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HomeMy WebLinkAbout19630114_regular1/14/63 NINUTES OF THE REGULAR MEETING OF THE EDINA VILLAGE COUNCIL, HELD MONDAY, JANUARY 14, 1963, AT 7:OO PIMI, AT THE EDINA VILLAGE HALL Members answering Rollcall were MacMillan, Rixe, Tupa, VanValkenburg, and Bredesen, MINUTES of the Meeting of December 28, 1962, were approved as submitted, by motion VanValkenburg, seconded by Tupa and carried, PUBLIC HEARING ON PETITION OF EDINA MORTUARY FOR REZONING POSTPONED TO JANUARY 28, Mavor Bredesen announded to the audience that the Public Hearing scheduled for this evkng on the petition of Edina Mortuary for the Rezoning f rom-Open Development District to Automobile Parking District of the tract known as 5101 Hankerson Avenue will be postponed to January 28, Postponement has been requested by petitioner, 1' PETIQ'J!ON.FOR SPECIA-L PERMIT FOR GASOLINE SERVICE STATION, AND FOR REZONING FROM COMMUNITY.STORE DISTR REFERRED BACK TO PLANNING COMMISSION, Planning Directop Hite recommenaed that the OFFICE BUILDING, LOT 1, BLOCK 1, STOW'S EDGEMOOR ADDN, _~_ - mararing schedulenor this evening on the petition of Skelly Oil Company be cancelled, and that the matter be referred back to the Planning Commission, stated that the proposal is not strictly in accordance with the Planning Commission's understanding of it, VanValkenburg's motion, that Public Hearing be cancelled, and that petition be referred back to Planning Commission for further study, was seconded by Tupa and carried, Matter to have been heard was petition of Skelly Oil Company for Special, Permit for Gasoline Service Station on the Easterly 110 Ft, of Lot 1, Block 1, Stow's Edgemoor, and €or Rezoning from Community Store District to Office Building District of the Westerly 90 Ft, of Lot 1, Block 1, Stow's Edgemoor, He COUNCIL GRANTS ZONING ORDINANCE VARIANCE AT 4517 CASCO AVENUE, Planning Director Hite presented Affidavit of Mailing of 'lNotice of Hearing" on the Petition of Mr, Alden Syverson for variance from the llside-yard" requirements of the Zoning Ordinance, to permit him to build a garage within 1.6 feet from his south lot line, at 4517 Casco Avenue. Notice was approved as to form and ordered placed on file, to said notice, Public Hearing on the matter was called, less-than-five-foot setback for garages is common in this block, that Mr, Sylsrerson has obtained asseht from the ownel? of the adjoining property; that the Planning Commission has recommended favorably on the request, at the Hearing, and no written objections had been received prior thereto, Tupa's motion, that the requested variance from zoning ordinance requirements be granted, was seconded by MacMillan and carried. Pursuant Mr, Hite explained that a No objections were reaised VALLEY VIEW ROAD TO REMAIN OPEN, View Road traf-ant to the action taken at its November 12, 1962 Meeting. during the first week in December, 1962, hour period, travelling both East and Vest on Valley View Road, averaged 2,117 vehicles; this as compared with some 10,000 vehicles before the "eduEationaL barricade" had been installed, and 1,000 vehicles per day during the time the street was barricaded. Valley View Road just West of Brookview Avenue to be 4,883 vehicles, and in front of the National Tea Store, 4,523 vehicles, vehicular traffic on W,6Oth Street had dropped back to an average of 315 vehicles (it had reached 1500 during period of Valley View barricade), and that Concord Avenue traffic averaged some 1700 vehicles in December, which compared with 2600 during the Valley View barricade. Stating that the Crosstown Highway traffic averaged some 6,928 vehicles per day during the December count, Mr, Hite told Council he believes it is obvious that the barricading of Valley View Road has had a very definite impact on traffic; that the December count reflected the Christmas traffic generated by Southdale--which should be some 10 to 15% above normal traffic; and that while Valley View traffic East of Highway LOO is still greater than that on a normal residential street, it should decrease further as soon as the Cross Town is open as far as County Highway No, 18. He pointed out, too, that the area in the immediate vicinity of Valley View Road from Wooddale Avenue to Highway 100 generates considerable traffic, which accounts for part of the 2,117 vehicle count; and that an estimated 2/3 of the count is East-Side to Nest-Side of Edina and back, present method of control on Valley View Road at Highway LOO, the signal is now a two-phase signal, with the greatest proportion of time given to Highway LOO movementsI Men's Association, presented a petition asking that left turns from Valley View Road East, onto Highway 100, be permitted, now permitted but that the sign at Valley View Road and Highway LOO is placed at such an angle that it is confusing, (Note: Council once again considered the matter of Valley Planning Director Hite presented traffic counts taken East of Highway LOO Counts showed that traffic during a 24- The December count showed the average 24-hour traffic on He added that this count showed Mr, Hite recommended that there be no change in the He pointed out that Mr. James Larken, attorney for the Valley View Business Mr, Hite reported that these turns are I present treatment of this intersection axlows both right and left and Valley View Road East, View Road). VanValkenburg 2 1 /14/6 3 turns onto Highway.100 from both Valley View Road Vest but prohibits left turns from Highway 100 onto Valley then moved that the Council continue the same controls 'as are now in effect at the intersection of Valley View Road and Highway 100, and that sign be relocated, if possible, to eliminate confusion concerning left turn onto Highway 100 from Valley View Road East. carried . b¶otion seconded by MacMillan and UNIFORM GAS FRANCHISE DECISION,AGAIp DELAYED. -0 the much discux Unifom Gas Franchise , suggesting that in delaying a decision the Council is evading its responsibility. Rixe reported he feels at a disadvantage in trying to famiEiarize himself with the franchise because he has not been exposed to the many discussions and meetings the other members have attended; but that he has one very basic difference with the terms of the franchise, in that we are being asked to sign a 20-year franchise without recourse, should the State determine a formula for "fair value of the utility plant'l more favorable to gas users than that developed by the franchise. He added that the ~anchise formula, which is a fixed principle in the franchise and cannot be changed for 20 years, recognizes a theoretical investment rather than actual investment, and that, some time ago, advisers to the Suburban Gas Agency had reported that the use of the rate base advocated by Martin Toscan Bennett Associates' Analysis (gross investment in plant less depreciation, contributions in aid o€ construction, and customers' advances for construction) would produce about $800,000 less in revenue for the Company than the present formula--that this would mean sane 4% difference in rates. Mr. Kenneth persons of Minneapolis Gas Company stated the Company has felt that "fair value" as applied in the franchise is recognized by the State of Minnesota by decisions and statutes insofar as plant value in other types of utilities in the State is concerned. be secured from the Village Attorney as to whether Elinnesota is committed to the "fair value principle" of rate making, and also a canparison of the investment formula being done in other utilities in this state, for him to understand why-this 20-year franchise cannot be open for review every five years. a five-year, rather than a 20-year contract; that this is of utmost concern to the Company relative to financing, because its bonds are issued for 20 years, stated that, if the regulatory principles of the franchise are sound, the franchise can well remain in force for 20 years without just complaint by the users--that the main concern is that these principles are sound. franchise does give the users an advantage they did not enjoy under individual franchises because users will have an engineer, qualified to challenge rates should khis become necessary, whereas, under individual franchises, it is most difficult*rfor one munici- pality to fight the Company. Mr. David Hanson, 6104 Westridge Blvd,, and also a Gas Company employee, spoke in favor of the "fair value1' fomula as contained in franchise, saying that it will be found upon investigation that the trend is more and more toward this method, especially during this inflationary period. Agreeing with Mr, Rixe, Mr. Tupa moved that Manager Hyde be directed to work with Village Attorney Hasselquist in securing the information asked by Mr. Rixe, and that the matter of the Uniform Gas Franchise be laid over to the first meeting in February, being q&-bruarJ4*1&2.. Motion seconded by Rixe and carried. Mayor Bredesen asked that Council - .--_ ..a Trustee I Mr, Rixe asked, however, than an opinion of this franchise with both what is being done in other states and what is Trustee Tupa reported it is difficult t4r. Persons stated that, if this is done, the franchise actually becomes Mr. Persons I Trustee Macblillan said he feels that the COUNCIL AfAKDS- CONTTZP_CT FOR GOLF COURSE CONSTRUCTION AT HAYS FARM: DELAYS ACTION ON IRRIGATIQN- SYSTEM:. .J?EJECTS PLANTIjlG BIDS . reviewed for Council t-edule f-elopment of the Hays Farm Golf Course, which,if it is to be kept, makes it necessary that the preliminary earthwork, etc., be begun at this time. This was in the form or review, having been discussed in detail during the meeting of October 22, 1962, presented a Tabulation of Bids taken January 9, 1963, on (Proposal No. 1)-BASIC EARTH- WORK, SODDING AND SEEDING: (Proposal No, 2)-IRRIGATION SYSTEM: and (Proposal No. 3)- PLANT MATERIALS. Tabulation of Bids on Proposal No, 1-BASIC EARTHWORK, SODDING AND SEEDING, showed receipt of eight bids, low bid being that of Carl Bolander at $580,842.60, as compared with Engineer's Estimate of $467,519r00r Second low bidder was J.A. Danens and Son at $612,457.75; third low, Ryan, Inc. , ate $675,666.49; and high bidder, Swanson Excavating Co. at $999,600.38. Tabulation on Proposal No, 2-IRRIGATION SYSTEM, showed receipt of four bids, T.D. Gustafson Co. being low bidder at $116,000; compared with Engineer's Estimate of $140,000 , Newt low bidder was Tor0 Manufacturing Company at $122,263,95; and third low was Astleford E Van Buskirk at $127,263.95, High bid was that of Brown E LeGuil, Inc, at $200.,000. Per1 was low bidder at $38,148.00, compared with Engineer's Estimate of $50,000. Minnesota Tree and Garden was second low at $53,992.17, and Park Nurseries third low, at $67,384.37. Mrmtevens , Park- airman, - Mr. H. Robert Diercks, new Golf Course Chairman, then Tabulation on Proposal No, 3-PLANT MATERIALS, showed receipt of six bids. E,Grant Backman's was high bidder at $89,482.50. /- 3 1 /14 /6 3 Mr., Direcks reported that the Board has negotiated with the low bidder, Carl deletions, as set forth in detailed recommendations by Harrison, Brauer E Rippel. Bolander & Sons, who has agreed to take this contract with certain revisions and He told Council one of the revisions is the reduction in the depth to which the pond is proposed to be dredged, it having been proposed in the specifications to dredge to a depth of ten feet, whereas, under revised proposal, it will be dredged to a depth of only four feet. He recommended award of contract for Proposal No, 1 to Carl Bolander E Sons at a negotiated bid of $438,175.60; stating that the Park Board has satisfied itself that revisions and deletions will not change the quality of the course--and also that the final contract cost may actually be higher than the $438,175,60 because the quantity o€ the earthwork cannot be firmly determined, whereas, by the same token, the contract may be less than this total; that the Board wants to emphasize this, Mayor Bredesen stated it has been suggested to him that this time of year may not be the most economical time to begin this work; that State and County have suspended operations on their highways in this area, Mr, Donald Brauer of HBR replied that work on County Road No, 18 and Interstate Highway No. 35 is continuing; that on the Golf Course site the work cannot be done until next year if we don't start this winter; that earth-moving machines cannot be gotten into the site in the summer unless fill is extended out to itr Mr. Bredesen inquired of a representative of Carl Bolander & Sons Coo if thepe is a substantial amount in his contract to take care of contingencies because of a lack of engineering information; if he would have bid less had he had more bovings, Mr, Bolander replied that there is no lack:-of engineering information, but that there is no way of telling about work on a peat bog such as this; that more borings would have made no difference in his bid because "you always have the peat". On Proposal No, 3-PLANT MATERIALS, Mr, Diercks recommended that Council reject all bids, and re-advertise on revised specifications, less extensive than those just bid on, specified is New Eng1and;'to be brought in here from New England, Mr, Brauer replied that the planting plan specified plants native to Minnesota, but that most of the plants are not carried by local nurseries because they do not have common "back yard" useage, Mr, Tupa asked about the opinion of the University of Minnesota on the planting plan; was informed by Mr, Rosland that Dr. Schneider of the University has found it to be a very fine plan. Mr, Brauer added that the highest priced items on the list are trees sold everyday in nurseries in this neighborhood-large trees, which are necessary as protection or markers on the fairways , No. 1 to Carl Bolander E Sons No, 2, unfiL further investigation can be made by the Board, and for rjection of bids on Proposal No. 3. Tupa's motion, accepting Park Board's recommendations, making award on Proposal No. 1 to Carl Bolander G Sons on negotiated bid of $438,175.60, delaying action on Proposal No, 2, and rejecting a11 bids on Proposal No, 3, was seconded by MacMillan and carried, , lj , Mayor Bredesen asked if it is true that the shrubbery Mr. Diercks told Council the Park Board is asking, now, for Award of ProposaJ, on negotiated bid, for delay in action on Proposal DELEGATION PROTESTS ABANDONMENT OF 44TH STREET BUS, was present to protest either abandonment or curtailment of bus service to 44th and Brookside, road and Warehouse Commission for cmplete discontinuance of bus service through Morningside on W. 44th Street, because of street condition and because of pending storm sewer construction; that the Bus Company has suggested continued operation of four buses udring each of the two daily rush hours, and discontinuance of all other service, Mrs, E. D, Parsons, Jr,, Brookside Terrace, told Council there are quite a number of people who use the bus during the daytime; Miss Ruth Dennis, 4412 Brookside Avenue, reported she has no car and will be entirely without transportation if the line is discontinued; that it is far too expensive to take a cab; that there are usually four or five passengers on the east-bound bus by the time it reaches France Avenue; Mrs, E.0, Berg, 4524 Brookside Avenue, stated she takes the bus twice a day, there are usually ten or fifteen passengers on it; Mr, RollJn Baker, 4609 Cascade Lane, suggested that discontinuance of daytime service will not help Mornings2de;that ten to fifteen people use this bus during rush hours; Mr, E,D. Parsons, Jr,, suggested that route be changed to encompass larger territory by making loop from 50th & France, out 50th to Brookside, then Brookside to 44th, then 44th to Wooddale, then Wooddale to 50th, then back to France. suggested that Railroad and Warehouse Commission be asked to conduct a Public Hearing before making a decision on Brookside's request, and it was so ordered, Delegation requested Edina Council's support in keeping line in operation, FIRE ALARM SYSTEM INSTALLATION, APPROVED: FIRE DEPARTMENT TO CONTRIBUTE TOWARD COST. Xssistant Fire Ch-cNeLLiS, asked Council. approval for installation of a Fire Alarm System whereby all members of the Volunteer Fire Department, and the members of the paid department not on duty can benotified simultaneously of a fire, The alarm system would be installed by Northwestern Bell Telephone Company, at a cost of about $80 a month; would take four months to install, Mrr McNellis told Council that the Fire Department wives have had a "calling chain" for many years, so that all members might be notified, but that this precludes notifying anyone whose line is busy, Under this proposed system, the Dispatcher would give the 1 fire information to a message recorder. A delegation of Edina residents Manager Hyde reported that Morningside has made a request to the Rail- Manager Hyde 3 The recorder will then ring each fireman's .. 4 I 1/14/63 I telephone simultaneously. will notify him a fire call is coming in, and he will then hang up and receive the fire call. Mr. NcNellis stated he had investigated several types of alarm system; feels this is the most economical and the best. costs $200 per unit, which , with 30 units contemplated , would be completely pro- hibitive. explanation of the system. there is nothing in the Village budget for installation of the system this year, and has voted to contribute sufficient funds for 1/2 year's cost-which, because the installation will not be complete until four months after order, should cover the cost for that part of 1963 in which the system is in operation. installation of the system, with commendation to the volunteers for offering to contri- bute toward it, VanValkenburg's motion,' that the Village Council approve the insta1J.a- tion of the system, with thanks to the Fire Department for the part they are doing toward this installation, was seconded by Tupa and carried. representatives were queried as to future costs; explained that the system must be in for five years before monthly rates decrease. If a fireman's phone is busy, a beep tone on his line He added the radio type alarm Two representatives of Northwestern Bell were present to elaborate Mr. McNellis told Council the Fire Department realizes Mr. Hyde recommended Telephone Company RURAL HENNEPIN PUBLIC HEALTH NURSING SERVICE REPORTS FOR NOVEMBER AND DECEMBER, 1962, were submitted, reviewed, and ordered placed on file. RAILROAD AND HAREHOUSE COMMISSION'S NOTIFICATION OF HEARING TUESDAY, FEBRUARY 5, 1963, 9F30 A.M., on petitions of Minneapolis Transit Company and St.Pau1 Transit Company for fare increase to straight 25C cash fare for adults and 15e cash fare for students, was submitted to Council. No action taken, BUSINESS GROUP CONTRIBUTES $200 FOR POLICE TRAINING. In reading First Edina Bank's letter of December 24, 1962, transmitting a check for $200 as the contribution from Hove Company, Edina Pure Oil, Clancy Drugs and First Edina National Bank to the Village Employee Fund, Mr. Hyde explained that for some years, now, this group of businessmen has been responsible for a substantial gift to the public safety depart- ment; that, in 1961, it was a 35-mm camera and tote case; in 1960, a tape recorder, and in 1959, a 4x5 press type camera; that,.in 1962, because the department is now supplied with this special type equipment, the suggestion was made that the Village budget does not always cover the cost of police training at the special institutes- NW Traffic Institute, FBI School, etc.; and that this contribution has been given as an aid in providing special police training. group deserves commendation for its public spirited interest and its generosity. VanValkenburg's motion, that the Business Group's contribution of $200 , toward police training, be accepted with the thanks of the Council, and that the group be commended for its interest in furthering the progress of the public safety department, was seconded by MacMillan and unanimously carried. He told Council he believes the business COUNCIL PERMITS SUBDIVISION OF LOT 5, BLOCK 3, PARKWOOD KNOLLS. Planning Director hite reported the Planning Commission's favorable recommendation on the reauest of Motec Industries, Inc., for division of Lot 5, Block 3, Parkwood Knolls Addition into two parts in order that part of said lot, together with Lot 6, Block 3, Parkwood Knolls Addition, may be conveyed. following Resolution and moved its adoption: After discussion, VanValkenburg offered the RESOLUTION APPROVING DIVISION OF LOT 5, BLOCK 3, PARKWOOD KNOLLS ADDITION INTO TWO TRACTS WHEREAS, petition has been filed for approval of division of Lot 5, Block 3, Parkwood Knolls Addition into tracts, described as follows: (1) That part of Lot 5, Block 3, Parkwood Knollpp@#n&Erfg a point in the Easterly line of said Lot 5, distant 103.65 feet ou heast corner of said lot; thence Southerly along the Easterly line of said Lot 5, a distance of 103.65 feet to the Southeast corner of said lot; thence Southwesterly along the Southerly line of said Lot 5, a-distance of 186 feet, more or less, to the Southwest corner of said lot; thence Northerly along the Westerly line of said Lot 5, a distance of 75.90 feet to a point in said Westerly line; thence Northeasterly in a straight line to the point of beginning:. (2) Lot 5, Block 3, Parkwood Knolls, Except that part thereof described as followp$p&gigg at a point in the Easterly line of said Lot 5, distant 103.65/ ee rom Easterly line of said Lot 5, a distance of 103.65 fee of said lot; thence Southwesterly along the Southerljt h he of said Lot 5, a distance of 186 feet, more or less, to the Southwest corner of said lot; thence Northerly along the Westerly line of said Lot 5, a distance of 75.90 feet to a point in said Westerly line; thence Northeasterly in a straight line to the point of beginning', rom tEe Southeast corner of said lot; thence Southerly along the to the Southeast corner \ L, QJ 1 /14/6 3 WHEREAS, it has been determined that the division of said Lot 5, Block 3, Parkwood Knolls Addition into two parcels is solely for the purpose of combining said two parcels with the respective two adjacent parcels, being the combination of (1) as described in this resolution with Lot 4, Block 3, Parkwood Knolls Addition, and o€ (2) as described in this resolution with Lot 6, Block 3, Parkwood Knolls : ' NOW, THEREFORE, BE IT RESOLVED, by the Village Council of the Village of Edina that this Council approve the division of Lot 5, Block 3, Parkwood Knolls Addition into two parcels) as hereinbefore described, ia hereby approved. Motion for adoption of the Resolution was seconded by Rixe, and on Rollcall there were five ayes and no nays, as foLlows: COUNCIL APPROVES CONVEYANCE OF PORTION OF "VACATED WINDSOR AVENUE" BUT CONTINUES mTRIC!ONS ESTABLISHED BY VACATION PROCEEDINGS. Planning Director George Hite presented to the Council the request of VanValkenburg and MOSS, Attorneys, on behalf of Mr. Alden Le Allen, 5300 Windsor Avenue, for permission to convey certain portions of Vacated Windsor Avenue" to two of his neighbors+ Vacation Proceedings, title to a11 of the vacated street transferred to Lot 1, Block 6, WestChester Knolls, owned by Mr, Allen, Mr, Allen's difficulty in making transfer results from the Village Council's action some years ago, prohibiting the division of an unplatted tract of less than 2-1/2 acres without filing a plat therefor. In addition to selling part of Lot 1, Block 6, Westchester Knolls, together with part of the vacated street, Mr. Allen wishes, now, to transfer a portion of original Lot I, Block 6, Westchester Knolls, together with a portion of Vacated Windsor Avenue to the owner of Lot 5, Block 2, Richmond Hills 2nd Addition (this property being contiguous to said Lot 5, B10ck.2)~ and to convey to the owner of Lot 4, Block 2, Richmond Hills 2nd Addition that portion of the vacated street which is contiguous to his lot, of these proposed conveyances will result in a building lot because neither tract proposed to be conveyed has street frontage. to the conveyances as proposed, MI-, Hite added that said conveyances should contain the restrictions on the land imposed by the Village at the time the street was vacated; ire,, I, all utilities located in said street, and 2. and control over placing of any fill or grading of this property by owners. stated, further, that should Council permit conveyances as requested, newly conveyed properties should be combined with their respective platted lots, to form three tllegally described" parcels Tupa' s motion for approval in principle of conveyances as requested, with the understanding that conveyances will contain land restrictions imposed by Village at time of street vacation, was seconded by Rixe and carried, with Trustee VanValkenburg not voting. COUNCIL PERMITS DIVISION OF LOT 39, BLOCK 1, SOUTH HARRIET PARK, UPON SUBMISSION mDICAqPN FOR ROAD. ms actyon of January 9, approving the division of Lot 39, Block 1, South Harriet Park, into two lots, with the East portion to have a facing on "Gorgas Avenue Extended". subdivision of Lots 38 and 39, Block 1, into four lots, with two of these lots to face on W.62nd Street-and subsequent questionnaire and hearing which informed Commission that owners of the deep lots in Block 1, South Harriet Park Addition favor the ultimate extension of Gorgas Avenue south from W.52nd Street approximately as far as Ii.53rd Street. block any extension of Gorgas Avenue, Commission has gone on record as favoring subdivision of Lot 39 only, at this time-and that subdivision is to be contingent upon a dedication of 25.feet for the future Gorgas Avenue right-of-way. Easterly portion of the subdivided lot can then have an East facing, onto this street dedication, but can secure utilities from W.52nd Street. Lot 38 would have to delay subdivision of his lot until Gorgas Avenue extended is in, At the time of the Mr, Hite reported that nei-kher Stating that there is no objection Perpetual. easement to Village foG Care and maintenance of Village right of direct supervision He Mr, Hite explained in detail the Planning Commission's action resulted from a petition for Because subdivision of Lots 38 and 39 as petitioned would The 'The owner of TRUSTEE TUPA was excused from the meeting while discussion was being had on the foregoing matter, and before vote was taken thereon. VanValkenburg moved that Council permit subdivision of Lot 39, Block 1, South Harriet Pavk into two lots, with the limitation that a dedication for the Easterly 25 feet of Lot 39, Block 1, for street purposes, must be received before building permit is issued on the East portion of said subdivided lot. Motion was seconded by MacMillan and carried, 1/14 /6 3 PRELIMINARY PLAT FOR PARCEL 3000, SECTION 7, TOf?NSHIP 116, RANGE 21, APPROVED. Planning Director Hite presented Preliminary Plat showing subdivision of the above named tract into two lots, recommended that Preliminary Plat be approved, Tract, before subdivision, is described as the "South 366 Ft, of North 855 3/35 Ft. of West 350 Ft, of NE 1/4" of Section 7. VanValkenburg's motion, that Preliminary Plat be approved, was seconded by MacMillan and carried. It is owned by L.A. Dahlquist, COUNCIL RELEASES STORM SEWER EASEMENT IN BROOKLINE FIRST ADDITION. presented Quit Claim Deed for "The North 5 feet of Lot 12, and the South 5 feet of Lot 13, Block 4, "Brookline 1st Addition", running from the Village of Edina to C.K. Katter E Sons, Inc,, explaining that this deed releases a Storm Sewer Easement over this property, in return for a like easement over certain properties in Block 4, Brookline First Addition, this storm sewer easement and direct Mayor and Clerk to sign deed, motion approving release of storm sewer easement and directing signature of quit claim deed by proper village officials was seconded by MacMillan and carried. Mr, Hite He asked that Council approve release of VanValkenburg's NEW STSET LIGH-TING SYSTEM RECOMMENDED FOR COUNTRY CLUB AREA, Megner, in a written memorandum to Mr, Hyde, recommended installation of a new Village Engineer Ornamental Street Lighting System for the Country Club area, Estimated Cost of new system would be $53,174.55, for assessable cost of $89.22 per lot, for twenty- foot high aluminum standards with prismatic luminaire, .Mr, Wegner told Council that consideration of a new system is essential because of the condition of the present system; that both standards and underground have several points where the system is grounded to water pipes and hydrants; there is no adequate record of the present buried distribution system, and many of the standards are loose on their basis with no possible means of tightening-some so loose that when shaken by hand the globes can be dislodged from their fastening and could result in a serious bodily injury, Mr. Hyde told Council that administration would like to circularize property owners in this area, and then have a public hearing if there is sufficient sentiment in favor of the proposal, Manager given authorization to circularize Country Club area relative to this proposal, MANAGER AUTHORIZED TO recommend;iLdthat the Vilze employ an architect to design plans for the Public Works Garage, adding he would like to have authorization, if possible, to secure someone at once, to prepare preliminary plans and estimates of cost. discussion was had, and MacMillan moved for authorization for the Village Manager to designate an architect forMgxpDaration of preliminary plans and estimates of cost for Public Vorks GarageJ wa&'Eecohd&d By VanValkenburg and carried. HONDO ADDITION UTILITIES AGEEMENT APPROVED, December 31, 1962, was presented by Mr. Hite for Council approval, it being the standard utilities agreement specified by ordinance, agreement be signed by proper village officials was seconded by MacMillan and carried. RETAIN ARCHITECT FOR PUBLIC WORKS GARAGE, Mr, Hyde Some This utilities agreement, dated VanValkenburg's motion that ATTORNEY ADVISES COUNCIL MAY LEGALLY DENY ACCESS TO SHERWOOD ROAD FROM OVERHOLT PROPERTY. employees for access to the Overholt property from Sherwood Road traffic hazard of turning left into this property from Highway #169), the protests of the Richmond Hills Neighborhood Association that such access on Sherwood Road would create an additional hazard at the corner of Sherwood Road and Highway 169, and an additional hazard to the children playing at the Sherwood Road playgDound-- and the Councilrs action denying petition for access. was pursuant to the opinion of the Overholt Attorney, that access to Sherwood Road cannot be denied--and the opinion of the Village Attorney, based on reaearch of Mr, Thomas Erickson of Dorsey, Owen, Marquart, Windhorst and West as detailed in a memorandum to Manager Hyde that--lfwe are of the opinion that the Village Council can legally deny access to Sherwood Road from the Overholt property." Hasselquist told Council, "If it is necessary for purposes of safety to deny this access, you have the power to do so; if you feel that by not granting access the hazard is greater than that by granting access, you can grant such access. MacMillan stated he had understood the Police Report of some months ago to state that by having a driveway on Sherwood Road about 50 feet from the intersection of Sherwood and Highway #l69, the hazard on #169 would be appreciably decreased, and the hazard on Sherwood not appreciably increased, this report presupposed the closing of the Highway #169 driveway, whereas he is of the opinion Mr, Overholt wants two separate parking lots for his building--one with Sherwood Road access, and the other with #169 access, Manager Hyde directed to talk the matter over with the Richmond Hills Neighborhood Association before Council is asked to take any further action, Discussion was had on the matter of the petition of the Overholt Building (to eliminate Discussion, this meeting, Mr. Mr. Mr, Hite reported he believes i ' 1/14/63 VAN VALKENBURG TO BE MAYOR PRO TEM'FOR 1963, Trustee VanValkenburg as Mayor Pro Tem for the year 1963 was confirmed by motion MacMillan, seconded by Rixe and carried, Mayor Bredesen's nomination of OFFICIAL DEPOSITORIES FOR VILLAGE FUNDS FOR 1963 DESIGNATED. formal r-ons necessary for designation of Official Depositories for year Clerk presented 1963, VanValkenburg offered the following Resolution and moved its adoption: RESOLUTION DESIGNATING DEPOSITORY (FIRST EDINA NATIONAL BANK) BE IT HEREBY RESOLVED that the First Edina National Bank, Edina, Minnesota, authorized to do a banking business in Minnesota, be and hereby is, designated, . as an Official Depository for the public funds of the Village of Edina, County of Hennepin, Minnesota, for the period of one year from this date. Motion for adoption of the Resolution was seconded by Rixe, and on Rollcall there VanValkenburg offered the following Resolution and moved its adoption: SIGNATORY RESOLUTION (FIRST EDINA NATIONAL BANK) BE IT RESOLVED, that the persons holding office as Mayor, Manager, and 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 o€ 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 will. be signed by the Mayor, Manager, and Village Treasurer. The Bank is hereby authorized and directed to honor and pay any check against such account which is signed as above described, whether QF not said check is payable to the order of, or deposited to the credit of, any officer OD officers of the Village, including the signer or signers of the check. Motion for adoption of the Resolution was seconded by Rixe, and on Rollcall there were four ayes and no nays, as follows: MacM aye; Rixe, aye; VanValkenburg, VanValkenburg then offered the following Resolution and moved its adoption: RESOLUTION APPROVING ASSIGNMENT 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, 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 BONDS - 3% due 2-15-64 U.S.A. TREASURY 4-3/4% SERIES A NOTE Due 5-15-64 $200,000 '00 $500,000 ,OO Motion for adoption of the Resolution was seco were four ayes and no nays, as follows: MacMi VanValkenburg then offered the following Resolution and moved its adoption: RESOLUTION DESIGNATING DEPOSITORY (FIRST SOUTHDALE NATIONAL BANK) BE IT RESOLVED that the f'irst southdale NatlonaL Ba: nK, kidina, Minnesota, authorized to do a banking business in Minnesota, be and hereby is, designated as an official depository of the Public Funds of the Village of Edina, County of Hennepin, Minnesota, for the period of one year from this date, aye; VanValkenburg, A 1/14/63 VanValkenburg offered the following Resolution and moved its adoption: -w SIGNATORY RESOLUTION FIDELITY BANK AhD TRUST COMPANY BE IT RESOLVED, that the persons holding office as Mayor, Manager, and Treasurer Village in the transaction of any banking business with Fidelity Bank and Trust Company of Minneapolis, Minnesota (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 will be signed by the Mayor, Manager, and Village Treasurer. 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. B f the Village of Edina be, and they hereby are, authorized to act for this The Bank is hereby authorized and directed to honor and pay And VanValkenburg offered the following Resolution and moved its adoption: RESOLUTION AUTHORIZING USE OF FACSINILE SIGNATURES BY PUBLIC OFFICIALS RESOLVED, That the use of Facsimile Signatures by the following named persons: Arthur C. Bredesen, Jr, - Mayor Warren C, Hyde Gretchen S, Alden - Village Manager - Village Treasurer on checks, drafts, warrants, warrant-checks, vouchers or other orders on public funds deposited in FIRST EDINA NATIONAL BANK, FIRST SOUTHDALE NATSONAL BANK, MIDLAND NATIONAL BANK OF MINNEAPOLIS, and FIDELITY BANK AND TRUST COMPANY OF MINNEAPOLIS 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 same to the account in said depository bank upon which drawn, as fully as though it bore his manually written signature, and that instruments so honored shall be wholly operative and binding in favor of said depository bank although such facsimile signature shall have been affixed without his authority. Motion for adoption of the Resolution was seconded by Rixe, and on Rollcall there EDINA-MORNINGSIDE COURIER DESIGNATED llOFFICIAL PUBLICATION11 FOR YEAR 1963. Bid of Edina-Mornyngsiz Courier , for publication of leaal matter at statutorv rate of $1.50 per folio for first insertion, 75C: per foli; for each additional insertion, with tabular matter rate 50$ additional on first insertion, was reviewed, the Courier's bid being the only bid received. Morningside Courier be designated Official Publication for Edina for year 1963 was seconded by Rixe and carried. VanValkenburg's motion, that Edina- GEORGE NUGENT RE-APPOINTED TO PLANNING COMMISSION FOR THREE-YEAR TERM, Bredesen's re-appointment of Mr. George Nugent, 5809 York Avenue, to the Planning Commission for a three-year term beginning January 1, 1963, was confirmed by Council by motion VanValkenburg, seconded by Rixe and carried. Mayor MESSRS, DIBRCKS, GREER AND CRINKLEY RE-APPOINTED TO PARK BOARD FOR THREE-YEARS Mayor Bredesen's appointment of Messrs. H.Robert Dierkkg,4505 Browndale Avenue, Tp7m. F. Greer, 5937 St.Johns Avenue, and M.A. Crinklev, 6700 Cornelia Drive. totkhree-year terms on the Park Board, beginning JanGary I, 1963, was confirmed by Council by motion VanValkenburg, seconded by MacMillan and unanimously carried, These are all re-appointments, Council was reminded that the salaries for Mayor and Trustees have not yet been established, its adoption: VanValkenburg offered the following Resolution and moved ., . .. 1/14/63 1% RESOLUTION ESTABLISHING SALARIES OF THOSE ELECTED OFFICIALS WHOSE SALARIES HAVE NOT ALREADY BEEN ESTABLISHED BY STATE STATUTE OR VILLAGE RESOLUTION BE IT RESOLVED that the salaries of Elected Village Officials, whose salaries have not been heretofore established, be hereby established as follows for the year 1963: Arthur C. Bredesen, Jr., Mayor - $200.00 per Month Hugh J. MacMillan, Trustee - 100.00 11 Lawrence Wr Rixe , Trustee - 100.00 1' Frank J. Tupa, Trustee - 100.00 James VanValkenburg, Trustee - 100.00 Motion for adoption of Resolution was seconded by MacMillan, and on Rollcall DESTRUCTION OF OLD RECORDS APPROVED. relative to the lack of filing room in the Village Hall, and VanValkenburg offered the following Resolution and moved its adoption: Destruction of old records was discussed, RESOLUTION FOR DESTRUCTION OF CERTAIN RECORDS DATED JANUARY 1, 1952, TO AND INCLUDING DECEMBER 31, 1952 more than ten years old; and in writing that destruction be approved by the Council; and in writing: EDINA, MINNESOTA: the following classes of records described in the list submitted to the Council: WHEREAS, M.S.A. 412,841 authorizes the destruction of certain ViJlage records WHEREAS, a list of records has been presented to the Council with a request WHEREAS, the Village Attorney has approved the destruction of such records NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF (1) The Finance Director is hereby authorized and directed to destroy a. b. All orders, vouchers and checks) Dated January L, 1952 through All receipts and correspondence) December 31, 1952 Motion for adoption of Resolution was seconded by MacMillan, and on Rollcall. there four ayes and-no nays, as follows: Mac ; VanValkenburg rl and Bredesen, aye; and the Resolution w PAVING OF BENTON AVENUE FROM TRACY AVENUE TO CRESCENT DRIVE, DISCUSSED, was brought to Council attention that Public Hearing on this matter had been It continued to this evening. review Municipal State Aid expenditures for this coming year, and Council delayed action pending his report. Manager Hyde asked for additional time in which to AUTHORITY GRANTED TO VILLAGE MANAGER TO ADVERTISE FOR BIDS FOR BUDGETED ITEMS. Manager Hydevblanket authority to advertise for bids. from time to time during the year as such supplies may be needed, for yeaq*s-supply o€ Sand, Gravel, Rock, Road Oil and Tar, Gasoline, Diesel Fuel and Fuel Oil, and miscellaneous other budgeted items. authority was seconded by MacMillan and carried, VanValkenburg's motion granting the requested FRANCE AVENUE PAVING SUIT COSTS APPLICAITZON REFERRED BACK TO VILLAGE ATTORNEY FOR REPORT. about the costs of the suit brought by France Avenue residents against the Village on the France Avenue Paving Assessment, length, then referred back to Village Attorney for supplementary report, CLAIMS PAID, Pre-List dated January 14, 1963, was seconded by MacMSllan and carried: Fund, $11,580,49; Waterworks Fund, $360.24; Liquor Fund, $28,276.17; Sewer Rental Fund, $1 , 15 3.49 ; Poor Fund , $68.79--TOTAL , $51 , 489.59 ,' Meeting's agenda's having been covered, VanValkenburg moved for adjournment, Motion seconded by MacMillan and carried. for informal review of liquor store Mayor Bredesen reported that Mr, Thomas Joseph is most concerned Matter was discussed at some VanValkenburg's motion for payment of the following Claims as per General Fund, $9,625.16; Construction Fund, $425,25; Park and Park Construction Formal meeting adjourned at 9:41,P.M., under consideration, Village'' Clerk