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