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HomeMy WebLinkAbout19630211_regularMINUTES OF THE REGULAR MEETING OF THE ED1 NA VILLAGE COUNCIL, HELD MONDAY, FEBRUARY 11, 1963, AT 7:OO P,M. Members answering Rollcall were MacMillan, Rixe, Tupa, VanValkenburg and Bredesen. MINUTES of the Regular Meetings of January 14 and 28, 1963, were approved as submitted, by VanValkenburg, seconded by MacMillan and carried, FAIRVIEW SOUTHDALE HOSPITAL WELCOMED TO EDINA. ??? Fairview Hospital, presented to the Council a model of the proposed Fairview- Southdale Hospital, together with site plan. This new facility is to be located on the East side of France Avenue, between the Southdale Medical Building and the Crosstown Highway, with an entrance off France and W,65th Street, constructed, now, as a 200-bed facility, with plans to expand it to 700 beds as the need demands, over a 20-year period. He explained plans for parking, and the general site layout for the facility, and the design of the building-which is to provide the ultimate in service--; explaining all of the Southdale facilities are to be coordinated with Minneapolis Fairview, or five stories high; and may reach seven stories later. reported the Planning Commission is in accord with the plan; that there is no re-zoning necessary. adoption: Mr, Carl N. Platou, Administrator It is to be The first unit will be either four Planning Director Hite VanValkenburg offeredLthe following Resolution and moved its RES OLUTI ON WELCOMING FA1 RVIE W- S OUTHDALE HOSPITAL BE IT HEREBY RESOLVED, that the Edina Village Council does hereby affirm the need for a hospital serving in the southwest area of Hennepin County, especially the area of Edina, Richfield, Eden Prairie, Bloomington and southwest Minneapolis, For years there has been recognized a critical need as stated in studies by independent hospital consultants in 1950 and 1955 and the Minnesota State Health Department for hospital facilities and also medical, surgical emergencies and other services, especially in the field of obstetrics , pediatrics , The Edina Village Council is happy that the Board of Trustees of Fairview Hospital is willing to undertake the development of the satellite hospital system. We know the Fairview-Southdale Hospital system has received national attention and acceptance. We hereby offer our endorsement and unqualified support for this signi- ficant community project and do hereby warmly welcome FairviewSouthdale Hospital to our community, Motion for adoption of the Resolution was sec by MacMillan, and on Rollcall enburg, aye; and Bredesen, aye; a there UNIFORM GAS FRANCHISE ACTION DELAYED TO SATURDAY, FEBRUARY 23. the discussion on the Uniform Gas Franchise by stating that, after receiving an opinion by the Village Attorney on the matter of Minnesota's being a "fair value" state, and additional reports and information prepared by the Managep, he still feels that the first basic concern of the franchise-with the reproduction cost part of the fomula-l- still prevails; that this contract contains a very dangerous clause insofar as the consumer is concerned; that the Council's choice of action is limited, inasmuch as it is being asked to accept or reject the franchise without change. remarked he feels the Council's judgment is limited in scope to securing fair and reasonable gas rates for its gas consumers. possibility that the Minnesota Railroad and Warehouse Commission may be given the power to regulate these rates, because he feels the tendency would then be to have all utilities rates regulated on a political basis--which would be unfair not only to the taxpayers but to all public utilities, Trustee VanValkenburg said he feels the proposed Uniform Franchise would eliminate some litigation, inasmuch as it does prescribe a formula for rate-making. statements, but added he feels the present formula is not the only one acceptable. Stating he feels the Council should do all in its power to become thoroughly acquainted with all aspects of the contract, and not act before all possible means of discussing the matter, Trustee Tupa suggested that Council action be delayed until after the Edina Council can meet in session on February 21, with other municipalities,. at a called meeting of the Suburban Gas Agency, saying that before.he takes any action he wants to feel right in his own mind about committing the Village to any 20-year contract, and would like the opportunity of attending the February 21st meeting. the Council to take a position at some point; that he feels more meetings will not Trustee Rixe opened Mayor Bredesen He added he is concerned about the Mr, Rixe agreed with 'Mr. VanValkenburg's Mr. MacMiLlan agreed with Mr, Tupa, Mrr Rixe explained that it is incumbent on make the Council any more convinced than it now is. in town on the 25th, which will be the CounciL's next regular meeting, added that he feels, personally, that those who are objecting to adoption of the franchise are the people who have had no interest in what the Suburban Gas Agency has done all these years--that he has the utmost confidence in the people who have been working with the Gas Company . attend a Special Meeting on Saturday, the 23rd, and replied in the affirmative. Tupa then moved that a Special Meeting of the Council be called €or Saturday, February 23, for further consideration of the Uniform Gas Franchise. seconded by MacMiLlan and carried. He added that he will not be lk. Bredesen Mr. Rixe was asked if he would be able to Motion NELSON FARM REZONING PROPOSAL RETURNED TO PLANNING COMMISSION FOR CLARIFICATION OF CAHILL ROAD SETBACK -EK WATERSHED RE QUIREMENTS . to Pmg the pr=bposal for Rezening from Open Development District to Mayor Bredesen called PLANNED INDUSTRIAL DISTRICT, OFFICE BUILDING DISTRICT, AND WLTIPLE RESIDENCE DISTRICT of certain areas of the Nelson Farm, all as set forth in the Minutes of the January 28th regular meeting of the Village Council; this present Hearing being a,continuation of the January 28th Hearing, With visual aids, Mr. Hite reviewed for Council and audience the areas proposed to be rezoned, in relation to present zoning. the varisus tracts have been received and checked out, and that these descriptions agree with the tracts specified on the plan. Commission recommends favorably upon the proposal, with the restriction that a setback of 150 feet from Cahill Road be required for "Tract A" (proposed to be rezoned Office Building District),because of the residential character of the West side of Cahill Road, applicant for rezoning has agreed to this setback. he did not understanding things this way; that the property is only 310 feet deep on the South, and he feels it will be difficult to conform with this requirement-- that applicants would prefer to have automobile parking behind their buildings, rather than between Cahill Road and buildings. Planning Commission feels parking should be at the sides, rather than in the back. He added that the Commission's recommendation is that this tract not be rezoned at this time, without this 150-foot setback restriction. inquired as to whether the Nine-Nile Creek Watershed District has approved the plan, working with the applicant's representative, Mr. Godward, to resolve the few difficulties which still exist; that the District has given general approval to the plan. as set forth by applicant (this being different than that recommended by Vater Shed District). any channel changes, Office Building District be rezoned at this time. entire proposal be sent back to Planning Commission for settlement of pond elevation and setback differences. He told the Council that the proper legal descriptions for Mr, Hite emphasized that the Planning Trustee VanValkenburg inquired as to whether the Mr. E. C, Stow replied that Mr. Hite explained that the Mr. Maxl3an Mr. Hite replied that the District's Engineer, Mr. Douglas Barr, kaS been Mr. VanValkenburg asked concerning difference between elevation of pond Mr. Hite replied that applicant must receive permit from District €or Attorney Brill suggested that a11 tracts except the one VanValkenburg moved that the Motion seconded by Rixe and carried, HAYS FARM SITE DEVELOPMENT, SEEDING AND SODDING, AND IRRIGATION SYSTEM CONTRACTS A'WARDED. Mr. Xendall T. Stephens, Chairman of the Edina Park Board, presented to the Council a detailed tabulation of the bids taken February 8, on the Hays Farm Site Development, PROPOSAL A being on Basic Earthwork with several Alternates €or additional related work, and PROPOSAL B being for Sodding and Seeding. showed receipt of seven bids on P OP SAL A, with J. A. Danens E Son being low bidder on the Base Bid, at $372,599.40,/ EP 8f nder E Sons second low, at $414,761.00, and J,V, Gleason Co., third low at $435,941.56. PROPOSAL B, with related alternates, was bid by C. W. Houle at $39.400 on Base Bid. Ray Jordan & Sons at $37,662.18 on Base Tabulation Bid, and E. Grant Per1 at-$44,071.20 on Bise contract be awarded to J, A. Danens and Son, PLUS ALTERNATES: A-1 Clear E Grub 1. PROPOSAL A - BASIC EARTHWORK A-2 Pick Rock E Debris A-3a Bridges Complete A-4 Intake Structures Bid. Mr, Stephens recommended that as follows: $372,599.40 2,600 . 00 18,000 .OO 4,750.00 9,900.00 Adi=*-*IGa-Sancl. 5- k*-*=-G.- *,*.a 34i2.,'8'49-, 4'0 A-8 Compact E Shape Pit Run Gravel 5,000.00 2, PROPOSAL B - SODDING AND SEEDING To C. \I. Houike Co. PLUS ALTERNATE B-2 - Replacement 6,000.00 $ 45,400.00 $39,400.00 3. He added that with these items under contract, and a revised planting plan which is estimated to cost sane $30,000, the entire cost of the Hays Farm Golf Course project should be just under the $825,000 estimated some time ago as the probable cost of this project , IRRIGATION SYSTEM - (Bids taken January 9) To T.D. Gustafson Co. 116,000 .OO 2/11/63 k m It was explained that Alternates A-5 (Furnish and Place Sand in Traps) and A-6 (Construct tees and paths for number 3 hole) have not been placed under contract because'it is believed that these two items can be accomplished by the greenskeepers who must be employed for maintenance, at a cost aonsiderably less than the bid prices. In his summary, Mr. Stephens told Counci1.the Park Board does contemplate some minor change orders against the contracts, as the work proceeds; that, especially in the Basic Earthwork contract it is impossible to state that the construction cost will be held to the amount of contract as awarded, although the Board does believe at thk time that Quantities estimated are sufficient; also, that there may be some changes in br'idge design after Water Shed District requirements are completely worked out--but that these are expected to be minor. Trustee Tupa commended the Board for a job well done; then moved that the Contract for Basic Earthwork and Alternates A-l,2,3a, 4, Qd^8;..at' $412,849.40. to C. M. Houle, with Alternate B-2, at total of $45,400.00, was seconded by Tupa and carried. Mr. Stephens then added that it is the unanimous recommendation of the Park Board that the design for the Irrigation System, as prepared by Harrison, Brauer & Rippel, be followed, and that award be made to T.D.6ustafson Company; and Tupa moved that contract be so awarded, carried, Motion was seconded by VanValkenburg and carried, Motion by?VanValkenburg, for award of Proposal No. 2, Seeding and Sodding, Motion seconded by VanValkenburg and PLANTINGS SPECIFICATIONS FOR HAYS FARM GOLF COURSE REVISED. Mr. Stephens reported that Plans for Golf Course Plantings have now been revised, with reduced sizes for shrubs and trees, fewer items, and some village-grown plantings-which plans should still prove adequate to provide both the beauty and the protection needed. on the new planting specifications at such time as the Park Board deems appropriate was seconded by VanValkenburg and carried, Tupa's motion authorizing advertisement for bids ST,REET WEEPER CONTRACT AWARDED. receipt, February 8, of four bids on a 3-Yard Capacity Street Sweeper, and Tabulation of Bids - was presented , showing six bids on the 4-Yard Sweeper. bidder, on an Elgin Custom 375 (3uYd), at $9,450.00; also being second-low, on an Elgin tThite Wing 375 (3-Yd) at $9,710.50. On the 3-Yd,, Phillippi Equipment was third low at $10,395.00 on a Wayne 1-660, and Zeco Co. was high bidder, on a Mobil 1000-3 at $10,990.38, Recommendation was for award to MacQueen Equipment Co. on an Elgin Vhite Wing 375 at $9,710'50, because this machine is heavier and more closely meets specifications on broom adjustment and streering mechanism. carries an appropriation of $5,000 for a sweeper and $7,500 for a grader, but that since preparation of budget it has become apparent that a sweeper is the more urgently needed of the two. .He recommended that the sweeper be purchased, now, and that an appropriation of $5,000 be put into next year's budget foward the grader, He added that, at the time of preparation of the budget a smaller sweeper had been considered, but it is felt the heavier machine is more useful. Tupa's motion that contract for Street Sweeper be awarded to MacQueen Equipment Co., for an Elgin White Wing 375 at $9,710.50, was seconded by VanValkenburg and carried. MacQueen Equipment Co., St. Paul, was low Mr. Hyde explained that the budget DUMP TRUCK PURCHASED FROM LOW BIDDER, SOUTHDALE FORD. .showing bE received February 8, on Truck and Dump Box, showed receipt of five bids, Southdale Ford being low bidder on a Ford F-750 plus Dunn Box, less Trade- In on 1950 International L-382, at Net Bid of $5,049.74. that of Hull-Dobbs Ford, at $5,125.57; and third-low, Downtown Chevrolet on a Chev. C-8303, at $5,237.00. $5,049.74, which, Mr. Hyde stated, is $49.74 above the budget amount* VanValkenburg's motion, that bid be awarded in accordance with Manager's recommendation, was seconded by Tupa and carried, Tabulation of Bids, Second low bid was Recommendation was for award to low bidder, at PANEL. TRUCK. PURCHASED FROM HULL-DOBBS FORD. February 8, showed receipt of fbur? bids, International Harvester being low bidder on an Into C-1000, less trade-in on a 1951 Chev, Carryall, at net bid of $1,750.00, Hull-Dobbs Ford was second-low, on a Ford Econoline, at net of $1,778.95, and Southdale Ford was third-low at $1,835.00 net, also on an Econoline. was for award to second-low bidder, Hull-Dobbs, because low bid does not meet specifications, having only one door. $2,000 . was seconded by MacMBllan and carried. Tabulation of the bids taken Recommendation ' The budgeted amount for this vehicle was VanValkenburg's motion , that vehicle be purchased Erom second-low bidder, 20 2 /l1/63 { $30.00, ADJUSTENT- MADE,E WATER BILL - MR, GORDON FERGUSON, 5720 CHOKEN AVENUE. Mr. Ferguson appeared before the Council to request an for the qCa$ter represented by the January 1, 1963 bill$''%!rsffowe$ d had consumed 23,700 cu.ft. of water in this quarter, whereas his next largest consumption had been 12,500 cu.ft. in the January quarter, 1958, and average consumption is in the neighborhood of 7,000 cu.ft, fault in his water meter, saying he and 'Water Supt. fioehler had tested the meter feels it must be there because there was no water leak he knew of. Manager Hyde told Council the only thing the office can go on is the water meter; that water meters cannot run fast--ahat such faults as have been discovered are all on "slowr1 meters. in the past eight year the reading for the €3e%kgr , 1962 quarter, taken by Mr, Ferguson's son and mailed in, is only 7,100 cu.ft, as compared with 12,100 cu,ft, for this quarter in 1961, and 7,900 in 1960. 14 years, Mr. Ferguson maintained We feel there is an error in this meter". Some discussion by the Council ensued, and VanValkenburg suggested that a new meter be installed and Mr. Ferguson be given a credit of $30.00, that proper3y owners purchase their own meters; that installation of a new one in the Ferguson residence would have to be at Mr. Ferguson's expense. agreed that it might be years before there was any further trouble with the meter he now has; that he is willing to keep it; and VanValkenburg then moved for a $30.00 adjustment on the water bill of January 1, 1963, and carried, entuig gi water bill Mr. Ferguson maintained that there must be a on Mr, Ferguson's own motor, without indication of such a fault, but that he still c. He added he believes there have been only three instances of high bills Relative to Mr, Fergusonvs claim, Mr. Hyde pointed out Stating that the meter has never had a seal during the past Mr. Hyde reported Mr. Ferguson Motion seconded by Rixe .- .- . c: APPLICATION FOR PERMIT FOR NURSERY SCHOOL AT 6116 BIRCHCREST DRIVE REFERRED TO PLANNING COMl4ISSION F'sk RECOMMENDATION. Drive, applied for a permit to conduct a nursery schooL in her home, She told Council the school would be in operation about 360 hours a year, that there will be no traffic problems because her driveway will accommodate all cars which will be parking; that the children would be indoors except for about six weeks each year, during the very best early fall and spring weather; that they would be well supervised at all times; that special provisions would be made within the house and in the yard for the accommodation and safety of the children. She added that she now conducts a nursery school, licensed by the State, in Richfield, and that because she has had many applications from parents of Edina childqen she feels this would be a definite service to Edina. Council that there are now some nursery schools in Edina, but that a11 but one (which we have not proved is actually in operation) are in churches, He added that PIrs, Weisbrod expects to employ two or three teachers, and that when .persons are employed in any enterprise, it has been held that this 'is a "commercial venture" and therefore not acceptable in a residential zone. Hite's interpretation of the zoning ordinance, Mr. Hasselquist told Council that if Council wishes so to do, an amendment to zoning ordinance could be adopted, setting standards for, and permitting nursery schools under special permit, MacMillan moved that application for permit for nursery school be referred to Planning Commission for its recommendations. and carried. Mrs J. G. Weisbrod , 6116 Birchcrest Planning Director Hite told I Agreeing with MP. 14otion seconded by VanValkenburg COUNCIL SCHEDULES PUBLIC HEARING FOR FEBRUARY 25, ON PETITION FOR MULTIPLE RESIDENCE ZONING, AREA EAST OFTOUNTY ROXD NO. 18, BET WE^ PE DERSON DAIRY AND 9-MILE CREEK. Reviewing briefly for the CounciL the Kenn-eth Wallace petition for rezoning from Open Development District to Multiple Residence District (all as explained in detail at the Meeting of December 10, 19621, Mr, Hite explained that Public Hearing had not been scheduled for tonight's meeting in accordance with Council's directive because plans have changed in the meantime. Hearing for February 25, with area for rezoning to be extended somewhat to both the South and East of the original area, Mr, Hite added that the Planning Commission has been working for some time on a new "Multiple Residence District" amendment; feels that if Council grants the GIallace petition, zoning should be in accord with this new amendment, VanValkenburg's motion, that Public Hearing be scheduled for February 25, on petition for rezoning of the following property from Open Development District to Multiple Residence District: He asked permission to schedule a Public AmA I - That part of the East 625.1 Feet of the West 1/2 of the South 1/4 of Section 30, Township 117, Range 21, lying West of the East 400,l Feet thereof and South of the North 500 Feet thereof: That part of the East 625,O Feet of the North 631.73 Feet of the West 1/2 of the Northwest 1/4 of Section 31, Township 117, Range 21, lying West of the East 200 Feet thereof, That part of the Southwest 114 of Section 30, Township 117, Range 21, lying West of the East 625.1 Feet thereof and South of the North 500 Feet thereof: That part of the North 631-73 feet of the Nest 1/2 of the Northwest 1/4 of Section 31, Township 117, Range 21 lying Nest of the East 625 Feet t AREA I1 hereof 2 /Yf~/63 was seconded by Tupa and carried. 212 63 rl b 3 M es COUNCIL SCHEDULES PUBLIC HEARING FOR MARCH 11, ON PROPOSED AMENDMENT TO "MULTIPLE RESIDENCE DISTRICT" SECTION OF ZONING ORDINANCE, Mr. Hite presented a draft of the proposed amendment, saying that it represents a full scale ) overhauling of this section of the Ordinance, and establishes much better 1 control over apartments, setting up five different types of multiple residence districts. approval to the ordinance as drafted, Mr, Hite asked the Council to tentatively schedule Hearing for the first regular meeting in March. moved, and motion was seconded by MacMillan and carried, Saying that the Planning Commission has still to give final VanValkenburg so GOLF TERRACE-WOODDALE AVE. INTERSECTION HAZARDS TO BE ELIMINATED. Mr, Hyde reviewe2 for the Council the camplaints received concerning the hazard at the Golf Terrace-Wooddale Avenue intersection, occasioned by the placement of two pillars at the entrance to Golf Terrace, and the planting of two hedges in the boulevard right-of-way. He suggested that Engineer Wegner be authorized to write the owners of the two hedges, requesting that the owner of the lot on the north side of Golf Terrace remove that part.of the hedge which extends beyond a point 25 feet north of the south lot line, and that the owner of the lot on the south side of Golf Terrace remove the portion of his hedge which extends beyond a point LO feet south of this lot's north lot line; and that the pillars be removed by the Village. Also, that the Village be empowered to remove the hedges and assess cost of removal to property owners, if removal is not accomplished by the owners by April '1. NORTHWESTERN NATIONAL LIFE INSURANCE COMPANY'S HOSPITALIZATION PLAN FOR VILLAGE EMPLOYEES APPROVED BY COUNCIL PROVIDING EMPLOYEES VOTE IN FAVOR, Finance Erector Dalen presented to the Council a tabulation of the puoaations received on a group hospitalization plan, together with the retention "schedules and additional Jnformation furnished by the various companies quoting, that this coverage be taken with Northwestern National Life Insurance, Caswell- Ross, Agents, at their quoted cost for a family plan, of $19,40 per month. Preparations for this employee benefit were instigated by the Council pursuant to the Union's request for such benefits, made during arbitration last year. Petition asking that employees be allowed to keep the present Blue Cross-Blue Shield policy in preference to this new policy, was filed by the Firemen; and Mr. Larkin MacClellan , Union representative, told Council 31 of the employee members of his group would prefer to stay with Blue CPOSS, whereas eight are in favor of the new plan, Trustee Tupa suggested that the new plan be put to a vote of the employees before firm action is taken to change. that action should be taken before March 1, in order that payroll changes might be made; and Tupa moved that Council approve the Northwestern National Life Insurance Company's Group Hospitalization Plan for Village Employees providing a ballot of said employees shows a majority in favor of changing from the present Blue-Cross-Blue Shield plan. Motion was seconded by Rixe and carried. He recommended It was explained CIVIL DEFENSE PERSONNEL FUNDS DECLINED, Evil Defense Director Bennett's letter of February 8, (held until this meeting) declining some $1,500 State Funds for Civil Defense personnel, Letter lists three reasons for declination of funds, one of which is that amount of funds available would not compensate for much more than the time spent in completing the forms necessary to secure the funds, and another being that the secretary must qualify and be certified under Ciril Service, is a "tremendous amount" of paper work involved, and that the type of program indicated would result in so little flexibility that it would become almost impossible to comply with the terms of the program, Council was in agreement that funds be declined and that letter dated February 8 be forwarded to State Civil Defense Director, Manager Hyde asked for approval of Mr. Hyde told Council there STORM SEWER EASEMENT RETURNED, easement where the storm sewer isn't and hasn't an easement where the storm sewer ist1, Village Engineer Wegner requested return of an easement over certain properties, in exchange for an easement along route of sewer. quit claim deed from Village of Edina to C.K. Katter E Sons, Inc. and A.J. Poppelaars and Simone Poppelaars, fortfa strip of land ten feet in width Lying five feet on each side of the following described line: 'A line drawn from the East line of Lot Twelve (12) , Block Four (4) , Brookline 1st Addition, to the West line of said lot parallel with and distant one hundred sixty (160) feet North measured at right angles from the South line of Lot Ten (101, Block Four (41, Brookline 1st Addition'", asking that deed be signed, thus returning easement. of Village,was seconded by Rixe and carried, Explaining that the Village "has a storm sewer He presented I Tupa's motion directing Mayor and Clerk to exenute deed on behalf 22 i 2/11/63 Mr . clause SOUTHDALX LIQUOR STORE FIVE-YEAR LEASE APPROVED: RENENAL OPTION REFUSED. Hyde reported to Council that Southdale interests will not write a renewal into 'the five-year lease on the Southdale Liquor Store that he recommends renewal for the next five years on that basis outlined at the December 10, 1962 Meeting (See Page 309, Minute Book 251, without insistence by the Council upon this renewal clause, lease for Southdale Liquor Store and storage space be renewed for five-year period , was seconded by VanValkenburg and carried. 128 Southdale Center; NacMillan's motion, that COMPLPINT RELATIVE TO AD~lINISTRATION OF DOG ORDINANCE TO BE INVESTIGATED: REPORT TO BE TO COUNCIL ON FEBRUARY 25. Flavor Bredesen reDorted to the Council the c-ompiaint' received from Mr. A. A. Tgeter, 4500 Dre&l Avenue, that Mrs. Teeter had been verbally abused at the Animal Rescue League pound; and also that two dog-shootings have occurred in this neighborhood without interference by the Police Department. a report back to the Council on or before its meeting of February 25. Mr. Hyde he will have this complaint investigated and have SNOWGATE INVENTION TO BE PATENTED: VILLAGE AND PUBLIC WORKS SUPT. BATJSO TO DIVIDE ROYALTIES. Manager Hyde reported that the Village has made application in the Village's name, for a patent for the Snowgate invented and developed by Public Works Superintendent Adam Batko (this being an attachment whereby the plows are prevented from filling driveways during plowing operations); that many munici- palities, including some from Canada, have expressed interest in purchasing the device for their own plows; and that several meetings have been held with a manufacturer who is desirous of manufacturing this invention. Fir, Hyde said that while the Village has furnished the materials and labor for development of the invention, much thought and time has been spent by Mr. Batko in off hours, in preliminary work and in perfecting the device. Mr. Hyde suggested that if the patent is granted Mr, Batko assign his interest in it to the Village with the understanding that - 1. 2. 3. 4. 5. All-original patent costs will be deducted f ran royalties received After deduction of above costs, royalties will be divided 50-50rbetween In case Mr. Batko leaves Edina employment he will continue to receive If patent needs defense the manufacturer will pay the costs of such Restriction will be made against the Village's payment of royalties before royalties are divided: the Village of Edina and Mr. Batko. 50% of the royalties. defense , - on the snowgates it uses. 14r. Hyde said that in present negotiations are not yet complete) the manufacturer has royalty , which would mean about $15 , 00 for that the Village proceed with the snowgate recommendations, including the commitments was seconded by Tupa and carried. with the interested manufactuper (which expressed a willingness to pay a 2-1/2% each snowgate. VanValkenburg's motion, invention in accordance with the above to Mr. Batko relative to royalties, . COUNCIL ADOPTS RESOLUTION URGING LEGISLATURE TO REDISTRICT HENNEPIN COUNTY. Manager Hyde reported to the Council that the Hennepin County League of Municipalities has adopted a resolution asking the Legislature to enact legislation which would provide for the redistricting of the present Hennepin County Board of Commissioners; and that Representative Kirchner from Richfield has explained to the League the legislation introduced in support of the League's action-being House File #475--and calling for redistricting of Hennepin County on a basis of three members from Minneapolis and two members from the suburban area. that there are other proposals, being a four-three representation, and a plan for general redistricting throughout the state. resolution Kirschner-authored legislation, and VanValkenburg offered the following Resolution and moved its adoption: RESOLUTION RELATIVE TO HENNEPIN COUNTY He added Mr. Hyde recommended adoption of a REDISTRICTING VHEREAS, the Board*of Hennepin County Commissioners has on November 27, 1962, by vote of four to one redistricted itself in a manner which ignores the views of a majority of Municipal Officials arid Municipal Councils in Hennepin County , and will deprive the citizens outside the City of Minneapolis realistic repressntation on the County Board, and on the County Board, that this Council urges the Legislature of the State of Minnesota at its 1963 Session to enact legislation which will provide for more adequate representation of all. the citizens of Hennepin County on the Board of Hennepin County Commissioners by providing for two representatives on said Board frm the suburban area and three remesentatives from the Citv of MinneaDolis. VHEREAS, the Hennepin County Commissioner Districts are drawn in a mannep which WHEREAS, present legislation is inadequate to accomplish desirable representation NOW, THEREFORE, BE IT RESOLVED by the Village Council of the Village of Edina C. - 1. 2 /11/63 23 COUNCIL ASKS LEGISLATURE FOR INTERIM STUDY COMMISSION RELATIVE TO MINNEAPOLIS GENERAL HOSPITAL, the resolution adopted by the Hennepin County League of Towns and Municipalities on February 7, protesting to the Legislature against the City of Minneapolis' request for legislation transferring cost of City's expenditures for General Hospital and City's direct relief costs to HennepinCounty-but that vote was so recorded only because Edina had hoped for adoption of a resolution by the League asking the Legislature for establishment of an Interim Study Commission which could present an impartial recommenda*ion to the Legislature. He recommended that Edina adopt such a resolution for transmittal to the Legislature. he would like to offer the resolution recommended by the report of the Health and Welfare Committee of the Hennepin County League, Trustee VanValkenburg offered the following Resolution and moved its adoption: Manager Hyde reported that Edina has been recorded as vat&ng against Saying RESOLUTION ON MINNEAPOLIS GENERAL HOSPITAL WHEREAS, The City of Minneapolis has represented that it can no longer afford to maintain its General Hospital and is requesting the State Legislature to pass legislation which will transfer the cost of the City's expenditures for General Hospital and the City's direct relief costs to Hennepin County, and WHEREAS, the Hennepin County Board of Commissioners has agreed to such transfer without considering the viewpoint of the suburban municipalities, and WHEREAS, such. transfer would increase the County property tax levy approxi- mately 9.6 mills and decrease the City of Minneapolis levy proportionately, and WHEREAS, 9.6 mills is equal to 30% to 40% of many suburban municipal tax levies, and WHEREAS, the present Minneapolis General Hospital building has been allowed to become obsolete and will apparently have to be replaced by a new physical facility costing approximately $15,000,000 , plus interest on bonds issued, all of which costs would be paid by Hennepin County if the Minneapolis proposal is approved, and WHEREAS, the emergency facilities offered by Minneapolis General Hospital are too far removed from many parts of the County to be of immediate assistance and emergency needs in the suburban area are being met adequately by private hospitals in the suburban area, and Minneapolis who receive free care because they are determined by the City to be ?'medically indTgent" even though they are receiving no other relief, and there is little need for public hospital facilities to take care of "medically indigent" suburbanites , and responsibilities for direct relief for many years at reasonable costs to their taxpayers , and WHEREAS, although only 15% of the recipients of the major categorical relief systems (Old Age Assistance and Aid to Dependent Children) reside in the suburban area, suburban property owners pay 33% of Hennepin County's property tax levy for its share of such expenditures, and financial plight of.Genera1 Hospital is due to suburban municipalities not having paid just charges for care given suburban residents at General, and WHEREAS, the medical research and training programs of the Minneapolis General Hospital, carried on in conjunction with the University of Minnesota Medical School, are of invaluable benefit to the citizens of the entire State, and UHEREAS, the Regents of the University of Minnesota on November LO, 1962, adopted a statement which recognizes "the interdependence o€ the General Hospital and the University Medical School$" points out that "General Hospital and the University Medical School have become linked in a common enterprise of medical education, basic medical research, and community service," and states that "an indispensable pattern of hospital medical care and eduction has evolved with consequences that are statewide in their importancesf1 and WHEREAS , the responsibility for medical training and research should not be placed on the citizens of one city or of one county, but should be shared by all citizens of the State, and WHEREAS, an ever increasing percentage of persons residing in Hennepin County are providing for their own medical needs through medical insurance plans, or will be recipients of medical benefits provided by Federal and State medical care legislation, which is constantly expanding in both coverage and amount of benefits, all of which serves to diminish the need for free care in a public hospital, and WHEREAS, nearly 70% of the patients at General Hospital are residents of WHEREAS, because of age and incame characteristics of the suburban residents, WHEREAS, the suburban municipalities have adequately taken care of their WHEREAS, the City. of Minneapolis 6s unable to furnish any evidence that the 24 would not be likely to increase the cost of retirement benefits paid by the Village over what such cost would be if PERA coverage alone were continued, NOW, THEREFORE, BE IT RESOLVED by the Village Council of the Village of Edina that this Council favors legislation that would allow each member of, PERA to elect to continue in the present PERA retirement plan or to elect to become a member of a retirement plan which cbmbines full social security 2/11/63 WEREAS, there are city-suburban area cost IJHEREAS, there are many current inequdties in the whole problem of central sharing which have not yet been resolved, and many unanswered questions about the entire subject because no completely objeckve investig&on has been made by an impartial, unprejudiced group representing all interests concerned, That the would shift the costs of direct relief for Minneapolis residents and the expenses of Minneapolis General Has i a1 to Hennepin County, and That the Village/%?#&a urge the Legislature of the State of Minnesota to establish an Interim Study Commission composed of legislators and representatives of suburban municipalities, Minneapolis, Hennepin County , University Hospital, University Medical School, private and public welfare agencies, and private haspitals which will go into all of the cmplex factors involved and, after study and consideration, present recommendations for a comprehensive and equitable solution opposed to any legislation which Motion for adoption of the Resolution was secon .I -i with a qodified PERA .plan REAS, this coverage wil; permit each-indivSdual em loyee of the VilJa e of elect that form of retirement benefits which woulfl be most bene€iclaf to him, and Notion for adoption of the Resolution was seconded there were five ayes and no nays, as follows: Mac lkenburg, and on Rollcall CLAIMS PAID. Lisnated February 11: and Park Construction Funds, $68,772.00; Waterworks Fund, $21,922.00; Liquor Fund, $35,114-73; Sewer Rental Fund, $1,192.06; Improvement Funds, $567,073.28, and PIR and Poor Funds, $1,070.13--Total, $727,668-96, and for approval of check dated January 30, to Harrison, Brauer E Rippel, from Park Sinking Fund, amount $3,999.14, was seconded by VanValkenburg and carried. Tupa's motion, for payment of the following Claims, all as per Pre- General Fund, $31,733.14; Construction Fund, $791.62; Park REPORT AND LIQUOR STORE STATEMENTS dated December 31, 1962, were eviewed, -ordered placed on file. LEFT TURN ONTO HIGHWAY 100 FROM VALLEY VIEW TRAFFIC TRAVELING WEST \KILL NOT BE PEF!ITTED BY. STATE.. Engineer tlegner reported that , pursuant to Council instructions 'of January 14 for removal of "No Left Turn" sign at Hiahwav 100 and Vallev View Road -" East, he has consulted with the State Highway Department and has been infkned that the State will not permit south-bound left turns from Valley View Road onto Highway 100. which had petitioned the Council for this left turn. Manager directed to so inform the Valley View Business Men's Association, 2/11/63 MANAGER AND FINANCE DIRECTOR AUTHORIZED TO GO TO NEW YORK IN ATTEMPT TO SECURE 'A MORE FAVORABLE RATING FOR SCHOOL DISTRICT, Finance Director Dalen If \ reportTd that he and Mr, Hyde have been asked by School officials to accompany them on a trip to the New York in an effort to secure a more favorable rating for the School District in preparation for forthcoming bond sale. trip, was seconded by MacMillan and carried, VanValkenburg's motion,'authorizing expenditures for this The agenda's having been covered, Tupa moved for adjournment, seconded by MacMillan and carried, Motion c Village Clerk MINUTES OF THE SPECIAL MEETING OF THE EDINA VILLAGE COUNCIL, HELD SATURDAY, FEBRUARY 23, 1963, AT 1200 PIMI, IN THE EDINA VILLAGE HALL Special Meeting was convened at 1:OO P.M., Saturday, February 23, 1963, in the Village Hall, pursuant to action taken by the Council February 11, the only matter before the Council being consideration and action on the proposed Uniform Gas Franchise, Members answering Rollcall were MacMillan, Rixe, Tupa, VanValkenburg and Bredesen. Mayor Bredesen opened the meeting by Stating he could not be at the meeting of the Suburban Gas Agency, held February 21, and asking Council &f those who did attend had any additional questions to put befoz?e,the Minneapolis Gas Company, saying it had answered some things about which he had been in doubt, Members MacMillan and VanValkenburg reported on meeting, MacMillan Saying he had not had time to pursue fupther the matter of reproduction costs and methods of determining depreciation, beyond previous discussions on these matters, Mr. Bredesen told Council he finds, from a personal standpoint, that he is now paying no more, proportionately, than he did twenty years ago for his gas service; and perhaps less, in proportion to increase in costs of other services-and for that reason is wondering whether the Council is not unduly concerned about this formula; that, assuming the Gas Company is operated by prudent, honest businessmen, he believes there is no reason to believe they would increase the cost of gas beyond cost increases of other items, Also, that while 20 years is a Long time, the three-year rey opening clause requested by some of the Council. would probably result in a higher cost than that now contemplated, because of the higher financing cost to the Gas Company; and that he feels this Council should approve the franchise- as developed by the Suburban Gas Agency, Trustee Rixe, saying it is well known that he has taken a negative stand on the proposed franchise, asked for this opportunity to correct some misunder- standings; that, in the first place, he would like to go on record as - not being in favor of state regulation; that, secondly, he has tried to talk with many people concerning the matter of this franchise-anybody and every- body he felt could be helpful-and has tried to eliminate pre-conceived prejudices on both sides and to make up his own mind, probably been at an advantage in some respects, chine into this pkture fairly late, because he has not been influenced by the heartaches and frustrations which have gone into preparing this contracto Mr, Rixe stated that Reproduction Cost is the item which concerns him most; that, on the basis of Original Cost versus Reproduction Cost, the gas consumer could pay some $15,000,000 excess over the next 20 years, that the consumer be given some kind of protection for the extremes that none of those now considering this franchise can measure, the consumer could have some kind of limit of affect on reproduction cost, or some kind of protection that rates will, not become unreasonable, he would feel better about the contract. there is no doubt but that the franchise contains some damaging features for the consumer, and for that reason is not acceptable. He added he feels that much has been accomplished by unanimity of efforts of suburbs working together for common cause, and hopes that his remarks have in no way detracted from, nor jeopardized this accomplishment. He added he has He asked for one thing- He added that if Mr, Rixe said that in his opinion