HomeMy WebLinkAbout19691117_regularMINUTES OF THE REGULAR MEETING OF THE
BDNDAY, NOVEMBER 17, 1969
EDINA VILLAGE COUNCIL HELD AT VILLAGE HALL ON
Members answering rollcall were Councilman Courtney, Johnson, VanValkenburg
and Mayor Bredesen.
I'
IMPROVEMENT BONDS SOLD.
in the Commercial West and in the official newspaper of a notice of sale of
The Village Clerk presented affidavits of publication
$2,500,000 Improvement Bonds and $2,500,000 Advance Funding Highway Bonds of
the Village, for which bids were to be receiv'ed at this meeting in accordance
with a resolution adopted by the Village Council on Octbber 20, 1969, which were
approved and ordered placed on file.
The Village Manager announced that bids had been received which were thereupon
opened, read and tabulated as follows:
Improvement Bonds
Name of Bidder Maturity Dates Interest Rate' Av.Int.Rate. Premium '
The First Nat'l Bank of ) 1970-72 incl. 5.30 5.69636 None I
St. Paul ) 1973-74 incl. 5.40
Carleton D. Beh Company ) 1975-76 incl. 5.50
LaSalle National Bank ) 1977-79 incl. 5.70
Allison-Williams Company )
Dain,Kalman & Quail, Inc.
Northwestern National Bank ) for the p*eriod April 16, 1970 Co December 1, 1970.
Pipe,Jaffray & Hopwood,Inc.)
First National Bank of Edina)
First Southdale National )
>
) Plus supplemental coupons at the rate of 1.20% annum
Bank of Edina
The Northern Trust Company ) 1970-73 Incl. 5 .'50 5.8275 None
The Illinois Company,Incr ) 1974-75 incl, 5.60
orpora ted ) 1976-77 incl. 5-70
G.H, Walker & Company ) 1978-79 incl. 5-75
Prescott,Merrill, Turben )
Stife1,Nicolaus &Company, ) for the period January 1, 1970 t? December 1, 1970 I & Company ) Plus supplemental coupons at the rate of 1% per annum
Incorporated 1
Sahner and Company 1
Inc . 1
Becker & Cownie, Inc. 1
---In Association with--- 1
orpora ted 1
Paul 1
R.W, Pressprich & Co. 1
orated 1
Goodbody & Company 1
Walston & Co. Inc. 1
Inc . )
VanKampen,Wauterlek & Brown)
Halsey, Stuart & Co.,Inc. )
Kidder, Peabody & Co. , Inc-)
American National Bank, St.)
A.G. Becker & Co., Incorp-)
The White-Phillips Company,)
Mullaney,T.lells & Company )
Continental Illinois Nation-)1970-73 incl.
a1 Bank & Trust Company of)1974-75 incl.
Chicago ) 1976
Ebin,Robertson & Company, ) 1977-78 incl.
Inc . ) 1979
White, Weld & Company 1
Reynolds & Company 1
McDonald & Company 1
E. F. Hutton & Company 1
Miller and Schroeder,Inc. )
First National City Bank ) 1970-72 incl.
Weeden & Co., Incorporated ) 1973
W.H. Morton & Co. (Div. of ) 1974
American Express) ) 1975-76 incl.
) 1977
) 1978-79 incl.
6.50
5.60
5-70
5.75
5.80
5.85799 $150 .OO
7.00
5.90
5.60
5.70
5.75
5.80
5.8841 $675.00
John Nuveen & Co., Inc. ) 1970-72 incl. 7
The First National Bank of) 1973 6
Chicago ) 1974-75 5.60
Harris Trust & Savings Bank)1976- 5.70
Dean \Jitter & Co., Inc. ) 1977-78 incl. 5.80
Hartford Nat'l Bank & ) 1979 5.90
Paine,Webber,Jackson & )
Shearson,Hammill & Co., )
Stern Brothers & Company )
Barcus Kindred & Company, )
Trust Co . )
# Curtis . 1
Inc . 1
fnc . 1
Ball Burge & Kraus 1 Kenowe $lacArthur & Co. )
Channer Newman Securities )
Company 1 McDougal & Condon, Inc. )
Robert C. Peterson, Inc, )
E.J. Prescott & Company )
\
'I
5.9089 $275.00
Advance Funding Highway Bonds
Name of Bidder Maturity Dates Interest Rate Av.Iht.Rate Premium
The First National Bank of) 1974 5.40 5.66875 None
St. Paul ) 1975 5.50
Carleton D. Beh Company ) 1976 5.50
LaSalle National Bank ) -1977 5.70
All i son-17i 1 liams Company
Dain,Kalman & Quai1,Inc.
Northwestern Nat'l Bank ) for the period May 16, 1970 to January 1, 1971
Piper,Jaffray & Hopwood, )
First National Bank of Edina)
First Southdale National )
)
) Plus supplemental coupons at the rate of 1.20% per annum
'~ Inc. 1
Bank of Edina 1
The Northern Trust Company) 1974-75 incl. 5.60 5.8083 None
The Illinois Co, Incorp- ) 1976-77 incl. 5.70
G. H. Walker & Co.
Prescott,Merrill,Turben & ) for the period January 1, 1970 to January 1, 1971
Stife1,Nicolaus & Company )
orated 1
. Co. Inc. 1
Inca rp or a t ed 1
Sahner and Company 1
Inc. )
Becker & Cownie, Inc. )
) Plus supplemental coupons at the rate of 0.90% per annum
VanKampen,Wauterlek&Brown )
---In Association With--- )
Halsey,Stuart & Co. Inc. )
Kidder, Peabody & Co.In- )
American National Bank,St.)
R. W. Pressprich & Co. )
A. G. Becker & Co.Incorp- )
corporated 1
Paul 1
orated 1
Goodbody & Co. 1
Walston & Co. Inc. )
Inc . 1
The White-Phillips Co., )
Mullaney, Wells & Company )
First National City Bank ) 1974 6 5/8
Weeden & Co.,Incorporated ) 1975-76 incl. 5.70
W.H. Morton & Co. (Div. of) 1977 5.75
American Express) 1
5.8878 $187.50
11/17/69
%62
John Nuveen & Co. , Inc, ) 1974 6,80
First National Bank of ) 1975 5.60
Chicago ) 1976 5.70
Harris Trust & Savings Bank ) 1977 5,75
Dean Whitter & Co., Inc, )
Hartford National Bank & )
Trust Company 1
Paine, Webber, Jackson & )
Curtis 1
Shearson, Hammill & Co,,Inc,)
Stern Bros, & Company 1
Barcus Kindred & Go., Inc. )
Ball, Burge & Kraus 1 Kenower, McArthur & Company )
Channer Newman Securities )
co . 1
McDougal & Condon, Inc. 1
Robert C. Peterson, Inc. )
E. J, Prescott & Company )
5.8923 $1,000.75
After consideration of the foregoing bids, Councilman VanValkenburg introduced
the following resolution and moved its adoption:
RESOLUTION AWARDING SALE OF
,$2,500,000 IMPROVEMENT BONDS
BE IT RESOLVED by the Village Council of the Village of Edina, Minnesota, that
the bid of the First National Bank of St. Paul of St. Paul, Minnesota, and
associates, to purchase $2,500,000 Improvement Bonds of the Village to be dated
as of December 1, 1969, in accordance with the notice of sale heretofore duly
published by the Village, is hereby found and declared to be the best bid
received for the purchase of said bonds, and should be and is hereby accepted,
said bid being to purchase said bonds at a price of par and accrued interest
plus a premium of $ None, the bonds to bear interest at the following respective
rates per annum, from date of issue until paid:
**
Maturity Years
1970-72 inclusive ,
1973-74 inclusive .
1975-76 inclusive
1977-79 inclusive
Interest Rates
5.30
5.40.
5.50
5.70
I
and bonds maturing in the years 1970 through 1979 to bear additional interest
at the rate of 1.20% per annum, from April 16, 1970, to December 1, 1970, to
be represented by a separate set of "Btr coupons. The Mayor and Village 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 the adoption of the resolution was seconded by Councilman Johnson and
on rollcall there were four ayes and no nays and esolution was adopted.
ATTEST :
Village Clerk
After consideration of the foregoing bids , Councilman Johnson then introduced the
following resolution and moved its adoption: I RESOLUTION AWARDING SALE OF
$2,500,000 ADVANCE FUNDING
HIGHWAY BONDS
BE IT RESOLVED by the Village Council of the Village of Edina, Minnesota, that
the bid of First National Bank of St. Paul, of St. Paul, Minnesota, and associates,
to purchase $2,500,000 Advance Funding Highway Bonds of the Village to be dated
as of January 1, 1970, in accordance with the notice of sale heretofore duly
published by the Village, is hereby found and declared to be the best bid re-
ceived for the purchase of said bonds, and should be and is hereby accepted, said
bid being to purchase said bonds at a price of par and accrued interest plus a
premium of '$ None, the bonds to bear interest at the following respective rates
per annum, from date of issue until paid:
1
11/17/69 263
Maturity Years
1974
Interest Rates
5.40
c
1975 5.50
1976 5.50
1977 ' 5.70
and bonds maturing in the years 1974 through 1977 to bear additional interest
at the rate of 1.20% per annum, from May 16, 1970 to January 1, 1971, to be
represented by a separate set of "Brt coupons.
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 bods, and to
return all other good faith checks forthwith.
Motion for adoption of the resolution was seconded by Councilman VanValkenburg
and on rollcall there were four ayes and
The Mayor and Village Clerk
ATTEST :
69
Village Clerk
Councilman VanValkenburg then offered the following resolution and moved its
adoption:
RESOLUTION AUTHORIZING THE ISSUANCE OF $2,500,000
GENERAL OBLIGATION IMPROVEMENT BONDS, PRESCRIBING
THEIR TERMS AND FORM, AND PROVIDING FOR THEIR PAYMENT
BE IT RESOLVED by the Village Council of the Village of Edina, Minnesota, as
follows:
1. This Council, by it5 resolution dated October 20, 1969, authorized
the sale of $2,500,000 Improvement Bonds of the Village to finance the con-
struction of the improvement designated below, the actual or estimated cost
of the improvements being set forth opposite their designations:
Imp rovemen t
Designation
Street Improvements Nos. A-167
A-168
A-169
c-94
c-95
c-97
C-98
BA-110
BA- 114)
BA- 134)
c-99 )
BA- 131)
BA-139)
BA- 140)
BA- 147)
BA- 150)
BA-135
BA-136
BA-138
BA- 141)
BA-142)
BA- 143)
BA- 144)
BA- 146
BA-151
E- 25
Bridge No. BR-3
Parking Ramp No. P-1
Lighting No. L-5
Lighting No. L-6
Lighting No. L-7
Sanitary Sewer No. 267
275
277
278
279
Actual or Estimated
Total Cost
$ 8,008.52. (A)
9,895.96 (A)
10,603.56 (A)
56,026.57 (A)
32,170.67
19,232.80
11,551.28 (A)
19,250.00
305,623.46
161,119.94
14,974.15
40,597.10
3,173.76
98,796.10
32,608.10
166,462.90
8,799.76
11,053.20
496,265.55
83,415.60
56,028.00
26,180.00
9,821.95
2,538.66 (A)
9,266.08 (A)
20,137.83 (A)
14 , 622.26 (A)
Imp rovemen t
11-17-69
Designation
Sanitary Sewer No. 280
281
2 82
Storm Sewer Improvements No. 111
114
115
116
117
118
119
Vatermain Improvements No. 226
227
229
232
234
235
236
237
238
239
240
241
243
244
Actual or Estimated
Total Cost
73,694.92
6,941.67 (A) .
6,150.32 (A)
353,904.63 (A)
155,835.13 I'
21 , 353.86
5 , 779.12
122,808.04
64,488.81
30,707.20
7,281.32 (A)
6,293.00 (A)
8,438.84 (A)
23,561.11 (A)
2 , 533.44
904.80 (A)
13,465.74 (A)
7,164.74 (A)
77,660.84
5,669.50 (A)
6,388.70 (A)
11,787.34 (A)
19,673.60
39,232.36
To tal $23 7 9 9,942.7 3
2. Said bonds having been sold at public sale, shall be delivered
to the purchaser thereof forthwith. The bonds shall be designated as Improve-
ment Bonds, shall be in the total principal amount of $2,500,000, shall be
dated as of December 1, 1969, shall be 450 in number and numbered from 1
through 450, 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, with-
out option of prior payment, and shall bear interest from date of issue until
@aid at the annual rates set forth opposite such years and amounts, res-
pectively:
Year Amount Rate
- 1970 $250,000 5.30
1971 250,000 5.30
1972 250,000 5.30
1973 250,000 5.40
1974 250,000 5.40
Rate Year Amount
1975 $250,000 5.50 -
1976 250,000 5.50
1977 250,000 5.70
1978 250,000 5.70
1979 250,000 5.70
Bonds maturing in the years 1970 through 1979 shall bear additional interest,
represented by separate and detachable IrBTr coupons appurtenant to each bond,
from April 16, 1970, to December 1, 1970-, at the rate of 1.20% per annum.
Interest on the bonds shall be payable June 1, 1970, and semiannually there-
after on each December 1 and June 1. Both principal and interest shall be
payable at First National Bank of St. Paul, in St. Paul, Minnesota.
Village hereby agrees to pay reasonable and customary charges of said paying
agent for the receipt and disbursement of such principal and interest moneys.
certificate on the reverse side thereof, shall be printed in substantially
the following form:
The
3. The Bonds and coupons appurtenant thereto, and the legal opinion
UNITED STATES OF AMERICA
STATE OF MINNESOTA
COUNTY OF HENNEPIN
VILLAGE OF EDINA
IMPROVEMENT BOND
NO. $5,000
Minnesota, acknowledges itself to be indebted and for value received hereby
promises to pay to bearer the sum of FIVE THOUSAND DOLLARS.on the 1st day of
December, 19
on said principal sum from the date hereof until said principal sum is
paid at the rate of per cent ( -%) per annum, and pro-
mises to pay
KNOW ALL MEN BY THESE PRESENTS that the Village of Edina, Hennepin County,
, without option of prior payment, and promises to pay interest
additional interest on said principal sum from
19 , to 3 19 , at the rate of per cent ( %) per annum.
11/17/69
cv m m cr3 G.3 a
Interest to maturity is represented by and payable in accordance with and
upon presentation and surrender of the interest coupons appurtenant 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 "B1' cou-
pons, representing interest at the additional rate and for the limited
period stated above, Interest is payable on June 1, 1970, and semiannually
thereafter on each December 1 and June 1. Both principal and interest
are payable at , in J ¶
in any coin or currency of the United States of America which on the res-
pective 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 full faith, credit and taxing powers of the Village
have been and are hereby irrevocably pledged.
This bond is one of an issue in the total principal amount of $1,500,000,
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.
tion 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.
IT IS HEREBY CERTIFIED, RECITED, CONVENANTED AND AGREED that all acts,
conditions and things required by the Constitution and laws of the State
of Minnesota to be done, to exist, to happen and to be performed preliminary
to and in the issuance'of this bond in order to make it a valid and binding
general obligation of said Village according to its terms, have been done,
do exist, have happened and have been performed as so required; that prior
to the issuance hereof the Village has covenanted and agreed to levy special
assessments upon property benefited by local improvements, which are esti-
mated to be collectible in the years and in aggregate amounts not less than
5% in excess of sums sufficient to pay the interest on and principal of
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 prin-
cipal 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 indebtedness.
IN WITNESS WHEREOF the Village of Edina, Hennepin County, Minnesota,by its
Village Council, has caused this bond to be executed in its behalf by the
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 coupons 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 caused this bond to be dated as of
December 1, 1969.
This bond is payable primarily from the Improvement Bond Redemp-
(Facsimile signature)
Mayor
Attest:
Village Manager
(SEAL) .I (Form of Coupon)
No. $
On the first day of June (December), 19 . the Village of Edina, Hennepin
County, Minnesota, will pay to bearer at , in ¶ , the amount
shown hereon in lawful money of the United States of America, for interest
then due on its Improvement Bond, dated December 1, 1969.
(Facsimile signature) (Facsimile signature)
Village Manager Mayor
(Form of certificate to be printed on the reverse side of each bond,
following a full copy of the legal opinion on the issue)
286 J 11/17/69
FJe 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.
(Facsimile signature) (Facsimile signature)
Village Manager Mayor
4. The bonds shall be prepared under the direction of the Village Clerk
and shall be executed 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 re-
lating thereto.
appurtenant thereto shall be executed and authenticated by the facsimile
signatures of said Mayor and Village Manager.
executed and authenticated, they shall be delivered by the Treasurer to the
purchaser thereof upon payment of the purchase price in accordance with the
contract of sale heretofore made and executed, and said purchaser shall not
be obligated to see to the application of the bond proceeds., The proceeds
shall be deposited in the 1969 Improvement Construction Fund established below.
There is hereby created a separate fund of the Village designated
as "1969 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 account 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 hand, 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
remaining therein may be transferred to the account established for con-
struction of any other improvement instituted pursuant to Chapter 429,
Minnesota Statutes. All special assessments and taxes then on hand in said
account or thereafter received, and any bond proceeds not so transferred,
shall be transferred to the Improvement Bond Redemption Fund of the Village.
The bonds herein authorized to be issued shall'be payable from the
Improvement Bond Redemption Fund of the Village, which fund the Village
agrees to maintain until all bonds payable therefrom have been paid in full.
lf 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?;E!und.
7. The Village hereby covenants and agrees that, for the payment of
the cost of the improvements financed by the issuance 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 $2,799,942.73, 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 for a period of not more than
20 consecutive years, starting with the year 1969, with interest on unpaid
installments thereof from time to time at the rate of 7% per annum.
event that any such assessment shall be at any time held invalid with res-
pect 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 employees of the Village, either in the
making of such assessment or in the performance of any condition precedent
thereto, the Village hereby covenants and agrees that it will forthwith do
all such further things and take all such further proceedings as shall be
required by law to make such assessment a valid and binding lien upon said
property.
pledged to the payment of the bonds and the interest therein.
be 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 cash on hand in
The legal opinion certificate and the interest coupons
When the bonds have been so
5.
There shall also
6.
In the
8. The full faith, credit and taxing powers of the Village are hereby
No tax will
11/17/69 2 6.7
said Fund, will be not less
all principal and interest when due on all bonds payable from said Fund,
including the bonds herein authorized.
The Village Clerk is hereby authorized and directed to file with
the County Auditor of Hennepin County a certif'ied copy of this resolution
and to obtain from said County Auditor a certificate stating that said
bonds have been entered upon his bond register.
The officers of the Village and said County Auditor are hereby
authorized and directed to prepare and furnish to the purchaser of said
bonds and to the attorneys approving the legality of the issuance thereof,
certified copies of all proceedings and records relating to said bonds and
to the financial affairs of the Village, and such other affidavits, cer-
tificates and information as may be required to show the facts relating
to the legality and marketability of said bonds as the same appear from
the books and records under their custody and control or as otherwise
known to them, and all such certified copies, certificates and affidavits
including any heretofore furnished, shall be deemed representations of the
Village as to the facts recited therein.
Motion for adoption of the resolution was seconded by Councilman Johnson
and on rollcall there were four ayes and no nays
than 5% in excess of the amounts needed to pay Ir
9.
10.
2-9
ATTEST:
Village Clerk
YL, d,/YLeBLu?,
PUBLIC HEARING ON STREET IMPROVEMENT P-(2-102 CONTINUED. Mr. Hyde recom-
mended that this Street Improvement No. P-C-102 be continued. Property
owners have had meetings to work out something but nothing specific has
been done,
that the hearing be continued until February 2, 1970. Motion carried.
Councilman Johnson moved and Councilman VanValkenburg seconded
WILLIAM 3. OLSEN PROPERTY HEARING DATE CONTINUED. Affidavits of notice
were presented by Deputy Village Clerk, approved as to form and ordered
placed on file.
1969, in order to get out legal notices and have everyone properly no-
tified. Mayor Bredesen stated that Mr. Hoisington would like to have a
later date preferably January 19, 1970. Councilman VanValkenburg moved
that the hearing date be set for January 19, 1970, Councilman Courtney
seconded. Motion carried.
Mr. Hyde requested a new hearing date of December 1,
REGIONAL MEDICAL AND OFFICE BUILDING DISTRICTS SIGN ORDINANCE AMENDMENT
HEARING CONTINUED. Affidavits of notice were presented by the Deputy
Village Clerk, approved as to form and ordered placed on file. Mr.
Hoisington requested that a hearing date be set for December 1, 1969.
Councilman VanValkenburg moved and Councilman Courtney seconded that the
hearing date be continued to December 1, 1969. Motion carried.
ORDINANCE NO. 261-192 SECOND READING CONTINUED; Mr. Hoisington stated
that the site plan has not been received but that one will be furnished
shortly and that problems can be worked out.
until December 1, 1969. Councilman Courtney moved and Councilman Van-
Valkenburg seconded that the Second Reading be continued.
Mr. Harold Hudson spoke on behalf of Edina Builders and stated they had
been working with the Highway Department and late Friday afternoon it was
resolved and approved by the Highway Department to go ahead with the
building of this restaurant and the easement has been negotiated.
the lateness of this meeting the site plan was unable to be prepared. Mr.
Hudson stated that his clients would like to have the Council act upon
this tonight subject to Mr. Hoisington's approval of the site plan.
also stated that this two week delay would cause a hardship in regard to
getting construction underway. Mr. Hyde stated he would not like to act
upon this subject. After further discussion, Councilman Courtney moved'
that the Second Reading be continued until November 25, 1969, providing
that the site plan has been reviewed by Mr. Hoisington. Councilman Van-
Valkenburg seconded and motion carried.
He recommended continuance
Motion carried.
With
He
REMODELING OF PUBLI 4?:
taken and each was considerably high than t
WORK
11/17/69
BUILDING BIDS RDED. Mr.. Hyde reported that bil
e engineer's estimate. The three
were: Metropolitan Nechanical Contractors Company, Inc., $16,110; Fred Vogt &
$16,583; and Berglund & Johnson, Inc., $17,470. Mr. Hyde stated the estimate
$10,780 and that $9,000 is in reserve for this project. He feel this project
.s were
bids
eo.,
was
is
needed for the working conditions improvement in the Public Works Building and
recommended that the bids be awarded to the lowest bidder and the other $7,000 come
out of reserve.
situation in lowering the bid and Mr. Hyde stated he did not believe the bids would
change. Mr. Dunn reported that the consulting engineers were Olson, Emanuelson &
March and that the estimate on the mechanical portion from them was off and also on
the miscellaneous carpentry work.
decrease in the bids if they held off until spring. Councilman VanValkenburg moved
and Councilman Courtney seconded that the bid be awarded to the lowest bidder.
Motion carried.
Councilman Courtney asked if a rebid on this project would help the
I Mr. Dunn said that he felt there would be no
SCOREBOARD WITH CABLE FOR BRAEMAR ARENA BID AWARDED. Mr. Hyde reported that
three bids were received and that the bids were as follows: Fair-Play Score-
boards, one scoreboard with cable $4,240, two scoreboards with cable $8,375;
Dooley Equipment, one scoreboard with cable $4,436, two scoreboards with cable
$8,569; and Hauenstein & Burmeister, Inc., one scoreboard with cable $6,795
and two scoreboards with cable $13,400. Mr. Hyde recommended purchase of
one scoreboard from lowest bidder and that the new scoreboard go into the
old part of the arena and the old scoreboard go into the new part of the
arena,
bid be awarded to the lowest bidder for purchase of one scoreboard with
cable. Motion carried.
Councilman Johnson moved and Councilman Courtney seconded that the
BIDS AWARDED FOR GASOLINE AND OIL, COOPERATIVE BIDS WITH HENNEPIN COUNTY.
Hyde reported the bid was cooperative with the other suburbs in Hennepin
County.
every municipality in Hennepin County experienced problems with engines
knocking last year while using 92 octane. Mr. Hyde reported five bidders
as follows: Texaco, Inc. 94 octane $.1875, 92 octane $.1860; Gulf Oil Co.
94 octane $.1975, 92 octane S.1860; Sinclair Oil Corporation 94 octane
$.1919, 92 octane $.1895; Mobile Oil Company 94 octane $.1924, 92 octane
No Bid; American Oil Company 94 octane $,19325, 92 octane $.18975.
Hyde recommended award of bid to Texaco, Inc. for 94 octane at $.1875 per
gallon as they give a 1% discount.
man VanValkenburg seconded that the bid be awarded to Texaco, Inc. as
recommended by Mr. Hyde. Mr. Hyde then reported the
following bids for Diesel and Heating Fuel Oil as follows: Mobile Oil Corp.
Diesel Fuel No. 2 $,.1325, Heating Fuel No. 1 $.1400, Heating Fuel No. 2
$,1325; Atlantic Richfield Company successor by merger to Sinclair Oil
Corp, Diesel Fuel No. 2 $.1245, Heating Fuel No. 1 $.1295, Yeating Fuel
No. 2 $.1195; American Oil Company Diesel Fuel No. 2 $.131, Heating Fuel
No. 1 $.139, Heating Fuel No. 2 $.129. Councilman Johnson moved bid he
awarded to the lowest bidder.
motion carried.
Mr,
Bids were asked on 94 octane with 92 octane as an alternate, Almost
Mr.
Councilman Courtney moved and Council-
Motion carried.
Councilman VanValkenburg seconded and
MODIFICATION OF VILLAGE LIMITS.
come from Mr, Leonard O'Dell.
in Edina and partially in St. Louis Park.
Street, west of Wooddale.
be in Edina.
owners who are interested. Permission has to be received from St. Louis
Park and the Minnesota Municipal Commission before approval. Councilman
Johnson moved that the matter be tabled until a petition is received.
Councilman Courtney seconded and motion carried.
Mr. Hyde stated that a verbal request had
These are located north of 44th
He explained that a few houses are partially
Every so often someone asks why they all can't
Mr. Hyde stated that a petition has to be received from the
PERMANENT STREET SURFACING & CURB & GUTTER PETITION RECEIVED. Mr. Hyde
suggested that this project be put in with an initiated job for Indian-
h'ills.
the petition be referred to the Engineering Department for processing in
the usual manner. Motion carried.(Che okee T . between Navaho Tr. and Indian
HEARING DATE SET FOR VARIOUS REZONING. Mr. Hoisington requested that
hearing dates of December 1, 1969, be set for David E. Thomas, R-1 Resi-
dential District to R-4 Multiple Residence District, 54th and France
Councilman Johnson moved and Councilman VanValkenburg seconded that
Hilts Passf
11/17/69
Avenue and Adolph Nelson, Division of Lots 21 and 22, Block 13, West
Minneapolis Heights.
Courtney seconded that Hearing date be set for December 1, 1969.
carried.
Councilman VanValkenburg moved and Councilman
Motion
McPHERSON ADDITION, LOTS 1 AND 3, LOT DIVISION APPROVED. Mr. Hoisington
stated that the McPhersons are on Lot 1 and another gentlemen has an agree-
ment to buy Lot 2 and has purchased Lot 3. This gentlemen would like to
face the house onto Amy Drive. Mr. Hoisington recommended approval. Council-
man Courtney moved and Councilman Johnson seconded the approval of the
resolution for second reading as follows:
RESOLUTION APPROVING LOT DIVISION
LOT 1 AND 3, McPHERSON ADDITION
WHEREAS, Mathew McPherson and Bonnie M. McPherson, husband and wife are
owners of a certain parcel of land in the Village of Edina described as
f 01 lows :
The West 65' of Lot 1, Block,l, McPherson Addition; 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 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;
NOV, THEREPORE, 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 ordinances of the Village of Edina
or with the prior approval of this Council as may be
ordinances.
rovided for by these
&EM-
ATTEJT : Mayor A(&&& 6. /ddlb{
'Deputy Village Clerk
TRACTS A AND B., R.L.S. 1283 LOT DIVISION APPROVED AT SECOND READING. Mr.
Hoisington reported this is a division in the Industrial District and this
division attaches the northerly portion of.Tract B to A and the Southerly
portion of Tract B to C. Mr. Hoisington states this meets all ordinance
requirements and he recommends approval. Councilman VanValkenburg moved
and Councilman Courtney seconded approval of the resolution for second
reading as follows:
RESOLUTION APPROVING LOT DIVISION
TRACTS A AND B, R.L.S. 1283
WHEREAS, P.C.H. a co-partnership is the owner of a certain parcel of land
in the Village of Edina described as follows:
Tract A, R.L.S. No. 1283 and that part of Tract B, lying
North of a line running from a point on the West line of
Tract B, a distance of 116.9 feet North from the South-
west corner thereof to a point on the East line of Tract
B, a distance of 127.93 feet North from the Southeast corner
thereof; 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 hard-
ship 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, THEREFORE, 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
11/17/69
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 provi.for by these ordinances.
-
' Deputy Village Clerk
W 69% STREET AGREEBENT CONTINUED INDEFINITELY. Mr. Hyde reported that the
agreements from the attorneys has not beenreceived.
William Whitlock stated he had not received the agreements either.
man Courtney moved and Councilman VanValkenburg seconded that the report
be continued indefinitely. Motion carried.
Village Attorney
Council-
CREEK VIEN HEIGHTS PROPERTY DEEDED TO SCHOOLS. Mr. Hyde stated that the
Village received about seven acres on the creek from dedication on the
platting of'Creek-View Heights and it is now in condemnation by the School
Board.
Village received it and take it out of condemnation.
offered the following resolution and moved its adoption:
BE IT RESOLVED by the Edina Village Council that the Village of Edina convey
Mr.' Hyde suggested that it be given to the schools for use as the
Council Courtney
RESOLUTION
I
to Independent School District No. 273 by Quit Claim Deed all of its rights,
title and interest in and to the property described as follows:
Outlot IrBrr, Creek View Heights, according to the duly recorded
plat thereof in the office of the Register of Deeds, Hennepin
County, Minnesota; and
BE IT RESOLVED THAT it is understood and agreed by and between the party of
the first part and the party of the second part, and party of the second
part by its acceptance of this conveyance does hereby agree, as follows:
1. That the two 60 foot road easements described and referred to in that
certain deed of the above described property from Alfred A. Gross and
Irene M. Gross to the party of the first part dated June 20, 1969, and
recorded in Book 69 of Hennepin County Records, page 3786546 are
hereby terminated:
That no improvements of any kind shall be constructed on, and no
improvements of any kind, including but not limited to, bridges, shall
be constructed under or over, all or any part of the above described
property, and no excavating, filling, grading or raising of the level
of all or any part of the above described property shall be made or
done without, in each instance, first receiving the prior written and
recorded agreement from part of the first part, its successors or
assigns;
Party of the first part hereby reserves unto itself, its successors and
assigns a perpetual flowage easement and the right and privilege to
trespass with water over and above any or all of the above described
property, as such flowage'may' be affected by the construction of dams,
dikes, ditches, diversion work and other structures on khe above
described or other property, under all conditions, ordinary and ex-
traordinary, at all seasons of the year; and also the right and
privilege to trespass on the above described property for the con-
struction, maintenance and alteration of dams, dikes, ditches, diver-
sion work and other structures; provided, however, that the party of
the first part, its successors and assigns, by exercise of its rights
hereby reserved, shall not do anything to increase the discharge and
flowage of water through and over the above described property above
that which would have occurred under conditions existing prior to the
construction of dams, dikes, ditches, diversion work and other structures
on the above described or other property, such discharge and flowage
may, however, be decreased by construction of such dams, dikes, ditches,
diversion work and other structures.
Party of the second part, for itself, its successors and assigns, does
hereby remise, release, acquit and forever discharge the party of the
first part, and its successors and assigns, and any and a11 of its and
their officers and employees of and from any and all claims, demands or
causes of action of any kind or nature whatsoever which may arise or
2.
3,
4.
11/17/69
accrue by 3irtue of any flooding of all or any part of the above described
property pursuant to the terms hereof;
5. Party of the first part hereby reserves until itself, itssuccessors and
assigns, and this conveyance is hereby made subject to, an easement,
for the use and benefit of the general public, over all of the above
described property, for general park and recreational uses, including,
but not limited to, hiking and bicycling.
If there shall be a violation or an attempt to violate by party of the
second part, its successors and assigns, of any of these covenants,
restrictions or reservations it shall be lawful for the party of the
first part, its successors or assigns, to prosecute any proceeding of
law and equity against the person or persons violating or attempting to
violate any.such covenant, restriction or reservation, and either to
prevent him or them from so doing or recover damages or other dues for
such violation. The restrictions, covenants and reservations herein
contained shall be for the benefit of the Village of Edina, its succ-
essors and assigns and may be amended, modified or terminated by a duly
recorded resolution of the Village of Edina making such amendment,
modification or termination;
The provisions hereof shall be deemed covenants running with the land
above described and shall extend to and bind the parties hereto and
their respective successors and assigns and all present and future
owners of the property above described.
6.
7.
a -9 -m 32 .a E3
Resolution was seconded by Councilman
four ayes and no nays.
Mayor
beputy Village Clerk
f
BA-123 REASSESSMENT HEARING DATE SET.
assessed, we neglected to assess one property and consideration should be
given to reassessment and notification because they should be in the plan.
Upon recommendation of Mr. Dalen, Councilman VanValkenburg offerred the
following resolution and moved its adoption:
Mr. Hyde reported that when this was
RESOLUTION PROVIDING FOR SPECIAL ASSESSMENT HEARINGS
FOR BA-113 .
BE IT RESOLVED by the Village Council of the Village of Edina, Minnesota,
as follows:
1. The Clerk and Engineer having calculated the proper amounts to be assessed
for the improvements set forth in the Notice of Hearing forms hereinafter
recorded, and the amounts proposed to be assessed against the respective lots,
places and parcels of land within the districts affected by said improvements,
and said proposed assessments having been filed with the Clerk, the same are
hereby approved and the Clerk shall keep the same on file in her office and
open to public inspection pending hearings thereon as herein provided.
2.
Hearing forms hereinafter contained, to pass upon said proposed assessments
and the Clerk's action in publishing notices of said hearings in the official
newspaper in accordance with law is hereby approved; Notices being as follows:
I-
This Council shall meet at the time and place specified in the Notice of
(Official Publication
VILLAGE OF EDINA
HENNEPIN COUNTY, MINNESOTA
NOTICE OF RE-ASSESSMENT FOR
Blacktop Street, Curb & Gutter Nos. BA-113
THE EDINA VILLAGE COUNCIL will meet on Monday, December 15, 1969, at 7:OO p.m.
to hear and pass upon all objections, if any, to the following proposed assess-
ment.
open to public inspection. Assessments will be payable in ten equal install-
ments over a period of ten (10) years. First payment of each assessment will
be payable with the taxes for the year, collectible in 1970, with interest on
the entire assessment at the rate of 5% per annum from the date of the
resolution levying the assessment to December 31, 1970. To each subsequent
installment will be added interest at the same rate for one year on all unpaid
installments.
1. CONSTRUCTION OF BLACKTOP STREET, CURB & GUTTER NO. BA-113
BY ORDER OF THE VILLAGE COUNCIL
Florence B. Hallberg
Village Clerk
This assessment is now on file in the office of the Village Clerk and
Bush Lake Road from West 74th Street North to cul-de-sac
11/17/69
Councilman Johnson seconded the
four ayes and no nays.
Mayor
' 'Deputy Vi11
BIR. BROOKE TANEY APPOINTED TO HUMAN RIGHTS COMMISSION. Mayor Bredesen
stated that this gentlemen, Mr. Brooke Taney, is very interested in the
appointment to the Human Rights Commission and is also very interested in
the subject of human rights. Mr. Taney is a student at St. Thomas College.
Councilman Courtney moved the appointment of Mr. Brooke Taney to the Human
Rights Commission and Councilman VanValkenburg seconded. Motion carried
NATIONAL LEAGUE OF CITIES MEMBERSHIP APPROVED FOR 1970. Mr. Hyde
reported that this membership is budgeted for 1970. Mayor Bredesen
stated he felt that their materials sent to the Village were directed
only to bigger cities, and that this membership was a complete waste
of money but'that others felt the materials were rewarding. Mr. Hyde
stated that the materia&s&h$gc&E$ewere useful. Mayor Bredesen
expressed concern over/'increase of the fee and Councilman Courtney
suggested that the consideration of membership be reconsidered if the
fee was increased.
their membership in this organization but that if the membership fee
is increased careful consideration be given to continuance.
man Johnson seconded and motion carried.
MUD LAKE PROJECT DISCUSSED.
had been typed up with the figures of the purchasing of the land for
Mud Lake.
estimate of cost was made so they were excluded in some of the
figures. A general discussion insued among the Councilmen on the
summary sheet and the cost of 'the Mud Lake Project.
taken,
Cocncilman Courtney moved that the Village continue
Council-
Mr. Hyde reported that a summary sheet
The two Gleason parcels were purchased before an overall
No action vas
CLAIMS PAID.
Councilman Courtney for payment of the following claims as per Ore-
List dated November 17: General Fund, $25,295.10; Construction
Fund, $277,788.65; Park, Park Construction, Swim Pool, Golf and
Arena, $112,492.55; Water Fund, $39,430.46; Liquor Fund, $96,005.79;
Sewer, $1,703.36; Improvements, $33,249.45; Poor Fund, $430.53;
Total $896,395.89
Motion of Councilman Johnson and seconded by
The agenda having been covered, Councilman Courtney's motion for
adjournment was seconded by Councilman Johnson and carried.
Adjournment a% 8:30 p.m.
Deputy Village Clerk