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HomeMy WebLinkAbout19521215_SPECIAL1, 12/15/52 13 "\!$ s.8 i I/' 1 ' 'I*Xmm OF THE SPECLZ 1-EZTDJG OF Tf@ - ) I=T)BJA VILL2.X COUIJCIL, HEID i~:OIJDAY, DZC3.m 15, 1952, AT 7~30 P.L AT THE EIXiXA-IIORNINGSIDE HTGH SCHOOL. :: IZembers answering RoU_caU were Bredesen, Child, Danens, Otis and Erickson. Ihyor Eickson announced Public Hearing on Proposed Sanitary i3ewer Outlets. Otis read Affidavit of Publication for "Notice of Hearing on Proposed Saitary Se1,rer Outletsi' appearbg in-Zdin~-~.romingsidelCourier IJovember 26 and Decenber 4, 1952, which affidav5t was approved as to form and ordered placed on file. Ilayor Erickson eqlained to the audience of about 100, that a speciaL Committee - appointed by the Council md consisting of I-iessrs. Child and Danens of the Council, Village Attorney TTindhorst, Village IIanager-Engineer Et chell, and 1.11.. iwthur Grim of the Edina Taxpayers Association Sewage Committee, had been working for some months with a like Committee from Richfield, investigating $he merits of the proposed Richfield-Zdina outlet. He introduced Chairman Child of the Special Committee, rho is also Chairman of the Xdina Council Public Tlorks Committee. 142. Child-reviewed for the audience the work by the joint Richfield-Zdina Special Committee, stating that in the opinion of the Committee the Richfield-Edina Outlet is expedient both economically and &!om a service standpoint; that Richfield proceed with construction regardless of Xdina's action; that if Edina wishes to be included now,action must be taken at once. Uineer PXtchell for *explanation of the proposed plan. Zir, I-Etchell prefaced-his eqlanation with a review of the growth or" Edina in the Isst half century, quoting census figures. show3hg an increase from I242 connections in 1948 to 2825 In 1952. Review vas made of the present sewage contract with the City of Nhneaplis for a sewage outlet with a maximum capacity of .four cubic feet; r.rhich outlet VU be overloaded very soon at the present rate of population growth, and which outlet IIinneapolis is privileged to close azter eq&ration of 30-year contract if Lts orvn sewers are filled. I4k. I-Etchell then stated that the Special Committee from Bdina has studied five Sfferent plans to remedy Edinats sewage problems, together with their comparative costs, as f OllOtTS t Clerk I He called on Village 1-knager- *. --t He quoted Itsewer connectionlt figures Plan 1. To erect a sewage treatment plant-oncthe I.liinnesota River. Cost behg Plan 2. To construct a force main from Edina to Oakland and 1.linnehaha Parhqy Cost of main being estimated at approximately estimated at, approximately $3,000,000 and being thought prohibitive. al5ngIlimehaha Creek. $l,324,ZOO, "and plan necessi€ating a lift, station at a maintenance cost of about :.).40,000 a year, Cost of main being estimated at &lOO,OOO. and 53rd Street, Cost estimated at- ';;1,100,000. ceptor sewer to serve both Villages, at an estimated total cost to * both Villages of 31,833,960, of which Edina's share would be $307,000, Plan 3. To construct a gravity line along IEnnehaha Creek to OakLand Avenue. Plan 4. To construct a separate sewer through,XLchfield-to 29th Avenue South Plan 5. To participate vdth Richfield, =,-in the construction of an inter- or l&$ of total, (These being two hterceptors, to East Edina 2,ini.t~). -* sir. I.Litchell explained that Plan 5 is being endorsed by the Special Committee because of its comparatively low cost and because Plans 2, 3 and 4 I.rould involve securing permission from I.linneapolis and Eichfield for use of their streets, .r.ri?ich permission would be questionable, especially if -construction is delayed until after Richfiela has made her permanent 5mprovementsS Zdina taxpayers some &OO,OOO, but that to participate in it, Edina must take action immediately. I He stated that Plan 5 t.ri31 save 1- I&&. IEtchell presented a map showing that portion of the Village which has sever facilities, eiiplaining that the Council has considered the folloxdng method of paying for the proposed intercepCor servers: 1. 2, 30 An ad vdorem 'tax Ievy of approximately 102 mills per year on && taxable property in the Village, to cover 25% of the cos t. 140 spocid asggssment levy on that area which'has alrsady pzid an assess- ment for connection to tha IZinneapolis outlet. A specid assesmen$ of $1.10 per front foot on platted property; $65.00 per acre on unplatted properby, for all property which has not paid an assesment for connection to the IEnneapolis outlet. IZr. IZitcheU emphasized that these are estimated assessments only; that it is impossible to give complete figures at this tihe. hrbg his report, I-ir. ZXtcheU also emphasized that the proposal being considered Lonight is for the interceptor sewers 0rd.z; that when trunk, sewers in Zdina, and lateral sevrers are prated they must be petitioned for and mea extra costs. He shopEd a plan Tor future trunk mdns to serve the entire Village. At this time the Hearing.was opened 12/15/52 to questions from the audience: 39 1. Er. Ivar Bolander, 12 Woodland Road and ovmer of considerable property west of the Beltline:-gHow do you justify a charge of $300,000 on 2,400 acres of unplatted property,-%he o&ners .of vihich are the last to benefit from this Proposed properties which may some ,day %e connected:to the sewer, with the Council this past year, and Council has no method of detemnining when properties may be platted, and want connections to se\.rer.ff-' 2. 1-tr. Lewis E. Jones, 571'7 South BlaJie Road, owner of twenty acres of unplatted propefiy: "BeiiZg two ales away from proposed sewer, and having no intention of p1att;ing my property, and being satisfied with ay cesspool, how does the Council "Yigure I'm benefited?" Rr. I43tchell: I1You are simply buying insurance for possible connections lat,er on,1r* blk. Jones: 'r.Are the Edina taqayers going to b-6 allowed to vote on this pro$ect?lt Village Attorney Windhorst: i?Attorneg General: has ruled that the . Tillage Gobcil has no authority to expend moneys for such ah election; that, were such an election held, it could have no offjcial status.lt 4. Ifr. Hugh Brenrier: Whoula we have this enormous' e;qoense.for something which E?. Hitchell awts is only a future possibXlity? Is there any fairness in this?ll IsTr. Plitchell: to serve..% of Edinaj therefore, all properties should be assessed, on the premise' that they are privileged to connect.lf 5. lk. Lee I. Hiller: l11f the population keeps growing, faxes will keep increasing. perhaps by making one acre a minimum Lot-rec@yement?1' Nayor ErZckson: are here'tonight to discusi-'only the proposed interceptor sewer pro ject.ff.. 6. I&. Bolander: Weveral lift stations will be needed within the Village. Isntt it possible to-assess according to the nuqber of lift stations needed to serve a property?!' lk. IEtchell: "According to the plan of Toltz, King and Day, only one force main and lift; station uiill be needed--that at 74th and no man dale.^^ 7. I&. Robert Short: What is the logic of assgssing rural farmers and people.. who already have the sewer?' I&.- Nitchell: . "Rural properties are developing fast at the present time &d may need cohnect'joiz; proper;ties ivhich already have the sewer ~611, under the presejnt plan, pay an ad vdoqem tax'as insurance for future connection should Ninneapolis terminate contrac.t.ff Kr. Short: ''Isn't the reason that we are here tonight to provide a future'connection for people who already have the sewer?" E. KtcheL1: ttDefinitel,y not." 8. E.*. Lee Niller: KCs athere any reducfiion if one signs agreement that he - will never connectinto this sewer?" 3Ir. l!EtchelL: ttNo.lr 9. 3fr. Pittelkow, 4503 ZLakeview Drive: "How wad'the 25$ ad valorem tax arrived at?" Ifre Ietchell: persons not.at present paying-an outlet charge. , It-was thought $hat an assess- ment for the entire $EjoO,OOO would be too great; that those persons who have already paid an outIet charge should bear some share of this cost inasmuch as they may some day be' forced-to use the connection.1t 1fr. Pittelkow: ttSpeaking .for neighbor, Pk. Samuelson, he suggests that cost--of new interceptors should be addedto cost of present outlet and entire amount assessed over all Bdina prsperties, the persons now paying an outlet charge to receive a credit.ll 'Hayor 3rickson: been eliminated because of the great mount of clerical work iinvolved.11 interceptors that we are now-facing kith the Hinne;lpolis outlet---can be be cut off some day?If . At'torney tfindhorst: $#There is no timec limit in the presen-b pro- posed contraot with Richfieldet1 - At this tine Xay& Erickson called on Wr. Robert Huston, former Sewer Engineer for Xinneapolis, who explained backsound of 'Ehe apolis-Xdina sewer contract. benefited by this pro ject?fr E,.ttorney IJindhorst: . '#The Village Council. conducts an assessment hearing, akter. proper notice. Any person objecting to the assess- ment levied against his property must file a written abjection at or before this Hearing. in the Courts. There is no way to stop the improvement, %self, other than to prove that the Council has acted foolishly or capriciously in ordering it in.11 Mayor Erickson then called for a show of hands, asking that the mtter of assessment be divorced as much as possible fromethe matter of necessity for jmprovement. Taxpayers Association was asked to report. He stated that the PldVisory. 'Boara of the Associajxion favors the project but has taken no stand on the matter of the assessment. Nr. &Et chell:l1Assessrnent must be- made against Twenty plats have been filed 3. llAs I staced before, the interceptor sewers are planned Isnlt there some way the Council c-an keep the population static-- $We ' lW.th the problem-of assessment in mind for those "This procedure has been considered by the Council but has, 10. Er. Fred V. Rodgersr "Are we faced with the- same problem r.Jith the Richfield I. . 11. 1.k. Don Hamilton: Who is going to decide what property owners are If Council levies assessment over this objection, there is recourse I Before this was done) however, 1.k. Hibbert €Ell of the Edina .. . The sholv of hands was about even, for'and against the project, and lbfayor Erickson announced that; Hearing was closed. At this time I&?. Robert Short demanded "mral re'presentation on a c6mmittee for assessmentt1 and an argument' developed bettvzeen him and the Council. II'otion was made, seconded 5nd carried, that Council recess for half an hour, to reconvene at Village Hall. 12/15/52 *Upon reconvention of I.Ieeting at Village Hd.1, icth all mbbers present (and r:shile Council vas w&ting for &borney Vindhorst to arrive] 1-Iayor Zrickson asked that CounciL consider plans for the proposed New Vilzage Hd.1. Otis moved that the architects be indted to submit new plans; and furnish estimated , costs, reducing fire storage space at least one-third, reducing area of the lobby ' ad unassigned space adjacent thereto by twelve feet, placing one vault in the basement, directly beneath w3.t on first floor, and eliminating toilets in the 1Tortheast corner of the building, and that architects be'advised that the dum estimated cost of tae.building, including grading and architects* fees, is to be \ not in exqess of ~~200yOOOm I-lotion seconded by Child anq carried. At 'this time lkyor Ericlrson requested Council action on the proposed Sanitary Sewer project for which Council conducted Public Hearing earlier this evening,* Council'reviewed at Lengbh the recominendatiohs of the Special Committee, as set forth, at this evening's Hearing, as well as the questions raised 16th regard to the proposed metnod of assessment, and moved its adoption: J 1 Plans were reviewed ad Bredesen then offer'ed the following Resolution RESOLUTION Ol3DmG this Council has heretofore caused notice of hearingto be dulypublished on the proposed construction 02- tvo interceptor severs lmg within the village bf Rikh- field-afid the City of IXmeapolis and described as follom: . Interceptor Sewer 1JOm 1, comnencing at Tlm65th Street and Xerxes Avenue, and running East to Humboldt Avenu?; South; thence Uorth to W.63rd Street; thence Easterly to Standish Avenue; thence Easterly and Northerly to "a junction v&th the TtM City Sanitary District, Sewer at 29th Avenue South and 53rd Street, and Tnterceptor Sewer No, 2, 'commencing at V,75th Street and Xerxes Avenue South,. running East to Fremont Avenue South; thence South to 11.76th Street; thence East to Blaisdell Avenue; thence North to FL73rd Street; thence East to Chicago Avenue; thence IJorth to TTa70th Street; thence Test to Columbus Avenue; thence IJoortkr- to Wm66th Street .and a junction with Interceptor NO, 1 above, in order to provide adequate outlets for the sewage of the Village, such improve- ment to be constructed under cooperative agreements, with the VUage of BTchfielLd and the City of Xinneapolis, to be'nade by the Edka Council in ac'cordance with P-&mesota Statutes, Section &+la 59, lunder which agreements forty-four per cent (.I+@) of the cost of said inprovement will be paid by the '4Ti7Uage of Edina and the reminder thereof by the Village of Richfield; that at the hearing held at the time and place speci3ied in- said notice the council. has duly considered the viem of all persons interested, and being fully advised of the pertinent fa'cts does hereby detemrcirle to proceed with the construction of said hi-provement as above set forth; %ha% said hprovement is hereby designated as IlSanitary Sewer kprove- nent Nom 53," and that the eaea to be specially assessed in respect of the portion of the cost 02 said iqprovenent to be paid by the Village of Zdina shall include all. lots and tracts os" land within the Village, save and except those lots* znd " tracts situated within the boundaries of Joint Sewer District No. 1, as created and descfibed in Ordinsnce km 232 of said Village, and those lots and tracts whi.ch, although situated outside said Joint Sewer Diskrict 130, I, hime hej?e%ofme bszn specially assessed for a portion*of the cost of the connection of the trunk, sewer in said Joint Sever District NO, 1 with the sewer system of the City Qf IJinneapolis a = thence South to lfm66th Street; thence East to 11th Avenue I I Zotion for adoption of the Eesolution was seconded by Otis, and on Eollcall there were five ayss and no nays, as follows: "Bredes aye; and Erickson, aye; and the Resolutio hild; aye; Danens, aye; lage 3ttorney,Uind@orst presented for Council$ s consideration IlAgreenent betmcn This agreenent was revierred at some the Villages of Richfield znd Zdina for Joint Construction and for Use and Ifain- tenance of Certain Sanitary &tier Facilities." length and found to be satisfactory. Child offered the following Resolution and noved its adoption: 21 with the construction 09 Sanitary Sewer Iinprovement No. 53; that-$ai; SaGtary Sewer Improvement No. 53 represents a joint undertaking under cooperative agreements with the VilIage of Richfield andrthe City of Ninneapolis; that a proposed form of agreement between the Villages of Xichfield and Edina has been submitted to this Council, -a copy of' said agreement, marked Exhibit A, being attached hereto and herebymade a part hereof; that the Village or Richfield has heretofore entered into an agreement. wit% G.K Orr Engineering Company, a Xi.nnesota corpora%ion, a -copy of which, marked &hibit B, is attached hereto; that the Hayor and CXerk of-this Village be, and they hereby are, authorized and directed to execute the contract set forth as Exhibit A hereto on behalf of the Village of Edina and to enter into an agreement in sub- stantially the form of Ekhibit B with G,% Orr Engineering Company insofar as the VilIage of Edina assumes responsibility for a portion of the costs of said Sanitary Sewer hprovement No, 53; and that said G,X, Orr Engineering,Company is hereby authorized and directed to prepare plans and specifications, bidding forms and other contract e documents necessam in connection with said Sanitar,v Sewer Improvement No, 53, dl in accordance with the agreement set forth in said Exhibit €3. Notion for adoption of the Resolution was seconded by Danens,- and on Rollcall there wer6 five ayes and no nays, as-foTlows: Danens, aye; Otis, aye; andLErickson, aye; an.?*? w~ adopted, BTTIBT: Ekede e-ye; Child, aye; pu!/.'-Flrt Mkyor I/- - There being no further busihess to come before this meeting, Danens moved for adjournment, Notion seconded by Bredesen and carried, Ileeting adjourned at I- .. .-- ~ -_ . Pursuant Village Hall at $:3O P.M., )Ionday, Decmber 29, 1952, with the following manbers answering RolLcaI.1: Bredesen, Child, Danens and Erickson. Deputy Clerk Alden acted as Clerk. . Proposed +Garbage Collection contract was discussed at some length, without agreement by Council, and was referred to Meeting of January 12, 1952, with advertisement for bids to be after that time and bids-to be opened itl. February, rather than on January 26 as previously planned, due ci and notice'by the Nayor,*the Neeting was convened at the -* .-- Assistant Engineer Zikan presented a letter, drafted by Village of Bichfield and for signatures of engineers of both Richfield and Edina, requesting that the City of W.nneapolis furnish Estimates of Cost and construct in 1953 that lhe- apolis sewer connection from E. 62nd Street and 26th Ave. So, to E.53rd Street and 29th he, So. Bredesenis motion, that Council approve. letter for transmittal to City of Blinneapolis, was seconded by Danens and carried, Child's motion, approving December 22nd exchange of Collateral pledged by First Edina .State Bank-release of $L+OO,OOO U.S.Tr$asury Bonds, 2&%, dated 1/8/52 and due 9/15/56; ~jlO0,OOO U,S, _Treasury Bonds, 228, dated 2/26/48 and due 3/15/58; $75,000 U.S. Treasury Bonds, 2$$, dated 9/30/48 and due 3/15/58, -for $300,000 U.S. Treasury C/I 1-7/8$, Gue 2/15/53; $200,000 U.S, Treasury Bills due 2/19/53 and ;~lOO,OOO U,S, Treasury -Bills, Tax Anticipation, "due p6/19/53--was seconded by Danens and carried, The mattar of Business kterruption Insurance for the-Edina Municipal Liquor Store was discussed, this type of insurance for-the Liquar Store providing premium does not exceed iJl00 per year, and with Undemvriter approved by Auditors, was seconded by Child and carried. Office reported Mr, Windhorst's telephoned approval of letter, I_ I' Bredesent s motion, that 'Village Itanager be authorized to purchase I .-