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
*