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HomeMy WebLinkAbout19470609_REGULAR1.78 6/3/47 Chairman Utley of the Publi'c Utilities Committee reported as follows: "T*fI"E3 OF THE HEEXING OF THE PUBLIC UTILITIES COMMITTEE OF THE EDINA VILLAGE COUNCIL, HELD AT 8:OO PEL 9 TUESDAY, JUNE 3, 1947, IN T!B EDINA ' ?I'IEI&GE HALL'l llAllnenibers of the Fkblic Utilities Committee were present, with himan Utley presiding, I1The Comittee met at the Village Hall, June 3, 1947, to receive the report ofthe Chairman, the Specid Village Counsel, and Karl Schmidt, Consultant, with reference to past and current negotiations for the purchase of water and sewer systems from the Country Club District Service Company; said matter having culminated immediately prior to the comencenent of the trial on the water rates case. - IIMeesrs, Schmidt and Hoore were present. 1lAfter full discussion, lek. Hawthorne moved, seconded by Hr. ITillson, that the recommendations of the Chairman of the Codttee, Counsel, and Consultant, that the water and sewer Systems be prchased from the Countq Club Distzict Service Company and Qscar Gaarden as pre- sented to the meeta& be accepted, and that said purchase be favorably recommended to the Village Council for acquisition according to law. Notion passed Unanimously, llHotion by Hawthorne for adjourainent IELS seconded by Child and carried. Respectuflly submitted, H.C.Utley, Chairman public Utilities Conmtitteetl Hawthorne moved, Utley seconded, and motion vas unanimously carried, that written offer of the.Country Club District Service Company and Oscar Gaarden dated June 3, 1947, be written into the Wnutes of this Xeeting and made a part hereof: Wade this 3rd day of June, 1947: "For $1.00 and other valuable consideraticn, including mutual covenants, the undersigned Oscar Gaarden, sole stockholder of Country Club District Service Company, and Country Club District Service Company, a corporation, (by authority of a stockholders' meeting held this date) do hereby 5.r- revocably offer to sell, transfer, and convey all of the ri&V$ title, and interest of the Country Club District Service Company in and to all of its physical assets devoted to water utility purposes, free and clear of all Liabilities, as of June 2, 1947, including work and materials nor? under contract and construction, and also including servers, to the Village of Edina for the sum of $/35,000.00. "Said sum is understood to include $2,500.00 for materials, supplies, tools, office equipment, meters, stock, pipe fittings, etc., rvhich is to be h- mediately inventoried at cost and the CXfference between the amount of said jnventory and #2,500.C0 whether more or less, as the case may be, shall be added to or subtracted from the total sum of $135,000.00. '!Any improvements, additions, alterations or changes in or to said systems which may be required between this date and the effective date hereof shall be made and installed by the Service Company and payment made by the Village therefore in addition to the sum above mentioned, provided, however, that such improvements, installation, change or alterations shall first be approved by the Village Engineer. "As a part of this offer, if and when finally accepted, all pending liti- gation between the parties shall be dismissed with prejudice and without cost to either party. And, in addition, thereto, each of the parties shall execute mutual releases absol~gthe other from any debts, claims, or demands of any kind or nature whatsoever. It is further understood that if the Council resolves to favorably recommend the accerkance of . this offer, all pending litigation shall be held in status quo until after July 1, 1947. 6/3/11? - 179 / i l"Ehe paymentof said $135,000,00 shall be made in cash on or before 'The offerors further propose to operate said systems in the usual AUSst 15, 1947. and customary manner until July 1, 1947. ltOscar Gaarden agrees to extend his full cooperation to the Village by way of consultation and advice during the transition period, "Said Gaarden further agrees to cause this transaction to be author- ized and further approved by its Board of Directors and/or stock- holders,,if in the opinion of the counsel for the Village the same shall be necessary, "It is agreed that this orfer shall be submitted to the Village Council of Edina within three (3) days at which time said Council shall either (1) reject said offer, or (2) if deedmed Isatisfactory, said Council will, by appropriate resolution, agree to favorably recommend the purchase of said properties at said price to the voters of the Village. shall also agree to cause an election to be held upon the question of the acquisition of said properties at such time during the month of June as may comply with applicable laws in order that the con- summation of said transaction, if approved by the voters, may be completed on July 1, 1947. If recommended favorably, the Council "It is further understood that if said Council accepts said offer, the entire transaction shall be set forth in a further formal. con- tract not inconsistent with the provbions hereof and with such ad- ditional provisions for the protection of both parties as may be necessary in the opinion of their officers and counsel, :IIIt is further understood that the Servicg Company shall pay all. , obligations for work contracted to the effective date of this We offer also to surrender the existing franchise.11 in'st;-rument. COUNTRY CDB DISTRICT SmnCE COMPANY By (Signed) Oscar Gaarden OGcar Gaarden, President (Signed) Mar Gaarden Oscaar Gaarden, Individually Utley offered the following Resolution'and moved its adoption: BE IT EESOL~D by the Village Council of the Village of Edina that the written offer of the Cougtry Club 1i)istrict Service Company and Oscar Gaarden, dated June 3, 19&7,.to sell to the Village of Edina the proper- ties of said Company for $135,000.00 be accepted; andthat the Council proceed to acquire said properties in accordance with said offer or as otherwise permitted by law. Motibn to adopt the Resolutipn was seconded by Hawthorne, and on Rollcall there were five ayes and no gays, as follows: Child, aye; Utley, aye; Willson, aye; Hawthorne, aye; and Christopher, aye; and the Resolution was adopted, 6/3/47 Utley moved, Hawthorne seconded, and motion was ummm * ously carried, that Village Attorney and I&. Perrylfoore, as Special Village Counsel, be directed to furnish the Village Council with a written opinion regarding proper pro- cedure for acquiring properties of Country Club District Service Company, and to draft the proper resolutions for said acquisition. Notion by Hawthorne for adjournment was seconded by "UTES OF THE REGULAR I-BEZING OF THE EDINA VILLAGE COUNCIL HELD MONDAY, JUNE 9, 1947, at 8:OO P.M. in THE EDINA VILLAGE HALL. Embers present were IKllson, Child, Utley, and Christopher, with Clerk Haw- thorne coming late, lirmtes of Regular Neetings of May 12 and 26, and Special I4eetings of June 2nd and 3rd, were approved, by motion Utley, seconded by Ifillson, and carried. Deputy Clerk, Gretchen Schussler, acted as Clerk, Motion by Willson, approving payrolls as follows was seconded by Utley and carried: VILLAGE OF EDINA PAYROLL JUNE 1, 1947 THROUGH JUNE 15, 1947 and NAIE ADBIXESTRATLVE: - Phil If. Smith Gretchen Schussler Bepice l€. Johnson Helene Freeman sub-tat;al ENGI"G: Carl I-Bller John A. Sias FEed Jonas Ben Voehler Sub4 otal EARNINGS TAX DEDUCTS. PAY NO. 250.00 33.30 110.00 15 e00 75.00 12080 62.50 6.80 497.50 67.90 137.50 11-70 475 e 50 50.20 216.70 io24 95.00 1025 55*70 102'7 62,20 1026 429.60 lll.40 1028 lll.40 1029 76,70 1030 125.80 1031 425.30 POLICE DEW. Hilding S. Dah1 107 . 50 6 4.0 6 .oO 95.10 1032 lh. S. Heydt 100.00 5.40 -0- 94*60 1033 Clayton Erickson . 107.50 14-30 -e 93.20 1034 Clarence A, Knutson 107 50 6.40 6 .OO 95.10 1035 Donald A, Nelson 102 ,YO 5.70 -0- 96.80 1036 Win. V, Hoffman Sub-total STFUBT HEW- REGULAR Philip Bailey Sam Roberbs Pete Dahlgren Itat t Herf eld John Tracy Harry Jonas Arthur Jensen Ronald P. Port Sub4 0ta3. 95-00 12.30 6.00 76.70 1037 620.00 50.50 18.00 551 50 120.00 I22 -38 107 . 50 116.75 97.50 97 50 97-50 lO2.00 861.13 5.00 9.00 10.40 8.10 -0- 4.70 ,8O -0- 38.00 ST&EET MEN - HOURLY Sa NcCready 77.35 5-30 Charles Johnson 84-00 2.70 Jacob. SMc 84.15 6,60 Hermit C. Knutson 80,OO 9.90 C, I,I. CaPdarelle 90,OO 3 070 Elerrill Garner 80.00 9*90 Jack Nerf eld 81.00 9.90 3.15 600 113 038 97 010 108.65 97 50 92 80 .96.70 102.00 823 23 1038 1039 1040 1041 1042 1043 1044 1045 72.05 1046 81.30 1047 77.55 1048 70.10 1049 70.10 1050 71.10 1052 70.10 1051 6/9/47 1181 and OTJERTIME FOR MAY 1947 - NAN3 TOTAL WITH UNIFORM NET CLAIM EARNINGS TAX DEDUCTS . PAY NO . ... Jktra Hen Wajhe Tracy Carl Leyse Sub4 Ot dl 1 14.00 -0- U.00 1053 2,797 . 93 Moti.on by Utley approkng paymentof claims as follows &s seconded by Willson and carried: VILLAGE OF EDINA BILLS PAID JUNE 9, 1947 NAME Idorell et Nichols - AMOUNT , =SO Claim NO* 4952 GENERAL FUND Republic Creosoting Cp. J . V.Gleason . ,Pittsburgh Plate Glass Co. , General Steel, Inc. . Glacier Sand & Gravel, Go. Oscar Roberts & Co. , Edina Garage Hennepin County Review H.A.Rogers' Company , Edina Hardware Northern States Power: Co, Suburban Press, Inc. Berg & Farnham Go. Miller-Davis Company Hardware Mutual Casualty Go. 4953 4954 4955 4956 4957 4958 4959 4960 4961 4962 4963 4964 4966 4982 4983 3,187 70 POOR FUND Suburban Henn. County Relief Board 4951 Go. 1055 262.13 Sewer Rental 1.00 ' Northern States P&er n J.S .D.#l Berg & Farnham Co, Bart Carlone Northwest ern National First National Bank , 4964 4967 Bank 4939 4940 2.72 125.80 57 $1 301.00 . lr87 033 Northwestern National 4943. -9.75 Northwestern Naticnal Bank 49@ S.D.#$ 79 92 First National Bank 4943 Bank 49.44 Northwestern National Y- . -- Northwestern Mat ional ,Bank 4945 First National Bank 4946 Northwestern Natimal Bank 4947 First National Bank 49&3 First National Bank 4949 w.14. #2 -62 W.M.#3 136.42 W.H.#4 171.43 I82 6/9/47 First National Bank # 4950 Hennepin County Review H.A. Rogers Company Suburban Press Inc. Construction Bullet in F, J. Daubanton. E.C. Pfeiffer Victor Carson*s & Sons Edina Hardware Suburban Press, Inc. Construction Bulletin Dahlberg Bros. Inc, Chas. Olson & Coo Mpls. Gas Light Col Phillip* s Petroleb Co, Firestone Stores Edina Pure Oil Corn. of Taxation, Petroleum %fin, H. Ziegler Go. Inc. Borey's Shell Station Brookside Service Station Int ernationol Harvester Co Pink Supply Coo Division 4960 496& 4964 4965 4968 4969 4984 4962 4964 4965 4970 4971 4972 4973 4974 4975 4976 4977 ' 24.00 - 10.88 3.60 6 .40 ' 3.20 14.00 2,276 . 24' 2,338032 4978 4979 . 49m 4981 Arthur IC, Peterson 3 082 4.60 7.40 l.ltO.12 12.50 17.73 13 31 59012 21028- * 35.58 lo&* 12.12 61.19 3.48099 w 673 a07 G~BAGE FUND 680.24 Total Bills Paid 6/9/47 $16,333099 First Edina State Bank (Transfer of funds) 4985 553,070053 * Loans to Special Assessments: Sewer District #I2 4986 300,91 Sewer District #13 4987 1,464084 E.Iotion b Utle Fund, an$ 41,4&.88 to Sewr District NO. 13 Fund to cover debt retirement re- quirements, until such time as Village receives Ihy tax settlement frox Cowty Auditoor', was seconded by Child and carried, Pursuant to Advertisement for Bids for the Blacktopping of klooddale Avenue from'tl, 53rd Street to W. 62nd Street, and of France Avenue from IT. 54th Street, a.s published in tbe Spectator, Hopkins, and the Construction Bulletin, I.;inneapolis, on Nay 29, 1947, affidavit of publication for which vas read by Clerk, the follsvdng bids were opened and read: t at General md.loan $300.91 to Sewer District No. 3.2 WOODDilLE LVE: Blacktopping (With Tar) -0- $L7,686,CO $ -0- \j -0- Bligcktopping (Vith Asphalt) 17, 952.00 17,160.00 18,480. GO 21,648 00 . FRATJCZ kv": Blacktdpping (Hith Tan) -0- 6,816.00 -0- -0- BlackLopFing (With Asphat) 6,528.00 6,624.00 7,200.00 7,584.09 Notion by I.liUson referring bids to Village &gineer for tabulation PELS seconded bg Cfiild and carried. Letter of $37 29, 194.7, from Dr. Archibald E. Csdle, and letter of June 4,1947, from John B. Faegre, on behalf of his client 1-k. Paul J. Schmitt, with regard to theGolf Terrace straightening, were re& and filed with clerk. Petition signed by A.E. Dion and H.R. Anderson, for the kcation of the North-South 6/ 9/47 f 183 alley in Block 11, Mendelssohn, between Blake Road and Belmore Lane, was read. Engineer for further study hns seconded by Utley and carried. Notion by Willson that petition be referred to Village Petition for the tarring of Belmore Lane from Blake Road, east to Inter- lachen Golf Course, dated June 5, and signed by L. E. Bengston and others was read. way, and the Tossibility of widening it before blacktopping, by Willson referring petition to bgineer Smith for further study, was seconded by Utley and carried. After discussioa as to the width of the present road- motion Preliminary Plat of Prospect Hills Second Addition, b,v &*P. Johnson CO., as approved by Planning'Bonanission, was presented. Notion by Willson that Preliminary Plat be approved, was seconded by Utley and carried. Notion by Utley, authorizing and diredting Village Tressurer to secure March Tax Settlementt amount #E,O4.4.l3 from the County Auditor and deposit to Village 2-13 account, was seconded by Willson and carried. Petition dated June 7, 1946, for the grading of 65th and 66th streets between Tingdale and Rolf Avenue, and Rolf Avenue between 65th and 66th Streets, as supplemented by the signatures of two additional property owners as of May 22, 19Lr7, was represented to the Council. Motion by Willson setting hearing on Petition for Grcding, for 8:00 P.&i., Nonday, JuZy I.&, and authorizing Clerk to publish proper notice thereof, was seconded by Utley and unanimously carried. Smith had previously reported that the petition now carried signaturea of ownerg of more than 51% of the abutting property. Ehgineer , Petition for the blacktopging of Concord Avenue, between Southview Lane to South line of Lot 4, Block 3, Golf Terrace Heights 2nd Addition, dated May 26, was reported by Engineer Smith to carry 'the signatures of owners of 53.7% of the abutting property. hearing on petition for July I.&, 1947, at 8:OO P.M., and authorizing Clerk to publish proper notice thereof, was seconded by Child and carried. Deputy Clerk reported ktt orney Bryngelson's request for copy of Police Report as to the record of Nal W. WhTte, applicant for Off-sale Liquor License. Hotion by iKLlson setting Natter referred to Village Attorney. Fa. Allan Garrision, together with two other owners on W. 56th Street, inquired as to how soon water connections would be installed. informed that Contractor would be in this territory within a week. These gentlemen also inquired as to petition presented some time ago for the oiling of W. 56th Street. The Council informed them this petition has been placed on inactive list because of not having 51% of property signed, and because of delinquency in taxes. Gentlemen were asked to circulate new peition if they now wish blacktopping. They were President Christopher presented for the Council's cmsideration the names of ??illizlm Steinke, Howard Clark, EdFrin C. Krafft, and Bower Havfchorne, and asked approval as to his naming one other member, for a special Parks and Playgrounds Committee. of the President be accepted was'seconded by Utley and unanimously carried. Council requested that this sbecial committee make immediate recommendation as to vhat land should be first zppraised for park purposes. Nr. Willsonreported theAmerican Legion's request that the Bouncil make provision for flag staff holders along the curb line, for the businessmen, in order thst flags may be flown on Holidays in the business section. Engineer Smith reported th;t holes can be cut and flag holders installed at small cost, because 6f space left for m-derground lighting. Fi. ItTillson was asked to report to the Legion that the Council will make provision to hzve the holes cut and pipe installed providing Legion or Businessmen will furnish metal caps for same. Hotion by Ifillson that the recommendations 1 At this time further discussion was had with regard tobids for black- topping taken earlier this evening, Trustee Willson reporting that he recommends the blacktopping of igooddale from 50th Street to 62nd Street, instead of from 53rd to 62nd as advertised and bid. The matter of an assessaent for at least one-half %he work onthis thru-street was approached, this job being a major construction job. Motion by l?illson that bids taken this evening for the blacktoppkng of IiJooddale Avenuefrom W. 3rd Stzeet to I?. 62nd Street, be rejected, and that Clerk be authorized and directed to return certified checks was seconded by Child and carried. r;Tillson offered the following Resolution and moved its adoption: , T;JHE"nUS, the Village Council desires on its own motion to BlaclcLop Wooddale Avenue, -from I.J. 5Gth Street to If. 62nd Street, as authorized by Chapter 382, Laws 1903, now therefore, BZ IT R3SCLVZD by the Village Council of thevillage of Edina that it is deemed necessary and expedient to Blacldop Ifooddale Avenue, fron 11. 50th Street to W. 62nd Street, and that on the 24th day of July; 1947, at 8:OO P.14,, this Council will meet at the Village Hall in said Village and will at said time and place hear the parties interested therein in reference to such improveEent, and will decide wlnebher or not to undertake such improvement, in wholeor in part. Notion to adopt the Resolution was seconded by Child, and on Rollcall there were four qres and no nays, as follows: tJillson, aye; Child, aye; Utley, aye; and Christopher, aye; eind the Resolution was adopted, President of the Village Council At this time Clerk Hawthorne entered the Eeeting. Special Counsel read to the Council the proposed termsof the f orml contract to be entered into by thevillage of Zdina, the Country Club District Service Com@any and Oscar Gaarden for the purchase of the mter works system. Utley offered the f ollotTing Resolution and moved its adopti'on: 0 BE IT RESOLTfED by the Village Council of the Village of Nna that the propsedterms of the formal contract as read by Special Counsel be drafted into a formal contract, and that the proper Village officers be authorized to sign it for the Village. Notion to adopt the Resolution was sedonded by I.;lillson, and on rollcall there were five ayes and no naysy as follows: thorne, aye; ad Christopher, aye; and the Resolution vas adopted. Child, aye; Ifillson, aye; Utley, aye; Haw- President of ;the Village Council Clerk Har.hhorne then was excussd from the balance of the meeting, Engineer Smith reported that Getition received Ihy 19, signed by L.R. Nolan-land others, for extension of water m~n on W, 49th Street from hple Road to France Avenue, carries signatures of owners of 58.4% of abutting prorerty. Utley, setting baring on proposed water main improvement for Eonday, June 23, 1947, at 8:OO P.K., and directing Clerk to publish proper notice of same was seoonded by Hillson ad karriedi Kotion by Kr. Smith reported that Donald J, T-icClellan has now renioved contracting equipment from 62nd and Hooddale, and that no further complaints have been received as to his operating cohercial garage at 62nd and Peacedale. It vas the opinion of theCounci1 that old orders to Kr. 1-icclellan be allowed to stand. Utley's motion for adjournment pias seconded by C *