courts, paddle tennis courts, squash courts, swimming
pool and restaurant facilities. Mr. Hoisington advised that Planning Commission
has recommended denial of the request, whereupon Counci1man.VanValkenburg's
motion for denial of the necessary amendment to the Zoning Ordinance was secon-
ded by Councilman Shaw and on rollcall there were five ayes and no nays and the
motion was carried.
-being held because of a request to enlarge the assessment district. He pre- .
Mr. James Utne, representing
He further advised that the Village should be making plans
Councilman Johnson
Mr.
Site plans presented to Planning.Commission include handball facilities,
W. 65TH STREET NAME CHANGE TO "VALLEY LANE" GRANTED FIRST READING, Affidavits
of Notice were presented by Clerk, approved as to form and ordered placed on
-file. Mr. Hoisington recalled that Planning Commission had recommended denial
of a street name change for West 65th Street from Valley View Road to Ridgeview
Drive to "Valley Lane," feeling that numbered streets serve as an orientation
and identification for an area. Mr. R. G. Wall, 5509 West 65th Street, spokes-
man for a group of residents, referred to the petition submitted and enumerated
reasons for the street name change. Reasons given by Mr. Wall were that con-
fusion arises because a numbered street is not also a tebhrucr street, and that
"West 65th Street" does not sound particularly like an Edina address.
R. Anderspn, 5412 West 65th Street, said that the Village should give more con-
sideration to aesthetic street names. Mr. Robert Eller, 5513 West 65th Str eet,
spoke in favor of the street name change.
Valley View Road and West 65th Str eet asked if a sign could be placed on the
east side of Tracy Avenue indicating the direction to T.H. 100 and to the
Crosstown Highway. She and Mr. J. N. Karnegis, 5604 West 65th Street, indicated
that they do not want the street name changed.
Councilman VanValkenburg offered Ordinance No. 164-42 for First Reading as fol-
lows, with Second Reading to be held only if the street name change is approved
by the Post Office.
- Mrs. A.
A lady who lives on the corner of
Following considerable discussion,
ORDINANCE NO : 164-42
AN ORDINANCE AWNDING VILLAGE OF EDINA ORDINANCE
NO. 164 ENTITLED "AN ORDINANCE NAMING AND RENAMING . CERTAIN STREETS, ROADS AND AVENUES OF
THE VILLAGE OF EDINA:lF
.THE VILLAGE OqUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS:
further .amended by adding after Section 68 the following:
Section 1. Ordinance No. 164 of the Village, as amended, is hereby
"Section 69. 'West 65th Street' from Valley View Road
to Ridgevfew Drive as the same of record in the Office .. -
11/18/68
of the Register of Deeds, Hennepin County, is hereby
named 'Valley Lane'." .
Section 2, This Ordinance shall be in effect from and after its passage and
publication.
Motion for passage of First Reading was seconded by Councilman Shaa and on roll-
call there were four ayes trith,Councillman Johnson voting *'naytt in support of the
recommendation for denial by the Planning Commission and because he believes that
changing this street name could be setting a precedent throughout the Village.
Mr. Shaw noted that the staff might give consideration*to changing West 64th Street
to Doran Lane. No action was taken.
ARNESON ADDITION GRANTED PRELIMINARY PLAT APPROVAL. Mr. Hyde presented Arneson
Addition for preliminary approval, advising that this 14 lot plat is located south
of West.70th Street between Larkspur Lane and Dunham Drive,
has recommended preliminary approval.
7108 West Shore Drive, :and other gentlemen in the audience.
heard,.Councilman Johnson offered the following resolution authorizing preliminary
approval.and moved its adoption:
Planning Commission
Plat was reviewed by Mr. Bruce Shubert,
No objections being
RESOLUTION GRANTING, PRELIMINARY APPROVAL TO t: - ARNESON ADDITION
BE IT RESOLVED by phe Village Council of the Village of Edina, that that
certain plat entitled "Arneson Addition" platted by James E. Johnson and presented at
the Meeting of November 18, 1968, be and is hereby granted preliminary approval,
Motion for adoption of the resolution was
rollcall there were five ayes and no nays and
ATTEST :
0 Village Clerk 1
WATERMAIN 239 APPROVED ON 100% PETITION. Mr. Hyde reported that a petition for
watermain on an easement line from Ayrshire Vlvd. to Edina Highlands School had
been received by the Village Clerk, signed byMs. Donald,Pryor, Director of Business
Affairs for Independent School District No. 273, owner of all real property'abut-
ting on said portion of Ayrshire Blvd.
to assess the entire cost against the property of such owner.
thereupon introduced the following resolution and moved its adoption:
- UPON PETITION THEREFOR
I Said petition also requested the.Counci1
Trustee Courtney
RESOLUTION ORDERING WATERMAIN 239
BE IT RESOLVED by the Village Council' of the Village of Edina, Minnesota, as
follows :
1. It is hereby found and determined that a petition has been filed requesting
the Council to construct a Watermain on an easement line from Ayrshire Blvd..to
Edina Highlands Schoo1,iandtto assess the entire cost against the property of
petitioners, and that said petition has been signed by all owners of.real*prop-
erty abutting on said street where said improvement is to be located.
2.
to in all subsequent proceedings as WATERMAIN IMPROVEMENT NO. 239. cast of said improvement is hereby ordered to be assessed against the properties
abutting on said easement line where said improvement is to be located.
Motion for adoption of the resolution was seco
The making of said petition is hereby ordered pursuant to Minnesota Statutes,
Said improvement is hereby designated and shall be referred -Section 429.031 (3).
The entire
and on roll-
-call there were five ayes and no nays and the
ATTEST :
-
$L h3:.d.4aL4
Village Clerk
BIDS AWAT%DED FOR VARIOUS DQROVEMENTS.
in response to Advertisement for Bids in the Edina Sun on October 24, 1968, and in
the Construction Bulletin on Octobef 24 and 31, 1968, for Sanitary Sewers 280 and
277, Watermains 235, 238 and 239 and Storm Sewer 118. Tabulation for Proposal A.
(Sanitary Sewer 280, Storm Sewer 118 and Watermain 238) showed M. -E. Kraft Co.,
Inc., low bidder at $188,072.90, Peter Lametti Construction Co. at $189,849.76,
Suburban Sewer & TJater, Inc.
Northern Contracting Co. at $203,921.50 and Beatson & Kelly, Inc., at $245,885.00.
Engineer's estimate was $176,911.00. Tabulation for Proposal B -(Sanitary Sewer
277 and Watermain 235) showed Phelps-Drake, Inc., low bidder at $8,768.00, North-
Mr. Hyde presented tabulation of bids received
at $190,198.00, Phelps-Drake Co., Inc., at $198,692.30,
ern Contracting Co. at $11,417.00 and Beatson & Kelly, Inc., at $14,151.00 against
Engineer's estimate of $9,415.00. Tabulation for Watermain 239 showed Northern
11/ 18/68 1 311
I
I
Contracting Co. low bidder at $4,887.50, M. E. Kraft Co., Inc., $5,150.00,
Beatson & Kelly, Inc., at $5,195.00 and Phelps-Drake Co., Inc. at $6,553.00, as
atainst Engineer's estimate of $3,721.50.
to recommended low bidder in all cases was seconded by Councilman Shaw and
carried.
Councilman Courtney's motion for award
RUDY TRONES HEARING DATE SET FOR R-4 ZONING FOR 4409 VALLEY VIEU ROAD by motion
of Councilman Shaw, seconded by Councilman Johnson and carried.
HYDE PARK PRELIMINARY PLAT APPROVAL HEARING DATE set for December 2, 1968, by
motion of Councilman Courtney, seconded by Councilman VanValkenburg and carried.
NOWDALE ADDITION IWISER REPLAT PRELIMINARY PLAT APPROVAL HEARING DATE set
for December 2, 1968, by motion of Councilman Johnson, seconded by Councilman
Shaw and carried.
LOTS 10, 11, 12, BEWK 8, NORMANDALE SECOND ADDITION DIVISION APPROVED. Mr.
Hoisington presented request to divide Lot: 11, Block 8, Normandale Second
Addition, adding a portion to.Lot 10 and a portion to Lot 12 to make two lots
each 87% feet in width from the existing three lots. Councilman Johnson then
offered the following resolution and moved its adoption as recommended by Plan-
ning Commission:
RESOLUTION
WHEREAS, 14m. & Wm. , Inc. , is the owner of a certain parcels of land in the Vil-
lage of-Edina described as follows:
Lot 10 and that part of Lot 11, Block 8, Normandale 2nd Addition
lying South of the North 37,5', all of Lot 12, Block 8, Norman-
dale 2nd Addition, and the North 1/2 of 14. 65th Street adjacent
to said Lot 12; and
WHEREAS, said owner has requested approval of the Village of Edina of the
conveyance and ownership of the above described land as a separate parcel; and
WHEREAS, it has been determined that compliance with the Subdivision and Zoning
Regulations of the Village of Edina will create an unnecessary hardship and
said tracts of.land as separate parcels does not interfere with the purpose of
the Subdivision and Zoning Regulations as contained in the Village of Edina
Ordinance Numbers 261 and 263-A;
NOW, THEREFORE, it is hereby resolved by the Village Council of the Village of
Edina that the conveyance and ownership of the above described tracts of land as
a separate parcel is hereby approved and the requirements and provisions of
Ordinance Nos. 261 and 263-A are hereby waived as to said division and convey-
ance, subject, however, to the provision that no further subdivision be made
of the above described tract of land unless made in compliance with the pertin-
ent ordinances of the Village of Edina or with prior approval of this Council
as may be provided for by these ordinances.
Motion for adoption of the resolution was seconded by Councilman Shaw and on
rollcall there were five ayes and no nays and
ATTEST: Mayor
Village Clerk
v
LOT 6, BLOCK 1, BROADMORJ3 ADDITION SECOND REPLAT, DIVISION APPROVED. Mr. Hois-
ington presented the request to divide a small corner of property on Lot 6,
Block 1, Broadmore Addition Second Replat, which is to be added to Lot 1, Block 1,
J. E. Danielson's Addition. He advised that this division merely straightens
the lot lines and that Planning Commission has recommended approval. Council-
man Shaw thereupon offered the following resolution and moved its adoption:
WHEREAS, L, Kenneth Sexton and Shyrl D. Sexton, husband and wife, are the
owners of a certain parcel of land in the Village of Edina described as follows:
RESOLUTION
That part of Lot 6, Block 1, Broadmore Addition 2nd Replat, Hennepin
County, Minnesota, which lies southerly oE a line drawn from the
northeast corner of Lot 8, Block 1, Boradmore Addition 2nd Replat,
Hennepin County, Minnesota, easterly to the northwest corner of Lot 8,
Block 1, Broadmore Addition; and
WHEEAS, said owners have requested approval of the Village of Edina of the
conveyance and ownership of the above described land as a separate parcel; and
WHEREAS, it has been determined that compliance with the Subdivision and Zoning
Regulations of the Village of Edina will create an unnecessary hardship and
said tract of land as a separate parcel does not interfere with the purpose .
of said Subdivision and Zoning Regulations as contained in the Village of Edina
Ordinance Numbers 261 and 263-A;
312 ) 11/18/68
..”.
NOV, THEREFORE, i.t is hereby resolved by &he Pillage Counail of the Village of Edina
that the conveyance and ownership of the .above described tract of land as a separ-
ate parcel is hereby approved and the requirements and provisions of Ordinance Nos.
261 and 263-A are hereby waived as to said division and conveyance, subject, however,
to the provision that no further subdivision be made of the above described tract
of land unless made in compliance with the pertinent ordinances of the Village
of Edina or with the prior approval of this Council as may be provided for by these
ordinances.
/
Hotion for adoption of the resolution was . follcall there were five ayes and no nays
I ATTEST: , Mayor
Village Clerk
PART OF LOT 5,CASSIN’S OUTLOTS DIVISION APPROVED.
petition for division of a.portion of Lot 5, Cassin’s Outlots, which will divide
the property into two parcels on either side of a line represented by the southerly
extension of the center line of existing York Avenue. He noted that a lot division
was granted in 1967 which was much less logical than the current proposal and that
the owner has indicated the desire to nullify the previous division.
VanValkenburg thereupon offered the following resolution as recommended by Planning
Commission, nullifying the previous division and approving the division of Lot 5,
Cassin’s Outlots as now proposed:
Mr. Hoisington presented the
Councilman
RESOLUTION
WHEREAS, William J. Rawitzer is the owner of a certain parcel of land in the Vil-
lage of Edina described as follows:
The Vest 229.86 feet of that part of Lot 5, Cassin’s Outlots lying Vest
of a line beginning at a point on the South line of said Lot 5, distant .
219.1 feet West from the Southeast corner thereof and running Northerly
to a point on the North line of said Lot 5, distant 221.1 feet West from
the Northeast corner thereof and there terminating; and lying South of
the South line of Cassin’s Replat; and r
I WHEREAS, said owner has requested approval of the Village of Edina of the convey-
ance and ownership of the above described land as a separate parcel; and
I?HEREAS, it has been determined that compliance with the Subdivision and Zoning
Regulations of the Village of Edina will create an unnecessary hardship and said
tract of land as a separate parcel does not interfere with the purpose of the
Subdivision and Zoning Regulations, as contained in the Village of Edina Ordinance
Numbers 261 and 263-A;
NOW, TREREFORE; it’is hereby resolved by the Village Council of the Village of
Edina that the conveyance and ownership of the above described tract of land as
a separate parcel is hereby approved and the requirements and provisions of
Ordinance Nos. 261 and 263-A are hereby waived as to said division and conveyance,
subject, however, to.the provision that no further subdivision be made of the
above described tract of land unless made in compliance with the pertinent ordi-
nances of the Village of Edina or with the prior approval of this Council
be provided for by these ordinances; and
BE IT FURTHER RESOLVED that the division of said lot as approved by the Edina
Village Council at its Regular Meeting of August 7, 1967, be and is hereby revoked
and that said Resolution is of no further force and affect.
Hotion for adoption of the resolution wa d by Councilman Shaw and on roll-
call there were five ayes and no nays an
as may
..
ATTEST :
$LA,-”
Village Clerk
AIRPLANE NOISES DISCUSSED.
had called Council’s attention to the activity taken by the Minneapolis City Council
relative to airplane noises. Mr. Hyde introduced Mr. John Richter who intends to
build his home in Edina.
problems which he anticipates in Edina and urged that Council press for a new
airport very quickly. No action was taken.
Mr. Hyde recalled that a short time ago Councilman Shaw
Mr. Richter made a presentation of the airplane noise
BIDS TO BE TAKEN FOR DUMP TRUCK, TRUCK CHASSIS AND BITUMINOUS DISTRIBUTOR.
recommendation of llr. Hyde, Councilman Courtney offered the following resolution
authorizing taking of bids for one dump truck with box, one truck chassis and
one bituminous distributor and moved its adoption:
Upon the
11/18/68 5 313
I
I
RESOLUTION APPROVING PLANS AND SPECIFICATIONS
FOR MISCELLANEOUS PURCHASES
AND DIRECTING ADVERTISEMENT FOR BIDS
BE IT RESOLVED BY THE VIILAGE COUNCIL, VILLAGE OF EDINA. MINNESOTA:
1.
forth in the following Advertisement for Bids form, heretofore prepared and now
on file in the office of the Village Clerk are hereby approved.
2. The Clerk shall cause to be published in the Edina Sun and Construction
Bulletin the following notice for bids for purchases:
The plans and specifications for the proposed miscellaneous purchases set
.
(Official Publication)
VILLAGE OF EDINA
HENNEPIN COUNTY
MINNESOTA
Advertisement for Bids
EQUIPMENT
SEALED BIDS will be received and opened in the Council Chambers, Edina Village
Hall, 4801 'West 50th Street, at 11:OO a.m., Tuesday, December 10, 1968, and the
Edina Village Council will meet at 7:OO p.m., Monday, December 16, 1968, at the
Village Hall to consider said bids, being for the following:
One (1) Dump Truck with Box
One (1) Truck. Chassis
One (1) Bituminous Distributor (Engine Drive)
Bids must be in conformance with specifications which are available at the Edina
Village Hall. No bids will be considered unless securely sealed and filed with
the undersigned before 11:OO a.m., Tuesday, December 10, 1968, accompanied by a
bid security equal to at least 10% of the total net bid.
The Village Council reserves the right-to reject any or all bids or any part of
any bid.
BY ORDER OF THE VILLAGE COUNCIL.
Florence B. Hallberg
Village Clerk
Motion for adoption of the resolution wa
and on rollcall there were five ayes and
d by Councilman VanValkenburg
ATTEST: Mayor ,
3hd&L*ed, h,.
. Village Clerk
WATERMAIN 212 ASSESSMENT LEVIED AGAINST LOTS 28, 29, 30 AUDITORS SUBDIVISION 325.
Mr. Whitlock advised Council that Dr. Ralph H. Boos, 5000 Blake Road, has decided
against signing a "Declaration of Non-Division of Property" as he had intended
so that he would be assessed for five, rather than seven, connections for Water-
main Improvement 212.
resolution and moved its. adoption:
Councilman VanValkenburg then offered the following
RESOLUTION LEVYING IIIATERIlAIN 2 12 ASSESSMENTS
AGAINST LOTS 28, 29, 30, AUDITORS SUBDIVISION 325
WHEREAS, Dr. Ralph H. Boos has requested that five, rather than seven, connections
be charged for Watermain 212 against Lots 28, 29 and 30, Auditors Subdivision 325;
and
IIHEREAS, Dr. Boos has now deteimined not to sign sai'd "Declaration of Non-Division
of Property" and ha@ rekuested the .skien cbnnections be- levied against Lots 28,
29 and 30, Auditors Subdivision 325; *
NOW, THEREFORE, BE IT RESOLVED that two additional connection charges be levied
for Watermain Improvement 212 so that a total of seven connection charges will
hereby be levied against said lots for Watermain Improvement 212.
Motion. for adoption of the resolution was seconde
rollcall there were five ayes and no nays and
ouncilman Johnson and on
ATTEST :
SANITARY SEWER IMPROVEMENT 258, WATERMAIN IMPROVEMENT 219 ASSESSMENT CONTINUED.
Mr. 1~7hitlock advised Council that the owners of Parcel 3810, S. 32, T. 117, R.
21 had signed the "Declaration of Non-Division of Property" relative to Sanitary
sewer 258 and Watermain 219 but that the Mortgagee had not yet signed the
agreement. Councilman Johnson's motion that the matter be continued to December
2, 1968, was seconded by Councilman VanValkenburg and carried.
314 I 11/18/68
TRAIN WHISTLING ORDINANCE TO BE DRAFTED, The Village Attorney having rendered an
opinion that, while the question is not entirely free from doubt, the Village has
the power to enact an ordinance prohibiting the sounding of railroad bells and
whistles within its municipal limits, Councilman VanValkenburg's motion direc.ting the
Village Attorney to draft such an ordinance was seconded by Councilman Shaw and carried.
RUZIC MATTER CONTINUED FOR SIOUX TRAIL FOURTH ADDITION OUTLOTS.
Council that
of Sioux Trail Outlots A and B which are needed by the Village for drainage pur-
poses and recommended that condemnation now be commenced in order that the con-
tractor can proceed with ditching operations. Mr. Ruzic then entered the Meet-
ing and advised that he must consult his partner and his attorney before making
any commitments. In reply to a statement of Mr. Ruzic, Mr. Hyde advised that
Mr, Rosland had never been authorized to offer any money for the outlots and
that it had always been the understanding that the property was to be deeded to
the Village in return for R-2 zoning *of. adjacent lots on County Road 18, Mr,
Ruzic was also advised that Counci1,had authorized a hearing rezoning his property.
Mr. I'Jhitloclr advised that only if Mr. Ruzic should sign a statement authorizing
entering on the Iand or if the Village should in some way obtain title to the
property, could work proceed under Contract No. 68-20-D for ditching. Following
considerable discussion, Councilman VanValkenburg's motion that the Mayor and
Village Manager meet with Mr. Ruzic on November 21, 1968, to attempt to work out
the matter so that condemnation would be unnecessary was seconded by Councilman
Johnson and carried,
tion and moved its adopFion:
Mr. Hyde advised
he had made several additional attempts to contact Mr. Joe Ruzic, owner
I
Councilman VanValkenburg. t$en offered the following resolu-
RESOLUTION AUTHORIZING CONDEMNATION OF
OUTLOTS A AND B, SIOUX TRAIL FOURTH
ADDITION,
BE IT RESOLVED that the- Edina Village Attorney is herebyvauthorized to commence
condemnation proceedings with respect to Outlots A and B, Sioux Trail Fourth
Addition.
Motion for adoption of the resolution was
rollcall there were five ayes and no nays
by Councilman Johnson and on
esolution s adopted.
U
% I ATTEST : Mayor &2zlE&2&4q
$LA ddh4
Village Clerk
TRANSPORT -LEASING CORPORATION BRINGS SUIT AGAINST TAX AUTHORITIES.
advised Council that Transport Leasing Corporation has brought suit against all
tax authorities in the State of Minnesota and all local jurisdictions where ever
their property is located, in order to determine if leased,furniture, fixtures,
etc. are personal property and should be taxed as such.
to the Village Attorney for investigation by motion of Councilman Shaw, seconded
by Councilman Courtney and carried,
Mr . Hyde.
The matter was referred
TRAFFIC SIGNALS AT FRANCE AVENUE AND CROSSTOIJN HIGHWAY FINANCING CONTINUED. Mr.
Hyde advised Council that the County Highway Department had refused the request
of the Village to pay more than 75% of the cost of the traffic signals at France
Avenue and the Crosstown Highway. Mr. Hyde said that from a traffic and safety
point of view these signals are necessary.
more evidence where "big government" refuses to take its responsibilities and
that Edina does not receive the same service as other municipalities from either
the County or From the State of Minnesota.
action at this time was then seconded by Councilman Courtney and carried.
3ETROPOLITAN FINANCING METHODS DISCUSSED.
to a letter received from the Metro Section of the League of Minnesota Munici-
palities asking that Council discuss proposals outlined for financing government
sewices in the metropolitan area. Mayor Bredesen advised that he has talked to
an investment company which is not in agreement with the Metropolitan Council!s
beliefs and noted that he had literature on the subject which he would circulate
to the Council, He further advised that he notes that the Metropolitan Section
of the League has endorsed a stronger elective taxing authority for the Metro-
politan Council and suggested that this be given consideration at the next Meet-
ing.
mitted to the State Legislature and to the Metropolitan Section of the Minnesota
League of Municipalities and moved its adoption:
Mayor Bredesen noted that this is one
Councilman Shawls motion postponing
Mr, Hyde called attention of Council
I
Councilman VanValkenburg then offered the following resolution to be sub-
/
11/18/68 ) 315
RE SOLUTION
WHEREAS, the Government Finance Committee of the Metropolitan Section of the
League of Minnesota Municipalities has, under date of October 18, 1968, submit-
ted a discussion draft entitled FrAn Approach to Financing Government Services
in the Metropolitan Area"; and .
IEIEREAS, the Committee's recommendation proposes several alternate methods of
securing more revenue for municipalities , proceeds of which would be distributgd
on a formula to include population and need; and
WHEREAS, this proposal suggests additional revenue for units of government other
than municipalities, and since it is felt it might be better to confine our
efforts to our own jurisdictions;
NOW, THEREFORE, BE IT RESOLVED
are unacceptable in regard to the following:
THAT THE Village of Edina feels that the proposais
1. The State Income Tax should not be increased.
2. There is no definition as to what constitutes need, and certainly the
3.
amount of taxes levied by a community is not a good criteria.
Little attention is paid in the proposal to effecting economies in
government operation.
Motion for adoption of the resolution was seconded by Councilman Shaw and on
rollcall there were five ayes and no
ATTEST : Mayor
4 Village Clerk
ORDINANCE NO. 181B GRANTED SECOND READING. Mr. Hyde presented Ordinance No.
181B amending the Peddlers and Solicitors Ordinance, First Reading for which
was granted at Council Meeting of November 4, 1968.. Following some discussion,
Councilman Johnson offered the following ordinance for Second Reading and moved
its adoption:
ORDINANCE NO. 181B
AN ORDINANCE PROHIBITING PEDDLERS OR SOLICITORS
FROM ENTERING UPON CERTAIN PREMISES WITHIN THE VILLAGE,
PROVIDING FOR REGISTRATION AND REGULATION OF PEDDURS AND
SOLICITORS AND CERTAIN VENDORS, AND PROVIDING A PENALTY
THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS:
Section 1. Definitions.
Subdivision 1.
Subd. 2.
For the purposes of this ordinance the words defined in
this section have the meanings given them.
"Peddler" means any person with no fixed place of business
who goes from house to house carrying or transporting goods, wares or merchan-
dise and offering or exposing the same for sale, or making slaes and deliveries
to purchasers of the same.
Subd. 3. "Solicitor" means any person who goes from house to house
soliciting or taking or attempting to take orders for the purchase of any goods,
wares or merchandise, including magazines, books, periodicals or personal
property of any nature whatsoever for delivery in the future, or orders for the
performance of maintenance or repair services in or about the home or place of
business, such as furnace cleaning, roof repair or blacktopping.
able commidities or vendors of solft water service or laundry and dry-cleaning
pick-up and delivery who make an uninvited initiatory call upon the occupant of
a residence as a preliminary step to the establishment of a regular route service
for the sale and delivery of such commodities or the providing of such services
to regular customers shall not be included within the above definition of
"peddler" or "solicitor".
"Peddler" or "solicitor" does not include any person who
sells or attempts to sell, or solicits or attempts to solicit orders for goods,
wares or merchandise, if he does so in behalf of a bona fide charitable, religious,
civic, educational or political organization.
of the Village who wishes to exclude peddlers or solicitors from premises
occupied by him may place upon or near the usual entrance to such premises a
printed placard -01 sign bearing the following notice:
Prohibited".
wide and the printing thereon shall not be smaller than 48 point type.
ler or solicitor shall enter in or upon any premises or attempt to enter in or
upon any premises., where such placard or sign is placed and maintained.
such premises -shall remove, injure or deface such placard or sign.
Subd. 4. Vendors of milk, groceries, bakery products, or other perish-
Subd. 5.
Sec. 2. Peddlers and Soliciturs May be Prohibited by Placard. Any resident
"Peddlers and Solicitors
Such placard shall be at least 3-3/4 inches long and 3-3/4 inches
No Ped-
Sec. 3. May Not Deface Placard. No person other than the person occupying
316 ( 11/18/68
Sec. 4. Registration of Peddlers and Solicitors and Other Vendors. Before
engaging in peddling or soliciting, or in making calls as described in Subdivision
&of Section 1, the peddler, solicitor or vendor, except a person selling or ped-
dling the products of a farm or garden occupeid and cultivated by him, must submit
the following information to the Village Clerk.
(a)
(b)
(c) If employed, the name and address of the employer;
(d)
(e)
His name and permanent address and local address, if any;
A brief description of the ,n?ture of the business and the goods' to be
sold;
The period of time within which he intends to conduct activities;
The source of supply of the goods or property proposed to be sold, or I in the case of goods or property to be sold by solicitation of orders, where such
goods or products are located at the time the information is submitted to the
Village Clerk, and the proposed method of delivery;
(f) of a worthless check of which the registrant was convicted within the 10 most -
recent years, and the nature of the crime or crimes of which he was Convicted; and
(g) TJhether the registrant has taken advantage of any state or federal bank-
ruptcy or insolvency law or proceeding as a bankrupt or debtor within the 10 most
recent years.
Every peddler, solicitor or vendor required to submit the foregoing information
shall promptly submit to the Clerk any changes therein required by changes in
circumstances.
Sec. 5. Annual Registration Fee. At the time of submitting information as
required by Section 4, and annually thereafter on,or before January 1, 1970, and
each January 1 thereafter, as long as he engages in activities which require him
to submit information under Section 4 hereof, the peddler, solicitor or vendor
shal-1 also pay a registration fee, of $3.00.
Sec. 6. Acts in Violation of Ordinance. The following acts or omissions
shall be deemed violations of. the provisions of this ordinance:
(a)
(b)
Any felonies or gross misdemenaors, or any crimes of theft or issyance
Acts prohibited by Sections 2 and 3 hereof;
Engaging in peddling or soliciting, or in making calls as described in . - Subdivisfon 4 of Section 1, without registration or payment of the registration
fee whenever required by Sections 4 and 5 hereof;
required by Section 4;
Sale of merchandise or services by a peddler, solicitor or vendor by
means of statements which the person making them knows or should know are false or
misleading;
Sale of merchandise by a peddler, solicitor or vendor, iqhich merchanise
is not of merchantable quality or is not fit for the purpose for which the seller
knows or has reason to know the merchandise is being purchased.
upon conviction thereof, shall be punished by a fine not exceeding,$100 or by
imprisonment for a period not exceeding 90 days.
(c) Furnishing false information, or failing to furnish information as
(d) I
(e)
' Sec. 7. Penalty. Any person who violates any provision of this ordinance,
Sec. 8. Ordinance No. 181A is hereby repealed. .. Section 9. This Ordinance takes effect upon its passage and publication.
Motion for adoption of the ordinance was
rollcall there were five ayes and no nays
ATTEST:
Village Clerk .
-2 -2 9 ORDINANCE NO. 263A/GRANTED FIRST READING.
amends the Platting Ordinance, for First Reading.
developer of a plat must file a bond or an escrow account at the .time preliminary
approval is granted to assure the payment of special assessments when the improve-
ments are installed by the Village. Following some discussion, Councilman Johnson
offered the following ordinance for First Reading:
ORDINANCE NO. 263A-2
Mr. Hyde presented Ordinance 263u which
This. ordinance provides that the
I '
AN ORDINANCE AMENDING THE PUTTING ORDINANCE (NO. 263) *
OF THE VILLAGE BY PROVIDING FOR CASH ESCROW
TO SECURE SUBDIVISION FINANCING AGREENENT.
THE VILLAGE COUNCIL OF THE VILLAGE OF EIIINA, MINNESOTA, ORDAINS:
Sectipn 1. Section 7 of Ordinance No.-263A of the Village is hereby amended
to read as follows;
"Sec.. 7. Responsibility for Improvements: Subdivision Financing Agreements.
In the case of plats situated within the Single Family Dwelling Dis,tri.ct, when
preliminary approval has been given to such plats, the person who filed such plat
shall cause all street, water and sewer improvements required by the resolution
granting such approval to be completed, at'hks own expense and under the supervision
11/18/68 317. l
.
of the Village's Director of Public 'Norks and Engineering, or in lieu of
making such improvements, he shall sign a subdivision-financing agreement.
Such agreement, to be made between the person filing the plat and the Village,
shall obligate the Village to provide engineering services and construct the
improvements, and obligate such person to pay to the Village the cost of such
services and construction, through payment of special assessments, which shall
be payable in three annual installments, provided, however, that the Village
shall not be obligated to enter into such agreement if the developer does not
file a bond or deposit cash in escrow as hereinafter described, or if the Village
Council determines that the Village must borrow money to pay its costs of con-
struction under such agreement and such borrowing will jeopardize the Village's
credit rating. Such agreement shall also provide that if the developer trans-
fers any lot or parcel in the platted area while special assessments thereon
remain unpaid, they will be paid or prepaid in full to the Village Treasurer
or the County Treasurer.
corporation approved by the Village Council as surety thereon, in the full amount
of all costs of making the improvements specified in the subdivision financing
agreement not paid in cash by the developer before or at the time of entering
into such agfeement, and shall be given for the securing to the Village of the
payment of the special assessments.
deposit in escrow in a national or state bank having an office in the Village
cash in the amount of the unpaid improvement costs, together with instructions
to the bank to pay the money to the Village to the extent of any default by the
developer in the payment of the special assessments."
upon its passage and publication.
VETERiWS' PREFERENCE DENIED FOR DISCHARGED EMPLOYEE. llr. Hyde advised thak an
employee who had been discharged in October, 1968, for failure to work overtime,
and who had been previously warned, had requested a hearing under the Minnesota
Veterans' Preference Law. Although Federal governmental agencies had refusedsto
submit: information concerning the employee's service record, the employee
himself has indicated that he served in the United States Navy for nine days
only, Mr. Hyde recommended that the Village take the position that he is not
actually a veteran, and therefore, not eligible for any benefits under Veterans'
Preference. Councilman Courtney's motion authorizing the Village Nanager to
proceed as he recommended was seconded by Councilman VanValkenburg and carried.
"The bond herein required shall be given by the developer with a
"If the developer does not file such bond, he may in lieu theieof
Sec. 2. This ordinance shall be in full force and effect immediately
..
GARBAGE DISTRICTS TO BE CONSIDERED FOR VILLAGE. Mr. Hyde advised Council that
Mr. Robert Sloan of Edina-Morningside Sanitation has requested that considera-
tion be given to dividing the Village into districts to eliminate duplication of
routes by garbage and trash haulers.
districts for the Village and specifications for bids.
FIRE DEPARTMENT RELIEF ASSOCIATION INVESTMENTS REVISED. Mr. Hyde advised
Council that the Board of Trustees of the Edina Firemen's Relief Association had
requested a change in the percentage of investment procedures whereby a minimum
of 20% of the fund be in United States Government Securities and 80% in Mutual
Funds.
tion and moved its adoption as recommended by Mr. Dalen:
Mr. Hyde said that he would work out
Following some discussion, Councilman Shaw offered the following resolu-
RESOLUTION
WHEREAS, on January 26, 1969, action was taken by the Edina Village Council to
approve a minimum of 40% of those assets of 'the Edina Fire Department Relief
Association not needed for current expenses be invested in United States Govern-
ment Securities, and a maximum of 60% &n Massachussetts Investment Trust; and
WHEREAS, the Edina Fire Department Relief Association proposes a change of a
minimum of 20% in United States Government Securities and 80% in Mutual Funds,
inasmuch as Mutual Funds of the Association are near the 60% maximum and still
growing ;
NO17, Tm,mFORE, BE IT RESOLVED that the Edina Village Council hereby authorizes
a change in the investment policy as follows:
20% in United States Government Securities
80% in Mutual Funds
Motion for adoption of the resolution was
rollcall there were five ayes and .no nays
Mayor ATTEST :
I
318 / d ii/ 18/68
LIBRARY CONTRACT APPROVED.
a contract to be executed by Hennepin County relative to the lease of the
Edina Library Building. Following some discussion, Councilman Johnson offered
the following resolution and moved its adoption:
BE IT RESOLVED by the Edina Village Council that the agreement for the lease
of the Edina Library be and is hereby approved; and
BE IT FURTHER RESOLVED that this agreement be now submitted to Hennepin County
for approval.
Notion for adoption of the resolution
call there were five ayes and no nays an
Nr. Hyde advised that Councilman VanValkenburg had drawn
RESOLUTION APPROVING LIBRARY LEASE AGREEIBNT
ATTEST: 3. ./ L4, !'
Village Clerk
LIQUOR FUND as of September 30, 1968, was presented by Mr. Dalen, reviewed and
ordered placed on file by motion of Councilmqn Shaw, seconded by Councilman
Courtney and carried.:
CLAIMS PAID. Notion by Councilman VanValkenburg was seconded,by Councilman Court-
ney and carried-for payment of the following Claims as per Pre-List:
Fund, $28,025.03; ConstructAon Fund, $268,786.81; Park, Park Sinking, Park Con-
struction, Swim Pool, Golf Course and Arena, $80,954.18; lalater .. Fund, $22,688.91;
Liquor Fund, $66,784.70; Sewer Rental Fund, $29,349.66; Improvement Funds,
$305,391.13; Poor Fund, $220.15; Total, $802,200.58.'
General
No further business appeariGg before Council, Councilman Johnson's motion for
adjournment was seconded by Councilman Shaw and carried. Adjournment at 9:45
P *rp*
$,L&& B. z5LLdLq
I Village Clerk