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HomeMy WebLinkAbout19580113_regularI/ Id/ 38 t 41 MINUTES OF THE REGULAR MEETING OF THE EDINA VILLAGE COUNCIL, HELD MONDAY, JANUARY 13, 1958, AT 7:30 P.M., AT THE EDINA VILLAGE HALL. Rollcall was answered by Dickson, Kohler, Tupa and Bredesen, with Bank arriving during the Public Hearing hereinafter recorded. Minutes of the Regular Meeting of December 30, 1957, were approved by motion Tupa, seconded by Dickson and carried. CONTINUATION OF DECEMBER 9, 1957 PUBLIC HEARING ON PROPOSED ASSESSMENT FOR - TO ABATE DANGEROUS CONDITION. Manager Hyde reviewed for the Council the facts pertinent to this assessment, stating that assessment is being made on actual cost of filling the two lots, cost being divided equally between the two lots, at a cost to each lot of $1114.75. Mrs. Edith Waste, owner of Lot 5, supported her December 9th arguments against paying full assessment on grounds of having had her lot filled before work was done by the Village, by presenting several letters; one from a Mr. Bob Wight, 5342 Oregon Avenue, stating he had hauled in five loads; another from hM. Zappa Company, stating that by 1957 ks. Waste's. lot had been filled by the Company to 6" above street grade except for one corner of the lot which needed 50 to 75 yards of fill; another from a neighbor, Mrs. Scott, who stated she had noticed a bulldozer working on this lot "during the time the peonies were in bloom"; and by a statement by another neighbor, Mrs. Nelson, to the effect that the lot had been filled to above street grade. the lot had been filled above street grade before the Village began its operation, but after some discussion on the matter by Mayor Bredesen--who stated that in early summer of 1957, after receiving a call from a neighbor who was worried that some child would drown, he had measured the water with a stick and found from three to four feet of water in this lot--Mrs. Nelson stated that the lot-was filled after the work was all done. Mrs. Waste maintained that a mistake had been made; that the Village bulldozer had pushed some of the dirt already on her lot over onto the next lot. She presented copy of information secured from Village employee McNellis with regard to the amount of dirt hauled into the lots, which information checked well with the information read by Mr. Hyde from the work order on the project; however, it was noted that the information given by Mr. McNellis to Mrs. Waste was for only three days' hauling, whereas the work order covered five days ' hauling. IMPROVEMENT N0:454 - FILLING OF LOTS 4 AND 5, BLOCK 4, BROOKSIDE HEIGHTS ADDN. Mrs. Nelson's statement was at first interpreted to mean that VILLAGE DIRT TO GUNNAR JOHNSON LOT? Mrs. Waste asked the Council why it was possible for "Mr. Johnson'' to secure fill for his lot for nothing, while she had to pay a price for it. by the Council, Mrs. Jaste stated she had called Mr. Johnson--that she thought his first name was Gunnar--about the cost of the fill for his lot, and that he had told her he had gotten it for nothing; the lot being across the street from hers, at about Hollywood Road and Interlachen Blvd. Manager Hyde stated that he had authorized no hauls to this property; Engineer Zikan stated that if Village dirt hag been hauled to the property it was without authorization from him. Trustee Bank asked that, on behalf of the Council and the Manager, fhs. Waste furnish the Council with whatever information she might have on fill for this lot, in order that an investigation might be made and the matter cleared to the satisfaction of all concerned. - FREE ROAD FOR SOUTHDALE? Waste made a reference to "the free road the Village is building for Southdale", and the big pile of dirt on 70th Street. the Village has no intention of building a free road for Southdale; that the pile of dirt to which Mrs. Waste refers is a stockpile for general street maintenance, stored on Village property, as the result of the Lift Station vonstruction, and that it has nothing whatsoever to do with Southdale. During the discussion on the above matter, On questions - . I Also, during the discussion on the Waste lot, Mrs. It was explained to Mrs. Waste that - PUBLIC HEARING ON FILL (CONTINUED). the matter of the fill for Lots 4 and 5, Block 4, with !Sirs. Waste still insisting that some mistake has,been made, Eank moved that the Public Hearing be continued to the Meeting of January 27, that, tomorrow, the Engineers take levels on the two lots proposed to be assessed, and that IAanager Hyde make all additional investigation necessary to close this matter. carried After considerable further discussion on Motion seconded by Tupa and APPOINTMENT OF MAYOR PRO-Tad. as Mayor Pro Tem for the year 1958 was confirmed by common consent of Council. Mayor Bredesen' s appointment of Trustee Bank 1/13/58 $2 BANK RESOLUTIOiJS: adoption z Trustee Bank offered the following Resolution and moved its RESOLUTION DESIGNATING DEPOSITORY (FIRST EDINA HATIONAL, BANK) BE IT HEREBY RESOLVED that the First Edina National Bank, Edinct, IJinnesota. authorized to do a banking business in Xinnesota, be and hereby is, designated as official depository of the Operating Account and the Special .-issessrnent Refund Account for the Villags of Edina, County of Hennepin, IAinnesota, for the calendar year 1953. Lotion for adoption of the Resolution rms seconded by Dickson, anci on Rollcall there were five ayes and no nays, as frlayor Bank then offered the Eollovting Resolution and moved its adoption: RESOLUTION DESIGNATING DEPSSITORY FIRST SOUTHDALE NATIONAL BANK) BE IT HERBY RESOLVED that the First Southdale National Bank, Edina, EXnnesota, authorized to do a banking business in Llinnesota, be and hereby is, designated as official depository of the Public Funds of the Payroll Account of the Village or” Edina, County of Hennepin, IJinnesota, for the calendar year 1958. biotion for adoption of the Resolution was seconded by Dickson, and on Rollcall there were fivs ayes and no nays, as follo aye; Tupa, aye; anci Brsdesen, aye; and the And Bank offered the EollovJing Resolution and moved its adoption: RESOLUTION DESIGNATING DEPOSITORY (LIIDLAND NATIONAL BANK) BE IT’ HEREEY RESOLVED that Midland National Bank of Minneapolis, Minnesota, authorized to do a banking business in A{innesota, be and hereby is, designated as official depository of the Public Funds of the Investment Account of the Village of Edina, County of Hennepin, !.Iinnesota, for the calendar year 1953. F.:otion for adoption of the Resolution was seconded by Dickson, and on Rollcall there nere five ayes and no nays, as follons: aye; Tupa, aye; and Bredesen, aye; and the Re on, aye; Xohler, Discussion was had concerning the collateral pledged by the various banks for deposits on hand by the Village. moved its adoption: Dickson offered the following Resolution and RESOLUTION APPROVING ASSIGhEENT OF SECURITIES IN LIEU OF BOND FIRST EDINA NATIONAL BANK BE IT RESOLVED, that the Village Council of the Village of Edina approve the assignment by its depository, the First Edina National Bank of Edina, lhnesota, of the following securities, as good and sufficient collateral for the Village of Edina Public Funds deposited in said depositocy: !.lotion for adoption of the Resolution was seconded by Dickson, and on Rollcall U.S.A. Treasury Bonds 2-1/4$ due June 15,1962/59 ~200,000.00 there nere five ayes and no nays, aye; Tupa, aye; and Bredesen, aye; as !.I ay or Dickson then offered the following Resolution and moved its adoption: BE IT E 1/13/58 RESOLUTION APPROVING ASSIGNMENT OF SECURITIES IN LIEU OF BOND FIRST SOUTHDALE NATIONAL BANK 3LVED, THAT the Village Council of the Village of Edina approve the assignment by its depository, the First Southdale National Bank of Edina, Minnesota, of the following securities, as good and sufficient collateral for the Village of Edina Public Funds deposited in said depository: U.S.A. Treasury 3-3/4% Series D. Certificates due December 1, 1958. $100,000.00 Motion for adoption of Resolution was seconded by Tupa, and on Rollcall there were five ayes and no nays, as follows: Bank aye; Dickson, aye; Kohler, aye; Tupe, aye; and Bredesen, aye; and the Res ution was adop . h / Mayor Dickson offered the following Resolution and moved its adoption: RESOLUTION APPROVING ASSIGNMENT OF SECURITIES IN LIEU OF BOND MIDLAND NATIONAL BANK BE IT RESOLVED, that the Village Council of the Village of Edina approve the assignment by its depository, Midland National Bank of Minneapolis, Minnesota, of the following securities, as good and sufficient collateral for the Village of Edina Public Funds deposited in said depository: $15,000 City of Moorhead, Minnesota Certificates of Indebtedness of 1954, 1.90%, due February 1, 1964 $35,000 Independent School District No. 1 Rice County, Minnesota School Building 2.60% Bonds due January 1, 1964. Motion for adoption of the Resolution was seconded by Tupa, and on Rollcall there and were five ayes and no nays, as follows: Tupa, aye; and Bredesen, aye; and the Dickson offered the following Resolution and moved its adoption: SIGNATORY RESOLUTION FIRST EDINA NATIONAL BANK BE IT RESOLVED, that the persons holding office as Mayor, Mayor Pro-Tem, Manager, Engineer, Treasurer and Deputy Treasurer of the Village of Edina be, and they hereby are, authorized to act for this Village’in the transaction of any banking business with First Edina National Bank of Edina (hereinafter referred to as the bank), such authority including authority on behalf of or in the name of the Village from time to time and until written notice to the bank to the contrary, to sign checks against said account, which checks shall 6e signed by the Mayor or Mayor Pro-Tem, Village Manager or Village Engineer, and Village Treasurer or Deputy Treasurer. The Bank is hereby authorized and directed to honor and pay any check against such account which is signed as above described, whether or not said check is payable to the order of, or deposited to the credit of, any officer or officers of the Village, including the signer or signers of the checks. llrotion for adoption of the Resolution li!las seconded by Kohler, and on Rollcall there were five ayes and no nays, as ayc; Tupa, aye; and Bredesen, aye; Mayor And Dickson offered the following Resolution and moved its adoption: SIGNATORY RESOLUTION FIRST SOUTHDALE NATIONAL BANK BE IT RESOLVED, that the persons holding office as Mayor, Mayor Pro-Tem, Manager, Engineer, Treasurer and Deputy Treasurer of the Village of Edina be, and they hereby are, authorized to act for this village in the transaction of :]any banking business with First Southdale National Bank of Edina (hereinafter referred to as the bank), such authority including authority on behalf of or in the name of the Village from time to time and until written notice to the bank to the contrary, to sign checks against said account, which checks shall be signed by the hyor 1/13//5 8 or Eayor Pro Tern, Ceputy Treasurer. any check against not said check is Villags bIanager or Village Engineer, and Village Treasurer or such account which is signed as above described, whether or payable to the order of, or deposited to the credit of, any The bank is hereby authorized and directed to honor and pay officer or officers of the Village, including thr! signer or signers of the checks. Motion for adoption of Resolution was seconded by Kohler, and on Rollcall there were five ayes and no nays, as follows: aye; and the R And Dickson offered the folloxing Resolution and moved its adoption: S IGNATGRY RESOLUTION 1:IIDLAND NATIONAL BANK BE IT RESOLVED, that the persons holding office as lllayor, Mayor Pro-Tem, AIanager, Engineer, Treasurer and Deputy Treasurer of the Village of Edina be, and they hereby are, authorized to act €or this Village in the transaction of any banking business with Kidland National Bank of t4inneapoli.s (hereinafter referred to as the bank), such authority including authority on behalf of or in the name of the Village from time to time and until written notice to the bank to the contrary, to sign checks against said account, which checks shall be signed by the Mayor or Mayor Pro-Tem, Village Manager or Village Engineer, and Village Treasurer or Deputy Treasurer. The bank is hereby authorized and directed to honor and pay any check against such account which is signed as above described, whether or not said check is payable to the order of, or deposited to the credit of, any officer or of€icers of the Village, including the signer or signers of the checks. ?Jotion for adoption of Resolution was seconded by Kohler, and on Rollcall there were five ayes and no nays, as follows: ; Dickson, aye; Kohler, aye; Tupa, aye; and Bredesen, aye; and the Res Tupa offered the following Resolution and moved its adoption: RESOLUTION AUTHORIZING USE OF . FACSIMILE SIGNATURES BY PUBLIC OFFICIALS RESOLVED, That the use of facsimile signatures by the following named persons: ARTHUR C. BREDESEN, JR. - MAYOR XPRREN C. HYDE - VILLAGE K4NAGER GRETCHEN S. ALDEN - VILLAGE TREASURER on checks, drafts, warrants, warrant-checks, vouchers or other orders on public funds deposited in FIRST EDINA NATIONAL BANK, MIDLAND NATIONAL BANK OF MINNE- APOLIS, and in FIRST SOUTHDALE NATIONAL BANK be, and hereby is, approved, and that each of said named persons may authorize said depository bank to honor any such instrument bearing his facsimile signature in such form as he may designate and to charge the sane to the account in said depository bank upon nhich drawn, as fully as though it bore his manually written signature, and that instruments so honored shall be wholly operative and binding in favor or said depository bank although such facsimile signature shall have been affixed without his authority. IAotion €or adoption of Resolution was seconded by Bank, and on Rollcall there were five ayes and no nays, as follows: Tupa, aye; and Bredesen, aye; and the IGayor Village Clerk APPOIPdThENTS TO PLANNING CChY.lISSION. of Messrs. Leonard Ode11 and A. H. Hiatt to the Planning Commission for three- year terms expiring Cecember 31, 1960, which appointments were confirmed by service on the Commission. Mayor Bredesen announced his appointments common consent of Council; these being re-appointments of members of long *. I APFOINTf~ENTS TO PARK EOARD. re-appointed tlessrs. Cilliam Y/. Lewis and George l'!eatherbee to the Park i3oard, for three-year terms expiring December 31, 1960. Mayor Bredesen, with confirming consent of Council , I OFFICIAL PUELICATIOX. Publication for the yezr 1958, in accordance with terms of their letter of December 28, by motion Dickson, seconded by Bank and carried. Edina-lAorningside Courier vias designated as Official 1/13/58 - AUTHORITY TO TAKE BIDS: earliest possible time and after proper specifications therefor have been drafted, on the following: 1. A year's supply of Sand, Gravel and Rock; Road Oil and Tar; Gasoline, Diesel Fuel and Fuel Oil. Trustee Tupa inquired as to the matter of the rock crusher's supplying us with sand, gravel and rock; and Mr. Hyde replied that while the crusher can supply us with most grades it is necessary to purchase some of the finer grades. Ivlanager Hyde asked for authority to take bids at the , 2. Air Compressor. 3. Baaement Remodeling - Village Hall. Mr. Hyde told'the Council that there is no appropriation for this work in the 1958 budget because it was expected that the work would have been done in 1957; that because only one bid had been received in the fall of 1957 the Council had determined to postpone work until such time as better bids could be received. He stated that he would recommend remodling the space below the Council Chambers for a meter repair station, and the "North Wall" space below the general office for Court and Assessor. Bank's motion, that Manager be authorized to take bids for the items heretofore listed, was seconded by Tupa and carried. PUBLIC HEALTH NURSING REPORT FOR DECEMBER, 1957 was submitted, reviewed, and ordered placed on file. ON-SBLE BEER LICENSE FOR "STELLA'S BILTMORE INN RESTAURANT. Council that the plan is to serve 3.2 beer only with meals--that there will be no bar; that the new operator of this establishment also operates "Courtyard Cafe" and "Peter Pan'' at Southdale. to April 1, 1955, was seconded by Tupa and carried. Manager Hyde told the Dickson's motion that license be granted from January 1 l4€?S. JAYCEES DONATE "SCOTT AIR PAK" TO FIRE DEPARTh!ENT. fine gift to the Fire Departmtnt, Bank moved that a letter of appreciation be written to the hilrs. Jaycees on behalf of Council and Fire Department. Upon notification of this - 1958 MUNICIPAL-STATE AID STREET ALLOTMENT ANNOUNCED. Manager Hyde reported that the State has alloted Edina $20,300.00 for IvIaintenance, and $69,289.00 for Construction of its Municipal-State Aid Street System; that Village Engineer will soon be report- ing to Council on priorities for work; that it is thought that kvooddale Avenue will be the first to receive attention. AND BIDS - FUBLIC HEARIP?G$ON "JATEEWAIN IMPROVEMENT POSTPONED TO JANUARY 27. Clerk reported that , because of an early publication deadline at the Courier, relative to New Year's Day, it had been impossible to get publication of notice of Hearing and Bids for the proposed Watermain Improvement in Bernard Place, etc., in time for Hearing and Bids this evening. Bank's motion, that Hearing be postponed to January 27, was seconded by Dickson and carried. - PUBLIC HEARINGS AND BIDS FOR PROPOSED TRUNK WATERMAIN IMPROVEMENT AND SANITARY SEVER AND WATERhiAIN IMPROVEMENTS FOR NORTH 1/3 OF EDGEMOOR ADDITION. that Plans and Specifications for Trunk iVatermain have been prepared in accordance with previous discussions by the Council; that Engineer Arleigh Smith's plans have been received for installations in the North 1/3 of Edgemoor Addition; that the proposed agreement for the financing of sewer and water in Edgemoor has been received, revised by Village Attorney, and copy of revised agreement sent back to Developer Stow for his review. by calling Public Hearing and taking bids on January 27. Resolution and moved its adoption : Manager Hyde reported He recommended that Council initiate procedure for this work Kohler offered the following RESOLUTION PROVIDING FOR PUBL IC HEARING PROPOSED SANITARY SEWER AND IVATERMAIN -- IMPROVEMENTS I_ BE IT RESOLVED by the Council of the Villase of Edina: 1. The Viliage Engineer, having submitted to the Council a preliminary report as to the feasibility of the proposed Sanitary §ewer and Watermain Improvements described in the Form of Notice of Hearings set forth below, and as to the estimated cost of such improvement, said report is hereby approved and directed to be placed on file in the office of the Village Clerk. Edina Village Hall, to consider in public hearing the views of a11 persons interested in said proposed improvement. The Clerk is hereby authorized and directed to cause notice of the time, place and purpose of said meeting to be published in the official newspaper once a week for two successive weeks, the second of which publications is to be not less than three days from date of said meeting, which notice shall be in substantially the following form: 2. This Council shall meet on Monday, January 27, 1958, at 7:30 P.M., in the 3. SANITARY SELER AID XATERCAINS IS HEREBY GIVEN that the Edina Village Council will illage Hall on Monday, January 27, 1958, at 7:30 P.M., to meet at the Edina consider the following proposed improvements to be constructed under the authority granted by IvIinnesotz- Laws of 1953, Chapter 398. by the Village Engineer as set forth below: The approximate cost of such improvements is estimated EST. CGST 1. CONSTRUCTION OF VILLAGE 6" LATERAL WATERMAIN AND APPURTENANCES IN: Heatherton Trail from dest 70th St. to Alavelle Drive; Bristol Blvd. from Jest 70th St. to Mavelle Drive; Lynmar Lane from Kest 70th St. to Alavelle Drive; Sandell Avenue from Jest 70th St. to Lynmar Lane; Mavelle Drive from Heatherton Trail to Sandell Ave. 2. CCNSTRUCTION OF VILLAGE 12" TRUNK CL4TERKAIN AND APPURTENANCES : ;Vest 70th Street from existing main (550' East of France Avenue from !Jest 69th Street to 'Jest 70th Street , 3. CONSTRUCTION OF VILLAGE SANITARY SEVER AND APPURTENANCES IN: $40,284.00 IN: Cornelia Drive) to France Ave.; $40,450.00 Heatherton Trail from West 70th St. to hlavelle Drive; Bristol Blvd. from Jest 70th St. to I?lavelle Drive; Sandell Avenue from ;'lest 70th St. to Lynmar Lane; Phvelle Drive from Heatherton Trail to Lynmar Lane; And Lateral connections to the Trunk Sewer in Lynmar Lane from ;:est 70th St. to IJavelle Drive $26,000.00 The area proposed to be assessed for the cost of said improvements includes all lots and tracts of land as follows: For Improvements Nos. 1 and 3 above: All lots and tracts of land abutting the above described streets. For Improvement No. 2 above: described boundaries: which is 145' Jest of the centerline of France Ave.; thence Southerly to a point on the centerline of West 72nd St.; which point is 145' ;Jest of the centerline of France Ave.; thence .'lesterly along the centerline of West 72nd St. and its extension to the Southaest corner of the East 30 rods of the N.YJ.1/4 of the N.E. 1/4 of Sec. 31, T.28, R. 24; thence Northerly along the Vest line of said East 30 rods of the Nli;.l/4 of the N.E.1/4 to the centerline of Y!?st 70th St.; thence Easterly along said centerline to the point of beginning. All lots and tracts of fand within the folloning "Commencing at a point on the centerline of Yest 70th St., . GRETCHEN SI ALDEN Village Clerk Xotion for adoption of the Resolution was seconded by Bank, and on Rollcall there nere five ayes and no nays, as Eolloas: Tupa, aye; and Bredesen, aye; and the Re And Kohler offered the following Resolution and moved its adoption: RESOLUTION APPRGVING PLANS AN9 SPECIFICATIONS FGR PROPr3SED SANITAFtY SEVER AND I:'ATEFU.',AITd DAPROVEKENTS AND DIRECTING ADVERTISEKEKT FOR BIDS E€ IT RZSGLVED by tho Village Council of the Village of Edina: Improvements set forth in the folloiving Advertisement for Bids form, heretofore prepared by the Villaigc Engineer and now on file in the office of the Village Clerk are hereby approved. The Clerk shall cause to be published twice in the Edina-LIorningside Courier and the Construction Bulletin the following notice €or bids for said improvements: ADVERTISEIuiENT FOR BIDS 1. The plans and specifications for the proposed Sanitary Setver and Jatermain 2. SANITARY SEVER AND VIATERRAINS WTICE IS HEREBY GIVEN that sealed bids will be received and opened in the office of the Village hlanager in the Edina Village Hall, 4801 Jest 50th Street, at 11:OO A.I.I., Xondayc , January 27, 1958, and that the Edina Village Council ail1 meet at 7:30 P.M., on LIanday, January 27, 1958, to consider said bids, being for the folloxing : 1. CGXSTRUCTION OF ViLLAGE 6" LATERAL YJATERTIAIN AND APPURTEIdkRCES IX: Heatherton Trail from :Jest 70th St. to fkvelle Drive; Bristol Blvd. from ?!est 70th St. to LIavelle Drive; Lynmar Lane from %s-L 70th St. to Mavelle Drive; Sandell Avenue from 'Jest 70th St. to Lynmar Lane; Kavelle Crive from Heatherton Trail to Sandell Ave. 1/13/58 W 2. COIJ;TtLUZTiClzl OF VILLAGE 12'' TRUNK YIATEDI AIN AbD APPURTENANCES IN: Kest 70th Street ,?om existing main (550' East of Cornelia France Avenue from $Vest 69th Street to West 70th Street. Heatherton Trail from West 70th St. to Mavelle Drive; Bristol Blvd. from West 70th St. to hlavelle Drive; Sandell Avenue from West 70th St. to Lynmar Lane; Mavelle Drive from Heatherton Trail to Lynmar Lane; And Lateral connections to the Trunk Sewer in Lynmar Lane from West 70th St. to Mavelle Drive. i7ork must be done as described in plans and specifications on file in -the office of the Village Clerk. $15.00, which deposit will be refunded upon return of said plans and specifi- cations. No bids will be considered unless sealed and filed with the under- signed before 11:OO A.M., h[onday, January 27, 1958, accompanied by cash deposit, bid bond or certified check payable to the Village Clerk in the amount of at least ten percent of =mount of base bid. reject any or all bids. BY ORDER OF THE VILLAGE COUNCIL. Drive) to France Ave.; 3. C13NSTRUCTION OF VILLAGE SANITARY SEVdER AND APPURTENANCES IN: Plans and specifications are available for a deposit of The Council reserves the right to GRETCHEN S. ALDEN Village Clerk 3. Each and all of the terms of the foregoing advertisement for bids are hereby adopted as the terms and conditions of award of the contract for said improvement. Motion €or adoption of Resolution was seconded by Bank, and on Rollcall there were er, aye; Tupa, 'CONTRACT COhIPLETION DATES AND "RECOVERAELE DAMAGES" CLAUSE DISCUSSED. Zikan inquired of the Council, pursuant to past discussions, what its wishes were concerning "completion dates" and "penalty clauses'*. contract. specifications now include "liquidation of damages" clauses giving the Village the right to claim $150 per day recoverable damages (for staking, inspection and other services rendered) for completion after stated date. Discussion brought out the fact that Blacktopping and Curb and Gutter contracts give the Village more trouble than underground construction because weather conditions are more important in above ground construction; also, that the Village may be running the risk of getting higher bids by specifying completion dates and damages clauses. lvk. Zikan authorized to specify completion date for the h'ids proposed to be taken January 27, with the $150 liquidation of damages clause, and directed to work out a formula on the matter of recoverable damages for future contracts. Engineer Mr. Zikan suggested that the PRGPOSED ORDINANCE FOR 75-FOOT SETBACK FROM CENTERLINE OF FRANCE AVE. Hyde reported that Ordinance adopted December 30 covered only the Open Development District; that attorney will have ordinance covering other districts in the very near future. Manager , FINANCING OF SANITARY SELVER AND WATERMAINS FOR NEW DEVELOPMENTS. Peterson, developer of the Valley View Stables property, and Jack Boran, developer of Chapel Hills--both frankly stating that they cannot plead ignorance of the Council's policy requiring developers to finance sanitary sewer and watermain construction in new plats--asked that the Council reconsider its policy to the extent of' three-year financing of improvements in their developments. gentlemen told the Council they agree with its policy and feel that to protect Village financing this policy should be adopted in the future. their reason for asking for reconsideration is that they have found that they cannot be competitive with sellers of lots which have assessments payable--that purchasers compare the selling prices without regard to assessment liens--and that until the policy becomes general around the area it will be impossible for developers to secure financing for utilities installation. Vista (for which Village financing is contemplated inasmuch as it is an old plat) which is in the area of their new developments, as an example of an area with which they will be non-competitive unless they secure consideration from the Village. of lots in his plat, stating that he would like the Council to adopt a policy of short-term financing, with a guarnntee that the developer would pay in three years or before the house was sold. Both developers told the Council they had purchased their properties in 1954, before present developer-financing policy had been considered. Trustee Bank, explaining that it is not the Council policy to favor any one developer, suggested that a survey be made of recently filed Messrs. Roy H. Both They stated'that They cited LaBuena Mr. Boran entered his formal request for Village financing of 1/3 48 i 1/13/53 plats, (preliminaries filed bet:.leen July 1, 1955 and September 1, 1957) in order that Council mt7y give some consideration to financing of sewer tnd water therein, together with estimated costs on said improvements. filing of final plats for the above preliminaries be made a requisite for consideration in this matter, and that said finals be filed by thrch 15, 1953 in oFder to receive such consideration as the Council may deem it in the public interest to give. Trustee Bank was excused from the meeting at this time. HOPER REPORT REVIE!'ED. T:lanager Hyde reviewed for the Council the "Hoper Report" presented to the members of the Suburban Minneapolis Gas Utilities ,411'lance by C.H. Hoper 8 Company, Utilities Engineers, at a meeting held at the Village Hall an last Friday. It was suggested that the The conclusions of the report were recomnendations as follow: 1. That the various suburban communities form a definite organization on a long-term basis for the purpose of the regulation of rates for gas service v2ithin the suburban area and associated matters. That franchise paiyments be made to the suburban municipalities on the same basis as they are now being made to the City of hXnneapolis, taking credit for an equitable allocation of sales of interruptible gas. That uniform rates for gas service apply over the entire service area of tha tiinneapolis Gas Company; that it is the finding of Hoper S, Company that the present allocations of costs are not justified by the service conditions. Lii. Hyde reported that the members of the Alliance had accepted the report, that representatives of each community had been directed to take it to their Councils for study; and that lk. Hyde had been directed to appoint a committee of five to work out terms for a long-term organization such as that reconmended by Hoper. Also, that the Gas Company was most cooperative with Hoper in regard to present- ing their books for inspection, and that the Company has given some indication that they will consider nen franchises. (See next item for action). 2. 3. G,4S RATES INC3EASE PRGTEZTED. Company's January 9th notice of/$i$hdk!8s Increase; the increase being five cente per thousand feet of gas, to ta!:e effect for all billings on and after February 1, 1958. Xrc. Hyde stated he feels it is regrettable that present suburbcln franchises contain no provisions requiring reauests by thz Gas Company for rate increases, and reported that some of the communities represented at the Hoper Report meeting Friday are considering court action, based on the Hoper Report, to restrain the Gas Company from putting this increase into effect. Some considerable discussion was had, both on the Hoper Report and on possible action by the Council against the Gas Company pursuant to said report. ?.! n oe Hyde then presented Idinneapolis Gas I 1. Kohler moved that the Hoper Report be accepted, that Edina signify its willingness to join :.Jith other communities in a long-term association for the purpose of regulating rates, and that the Suburban L3nneapolis Gas Utillties Alloxance be cornmended for its excellent work. c arr i ed . Kotion seconded by Tupa and t' 2. protesting this increase in gas rates for the reason that the Hoper Repert indicates it to be discriminatory and excessive. carried. Tupa moved acknowledging receipt of notice of gas rate increase and formally idotion seconded by Kohler and REZCNIKG FOR SETERIPJAFU HOSPITAL. may amend its Zoning Ordinance to allow Veterinary Hospitals in a "'Community Store District"; that it is just a vestion of whether the Council wants this type of establishment in this district. Planning Director Swanson recommended that the ordinance be amended to allow Veterinary Hospitals in Cormunity Store and Commercial Districts upon SDecial Permit Only, said permit to be igsueci to operator and establishment, the condition being that sale of a business to a ne;/ wmer aould require a new permit; that permit would be issued at the address and change of address would require new permit. this recormendation was good, directing Village 9ttorney to prepare an amsndrnent to the Zoning Grdinance, and scheduling Public Hearing on said amendmsnt for January 27, 1955. Attorney Hasselquist reported that the Village Council was in agreement that I FRELELINmY PLAT AFPROVED. -SUBDIVISION OF LOTS 4 AND 5, NORldAhDALE TERRACE. T.k. John Qrost's Preliminary Plat of a subdivision of Lots 4 and 5, Normandale Terrace into three lots having an approximate front footage of 85 feet each, received Council's attention pursuant to Planning Commission's January 8th recormendation for approval. xith re-subdivision possible, Trustee Kohler suggested that, if possible, something be done to prevent building too close to a proposed subdividing street. setback, only to discover that, upon the dedication of a road behind his home, he had practically no back yard. He was informed that the Council has no jurisdiction over this matter because there is no proposed re-subdivision before it. by Tupa and carried. Upon noticing that these lots are 300 feet long, h'e cited the case of one owner who had built with a long front-yard Dickson's motion that Preliminary Plat be approved was seconded HAVKTNSON TERRACE FINAL PLAT APPROVED. recommendations for approval of "Hawkinson Terrace", a replat of Lots 20 through 27, Block 5, Normandale Second Addition, into lots of a greater width, was reviewed. with Commission's recommendations was seconded by Tupa and carried. Planning Commission's January 8th Dickson's motion that Final Plat be approved in accord ERICKSON ADDITION FINAL PLAT APPROVED. Council reviewed Planning Commission's January 8th recommendation for approval of Final Plat of this subdivision of Lots 10 thru 19 (except Lot 14 and 51/4 of Lot 131, Block 5, Normandale Second Addition, into lots of greater width. approved was seconded by Tupa and carried. Dickson's motion that Final Plat be REPLAT OF LOTS EIGHT THROUGH FOURTEEN, BLOCK ONE, WOODHILL ADDITION, FINAL PLAT APPROVED. for approval of this Replat, I. Tupa moved for approval of Final Plat in accord with Commission's recommendations. After review of Planning Commission's January 8th recommendation i4otion seconded by Kohler and carried. REQUEST FOR PERMIT TO ERECT SIX-FAMILY DWELLING ON LOTS 10, 11 AND 12, RLOCK 9% BROOKSIDE HEIGH'r_sz. (Zoning Request 2-58-1 1. Planning Commission's recommendation of January 8th, for approval of request, was reviewed; general plan of construction VJ~S presented; and bk. Hyde supplemented Planning Commission's report by stating that this location, fronting on Hankerson-Highway #169, is not good one-family dwelling property and it is felt that a multiple dwelling would be a good buffer. Kohler's motion, that Public Hearing on request be scheduled for Monday, January 27, was seconded by Dickson and carried. 4UIR WOODS PRELIMINARY PLAT APPROVED. recommendation for approval subject to dedication of the South 143 Ft. of Lot 5 to the Village, was reviewed, and Council concurred in Planning Commission's recommendation. Planning Commission's January 8th REZONING OF 5102 FRANCE AVENUE TO COblMUNITY STORE DISTRICT DISCUSSED. Council reviewed Planning Commission's recommendation against such rezoning (being the request of Mr. Jack Sims for rezoning for a Photographic Studio). reported that k. Sims is back in business on 50th Street, and no action was taken on request. It was (Zoning Request 2-58-31. TRUNK SEViER 55.7% COMPLETED: LIFT STATION IN OPERATION. Mr. Hyde reported that 'the Trunk Sewer C-1 is now over half complete; that, although the Lift Station is not yet completed in every respect it is in operation. REPORT ON PROPOSED ,4UDIT FOR YEAR 1957. the Village has already retained the firm of Ernst 8, Ernst to audit the records of the Village for 1957 he has become concerned about rumors of petitions being circulated for a State Public Examiner's Audit. Examiner's Audit would be a good thing, providing the Village is willing to pay the cost. the matter, those circulating the petitions are makingIstatements, many of which border on the slanderous, and that there is no semblance or' truth in some of the rumors going around. audit in any shape or form, Mr. Hyde suggested that perhaps a hearing could be called for the special purpose of hearing any complaints or charges that might be made. into the open, Mr. Dickson suggested that the Council call a hearing at the earliest possible date; and, after some discussion, Saturday, January 18, at 2:OO P.M., was set as the time and date for Hearing. Mr. Hasselquist had told the Council that a State Audit could be expensive, because, according to his interpretation, the law requires that all receipts and disbursements be checked. Manager Hyde reported that, because He stated that maybe a Public Mc. Hyde told the- Council that, from Ie!hat he has heard relative to In stating that he is not afraid of a state Agreeing that any charges or complaints should be brought out b CLAIMS APPROVED FGR PAYMENT. Tupa's motion for payment of Claims as per Pre- List dated January 13, 1958, as follows; was seconded by Dickson and carried: $ 9,644.16 Sewer Rental Fund ----- 3 205.41 Const. Fund 1 , 008.00 Improvement Funds 159.71 * 4,356.36 $20,302.37 ;later Fund Lqiuor Fund 15,195.81 . ' Generag- Fund..------- Park 8 Park Const. 19 , 722.92 PIR, Spec. Assess.,etc. 10.00 .- lkleeting adjourned by common conse at 10:50 P.M. c kJ&/ Village Clerk