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HomeMy WebLinkAbout19690721_regularMembers answering Mayor Bredesen. MINUTES OF THE REGULAR MEETIhY; OF THE EDINA VILLAGE.COUNCIL WLD AT VILLAGE HALL ON ___ -. MONDAY, JULY 21, 1969- . __ .- .. Rollcall were Councilmen Courtney, Shaw, VanValkenburg and $100,000 RECREATION CENTER BONDS SOLD. affidavits of publication of nqtice,of sale of $100,000 Recreation Center Bonds, Series C for which bids were to be received at this meeting in accordance with a resolution adopted by the Village Council on July 7, 1969. were approved and ordered placed on file. one sealed bid had been received in his office until 4:OO o'clock p.m. on this date, which was the time specified in the notice of sale for opening bids. The bid received was thereupon presented to the Council and tabulated as follows: Name of Bidder Bid TOE Principal - Interest Rate Total Interest The Finance Director presented * The affidavits I The Finance Director reported that Miller & Schroeder, Inc. $100,000 plus 5% 4.9999 $1.00 premium (Net Average Rate) Afeer consideration of the foregoing bid, Trustee Courtney introduced the following resolution and moved its adoption: RESOLUTION AUARDING SALE OF $100,000 RECREATION CENTER BONDS, SERIES C BE IT RESOLVED by the Village Council of the Village of Edina, Minnesota, that the bid of Miller & Schroeder, Incorporated, of Minneapolis, Minnesota, and associates, to purchase $100,000 Recreation Center Bonds, Series C, of the Village to be dated August 1, 1969, at a price of par plus accrued interest, bonds maturing in the years set forth below to bear interest at the rate of 5.00% per annum and to be issued in accordance with the notice of bond sale heretofore duly published, is hereby found and declared to be the highest and best bid received pursuant to advertised notice of sale of said bonds, and is hereby accepted. check of said successful bidder and to return all other good faith checks fortliwitb. ful bid and return it to the bidder, after obtaining from said bidder his agreement that the Village may at any time on or before August 31 return the good faith check to bidder and revoke the sale of the bonds without being subject to any liability for such revocation. The Village Clerk is directed to retain the good faith The Mayor and Clerk are directed to endorse a copy of the success- I The motion for the adoption of the Ccuncilman VanValkenburg no nays, whereupon said Mayo r Y Deputy Village Clerk Councilman Shaw then introduced the following resolution and moved its adopt- ion : RESOLUTION AUTHORIZIXG THE ISSUANCE OF $100,000 RECREATION CENTER BONDS, SERIES C, PRESCRIBING THEIR FORM ANI> DETAILS AND COVENANTS WITH RESPECT THERETO BE IT RESOLVED by the Village Council of the Village of Edina, Minnesota, as follows : 1. This Council, by its resolution adopted July 7, 1969, authorized the issuance and sale of $100,000 General Obligation Recreation Center Bonds, Series C of the Village to be dated August 1, 1969, to finance the acquisition and betterment of an improvement to the recreation center described in Section 4 of the resolution adopted by the Council on August 2, 1965, entitled "Resolu- tion Authorizing the Issuance of $450,000 Recreation Center Bonds, Describ- ing Their Form and Details and Covenants with Respect Thereto." pursuant to Minnesota Laws 1961, Chapter 655 and Minnesota Statutes, Chapter 475, such bonds have now been sold to the highest and best bidder at public sale, and it is hereby determined to be in the best interest of the Village to issue said bonds to the purchaser thereof forthwith. 2. shall be designated Recreation Center Bonds, Series C, shall be twenty. in number and numbered from 1 through 20 , each in the denomination of $ 5,000 shall be dated August 1, 1969, shall mature in order of serial numbers on August 1 and without option of prior payment in the amount of $10,000 in each of the years 1970 through 1979, and shall bear interest from date of issue until paid at the rate of 5% per annum. Interest on the bonds shall be payable on February 1, 1970, and semiannually thereafter on each August 1 and February 1, National Bank of St. Paul, Under and The $100,000 principal amount of general obligation bonds herein authorized Frincipal and interest on the bonds shall be payable at First 7/21/69 \ and the Village hereby agrees to pay the reasonable and customary charges of the paying agent. 3. The bonds and the interest coupons to be attached thereto shall be printed in substantially the following fohn: UNITED STATE OF AMERICA COUNTY OF HENNEPIN VILLAGE OF EDINA RECREATION CENTER BOND, . STATE OF MINNESOTA' SERIES C No. $ KNOW ALL MEN BY THESE PRESENTS that the Village of Edina, Hennepin County, Minnesota, acknowledges itself to be indebted and for value received promises to pay to bearer the sum of THOUSAND DOLLARS on the 1st day of August, 19 , without option of prior payment, and to pay interest on said principal sum at the rate of five and no hundredths per cent (5.00%) per annum, from the date hereof until the principal sum is paid, semiannually on the 1st day of February and the 1st day of August in each year, commencing February 1, 1970, in accordance with and upon presentation and surrender of the interest coupons appurtenan'i:.hereto. , in , in any coin or currency of the United States'of America which on the respective dates of payment is legal tender far public and private debts. For the prompt and full payment thereof as the principal and interest respectively become due the full faith, credit and taxing powers of the Village have been irrovocably pledged. This bond is one of a series in the aggregate principal amount of $100;000 all of like date and.tenor except as to-serial number and maturity date and issued by the Village for the purpose of financing the construction and improvement to the municipal recreation center, and is issued pursuant to resolutions duly adopted by the Village Council and pursuant to and in full conformity with the Constitution and laws of the State of Minnesota thereunto enabling, including Minnesota Laws 1961, Chapter 655. IT IS HEWBY CERTIFIED, RECITED, COVENANTED AND AGREED that all acts, condi- tions and things required by the Constitution- and laws of the State of Minnesota to be done, to happen, to exist and to be performed precedent to and in the issuance of this bond in order to make it a valid and binding general obligation of the Village according to its '~'er~s, have been done, have happened, do exist, and have been performed in regular and due form, time and manner as so required; that the Village has pledged and appropriated to the special fund for the payment of the bonds so much of the net revenues to be derived from the operation of the municipal recreation center and of the municipal liquor dispensary as shall be required to pay the principal thereof and interest thereQn when due and to establish and maintain at all times a reserve equal to the average, annual amount of such principal and interest, provided that if such revenues should at any time prove insufficient for these purposes the Village is required to levy ad valorem taxes upon all taxable property within its corporate limits, without limitation as to rate or amount, for the. payment of the bonds and interest thereon when due; and that this bond, together with all other indebtedness of the Village outstanding on the date hereof and on the date of its actual issuance and delivery, does not exceed any constitutional or statutory limitation of indebtedness. IN WITNESS WHEWOF,,the Village of Edina;Hennepin County, Minnesota, by its Village Counci1,'has caused this bond to be executed in its behalf by the facsimile signature of its Mayor and the manual signature of the Village Manager, and sealed with its official seal, has caused the interest coupons appurtenant hereto and the certificate appearing on the reverse side hereof to be executed and authenticated by the facsimile signatures of said officers, and has caused this bond to be dated as of August 1, 1969. Both principal and interest are payable at ¶ (Facsimile signature) Mayor Countersigned: I Village, Manager (seal) (Form of Coupon) No. $ On the first day of February (August), 19 , the Village of Edina, Hennepin County, Minnesota, will pay to bearer at , in Y , the amount shown hereon in lawful money of 7/21/69 the Un ted States of America, for the installment of interest Recreation Center Bond, Series C, dated August 1, 1969, No. hen due on i (Facsimile signature) (Facsimile signature) (Form of certificate to be printed on the reverse side of each Village Manager - Mayor s bond, following a full copy of the legal opinion on the issue.;) We certify that the above is a full, true and correct copy of the legal opinion rendered by bond counsel on the issue of Recreation Center Bonds, Series C of the Village of Edina, Hennepin County, Minnesota, which includes the within bond, dated as of the date of delivery of the payment for the bonds. (Facsimile signature) (Facsimile signature) The bonds shall be prepared under the direction of the Village Clerk and Village Manager - Mayor 4. executed in behalf of the Village by the printed, engraved, or lithographed facsimile signature of the Mayor, manually attested to by the Village Manager, and the corporatel seal of the Village shall be affixed thereto. A copy of the legal opinion rendered by bond counsel shall be printed on the back of each bond together with the certificate of the Mayor and Manager authenticating it. The legal opinion, certificate and the appurtenant.interest coupons and the certificate on the reverse side of the bonds referring to the legal opinion thereon shall be ex ecuted and authenticated by the printed, engraved or lithographed facsimile signatures of the Mayor and Village Manager. bonds have been so executed and. authenticated, the Treasurer shall deliver them tb the purchasers in accordance with the contract of sale heretofore entered into, on receipt of the agreed purchase price including accrued interest to the date of such delivery, and the purchasers shall not be required to see to the proper application of the proceeds of the bonds. 5. Upon delivery of the bonds herein authorized, the bond proceeds shall be credited to a fund established for the construction of an improvement to the recreation center of the Village and used to pay capital costs incurred in constructing said improvement. operated as a revenue-producing publicaonvenience, and all revenues derived therefrom shall be paid into the Recreation Center Fund'established by resolu- tion of the Council dated August 2, 1965, authorizing the issuance of said series of Recreation Center Bonds, Series A and B. 6. from operation of the municipal liquor stores, in excess of the cost of operation and maintenance thereof, in the fiscal year which ended December 31, 1968, were in excess of $335,000, which amount exceeds the maximum amount of principal and interest to become due in any future fiscal year on all of the outstanding Golf Course Bonds of the Village, dated as of December 1, 1963, and on all of the outstanding Recreation Center Bonds, Series A and B of the Village, dated September 1, 1965, and on bonds herein authorized. From net-revenues derived from operation of the municipal liquor stores and now on hand the sum of $36,500 is hereby appropriated and shall be credsted forthwith to the Bond Account (Series C)'of the Recreation Center Fund referred to. below, which amount, together with the moneys now on hand in the Bond Account and not heretofore established for payment of bonds'-of Series A and B, exceeds the average annual amount of principal and interest to become due on all bonds payable from said Bond Account and Bond Account (Series C) in all future fiscal years. The*Village is bherefore authorized by Chapter 655, Laws 1961, to secure the bonds herein authorized by the covenants and agreements herein- after set forth. In accordance with sa'id Chapter 655, the bonds may be issued by resolution of this Council. 7. The resolution of August 2, 1965, authorizing the issuance of outstanding Recreation Center Bonds (Series A and B) provided that net revenues of the Recreation Center could.be pledged to bonds issued to finance iqrovements to the center if the pledge of such revenues is egpressly made subordinate to the first lien and charge thereon, including a reserve, for bonds of Series A-and B. Said resolution also provided that net revenues of the municipal liquor dispensary could also be pledged to payment of such additional bonds on a parity with the lien thereon -in favor of bonds of Series A and B, if net liquor revenues received in the fiscal year immediately preceding the issuance of such additional bonds shall have been at least 1 1/4 times the maximum amount of principal and interest to become due in any subsequent fiscal year on the bonds of Series A and B and on the additional bonds. determined and deElared that the net revenues received in the .fiscal year which ended June 30, 1969, were sufficient to satisfy such condition, wherefore the bonds of Series C may be made payable from the net liquor dispensary revenues on a parity with bonds of Series A and B. When the The improvement, when completed, shall be It is hereby found, determined and declared that net revenues derived . I It is hereby Zound, $63 7/21/69 8. So long as the bonds herein authorized are outstanding, the Village shall continue to operate tts recreation center as a revenue-producing public con- venience, and will maintain omits official records the Recrekkion Center Fund and the Operating Account and Bond Account therein in accordance with the provisions of the resolution of August 2, 1965. In addition, there shall be maintained in said fund a separate Bond Account (Series C), to be used solely for the payment of principal and interest when due on the-bonds herein authorized and for the maintenance of a reserve securing such payments in the sum of $13,400 hand in the Operating Account of the Recreation Center Fund, there shall be transferred to the Bond Account (Series C) each month after all transfers and credits required to be made to the Bond Account for payment of the Bonds of Series A and B, a sum equal to not less than one-sixth of the interest to become due on the then next succeeding interest payment date plus one-twelfth of the principal to become clue on the eheh next succeeding maturity date of the bonds of Series C, and if the net revenues on’hand in any month are not sufficient to comply fully with this requirement, the deficiency shall be restored to tha.Bond Account (Series C) out of the next net revenues there- after received and available for the purpose. Such transfers may be discon- tinued when and as the total balance in the Bond Account (Series C), together with payments of principal and interest to be received on any general obligation securities of the United States Government in which such balance may be invested, is sufficient to pay all remaining principal and interest to become due on the bonds of Series C. 9. In the event that at any time the net recreation center revenues are insufficient to transfer to.the Bond Account (Series C) the amounts then and theretofore required in paragraph 8 above, the amount of the deficiency shall be advanced from the net revenues then on hand in the-liquor dispensary fund, and such advances shall be repaid from the next net recreation center revenues then received in the Bond Account (Series C). . 10. Nothing herein shall prevent the future issuance of obligations payable in whole or in part.from net revenues of the recreation center, to finance an improvement thereto for the acquisition, betterment, operation or maintenance of other municipal recreational facilities, or for any other purpose for which such revenues may be appropriated by the Council in accordance with law; provided, however, that no additional obligations shall be issued and’ made payable from the net revenues of the recreation center unless the pledge of such revenues for payment of such additional obligations is expressly made subordinate to the lien and charge thereon in favor of payment of principal and interest when due, and maintenance of reserve balances required, for bonds of Series A and B. payable in whole or in part from the net revenues of the municipal liquor. dispensary, whether pursuant to Laws 1961, Chapter 655 or any other applicable law, provided that the pledge of the nei liquor revenues for the payment of such bonds and interest is expressly made subordinate to the lien on and pledge thereof for. the payment of the principal and interest on the Recreation Center Bonds, Series A, B and C, and the maintenance of the agreed reserve securing such payments, unless the net liquor revenues receivgd during the fiscal year immediately preceding such issuance shall have been not less than one and one-quarter times the maximum amount of principal and interest to become due in any subsequent fiscal year on all outstanding Recreation Center Bonds and all other bonds then payable from such net revenues, including the additional bonds then proposed to be issued. revenues received in the fiscal year preceding any such issuance have coni formed to the condition prescribed in the preceding sentence, the additional bonds so issued may be made’payable from the et liquor dispensary revenues on a parity with the outstanding Recreation Center Bonds as to both principal and interest, without preference or priority of one bond over any other; except that if the net liquor revenues on hand at any time are not sufficient, with other funds then on hand for the payment of all such bonds, to pay in full the principal and interest.then due, the balance of net liquor revenues then available shall be allocated to the Bond Account and Bond Account (Series C) of the Recreation Center Fund and to the respective funds established for the payment of other bonds, in proportion to the principal amount of bonds of each issue which are then outstanding. 11. Pursuant to Minnesota Laws 1961, Chapter 655, the full f&th, credit and taxing powers of the Village are also irrevocably pledged for the prompt and full payment of the principal and interest on the Recreation Center Bonds. (Series C) as such principal and interest respectively become due. The appropriations and covenants contained in this ‘resolution are deemed to be sufficient to assure the payment of such principal and interest and the maintenance of additional reserves as required by said Chapter 655 and by Minnesota Statutes, Chapter 475. . From the net revenues of the recreation center on Nothing herein shall prevent the future issuance of bonds In the event that the net Accordingly, no tax is presently’ levied for this purpose. bBlance on hand in the Bond Account (Series C) of the Recreation Center Fund should be less than the sum of such principal-and interest to become due in the ensuing calendar year, the*Village covenants and agrees that it will levy a tax sufficient, with the _net liquor dispensary revenues and net recreation center revenues then on hand in said Account, to pay all such principal and interest, which tax shall be levied upon all taxable property within the- corporate limits of the Village, without limitation as to rate or amount. 12. The Village Clerk is hereby authorized and directed to file with the County Auditor of Hennepin County a certified copy bf this resolution, together with such other information as the County Auditor may required, and to obtain - from said County Auditor a certificate that the tax required by law for the payment of said bonds has been levied, and that said bonds have been entered upon his bond register. 13. hereby authorized and directed to prepare and furnish to the purchaser of said bonds, and to the attorneys approving the legality of the issuance thereof, certified copies of all proceedings and records of the Village relating to said bonds and to the financial condition and affairs of the Village, and Such other affidavits, certificates hnd information as may be required to show the facts relating to the legality and marketability of saia ljonds as the same appear from the books and records under their custody and control or as otherwise known to them, and all such certified copies, certificates and affidavits, including any heretofore furnished, shall be deemed representa- tions of the Village as to the facts recited therein. Motion €or adoption of the foregoing r man VanValkenburg and on rollcall ther resolution was adopted. However, if on October 1 in 1969 or any subsequent year the The officers of the Village and County Auditor of Hennepin County are as duly seconded by Council- ayes and no nays and the tiayo r Deputy Village Clerk HALLA NURSERY PROPERTY GRANTED FIRST READING. Affidavits of notice were presented by Deputy Clerk, approved as to form and ordered placed on file. Mr. Hoisington recalled the owners are requesting to build a 14 story apart- ment building on the property, with the intent to situate the apartment more toward the north of the site. favorably R-5 zoning on the whole site. The original request came in for automobile parking adjacent to the existing.commercia1 building. Commission felt that this was not an appropriate usage for" this site and, that the whole site should be R-5. The site is five Bcres with approximatel. density of a little less than 50 units' per acre. Mr. Selmer Halla informed the Council that he was informed that this location was ideal for this type of structure and best utilized the site. Eventually, he said, they had in mind going into a more deluxe type of apartment. This area will be used only for offices of Halla Nursery in the building presently on the site. Ibs from Cerny &Associates explained he concurred with Mr. Hoisington on the development of this particular property. now for Halla Nursery will eventually be blended into the overall development of the apartment building. Councilman Courtney asked if the owners were per- fectly satisfied with the arrangement as it is or what is the objection, if any, in regard to the nursery portion'. Don Halla replied that originally they had wanted the existing building to be zoned C-1 but the Planning Commission did not agree with this and, therefore, zoned the area R-5. Mr. Hoisington said the area excludes the land needed for Highway $100 widening. offered the following Ordinance No. 261-190 for First Reading and moved its adopt ion: The Planning Commission and staff recommends The Planning Mr. Ernest He stated that the building existing Councilman Courtney ORDINANCE NO. 261-190 AN ORDINANCE AMENDING ORDINANCE NO. 261 (ZONING ORDINANCE ) OF THE VILLAGE OF EDINA ESTABLISHING AN ADDITIONAL R-5 MULTIPLE RESIDENCE DISTRICT THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS: Section 4, (Multiple Residence District) of Ordinance No. 261 of revised ~ ordinances of the Village of Edina, is hereby amended by adding the following Section 1. Paragraph 1, I6.dtiple Residence District Boundaries of sub-paragr aph: District R-5: (5) Tracts A, B, C & D, R.L.S. R.L.S. #lo21 and including #390 and Tracts a miscellaneous A and By triangle .I 7/21/69 Y of highway property lying south of R.L.S. #390 and west of R.L.S. #1021. Section 2. This Ordinance shall be in full force and effect from and after its passage and publication according to law. Motion for adoption of the First Reading of Ordinance No. 261-190 was seconded by Councilman VanValkenburg and on fl ro there were four ayes ..3 and no nays and the Ordinance'.was adopted. ATTEST : Mayor c Deputy Village Clerk ORDINANCE NO. 261-189, AUTOMOBILE PARKING ADOPTED AT SECOND READING. Affidavits of notice were presented by Deputy Clerk, approved as to form and ordered placed on fil'e. Mr. Hoisington presented Ordinance No. 261-189 for Second Reading noting that no changes had been made since the First Reading, July 7, 1969. With no further discussion Councilman Shaw offered Ordinance No. 261-189 for Second Reading and moved its adoption: ORDINANCE NO. 261-189 AN ORDINANCE RELATING TO AUTOMOBILE PARKING DISTRICTS: AMENDING ORDINANCE NO. 261 THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, ORDAINS: three new paragraphs to read: * District is established to insure the preservation of existing off-street parking facilities; to provide accessory parking for commercial, office, medical, residential, and municipal uses; and to establish parking as a transitional use between high and low intensity uses of land. District only the following structures and uses are permitted: street or ground level parking lots; underground parking ramps; above ground parking ramps not to exceed a height of 50 feet above the average level of the highest and lowest ground within 300 feet of the ramp;'and drive-in banking facilities located adjacent to a bank or other similar financial institution. No parking ramp or any part thereof may be located less than 50 feet from the boundary of any district established by sections 3, 4 and 5 of Ordinance No. 261. ramps and facilities shall be surfaced and maintained with a hard, all weather, dust free surfacing material. be designed and constructed in accordance with the standards for striping, screening, setbacks, length and width of stalls and isle widths, established for the zoning district for which the parking is to be provided. Section 1. Ordinance No. 261, Section 5, is amended by adding "2. Purpose of Automobile Parking District. The Automobile Parking "3. Uses Permitted in District. In the Automobile Parking "4. Restrictions On Permitted Uses. All parking lots, All parking lots, ramps and facilities shall Section 2. Ordinance No. 261, Section 5, paragraph 2, is repealed. Section 3. This ordinance is in full force and effect immediately upon its passage and publication. Motion for the adoption of the Ordinance No. 261-189 was seconded by Council- man Johnson and on rollcall thereuwere four Ordinance was adopted. && Deputy Village Clerk ORDINANCE NO. 261-185, R.L.S. #1218 ADOPTED. Affidavits of Notice were presented by Deputy Clerk, approved as to form and ordered placed on file. Mr. Hyde reported that this is the creation of a new R.L.S. #1281 in the Rauen- horst area which will be used by two more, I believe, Dum & Curry buildings. Mr. Hyde presented a letter from Gerald Rauenhorst,'President of Rauenhorst Development Corporation stating they agree to grants the Village of 'Edina storm sewer easements as follows: A 15' easement for storm sewer purposes the centerline of which is described as follows: Commencing at a point on the north line of tract I of R.L.S. 1218, 180' east of the north west corner of said tract I, thence southwesterly to the southwest corner of tract H, R.L.S. 1218 and a 15' easement for storm sewer ditch purposes over the north 15' of tracts B, C, and the west 150' of tract D of R.L.S. 1218. The letter also said they agree to furnish and install a 72" arch pipe through tracts H and I of R.L.S. 1218. '' Mr. Hyde said that for the drainage through the golf course 7/21/69 t upon recommendation of Mr. Dunn and John Dickson not as much ponding area is needed as was originall? contemplated. The general plan to go through the golf course would take a second hearing and requires some assessment on pro- perties other than Rauenhorst to finish the whole job. the following Ordinance No. 261-185, R.L.S. 1218 for Second Reading and moved its adoption: Councilman Shaw offered ORDINANCE NO , 261-185 AN ORDINANCE AElENDING THE ZONING ORDINANCE OF THE VILLAGE OF EDINA BY ESTABLISHING AN ADDITIONAL PLANNED INDUSTRIAL DISTRICT THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS: Section 1. Paragraph 2, Boundaries of Planned Industrial District of Section 10 (Planned Industrial District) of Ordinance No. 261 of revised ordinances of the Village of Edina, as amended, is hereby further amended by adding after subparagraph (aa) of said paragraph 2, the following sub- paragraph : -- "(bb) Tracts D and E and those portions of Tracts F, G, H and I lying West of the East 305 feet, Registered Land Survey 1218, Section 31, Township 28, Range 24" Section 2. This Ordinance shall be in full force and effect ' immediately after its passage and publication according to law. Motion for adoption of Ordinance No. 261-185 was seconded by Councilman Courtney and on rollcall there were four ayes and no nays and Ordinance was adopted. BLAKEWOOD ADDITION PRELIMINARY PLAT ABANDONED. Mr. Hyde suggested that this plat be dropped because one of the owners involved is not interested in going ahead with-the plat. plat for Blakewood Addition be dropped completely. seconded the motion. Motion Carried. ORNAMENTAL LIGHTING L-6 BIDS AWARDED. received in response to Advertisement for Bids in the Edina Sun on July 3 and-7 the Construction Bulletin on July3 and 10, 1969. Tabulation for Ornamental Lighting Improvement No. L-6 showed Egan-McKay Electrical Contractors, Inc. as low bidders at $38,856.00 with Skeldon-Green Electric, Inc, $39,909,00 and Hoffmann Electric Company with $40,528.00. to award bid was seconded by Councilman Shaw and carried. Councilman VanValkenburg moved that the pre1iminar.y * Councilman Courtney 1 Mr. Hyde presented tabulation of bids I Councilman VanValkenburg's motion BID AWARDED FOR STREET IMPROVEMENT NO. BA-146. Mr. Hyde presented tabulation of'bids received in response to Advertisement for Bids in the Edina Sun on June'26, 1969, and the Construction Bulletin on June 26, July 3, and 10, 1969. Tabulation for Improvement No. BA-146 showed Black Top Service Company as low bidder at $103,451.90 with Bury & Carlson, Inc., $103,725.10; Hennepin Black Topping Company, Inc., $105,475.50; Riegger Roadways, Inc. $105,604.65; Matt Bullock Contracting Company, Inc., $118,063.00 and Jerry Roche1 Excavating Company, $126,421.50. Councilman VanValkenburg's motion to .award bid to low bidder was seconded @y Councilman Courtney and carried, PETITIONS FOR WATER AND SEWER CONNECTIONS APPROVED. four requests as follows: Donald J. Perrenoud, Sewer and Water for 6904 Mark Terrace Drive; H. W, Kaiser, Sewer for 4602 Meriland; Norman Construction Co., Water for 4545 Valley View Road; Richard A. Edstrom, Sewer and Water conn- ection for 5317 Benton Avenue, are primarily the same in that they want to be assessed instead of paying a hookup charge because they were not in the original assessment and in checking with special assessments Mr. Hyde re- commends granting all requests. Mr. Dalen informed that these assessments would be assessed over a period of 10 years with the exception of Donald J, Perrenoud which has yet to be assessed. following resolution and moved its adoption: Mr. Hyde stated that the . Councilman Courtney offered the *. WHEREAS for Lot I RESOLUTION APPROVING ' ' SEWER AND WATER CONNECTIONS , Mr. Donald J. Perrenoud has requested sewer and water connections 3, Block 2, Pioneer Oaks Addition; H.W. Kaiser has requested sewer connection for Lot 2, Black 1, Wallings Addition First Replatf Norman Con- struction Company has requested water connection for Section 19, Township 28, Range 24, Parcel 770; and Richard A. EdStrom has requested water and sewer connections for Lot 2, Block 1, Hayden Addition, and; NOW,'THEREFORE, BE IT RESOLVED that these requests for permission to connect to the sewer and watermains of the Village of Edina be granted with the stipulation that the connectibn'charges be levied as a special assessment against the affected property, said assessments to be made over a period of 10 years with the exception of Lot 3, Block 2, Pioneer Oaks Addition wh'ich is to be levied in accordance with the assessment for Sanitary Sewer #257 . 7/21/69 and Watermain #218, Indian Hills. Motion for the adoption of the resolution was seconded by Councilman Van- Valkenburg and on rollcall there were four ayes was adopted. 3 nays and resolution ' 8eputy Village Clerk I 31 COOPER CIRCLE CONSTRUCTION APPROVED. seven residents objecting to the placement of a house on a vacant lot in their area. setbacks and sideyards. residents of Cooper Circle explaining the request for relocation of the resi- dential structure as proposed for Lot 7, Block 1, Cooper Addition, to be more esthetically compatable with the adjacent residential structures which are also on the curvilinear alignment known as the Cooper Circle Platting. The primary reason he gave was the possible difficulty in repairing the storm sewer pipe because of its proximity to the proposed dwelling. builder, explained that the buyer of the proposed structure desired to have the proposed structure facing this way. Also the proposed garage is a tucked under garage on the east side of the proposed structure. The distance between the proposed structure and the lot line to the east is the minimum allowable for the driveway for this proposed garage. If the pioposed structure was rotated it would move the structure closer to the pond situated in the backyard and would necessitate the excavation to the point where the pond would flood the hole. After considerable discussion the Council expressed the opinion that since the proposed structure met all of the Village requirements that there were no grounds for the Council to deny the Building Permit to Mr. Wayne Sanders. No further action was taken. Mr. Hyde presented a petition from The Building Permit application shows strict conformance with all Mr. Wayne Sweet spoke on behalf of the interested Mr. Wayne Sanders, the SCHOENING REGISTERED LAND SURVEY BE IT RESOLVED by the Village Council of the Village of Edina, Minnesota, that SCENIC VALLEY ADDITION PERMANENT STREET SURFACEAND CURB: HYDE PARK SEWER, WATER, STORM SEWER AND PERMANENT STREET SURFACING AND CURB PETITIONS RECEIVED. Councilman VanValkenburg moved that petitions for Scenic Valley Addition, permanent street surfacing and curb and Hyde Park sewer, water, storm sewer and permanent street surfacing and curb be accepted forFprocessing. Courtney seconded and Motion Carried. Councilman SOUTHDALE RLS FINAL PLAT APPROVED. Mr. Hoisington stated that no changes have been made since the preliminary approval and Planning Commission and staff recommend approval. moved its adoption: . Councilman Courtney offered the following resolution and RESOLUTION APPROVING SOUTHDALE REGISTERED LAND SURVEY BE IT RESOLVED by the Village Council of the Village of Edina, Minnesota, that that certain Registered Land Survey, presented for approval by Dayton Develop- ment Corporation covering property located generally between York Avenue South and France Avenue South and between West 66th Street and West 69th Street, and presented at the Edina Village Council Meeting of July 21, 1969, be and is hereby granted final approval. Motion for the adoption of the resolution was sec by Councilman VanValkenburg and on rollcall there were four ayes and no na , Deputy Village Clerk SCHOENING REGISTERED LAND SURVEY FINAL PLAT APPROVED. Mr. Hoisington recalled that this is located on Blake Road and no further changes have been made. Councilman VanValkenburg offered the following resolution and moved its adoption: RESOLUTION APPROVING that certain Registered Land Survey, presented for approval by Dr, Harry Schoening, covering property locatad in Tract A, Registered Land Survey 345, and presented at the Edina-Village Council Meeting on July 21, 1969, be and is hereby granted final approval. I 7/21/69 1 Motion for the adoption of the resolution was seconded by Councilman Courtney and on rollcall there were four ayes and no 1 ATTEN : -A Mayor 8' Deputy Village ( I \- Zerk WAL-DON BUILDERS 2ND ADDITION FINAL PLAT APPROVED. this addition is located oa Virginia.Avenue and all the lots conform to the ordinance requirements and the Planning Commission and staff recommend approval. Councilman VanValkenburg offered the following resolution and moved its adoption: Mr. Hoisington stated that I RESOLUTION APPROVING FINAL PLAT OF WAL-DON BUILDERS 2ND ADDITION BE IT RESOLVED by the Village Council of the Village of Edina, Minnesota, that that certain plat entitled "Wal-Don Builders 2nd Addition", platted by Wal-Don Builders, Inc., and presented at the Meeting of the Village Council of July 21, 1969, be and is hereby granted final approval. Motion for the adoption of the.resolution was seconded by Councilman Courtney and on rollcall there were four ayes and no nays and the resp3Qtion was adopted. GLEASON FIFTH ADDITION GRANTED FINAL PLAT APPROVAL. this Gleason Fifth Addition is located on Vernon Avenue.just west of Gleason Rd. Mr. Hoisington also stated that when the plat was originally proposed it was a four lot plat. Due to difficulty in exchanging a portion of Outlot C in order that Outlot B may be made a lot, Councilman VanValkenburg offered the following resolution granting final plat approval with the stipulation of the dedication of Outlot D, for use as park purposes and moved its adoption:. Mr. Hoisington recalled that I RESOLUTION APPROVING FINAL PLAT OF GLEASON .FIFTH ADDITION BE IT RESOLVED by the Village Council of the Village of Edina, Minnesota, that that certain plat entitled "Gleason Fifth,Addition", platted by Dean M. Akins and Nancy Bell Akins, husband and wife, and presented at the Meeting of the Village Council of July 21, 1969, be and is hereby granted final approval. Motion for the adoption of resolution was seconded by Councilman Shaw and on rollcall there were four ayes and no nays and the re on was adopted. Lk Deputy Village Clerk FIRST SEPTEMBER COUNCIL MEETING DATE SET. Council meeting in September as the first Monday falls on Labor Day. Courtney moved that the first meeting in September be held on the 8th of September, 'the second Monday of the month. 'Motion was seconded by Councilman VanValkenburg. Motion Carried. HEARING DATE SET FOR VARIOUS IMPROVEMENTS. that hearing date be set for August 4, 1969, for various improvements, Councilihan Shaw offered the following r,esolution and moved its adoption: Mayor Bredesen discussed the first Councilman Upon the recommendation of Mr. Dunn RESOLUTION PROVIDING FOR PUBLIC HEARING ON STORM SEWER NOS. P-ST.S-120, P-ST.S-121, AND P-ST.S-122 PERMANENT STREET SURFACING AND CONCRETE CURB AND GUTTER IMPROVEMENT NOS. P-EA-156, P-BA-157, P-BA-158, P-BA-159, P-BA-160, P-BA-161, AND P-BA-162 GRAVELING AND STABILIZING NOS. P-C-105 AND P-C-106 SANITARY SEWER NOS. P-SS-286, P-SS-287 AND P-SS-288 WATERMAIN NOS. P-WM-248, P-WM-249 AND P-WM-250 1. to the feasibility of the proposed improvements described in the forms of Notice of Hearings set forth below, and as to the estimated cost of such improvements, said The Village Engineer, having submitted to the Council a preliminary report as 0 7/21/69 169 1 report is hereby approved and directed to be placed on 5ile in the office of the Village Clerk. 2. This Council shall meet on Monday, August 4, 1969, at 7:OO p.m. in the Edina Village Hall, to consider in public hearing the views of all persons interested in said improvements. 3. The Clerk is hereby authorized and directed to cause notice of the time, place and purpose of said meeting to be published in the official newspaper once a week for two successive weeks, the second of which publication is to be not less than three days from the date of said meeting, and to mail notice to all affected properties in substantially the following form: (Official Publication) . VILLAGE OF EDINA HENNEPIN COUNTY, MINNESOTA - NOTICE OF PUBLIC HEARING ON STORM SEWER NOS, P-ST.S-120, P-ST.S-121 AND P-ST,S-122 PERMANENT STREET SURFACING AND CONCRETE CURB AND GUTTER IMPROVEMENT NOS. P-BA-156, P-BA-157, P-BA-158, P-BA-159, P-BA-160, P-BA-161, AND P-BA-162 GRAVELING AND STABILIZING NOS. P-C-105 AND P-C-106 WATERMAIN NOS. P-WM-248, P-WM-249 AND P-WM-250 SANITARY SEWER NOS. P-SS-286, P-SS-287 AND P-SS-288 EDINA VILLAGE COUNCIL will meet at the Edina Village Hall on Monday, August 4, 1969, at 7:OO P.M., to consider the following proposed improvements to be constructed under the authority granted by Minnesota Statutes, Chapter 429, The approximate cost of said improvements are estimated by the Village as set forth below: ESTIMATED COST 1. CONSTRUCTION OF VILLAGE STORM SEWER AND APPURTENANCES IN THE FOLLOWING: A. IMPROVEMENT NO. P-ST.S-120 Hansen Road from South line of Lot 2, Block I, E. V. Klopp's Subdivision to 440 feet North Easement line between Lots 2 and 3, - Block 1, E.. V.. Klopp's Subdivision , from Minneppolis, Northfield and Southern Railroad right-of-way to Hansen Road 2. B. IMPROVEMENT NO. P-ST.S-121 Sally Lane from South line of Addition Apache Road from Sally Lane to West Easement line between Lots 16 and 17, to Apache Road line of Addition Block 2, from Sally Lane to 130' 5 East Addition from Apache Road to 310' 2 North Easement line along West line of C. IMPROVEMENT NO. P-ST.S-122 Hyde Park Drive from Hyde Park Circle Easement line from Hyde Park Drive North 60' i to easement line Ease 40' i CONSTRUCTION OF PERMANENT STREET SURFACING AND CONCRETE CURB AND GUTTER IN THE FOLLOWING: A. B. C. D. E. F. IMPROVEMENT NO. P-BA-156 Aspasia Circle in Arneson's Addition IMPROVEMENT NO. P-BA-157 Shannon Drive in Hondo 2nd Addition IMPROVEMENT NO. P-BA-158 Malibu Drive in Malibu Heights IMPROVEMENT NO. P-BA-159 Sally Lane, Apache Road and Pawnee Road all in Indian Hills-Arrowhead .Addition IMPROVEMENT NO. P-BA-160 Gleason Road in Valley Estates 1st IMPROVEMENT NO .P-BA-161 Kemrich Drive from Shannon Drive to East Fleetwood Drive in Kemrich Knolls Addition Lanham Lane in Kemrich Knolls Addition Addition line of Kemrich Knolls ' $16,995.66 $24,441.20 $ 4,035.22 $11 , 184.5 6 $21,595.85 $ 8,815.99 $22,479.58 $ 6,892.60 $24,851.76 7/21/69 ESTIMATED COST G. IMPROVEMENT NO. P-BA-162 Darcy Lane in Scenic Valley Addition CONSTRUCTION OF GRAVELING AND STABILIZING ON THE FOLLOWING STREETS: .. A. IMPROVEMENT NO. P-C-105 1 3. Sally Lane, Apache Road and Pawnee Road .' all in Indian Hills-Arrowhead Addition B. IMPROVEMENT NO. P-(3-106 Gleason Road in Valley Estates 1st Addition 4. CONSTRUCTION OF VILLAGE WATERMAIN AND APPURTENANCES IN THE FOLLOWING: A. IMPROVEMENT NO. P-WM-248 Sally Lane, Apache Road and Pawnee Road $ 2,606.66 $15,652.00 $ 5,758.73 $23,585.16 5. all in Indiaq Hills-Arrowheqd Addition B . IMPROVEMENT NO P-WM-249 Gleason Road in Valley Estates 1st Addition . - C. IMPROVEMENT NO. P-WM-250 Hyde Park Drive and Hyde Park Cjrcle in Hyde Park Addition CONSTRUCTION OF VILLAGE-SANITARY SETJER AND APPURTENANCES IN THE FOLLOWING: A. IMPROVEMENT NO. P-SS-286 . 'Sally Lane, Apache Road and Pawnee Road all in Indian Hills-Arrowhead Addition B. IMPROVEMENT NO. P-SS-287 Gleason Road in Valley Estates 1st Addition C. IMPROVEMENT NO. P-SS-288 Hyde Park Drive and Hyde Park Circle in $ 5,454.12 . -. - $ 7,698.71 * $26,176.16 $ 9,322.57 $ 9,934.79 . Hyde Park Addition The area proposed to be assessed for the cost of the proposed Storm Sewer under 1-A above includes all lots and tracts of land within the following described boundarges: Commencing at the Northwest corner of Lot 2, Block 1, E. V. Klopp's Sub- division; thence South to the Southwest corner of Lot 3, Block 1, E. V. Klopp's Subdivision; thence Southeasterly to a point on the South line of Lot 1, Block 1, Warden Acres Berg Replat, said point being 35 feet West of the Southeast corner of said Lot 1; thence South parallel to and 35 feet e West of the West line of Hansen Road to a point in Lot 3, Block 1, Warden Acres Berg Replat, said point being 35 feet West of the East line and 30 feet North of the South line of said Lot 3; thence Southeasterly to the Southeast corner of said Lot 3; thence Southeasterlyfto the centerline of Benton Avenue and Hansen Road; thence East along the centerline of Benton Avenue to the centerlihe of Dale Avenue; thence North along the centerline of Dale Avenue to a point 25 feet North of the Southeast corner of Lot 2, Block 3, Codes Highview Park; thence West 25 feet North of and parallel to ' the South line of said Lot 2, a distance of 70 feet West of the centerline of Dale Avenue; thence North 50 feet West of and parallel to the West line of Dale Avenue a distance of 80 feet; thence Northeasterly to the Northeast corner of Lot 1, Block 3, Codes Highview Park; thence Northwesterly to a point in the South line of Lot 4, Block 1, Town's 1st Edina Addition, said point being 35 feet West of the Southeast corner of said Lot 4; thence North- westerly to a point in the South line of Lot 1, Block 1, Town's 1st Edina Addition, said point being 70 feet West of the Southeast corner of said Lot 1; thence Northwesterly to the Northwest corner of-said Lot l;,thence North- westerly to a point in Lot 11, Block 3, Melody Knolls 6th Addition, said point being 60 feet East of the West,line and 40 feet-South of the North I line of said Lot 11,; thence Northerly to a point in the North line of said Lot 11, said point being 60 feet East of the Northwest corner of said Lot . 11; thence Northwesterly to a point in the North line of Lot 12, Block 3, Melody Knolls 6th Addition, said point being 35 feet East of the Northwest corner of said Lot 12; thence Northerly to a point on the North line of Lot 13, Block 3, Melody Knolls 6th Addition, said point being 35 feet East of the Northwest corner of said Lot 13; thence West along the North line of . said Lot 13, and its Westerly extension to the West The of Hansen Road; thence South along the West line of Hansen Road to the Northeast corner of Lot 1, Block 1, E. V. Klopp's Subdivision; thence Southwpterly to point of beginning. 7/21/69 171.. c The area proposed to be assessed for the cost of the proposed Storm sewer under 1-B above includes all lots and tracts of land within Indian Hills- Arrowhead Addition. The area proposed to be assessed for the cost of the proposed Storm Sewer under 1-C above includes Lots 16, 17, 18, 19, 20, 21 and 22, Hyde Park; and the West 13 acres of East 60 acres of Nk of SWk, Section 8, T. 116, R. 21 (Parcel 5800). The area proposed to be assessed for the cost of the proposed Permanent Street Surfacing and Concrete Curb and Gutter under 2-.A, 2-B, 24, 2-D, 2-E and 2-G above, includes all lots and tracts of land abutting the streets proposed to be improved. The area proposed to be assessed for the cast of.the proposed Permanent Street Surfacing and Concrete Curb and Gutter under 2-F above includes Lots 1, 2, and 3, Block 1, Fjeldheim 2nd Addition; Lots 1, 2 and 3, Block 2, Fjeldheim 2nd Addition; Lots 1, 2, 3 and 4, Block 1, Lots 3, 4, 5 and 6, Block 2, Lots 1 thru 8 incl., Block 3, all in Kemrich Knolls Addition. The area proposed to be assessed for the cost of the proposed Grading and Stabilizing under 3-A above includes all lots and tracts of land within Indian Hills-Arrowhead Addition. The area proposed to be assessed for the cost of the proposed Grading and Stabilizing under 3-B above includes all lots and tracts of land within Valley Estates 1st Addition. The area proposed to be assessed for the cost of the proposed Watermain under 4-A above includes all lots and tracts of land within Indian Hills- Arrowhead Addition. The area proposed to be assessed for the cost of the proposed Watermain under 4-B above includes all lots and tracts of land witWalley Estates 1st Addi- t ion. The area proposed to be assessed for the cost of the proposed Watermain under 4-C above includes Lots 16, 17, 18, 19, 2Q, 21, and 22, Hyde Park; and the West 13 acres of East 60 acres of Nk of SWk, Sec. 8, T. 116, R. 21 (Parcel 5800). The area proposed to be assessed for the cost of the proposed Sanitary Sewer under 5-A above includes all lots and tracks. of land within Indian Hills- Arrowhead Addition. The area proposed to be assessed for the cost of the proposed Sanitary Sewer under 5-B above includes all lots and tr.acts of land within Valley Estates 1st Addition. The area proposed to be assessed for the cost of the proposed Sanitary Sewer under 5-C above includes Lots 16, 17, 18, 19, 20, 21 and 22, Hyde Park; and the West 13 acres of East 60 acres of Nk of SWk, Sec. 8, T. 116, R. 21 (Parcel 5800). -. . Florence B. Hallberg Village. Clerk Motion for the adoption of resolution was seconded by Councilman Courfney adopted. and on rollcall there were four ayes and no Mayor ty Village Clerk ASSESSMENT HEARING DATE SET. Date be set for September 8, 1969. Motion Carried. Councilman Shaw moved that Assessment Hearing Councilman Courtney seconded the motion. BIDS AUTHORIZED FOR VARIOUS IMPROVEMENTS. that bids be taken for various improvements, Councilman VanValkenburg offered the following resolution and moved its adoption: .:-RE SOLUTION AUTHOR1 ZING ADVERTISEMENT FOR BIDS FOR Upon the recommendation of Mr. Dunn . VARIOUS -.PUBLIC IMPROVEMENTS BE IT RESOLVED BY THE VILLAGE COUNCIL, VILLAGE OF EDINA, MINNESOTA: 1. following Advertisement for Bids forms, heretofore prepared by the Village Engineer and now on file in the office of the Village Clerk are hereby gpproved. 2. The Clerk shall cause to be published in the Edina Sun and Construction Bulletin the following notices for bids for improvements: The plans and specifications for the proposed improvements set forth in the $7'2' 7/21/69 (Official Publication) VILLAGE OF EDINA HENNEPIN COUNTY, MINNESOTA \ L', ADVERTISEMENT FOR BIDS I-,. PERMANENT STREET SURFACING AND CONCRETE CURB AND GUTTER IMPROVEMENT NOS. BA-149, P-BA-156, P-BA-157, AND P-BA-161 SANITARY SEWER NOS. P-SS-286, P-SS-287 AND P-SS-288 WATERMAIN NOS. WM-243, WM-244, P-WM-248, P-WM-249 AND P-WM-250 L HYDRANT REPLACEMENT IN MORNINGSIDE SECTION OF EDINA GRAVELING AND STABILIZII'JG NOS. P-(3-105 AND P-C-106 I STORM SEWER NOS. P-ST.S-120, P-ST.S-121 AND P-ST.S-122 . BIDS CLOSE AUGUST 15, 1969 SEALED BIDS will be received and opened in the Council Chambers in the Edina Village Hall, 4801 W. 50th St., at 11:OO a.m., Friday, August 15, 1969, and I the Edina Village Council will meet at 4:OO p.m., on Monday, August 18, 1969, to consider said bids for the construction of Permanent Street Surfacing and Concrete Curb and Gutter, Sanitary Sewers, Watermains and Hydrant Replacements, Graveling and Stabilizing and Storm Sewers. quantities of major items: The following are approximate PERMANENT STREET SURFACING AND CONCRETE CURB AND GUTTER IMPROVEMENT NOS. BA-149, P-BA-156, P-BA-157 AND P-BA-161 3,400 C/Y Conkon Excavation 10,300 S/Y 6" Compacted Class 5 Gravel - 16,100 S/Y 2" Thick Bituminous Surfacing, M.H.D. 2341 9,800 2,800 S/Y Cultured Sod L/F Concrete Curb and Gutter 550 Tons Class 5 Gravel SANITARY SEWER NOS. P-SS-286, P-SS-287 and P-SS-288 2,790 L/F gtr V.C.P. 18 Standard Manholes 42 grr x 6" Wyes 1,160 6" V.C.P. for Services WATERMAIN NOS. WM-243, WM-244, P-WM-248, P-WM-249 AND P-WM-250 AND IFYDRANT RE- PLACEMENTS IN MORNINGSIDE SECTION OF EDINA 6,400 L/F 6" D.I.P., Class 5 37 Standard Hydrants 88 Standard Curb Boxes 2,300 L/F 1" Copper * 9,000 S/Y 8" Thick Class 5 Gravel GRAVELING AND STABILIZING NOS. P-(2-105 AND P-C-106 STORM SEWER NOS. P-ST.S-120, P-ST.S-121 AND P-ST.S-r22 10,100 S/Y 1' Thick, Class 5 Gravel 2,500 L/F 24", 211' , 18", 15" and 12" R.C.P . 11 Standard Manholes 22 Catch Basins Work must be done as described in plans and specifications on file in the office of the Village Clerk. $25.00 (by check). specifications with a bona fide bid. and accompanied by cash deposit, bid bond or certified check payable to the Village Clerk in the amount of at least ten (10) percent of amount of base bid. The Council reserves the right to reject any or all bids. BY ORDER OF THE EDINA VILLAGE COUNCIL. Plans and specifications are available for a deposit of No bids will be considered unless sealed Said deposit to be returned upon return of the plans and Florence B. Hallberg Village Clerk (Official Publication) VILLAGE OF EDINA HENNEPIN COUNTY, MINNESOTA ADVERTISEMENT FOR BIDS PERMANENT STREET SURFACING AND CONCRETE CURB AND GUTTER IMPROVEMENT NO. P-BA-162 BIDS CLOSE AUGUST 15, 1969 SEALED BIDS will be received and opened in the Council Chambers in the Edina Village.Hal1, 4801 V. 50th St., at-11:00 a.m., Friday, August 15, 1969, and the Edina Village Council will meet at 4:OO p.m., on Monday, August 18, 1969, to . consider said bids for the construction of Permanent Street Surfacing and Con- crete Curb and Gutter. The following are approximate quantities of major items: .- 7/21 /69 PERMANENT STREET SURFACING AND CONCRETE CURB AND GUTTER IME'ROVmNT NO. P-BA-162 500 S/Y 2" Bituminous Surfacing, M.H.D. 2341 A s3 400 200 S/Y Cultured Sod L/F Mountable Concrete Curb & Gutter Work must be done as described in pl.ans and specifications on file in the office of the Village Clerk. deposit of $25.00 (by check). plans and specifications with a bona fide bid. less sealed and accompanied by cash deposit, bid bond or certified check payable to the Village Clerk in the amount of at least ten (10) percent of amount of base bid. The Council reserves tlie right to reject any or all bids. BY ORDER OF THE EDINA VILLAGE COUNCIL. Plans and specifications are available for a Said deposit to be returned upon return of the No bids will be considered un- Florence B. Hallberg * Village Clerk Motion for adoption of the resolution was seconded by Councilman Shaw and on rollcall there were four ayes and no nays Mayor BIDS AUTHORIZED FOR ICE AND RECREATION FACILITY. Mr. Dunn that bids be taken for the ice and recreation facility, Councilman VanValkenburg offered the following resolution and moved its adoption: Upon the recommendation of RESOLUTION APPROVING PLANS AND PROPOSED IMPROVEMENTS AND CONSTRUCTION OF ICE AND RECREATION FACILITY ANDIDIRECTING SPECIFICATIONS FOR ADVERTISEMENT FOR BIDS BE IT RESOLVED BY THE VILLAGE COUNCIL, VILLAGE OF EDINA, MINNESOTA: 1. The plans and specifications for the proposed improvement set forth in the following Advertisement for Bids forms, heretofore prepared by the Village Engineer 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 notices for bids for improvements: (Official Publication) ADVERTISEMENT FOR BIDS " VILLAGE OF EDINA HENNEPIN COUNTY,, MINNESOTA ADVERTISEMENT FOR BIDS BIDS CLOSE AUGUST 15, 1969 CONSTRUCTION OF ICE AND RECREATION SHELTER SEALED BIDS will be received and opened in the Council Chamber in the Edina Village Hall, 4801 West 50th Street, at 11:OO a.m., Friday, August 15, 1969, and the Edina Village Council will meet at 4:OO p.m., Monday, August 18, 1969, to consider said bids for the construction of an ice and recreation shelter. Separate bids will be taken on (a)-roof structure and side walls, (b) mechanical, (c) electrical. Work must be done as described in plans and specifications on file in the office of the Village Clerk. $25.00 (by check). Plans and specifications may be picked up at Parker Klein Architects, 430 Oak Grove, Minneapolis, Minnesota returned upon return of the plans and specifications with a bona fide bid. No bids will be considered unless sealed and accompanied by cash deposit, bid bond or certified check payable to the Village Clerk in the amount of at least ten (10) percent of amount of base bid. The Council reserves the right to reject any or all bids. BY ORDER OF THE EDINA VILLAGE COUNCIL. Plans and specifications are available for a deposit of 55403. Said deposit to be Florence B. Hallberg Village Clerk (Official Publication) VILLAGE OF EDINA HENNEPIN COUNTY, MINNESOTA ADVERTISEMENT FOR BIDS GRADING AND EARTHWORK BIDS CLOSE AUGUST 15, 1969 7/21/69 SEALED BIDS will be received and opened in the Council Chambers in the Edina Village Hall, 4801West 50th Street, at 11:OO a.m., Friday, August; 15,-1969, and the Edina Village Council will meet at 4:OO pa., Monday, August 18, 1969, to consider said bids “fck ‘earthwork and grading site for new ice and recreation she1 ter. Work must be done as described in plans and specifications on file in the office of the Village Clerk, Plans and specifications are available for a deposit of $25.00 (by check). Plans and specifications may be picked up at Brauer & Associates, 6420 Flying Cloud Drive, Eden Prairie, Minnesota 55343. Said deposit to be returned upon return of the plans and specifications with a bona fide bid. cash deposit, bid bond or certified check payable to the Village Clerk in the amount of at least ten (10) percent of amount of base bid. reserves the right to reject any or all bids. No bid will be considered unless sealed and accompanied by The Council BY ORDER OF THE EDINA VILLAGE COUNCIL. Florence B. Hallberg Village Clerk (Official Publication) VILLAGE OF EDINA HENNEPIN COUNTY, MINNESOTA REFRIGERATION SYSTEM FOR ICE SKATING RINK INCLUDING CEMENT RINK FLOOR AND PIPING BIDS CLOSE AUGUST 15, 1969 ADVERTISEMENT FOR BIDS SEALED BIDS will be received and,open&d in the Council Chambers in the Edina Village Hall, 4801West 50th Street, at 11:OO a.m., Friday, August 15, 1969, and the Edina Village Council will meet at 4:OO p.m,, Monday, August 18, 1969, to consider said bids for the furnishing and installing a complete refrigeracion system for an ice skating rink including a cement rink floor with piping. Work must be done as described in plans and specifications on file in the office of the Village Clerk. deposit of $25.00 (by check). Plans and specifications may be picked up at the Edina Village Hall Park and Recreation Office, 4801 Vest 50th Street, Edina, Minnesota. Said deposit to be returned upon return of the plans and specifications with a bona fide bid. and accompanied by cash deposit, bid bond or certified check payable to the Village Clerk in the amount of at least ten (10) percent of amount of base bid. BY ORDER OF THE EDINA VILLAGE COUNCXL. Plans and specifications are available for a No bids will be considered unless sealed . The Council reserves the right to reject any or all bids. Florence 3. Hallberg‘ Village Clerk Motion for adoption of the resolution was seconded by Co rollcall there were four ayes and no nays and the res ut$ 1 n was adopted. ilman Shaw and on *.- L 610 Mayor &v+ HADSCHILD PROPERTY CONDEMNATION APPROVED. condemnation of the Hauschild property. the following resolution and moved its adoption: RESOLUTION WHEREAS, the Village Council of the Village of Edina on Junk 16, 1969, author- ized the acquisition of certain lands for public street and utility purposes‘, such acquisition to be by use of the p-ower of eminent domain if necessary; and WHEREAS, it is necessary, advisable and in the public interest that the Village of Edina acquire such lands for public street and utility purposes; and IJHEREAS, in order to accomplish such purposes, it is necessary for the Village of Edina to acquire the fee of a certain private property designated and described on Exhibit A attached hereto and hereby made a part hereof; and WHEREAS, in order to accomplish such purposes it may be necessary for the Vil- lage of Edina to acquire-the fee of a certain private property designated and described on Exhibit A attached hereto and hereby made a part hereof; and WHEREAS, in order to accomplish such purposes it may be necessary for the Vil- lage of Edina to obtain certain temporary slopes and/or construction easements in connection with the development and construction of any improvements on the property described in said Exhibit A; and WHEREAS, the efforts of the Village of Edina to date to acquire the fee of the property described on said Exhibit A have been unsuccessful; and Mr. Hyde requested a resolution approving Councilman VanValkenburg then offered 7/21/69 145 WHEREAS, pursuant to the prior authorization of this CouncilDthe attorneys for the Village of Edina have commenced eminent domain proceedings for the acquisition of the fee of the property described on said Exhibit A and it is desirable to confirm the prior authorization of this Council and to confirm the action of the Village attorneys in comm&ncing said eminent domain proceedings. NOW, THEREFORE, BE IT RESOLVED' that the Village Council of the Village of Edina does hereby ratify and confirm the commencement of eminent domain proceedings to acquire the fee of the property described on said Exhibit A for the purposes hereinbefore set forth pursuant to said authorization of June 16, 1969; that the actions of the Village attorneys in connection with said eminent domain proceed- ings are in all respects ratified and confirmed and that the Village attorneys are authorized to acquire by the use of the power of eminent domain if necessary any temporary slope and/or construction if easements that may be needed in connection with the development and construction of any improvements on the property described on said Exhibit A. BE IT FURTHER RESOLVED that the Village attorneys be instructed and directed to prosecute the eminent domain proceedings they have commenced to a successful conclusion or until they are abandoned, dismissed or terminated by the Village or by the Court; that the Village attorneys, the Mayor and the Village Clerk do all things necessary to be done in the prosecution or termination of the eminent domain proceedings. Exhibit A being as follows: That part of Lot 49, Auditor's Subdivision No. 172, Hqnnepin County, Minnesota described as beginning at Southeast corner of said Lot 49; thence North along East line of said lot, a distance of 26.84 feet; thence Westerly deflecting to the left 89O 57', a distance of 69.84 feet; thence Northwesterly 53.42 feet along a tangential curve to the right, having a radius of 70 feet; thence Northwesterly in a straight line, tangent to last described curve, a distance of 44.37 feet to the West line of East 1/2 of said Lot 49; thence South along said West line 76.4 feet to South line of said Lot 49; thence East to point of beginning. Motion for adoption of resolution was seconded by Councilman Shaw and on roll- call there were four ayes and no nays and resolut Deputy Village Clerk WILLIAM J. OLSEN PROPERTY CONDEMNATION APPROVED. approving condemnation of William J. Olsen property. offered the following resolution and moved its adoption: WHEREAS, the Village Council of the Village of Edina by resolutions adopted February 24, 1969, and April 25, 1969 authorized the acquisition of certain lands known as Mud Lake for park and recreation purposes, such acquisition to - be by use of the power of eminent domain if necessary; and WHEREAS, it is necessary, advisable and in the public interest that the Village of Edina acquire such lands for park and recreation purposes; and WHEREAS, in order to accomplish such purposes it is necessary for the Village of Edina to acquire the fee of a certain portion of said land known as Mud Lake, which portion is designated and described on Exhibit A attached hereto and hereby made a part hereof; and WHEREAS, the efforts of the Village of Edina to date to acquire the fee of the property described on said Exhibit A have been unsuccessful; and WHEREAS, pursuant to the prior resolutions and authority of this Council the attorneys for the Village of Edina have commenced eminent domain proceedings for the acquisition of the fee of the property described on said Exhibit A and it is desirable to reconfirm the prior resolutions and authorization of this Council and to confirm the action of the Village attorneys in commencing said eminent domain proceedings. NOW, THEREFORE, BE"1T RESOLVED that the Village Council of the Village of Edina does hereby ratify and confirm the commencement of eminent domain proceedings to acquire the fee of the property described on said Exhibit A for the purposes hereinbefore set forth pursuant to said resolutions of February 24, 1969, and April 25, 1969, and that the actions of the.Village attorneys in connection with said eminent domain proceedings are in all respects ratified and confirmed. Mr. Hyde requested resolution Councilman VanValkenburg RESOLUTION 7/21/69 0 BE IT FURTHER RESOLVED that the Village attorneys 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 attorneys, the Mayor and the Village Clerk do all things necessary to be done in the prosecution or termination of such action. Said Exhibit A being as follows: That part of Government Lot 1, Section 5, Township 116, Range 21, lying Westerly of the following described line: Commencing at the Southwest corner of said Government Lot 1; thence East along the South line of said Lot 1, 71-1/2 rods to the point of beginning of the line to be described; thence due North to the North line of said Government Lot 1, and there terminating, all according to the United States Government Survey thereof, Hennepin County, Minnesota; excepting, however, that part thereof taken for County Highway No. 62 and that part thereof lying South of said County Highway No. 62. Motion for adoption of resolution was second call there were four ayes and no nays and re DUNHAM AVENUE STREET VACATION DISCUSSED. problems have arisen in regard to a walkway. Council that t e necessary walkway 'easements are being obtained with the idea of ~3catgng.t: ' u~u~da@$e&desen e questioned who was to maintain the sidewalk and Mr. Hoisington said the Village would take care of it. No further action was taken. Mr. Hoisington reported that some Mr. Hoisington informed the A hearing will be held. REPORT ON CLAIM - THOMAS BROWN. Village for an accident which happened when one of the park trucks was picking up rubbish in a park and a young boy about 12 years old was hit by the truck resulting in a broken leg from running into the truck, The Village is being sued for $75,000. insurance company and the attorneys. No further action was taken. Mr, Hyde reported that a claim against the B Mr. Hyde reported that this claim has been referred to the EDINA LIBRARY BUILDING DISCUSSED. Mr. Hyde reported receiving a letter from the Coordinator of Business Affsirs of the Hennepin County Library saying "with the budget time upon us, it is imperative from the standpoint of both the County and the Village that a determination of the continued rental agreement or purchase agreement be made." with more facts and figures available. No further action was taken. A discussion will be held in August HORATORIUM ON REZONING FOR APARTMENT EXTENDED. Mr. Hyde reported that the engineering survey will not be ready until August 15, 1969. give the Village a report on current water use for types of buildings and then has to be translated into sewer capacity and ways to get possible zoning and the August 1st deadline will not be met. extension until October 1st be granted. Councilman VanValkenburg moved that the extension be granted until October 1st and Councilman Courtney seconded the motion. Motion carried. This::survey will Mr. Hyde suggested a possible WEST 69% STREET VACATION ABANDONED. Mr. Dunn reported that this was considered April 21st and held over for 90 days pending some further action. has been taken for vacation and the owners are considering privately improving the street. Councilman Courtney moved that this vacation be abandoned until . it is brought up again. HUMAN RIGHTS COMMISSION REQUEST REFERRED TO BUDGET COMMITTEE. suggested that this request for operating funds in the amount of $3,500 for the period from September 1, 1969, to December 31, 1969, and $15,000 €or the period from January 1, 1970 to December 31, 1970 be referred to the Budget Committee and secondly a determination should be made by investigations with the citizens of the community whether or not this type of budgeting and ex- penditure ' are acceptable to the community. Councilman VanValkenburg moved No action Councilman Shaw seconded and Motion Carried. Mayor Bredesen 7/21/69 that the request from the Human Rights Commission be feferred to the Budget Committee and that an investigation be made in order to determine the legality of allotting these kinds of funds for this Commission.. Councilman Courtney seconded the motion. Motkdn-Carried. MUD LAKE PURCHASE OPTION AMENDMENT APPROVED. Mr. Hyde reported that Mr. Dean Akins has entered into an agreement with the Village to purchase some land and previously Mr. Akins had gotten a permit from the state to move the channel of Nine Mile Creek in accordance with the Village's general thoughts and state approval. Mr. Akins is now selling some of the land and would like approval to take some of the dirt from the creek moving and put it on the land he is selling-and give his purchaser the right to do this. Mr. Hyde stated that there is no objection to this. Councilman VanValkenburg moved that the removal of the dirt from the creek moving of Nine Mile Creek be allowed on the property that Mr. Dean Akins is selling. Councilman Shaw seconded the motion. Motion Carried. MALIBU DRIVE IMPROVEMENTS TO BE INSTALLED. Mr. Dunn noted for the record that . Developer's Agreements had-been signed and private contracts let by the developer for improvements in Malibu Drive in Malibu Heights which will be known as follows: Grading, ,Graveling and Stabilizing No. P-C-103, Sanitary Sewer No. P-SS-284 and Watermain Improvement No. P-WM-246. Shaw's motion accepting Mr. Dunn's report was seconded by Councilman Van- Valkenburg and Motion Carried. Councilman rr(53? ADJUSTMENT TO SS-188 AND WM-163, VALLEY ESTATES FIRST ADDITION CONTINUED. Councilman Johnson entered the Council Meeting at this point. Mr. Dalen reported that Valley Estates First Addition.has requested an adjustment in the assessment of SS-188 and WM-163 due to replatting of the Addition. They were originally assessed for six connections and with the replatting they plan to install their own sewer and water lines, therefore, have requested an adjustment to only one connection. The staff would recommend adjustment to four connections. After considerable discussion as to legality of this adjustment and the possible need for a reassessment due to this, Councilman Shaw moved that the matter be referred to the Village attorney for study and to report at the next Council meeting. motion. Motion Carried. Councilman Courtney seconded the. NEW SCOREBOARD FOR BRAEMAR AND LIGHTING FOR PAMELA PARK BIDS AUTHORIZED. Mr. Hyde reported that a request from the Park Board to authorize bids for a new scoreboard for Braemar Ice Arena so scores can be seen from both ends and lighting for football field at Pamela Park be approved. is in the 1969 capital improvements budget. These bids do not require ad- vertisement. Mayor Bredesen asked what the expenditure would be and Mr. Hyde stated it would be about $3,500. to accept bids for scoreboard for Braemar Ice Arena and lighting for Pamela Park. Councilman VanValkenburg seconded the motion. Motion Carried. The lighting expense Councilman Courtney moved authorization ORDINANCE 181B, SECTION 4, PEDDLERS AND SOLICITORS AMENDMENT ADOPTED. Mr. Hyde requested that an amendment for Section 4, Registration, adding another section which would allow two weeks to check information given on applications before issuing the license. Mr. Hyde reported that after checking into the police record of a solicitor who applied for a license in the Village, he had five offenses. This report was received from the Federal Bureau of Investigation and Detective Wrobleski informed Mr. Hyde two weeks is the amount of time it takes to process this report. After considerable discussion, Councilman Courtney moved the adoption of an amendment to Ordinance No. 181A, Section 4, for First Reading with Second Reading waived as follows: ORDINANCE NO. 181B-1 AN ORDINANCE AMENDING ORDINANCE NO. 181B AS TO REGISTRATION AND REGULATION OF PEDDLERS, SOLICITORS AND CERTAIN VENDORS THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS: Section 1. Section 4 of Ordinance No. 181B of the Village is hereby amended by adding theretb a new subparagraph (h) reading as follows: "(h) A complete set of fingerprints which will be taken by the Edina Police Department .I1 Section 2. Sections 6, 7, 8 and 9 of said ordinance are hereby re- numbered as Sections 7, 8, 9 and PO, respectively. Section 3. thereto a new Section 6 reading as follows: "Section 6. Waiting Period. the information required by Section 4, any person required to submit information as therein set forth shall not engage in peddling or soliciting, or in making Said ordinance is hereby further amended by adding In order to permit the verification of 7/21/69 calls as described in Subdivision 4 of Section 1, until 14 days have elapsed after submitting the information." Section 4. Subparagraph (b) of Section 6 (renumbered Section 7) of said ordinance is hereby amended to read 3s follows: "(b) Whenever a person is required to submit information by Section 4 hereof, engaging in peddJing or soliciting, or in making calls as described in Subdivision 4 of Section 1, without submitting such information, or without payment of the registration fee required by Section 5, or before expiration of the waiting period prescribed by Section 6 hereof;" Section 5. This ordinance shall be in full force and effect immediately upon its passage and publication. Motion for adoption of the amendment to Ordinanc $1 A was seconded by Councilman Shaw and Motion Carried. I 'IN0 SOLICITORS OR PEDDLERS" PLACARDS TO BE SECURED.Mr. Hyde suggested that signs be obtained for persons in the Village who desire to prohibit Solicitors and Peddlers from calling upon them. signs can be purchased at the Village Hall for a nominal fee. expressed a general agreement with this plan and Mr. Hyde will take care of the necessary arrangements. The residents.wil1 be informed the The Council No fhrther action was taken. POLES FOR PAMELA PARK, BID AWARDED. Mr. Dalen reported that three bids had been received for the purchase of poles for Pamela Park. -He recommended awarding the bid to Wheeler Lumber, Bridge & Supply Company, $135.00 for each pole needed. Lumber, Bridge & Supply Company and Councilman Courtney seconded motion. Motion Carried. Councilman Shaw moved award of bid to lowest bidder, Wheeler TREASURER'S REPORT as of April 30, May 31, and June 30, 1969, was submitted by Mr. Dalen, reviewed and ordered placed on file by motion of Councilman Johnson, seconded by Councilman VanValkenburg and carried. CLAIMS-PAID. Motion of Councilman Courtney, seconded by Councilman Shaw, for payment of the following claims as per Pre-List dated July 21, 1969: General Fund, $88,882.39; Construction Fund, $280,497.11; Park, etc. Funds, $24,786.28; Water Fund, $3,305.07; Liquor Fund, $0,478.15; Sewer Rental Fund, $869.99 ; Improvement Fund, $13,341.67 ; To t a1 , $452,160.66. The agenda having been covered, Councilman VanValkenburg's motion for adjourment was seconded by Councilman Courtney and carried. at 5:OO p.m. Adjournment . 1 Deputy Village Clerk