The URL can be used to link to this page

Home My WebLink About19570318_special3/18/57 J c I ~JIN~ES OF THE SPECIAL MEETING OF THE EDINA AT THE EDINA VILLAGE HALT.. AT 5:OO P.IL VILLAGE COUNCIL, HELD MONDAY, IAARCH 18, 1957, Llembers answering rollcall were Bank, Fronk and Tupa. presided. The adjourned meeting originally scheduled for 5:OO P.Ll., Friday, Harch 15, was cancelled, and this special meeting called by consent of all': members present within the Village, as the Engineers' figures as to the comparison of bids for Sanitary Sewer Improvement No. C-1 had not been completed on Friday. LIayor Pro Tem Fronk . SANITARY !5El'.FR II;"PROVELW4T NO. C-1--ALL BIDS REJECTED. Engineer Zikan reported that, pursuant to Council's request of Iclarch 14, he had made a check of infil- tration costs; that, with concrete pipe as planned, infiltration costs will run to some $10,000 over a 25-year period; that, even with cast iron pipe there will be some infiltration from the surface; that, therefore, his recommendation is for the use of concrete pipe, with cast iron in the.particularly difficult spots, as originally planned. Bank's motion that Engineer's recommendation as to type of pipe to be used be approved was seconded by Tupa and carried. Engineer Zikan then reported that upon a re-check of the bids, Pnelps-Drake was found to be low on the basis of dirt removal and no deep cuts, as reported at the meeting of J.larch 14. . Village Attorney Windhorst told the Council he had consulted with both bidders' attorneys since the last council meeting; that, after research he finds that prob bly the Village has less leeway in varying specifications for determination of award of contract than it does in determining how the contract shall be performed once it is executed; hovrever,that after some closer examination of plans and specifications, and after talking with the attorneys for both bidders, he feels that there is sufficient evidence to justify a finding that all of the bidders could reasonably be expected to know that they were bidding on alternative procedures; that if this is correct there is no question but that the Court would I rule in favor of the Village. Xz. !'!indhorst stated, hocrever, that one of the problems to be faced by tine Village is that the Village has sold bonds to finance this improvement, and must deliver . these bonds by April 5th; that delivery will not be accepted unless the Village has in evidence on a date prior to delivery a contract signed and executed, and also unless Village officials can give a certificate of no pending or threatened litigation. He stated that buyers of the bonds have been consulted in an effort to get an extension of the delivery date, and that they have given a conditional extension of time, involving the School Board's extension of time on its proposed $700,000 Bond Sale; that School officials have not yet given their approval on this. Mr. Windhorst told the Council that the earliest date new bids can be taken for the improvement (if all bids are rejected this evening) is April 12. He stated he feels the Council has a difficult decision to make; that if the Council accepts his comments as facts the bid should be awarded to Phelps-Drake; but, that, if Lametti then sues, the outcome of the bond sale is seriously jeopardized--that it may be necessary to cancel this sale. Attorney Eddelman, representing Peter Lametti Construction Company, claimed that the Village Attorney's conclusions are based on assumption of facts; that, regard- less of what the situation is, the Village is not in a position to award the contract; that it would be an error of law. He went on at some length to sub- stantiate his argument, claiming that the item of "excavation" as set forth in the proposal blank would naturally be considered by the bidders as the variable item; that if any adjustment were to be expected, it would be in this item, and not in the quantities of cut. He stated that in this case, where three bidders bid exactly on the data submitted, and one bidder is low, the Council has only two courses open to it--1. To award contract to OW bidder; or 2. To reject all bids. . Trustee Bank inquired directly of Llr. Peter Lametti as to whether the Company will bring suit against the Village if the bid is awarded in accordance with Village Engineer's and Village Attorney's recommendations; and 1.k. Lametti replied that he believes this award would be wrong and he has no alternative but to sue. 3/18/57 I Trustee Bank, explaining that because of the delay which any suit would cause, in delivery of the bonds, the Village has no choice but to reject all bids. He then moved that all bids be rejected, that Council re-advertise for bids to be taken on Friday, April 12, at 11:OO A.M., including the bids for the Lift Station, which had previously been scheduled for opening on April 5; that Council meet at 7:30 P.M. on April 12, to consider said bids. Tupa then moved for adjournment. adjourned at 6:20 P.M. Motion seconded by Tupa and carried. Seconded by Bank and carried. Meeting ,. Village Clerk IdINUTES OF THE REGULAR hEETING OF THE EDIWA ' VILLAGE COUNCIL, HELD MONDAY, APRIL 8, 1957, AT 7:30 P.M., AT THE EDINA VILLAGE HALL Members answering Rollcall were Bank, Dickson, Tupa and .Frank. Fronk presided in Mayor Bredesen's absence, hlayor Pro Tem Minutes of Meetings of March 8, 14 and 18, 1957, were approved as submitted, by motion Dickson, seconded by Bank and carried. STORM SE!'!ER IMPROVEIENT NO. 29- -ASSEESSlENT HEARING CONTINUED. Manager Hyde suggested t'nat this Hearing, scheduled for this evening, be continued to the regular meeting of April 22, to give Engineering Department further opportunity to study, inasmuch as two surveyors have been away from work. It was so moved, and audience was so informed. 1; PUBLIC HEARINGS ON PROPOSED IMPROVEIvENTS: Council did not meet in regular session on March 25, the administrative office had taken the libertiy of scheduling Public Hearings without Council's formal approval. It vas explained that, because the Tupa offered the following Resolution and moved its adoption: RESOLUTION PROVIDING FOR PUBLIC HEARINGS PROPOSED SANITARY SEWER AND VJATERMAIN IMPROVEMENTS b BE IT RESOLVED by the Council of the Village of Edina: report as to the feasibility of the proposed Sanitary Sewer and Fatermain Improvements described in the Form of Notice of Hearings set forth below, and as to the estimated cost of such improvements, said report is hereby approved and directed to be placed on file in the office of the Village Clerk. Edina Village Hall, Lo consider in public hearings the views of all persons interested in said proposed improvements. and purpose of said meeting in the official newspaper once a week for 'cc~o successive weeks, the second of which publications was not less than three days from date of said meeting, which notice is in substantially the following form, is hereby ratified and confirmed: 1. The Village Engineer, having submitted to the Council a preliminary 2. This Council shall meet on Monday, April 8, 1957, at 7:30 P.bl., in the 3. The Clerk's action in causing to be published notice of the time, place NOTICE OF HEARINGS ON PROPOSED IMPROVEMENTS- SANITARY SE'A'ERS , YIATERJdAIN, AND SANITARY SEI'JER -- AND 't'!ATERMAIN CONNECTIONS NOTICE IS HERECY GIVEN that the Edina Village Council will meet at the Village Hall on I.Ionday, April 3, 1957, at 7:30 P.LI., to consider the following proposed improvements, to be constructed under the authority granted by Llinnesota Laws of 1353, Chapter 395. The approximate cost of such improvements is estimated by the Village Engineer as szt forth below: ESTILATED COST: 1. COlJSTHUCTION OF VILLAGE SANITARY SEYER AND APPURTENANCES IN TE FOLLOYIING STREZT: France Ave. from existing Sanitary Sewer located 132' North of Halifax Ave.(Two Oaks Addn.) to 280' North $ 3,242.96 2. CONSTRUCTION OF VILLAGE SANITARY SEYER AND APPURTENANCES IN THE FOLLOKING STREET: France Ave. from Fuller Street to 190' N. and in France Ave. from Fuller Street to 360' S. of 17.55th St. FOLLOXNG STREETS: France Ave. from ViT.62nd St. to C.64th St.; Easement on North Line of Evans Addn. from France Ave. to Dodd Place; Chowen Ave.; Dodd Place $10,051.44 3. CONSTRUCTION OF VILLAGE SANITARY SEVER AND APPURTENANCES IN THE I $30,933.43 1;