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HomeMy WebLinkAbout19630422_regular82 Members Pro Tem MINUTES 4/22/63 .. MINUTES OF THE REGULAR MEETING OF THE EDINA VILLAGE COUNCIL, HELD MONDAY, APRIL 22, 1963, AT 7:OO P.M., AT THE EDINA VILLAGE HALL answering Rollcall were MacMillan, Rixe, Tupa and VanValkenburg, VanValkenburg presided, Mayor of the Regular Meeting of April 8, 1963, were approved as submitied, by Motion Tupa, seconded by E4acl4illan and carried. COUNCIL APPROVES CONSTRUCTION OF SANITARY SEVER AND WATERl4AINS FOR HILLDALE AREA . Clerk presented Affidavits of Publication in Edina-Morningside Courier April 11 and 18, 1963, of "Notice of Public Hearings on Sanitary Sewers and Watermains", and of mailing of notice to owners of affected prbperties, which affidavits were approved as to form and ordered placed on file, Hearizlgs.;nere7Ea~~ed on proposed construction of SANITARY LATERAL SEVER AND WATERMAIN to serve the Hilldale Area and some surrounding property, all as set forth in the noticer ments and area proposed to be assessed, and Estimates of Cost were given as follows : Pursuant to said notice, Public Vu-Graph Slide was shown, setting forth route of improve- FOR THE SANITARY SEVER IMPROVEMENT - Total Estimated Cost, $149,591.67, Droposed .to be assessed against 50 connections (lots), for $2,991.83 per connection (lat). proposed to be assessed against 45 connections (lots), for $845'75 per FOR THE WATERMAIN IMPROVENENT - Total Estimated Cost, $38,058.57 , .. connection (1st 1 Manager Hyde reported that a sewer improvement had been proposed for about this same area approximately four years age, but had been voted dovm, although some residents were even then in need of a public sewer system; that the cost of this improvement is high because a lift station and force main are needed, and because about $40,000 of the estimated cost is for street surfacing. neighborhood meeting had been held, with Village personnel, a week ago, at which the need for the improvement was frankly discussed; that it is urgently needed by several property owners; that there was a digision of opinion on part of property owners as to need, with those on the West side of Hilldale objecting that the improvement is not needed in this section of the subdivision. He added that an alternate plan has- been sWdied the Fear lot lines, and that while the estimate of cost is slightly less, there would be problems obtaining easements, and constant problems relative to maintenance. the improvements froill the Deople in the northern half of the assessable area, together with a letter,from Mr. E.C. Krafft, is about time the fact is faced that urban livin2 cannot be had without sanitary sewer; that there is definite evideqce of pollution of ponds in the northwest section of the subdivision, as well as the evidence of sewage running 2n the streets in other parts, Dr. W, L, Hoseth, 3 Circle West, asked for an opinion from the Village Sanitarian as to evidences of pollution; and Nr. H, T, Battin, 2&, Circle Nest, inquired what measures have been taken by the Sanitarian to make residents aware that there is pollution and it should be eliminated, Hensley reported that samples taken of the pond in the western part of the subdivision showed no contamination at the shore line, but that there was considerable evidence of sewage running into nond. in technical terms the evidence he obtained. This evidence is documented in the office of the sanitarian for future reference, discussed at the nei5hborhocd meeting, Mr, Battin gave his opinion that it should have been covered with gravel and then sodded so that unsanitary condition could be corrected. blr' Hensley was asked if commercial fertilizer could have caused some contamination of the ponds, and reglied that evidence obtained indicates pollution from household sewage; that commercial fertlizers do not add to this type of evidence. that grounds of six of these homes will not support septic tanks. ever since they moved into their home eighteen months ago; that the grounds are fully absorbed and tests have shown they can absorb no more sewage; that there is a terrible condition existing, here, when children must stand in drainage from septic tanks, running in the streets, 7 Circle West, asked that Council review in detail the petition presented this afternoon, in objection to the improvement, which has been signed by some 21 property owners, and listing as objections - 1. Pr?ohibitive expense and lack of necessity; 2, Adequacy of private disposal systems for present and future needs; 3, opportunity for development of additional drainage fields; 4. Minimum outlay expended by those now having sewage troubles; 5, having trouble to either remedy privately or request limited public sewer in Eastern part of subdivision; who do not need sewer to provide for those who do need service. He added that a which would involve constructing sewer line along l4r- Hyde told Council that this office has received petition against Mr. Hyde told Council he feels it Village Sanitarian James He explained in detail and As to the triangle, which had been He added that fourteen residents ase having sewage troubles, Mrs. E. b?. Nelson, 2 Circle East, reported her family has had sewage troubles Mr. E. 11. Krafft, Extensive rear slopes which provide unlimited Responsibility of those now Unfairness of imposing large sewer tax on those Nr. Krafft asked 83 4/22 /63 who are now having trouble, he is willing to assume his fair share of the cost of the lift station--but that he feels it is definitely unfair to make an assessment against that portion of the subdivision which does not need the service simply to serve those in the eastern part who do need it only because they are not willing. to expend sufficient funds to put in an adequate system, Mr,VanValkenburg told audience he believes it is the point of the Village Sanitarian that troubles now in evidence are simply an indication of further troubles to come, which democracy can be carried too far--that if there is a definite health problem in the subdivision it is mockery to vote about a remedy, construction of the improvement at the earliest possible time, Mr, A.R. Merriman, 4 Circle East, reported that because he has an adequate private disposal system for his own use he was in opposition to the improvement when it was nroposed four years azo, but that he believes drainage from his home is not helping his neighbors; that he is now in favor of both sanitary sewer and water improvements, and would never build another home without both public utilities. Mrs. W,H, Danley, 3 Spur Road, asked i€ assessments could not be extended over a 20-year period, rather than the usual ten years. most of the objections are because of the expense involved, that this is a matter €or the assessment hearing, but that the Council has had a rather firm Dolicy of assessing over a period of ten years for laterals, meeting about an increase in the valuation (and thus the general tax assessment) for properties with public utilities. stated there would be no increase in the valuation of properties now served by private disposal system and well, but that vacant lots in the area would increase in valuation, and that if large lots with one existing private septic system and well are replatted into more lots, each with sewer and water available, the assessment, of course, would reflect the additional connections. is not the most economical possible plan, Mr, Wegner and Mr. Hyde both expxaining the difficulties usual in any plan to put utilities along property lines, chief problem being the securing of the necessary easements, with long range problems relative to maintenance of the utilities, but that from a humanitarian standpoint he favors the improvement and feels the community has a responsibility to correct existing health hazards, estimate of $1100 difference between a connection from the back lot line and a connection from the street, sufficient consideration to an alternate improvement along the back lot Lines Mrs, King asked for additional study, Village Engineer Wegner infomed those present that three plans had been- studied--1. 2. along the rear lot lines; that he feels the best package for all concerned is the plan presented herewith, because of the problems heretofore discussed relative to private easements and also because of the fact that streets need surfacing, now, and this improvement would be a cost over and above tke cost of putting utilities in 'private property, difference in costs between the rear-lot connection and the street connection; and Mrs, Charles Hoyt, 20 Circle Nest, asked that Council be certain it has the best bargain before approving improvement, Mr, Battin, vigorously opposing improvements, reported that when Hilldale and Rolling Green were platted the idea was to have a place where people could enjoy semi-rural living and the thought of sanitary sewer and water for the area was not considered at all; that building permits have been issued for residences with septic tanks , and that most people are having no trouble; that those Rolling Green residents who were having trouble have managed to correct their difficulties. and that Hilldale residents could do so, too, if they were willing to expend sufficient funds to do so, Mr, Carl. N, Platou, 1 Circle West, expressed himself as being strongly in favor of the improvement, saying he finds it quite inconceivable that anyone should be hesitant about a sanitary sewer improvement where there is raw sewage pollution suEh as that described by the Village Sanitarian; that this is disgraceful and anything but a credit to the Hilldale residentse informed that unless private system. fails connection will not be ordered, but that assessment to all properties will be levied upon completion of improvement, regardless of connection thereto, Mr. Kamisar, 5 Circle East, said he feels that there are some instances in He advocated She added she feels She was informed Manaeer Hyde told Council a question had been raised at the neighborhood He read Assessor Kearns' answer, which Mr, Ralph James, 8 Circle West, was concerned that the plan presented here Some discussion was had, with Mr. James volunteered to secure the necessary easements, Dr. J*E. Johnson, 5 Circle West, reported that his family has had no trouble, Mrs. I?,H, King, LO, Circle East, told Council she had had an engineer's Stating she feels the Village has not given The plan presented tonight, with both utilities in the street; Sewer along the rear lot lines and water in the streets; and 3, Both utilities Mr, James argued that residents could afford to pay for maintenance by the Inquiry was made as to necessity for immediate connection, and audience was Trustee MacMillan then offered the following Resolution and moved its adoption: 4/22/63 RESOLUTION ORDERING IMPROVEMENTS SANITARY SEUER IMPROVENENT NO, 205 AND WATERMAIN IMPROVEMENT NO. 174 BE IT RESOLVED by the Council of the Village of Edina, Minnesota, that this Council heretofore caused notices of hearings to be duly published on the following proposed improvements: 1. CONSTRUCTION OF VILLAGE WATERI*fAIN AND APPURTENANCES IN THE FOLLOWING : Cooper Ave. from Orchard Lane to Circle East-Circle West; Circle East from Cooper Ave, to East line of Hilldale Addn.; Circle West from Cooper Ave, to cul-de-sac; Circle East from 400' North of Coo?er Ave. to Circle West; Spur Road from Circle East to cul-de-sac 2. CONSTRUCTION OF VILLAGE SANITARY SEWER AND APPURTENANCES IN THE FOLLOWING : Cooper Ave, from Orchard Lane to Circle East-Circle Vest; Circle Vest fro171 Cooper Ave. to cul-de-sac; Circle East from Coooer Ave, to East line of Hilldale Addn,; Circle East from 400' North of CQoper Ave. to Circle West; Division St. from East line of Hilldale Addn. to Oxford Ave.; South line of Lot 8, Block 2, Hilldale Addn. from Circle West East line of Rolling Green Addn. from south line of Lot 8, to East line of Lot 13, Rolling Green Addn.; Block 2, Hilldale Addn. 469' South and at the hearings held at the time and place specified in said notice the Council has duly considered the views of all persons interested, and being fully advised of the pertinent facts does hereby determine to proceed with the construction of said improvements; that said improvements are hereby designated as follows: 1. CONSTRUCTION OF VILLAGE TIATERt-lALN AND APPURTENANCES as hereinbefore set forth WATERMAIN IMPROVEMENT NO, 174 2. CONSTRUCTION OF VILLAGE SANITARY SEWER AND APPURTENANCES as hereinbefore set forth SANITARY SEUER IWPROVEMENT NO * 205 and shall be referred to by said respective titles in all subsequent proceedings; and the areas to be specially assessed therefor shall be as follows: Addn.; Lots 1 thru 11, incl., Block 2, Hilldale Addn.; Lots 1 thru 9 incl., Block 3, Hilldale Addn.; Lots 1 thru 7 incl., Block 4, Hilldale Addn.; Lot 1, Brum's Addn.; Parcels Nos, 7400, 7600, 7800, 8000, 223, 1610 and 1650, all in Sec, 29, T.lI.7, R.21. Hilldale Addn.; Lots 1 thru 11 incl. , Block 2, Hilldale Addn.; Lots 1 thru 9 incl, , Block 3, Hilldale Addn.; Lots 1 thru 7 incl., Block 4, Hilldale Addn,; Lot 1,Brum's Addn.; Lots .13, 14 and 15, Rolling Green; W1/2 of Block 16, Emma Abbott Park; W1/2 of Lot 1, Block 1, Replat of Block 1, Emma Abbott Park; Parcels Nos. 7400, 7600, 7800, 8000, 223, 1610 and 1650, a11 in Sec. 29, T. 117, R.21. FOR t7ATERPlAIN IMPROVEMENT NO. 174 - Lots 9 thru 17 incl., Block I, Hilldale FOR SANITARY SEWER IMPROVEMENT NO, 205 .. Lots 9 thru 17 incl.., Block 1, Motion for adoption of the Resolution was seconded by Rixe, and on Rollcall there VanValkenburg, aye; and the Resolution wa COUNCIL CONTINUES PUBLIC HEARING UNTIL MAY 27, ON SANITARY SEVER IMPROVEMENT FOR GROVE ST., JOHNSON DR, TO HANSEN RD,: HANSEN RD., HHY*NO, TO HANSEfJ -RD. :- EASEtIENT FROH HANSEN RD. 169 TO W*60TH ST,: We6OTH ST., HANSEN RD, , TO INTERSECTION HT.IY.NO. 169 AND AYRSHIRE BLVD, EXTEJJDED. S . April11 and 18, 1963 of Notice of Public Hearings, and affidavit of mailing of notice to owners of affected properties, which affidavits were approved as to form and ordered placed on file. Pursuant to notice given, public hearing was called on above proposed improvement.. and area proposed to be assessed therefor, and Estimate of Cost was read at $94,966+67, proposed to be assessed against 52 connections, for $1,826.28 per connection. Hyde reported that petition for improvement has been received from fourteen property owners on Hansen Road; that about 1/3 of the estimated cost covers street surfacing replacement, and that jacking under the railroad tracks adds to cost. He added that there are no bad sewaTe disposal problems that we know of in this location, outside of one lot, where the cessnool has been pumDed several times and absorption rate is poor, Mr. Wegner explained reasons for his design, and the extension of the sewer beyond the line for which petition was made, adding that substantial petition has been peceived in objection to the proposal, covering all assessable lots except those for which improvement petition has been received and one other. presented to Council reasons for objection, summed up as follows: petFtion opFosing this project are in extremely high assessment areas, individually and as a group would not oppose needed improvement, we feel that this Clerk presented Affidavit of Publication in Edina-Morningside Courier Vu-Graph Slide was shown, setting forth route of proposed improvement Manager blr, R.L, Henning, 5324 k1.60th Str, "Many signers of the While we both 4/22 /63 -r .A' 85 proposed sewer is unnecessary in that no sewage problem generally exists or ? is anticipated, and the cost factor is oppressive to present home owners who are being asked by 13 signatories to assist them in increasing the value of their speculative property.'' the area in the $8,000 to $10,000 bracket; that added assessment will be more than owners can ever get from their properties Mr. Coleman, 5800 Hansen Road, owner of two lots, told Council he will be glad to pay for a sewer--that he has paid over $400 in four years for cesspool pumping:, and is going to have to pay more, those in favor, and that no general unsanitary condition has been proved, He asked that Council vote project down, Mr. John Borry reported that the area is heavy clay and not suitable for a private system; that sooner or later there must be sewer on Hansen Road; ?that the fact that Mr, Coleman is already having trouble is a good indication that others will also have it, Village Sanitarian Hensley was asked if there is evidence of general health problem in this area, He replied that he has had one or two telephone calls concerning sewage problems but that a survey has not been taken; that on Hansen Road he had to deny approval of one private disposal system because of the design and ground condition. Mr, Don Berg, 5900 Hansen Road, who explained he had construGted his own system on specifications from the U of M, mentioned he feels any existing system which is giving trouble can be corrected. Mr. C,E, Austin, 5509 Grove Street, asked if there are any alternate routes for this improvement, Improvement about to be assessed, pronerty owners on Grove Street between Hansen Road and Johnson Drive (three o€ whom are retired) will be bearing an assessment of approximately $6,000 each, will be required; was told connection will not be required unless private system fails--but that assessment will be levied upon completion of improve- ment, whether or not immediate connection is made. Mr, Terry Nein, 5801 Hansen Road, called Council's attention to the several young families in the area, for whom such an, assessment will be especially difficult; also to the fact that two of the lots for which sewer has $been requested'have been used as drainage pockets, Trustee VanValkenbur9 suggested that the Public Hearing be continued until the second regular meeting in May (May 27) in order that a survey might be taken to determine whether or not a public health problem exists in this area, and it was SO ordered, by motion Tupa, seconded by Rixe and carried, No general increase in developed property values will result, Mr. Hennalng elaborated, to say that there are several homes within over present valuation. Mr, C.J, Hoppe, 5729 Hansen Road, reported that objectors far outnumber He told Council that with the Storm Sewer Mr, Lechleitner, 5515 Hansen Road, asked whether immediate connection WATERMAIN TO BE CONSTRUCTED ON JOHN STREET FROM MALONEY AVENUE SOUTH TO CUL-DE- SAC AS PART OF WATERMAIN IMPROVEMENT NO1 172, Clerk presented Affidavits of Publication in Edina-Morningside Courier April 11 and 18, 1963, of "Notice of Public Hearings on Sanitary Sewers and Watermains", and of mailing of Notice to affected property owners. Pursuant to said Notice, Public Hearing was called on proposed construction of Lateral Watermain and Appurtenances in John Street from Maloney Avenue south to Cul-de-sac. read as $4,808.40, proposed to be assessed apainst eight connections, for $601.05 per connection, improvement on file, signed by four property owners; and, at this point, two persons spoke, asking that their names be added to petition, recommended that if this project is approved, it be as a part of :?atemain Improvement No, 172. none had been received prior thereto, and moved its adoption: , ' Estimate of Cost was It was reported that Village has petition for Mr, Wegner There were no objections raised at the Hearing, and Tupa ofrered the following Resolution RESOLUTION AMENDING RESOLUTION ADOPTED MARCH 25, 1963, ORDERING WATERMAIN IMPROVEMENT NO, 172 BE IT RESOLVED by the Council of the Village of Edina, Minnesota, that this Council heretofore caused notice of hearing to be duly published on the follow- ing proposed improvement : CONSTRUCTION OF VILLAGE WATERVAIN AND APPURTENANCES IN JOHN STEET FROM MALONEY AVE. SOUTH TO CUL-DE-SAC and at the hearing held at the time and place specified in said notice the Council has duly considered the views of all Fersons interested, and being fully advised of the pertinent facts does hereby determine to proceed with the construction of said improvement; that the Village Engineer's report recommending that construction of said improvement be an integral Dart of WATERMAIN IMPROVEMENT NO, 172 is hereby accepted; and that the Reskution Adopted by this Council March 25, 1963, Ordering Watermain Improvement No, 172 is hereby amended to include in the scope of said improvement the and to include in the area proposed to be assessed €or said WATERMAIN IMPROVE- CONSTRUCT1 ON OF VILLAGE WATERMAIN AND APPURTENANCES IN JOHN STREET FROM MALONEY AVE, SOUTH TO CUL-DE-SAC 4/22/63 TEHT NO. 172 all lots and tracts of land abutting John Street from Maloney Avenue South to Cul-de-sac. 86 Notion for adoption of the Resolution was seconded by MacMillan, and on Rollcall TO NAY 27 FOR ADDITIONAL INVESTIGATION, construction of Sanitary Sewer in BEake, Scriver and Lake Ridge Roads , having Public Hearing was called on proposed been continued from the meeting of April 8, the objectors, told Council that 'virtually everyone in the assessable area has indicated his objection to the proposed improvement; that there is only one piece of property in this area where there was a definite known problem existing, He asked that with almost a ananimous objection and practically no sanitary problem in the area, the Council deny the petition, Village Sanitarian Hensley reported that In addition to Dr. Shea's lot there is one lot on Lake Ridge Road on which soil tests were not good; that recent tests of Dr. Shea's lot have showed a pocket of gravel, but that two other tests, made when Dr, Shea was pumping, showed 20 feet of solid clay; that the old Scriver property was having sewage trouble four years ago, has been vacant for some time and re-occupied only two weeks ago so that it is not known at this time what will happen there. He added he would highly recommend extension of sanitary sewer into the Blake Road-Scriver Road-Lake Rid9e Road area, that he feels this is important, Mr, Hyde queried Mr, Hensley about the condition of Mirror Lake, and Hensley reported it is heavily polluted from sewer, that there is no evidence of pollution from Lake Ridge Road, only last week, which isn't much time for such a study, but that there is a high algae bloom on the lake, indicative of pollution. Shea if he would be willing to put in a new private system pursuant to discovery of the gravel pocket. constitutes the gravel Dut in for his original drainfield, and that this would have to be determined before further consideration could be given to a private system. at some future time in this portion of Blake Road, adding that his clients have indicated to him that the wait or delay of two or three years in constructing sewer, until watermain construction, would be of great assistance to them, He asked that Council give property owners some idea as to what the watermain situation might be. Mr, Charles Spring, attorney for He stated tests had been begun on Hirror Lakes 14r. Hyde asked Dr, Dr. Shea told Council he feels the so-called gravel Docket Nr, Spring asked concerning a proposed trunk watermain to be constructed .. PROPOSED kIATERMAIN -FOR THIS AREA BRIEFLY DISCUSSED. Answering Mr. Spring s quest?on, Engineer Hegner informed Council that it must decide what is to be done about serving the area outside the recently approved TRUNK WATERMAIN NO. 171 district, which has petitioned for water service; that if Council wishes to serve these people now, it can - 1, small area south of Maloney Avenue, or - 2, necessary to bring the watermain west from Interlachen Road and t.Iirt.or Lakes Drive--which would serve the area now under discussion, as well as the south-o€- Maloney Avenue-group, now, the cost to those remaining will, be at least $25 per Lot higher than if the entire area is served at one time; that the water system will be improved if the large'-trunk is constructed and that it seems certain that it must be constructed within four, if not three, years. Insofar as the pro?osed Sanitary Sewer Improvement is concerned, Mr. Spring advocated that the Council refuse to penalize the several neighbors for one man's problem. consider running the line up Blake Road as far as Dr.Shea's property, assessing the entire area on a "trunk sewer" basis, Road which had been giving some trouble, told Council he cannot conceive that problem is so great that it will cost much money to fix it; that he will not penalize his neighbors for his otm problems, spent almost $2,000 since 1955, and has no guarantee that his system will last; that as the area builds up, with the platting of the Scriver Addition, there will certainly be additional sewage problems Mr. A.T, Leonard, 5305 Blake Road, reported that after a bad experience with a $1500 sewage system he had, 10 years ago, put in a new one for $2600, which had been working well ever since; that he feels he should not be penalized by having to construct a system he can't possibly user Rixe's motion, that Public Hearing be continued to May 27, for investigation as to whether Dr. Shea can put in a satisfactory private disposal system, tias seconded by Tupa and carried. Establish a small trunk district for this Establish the large trunk district He added that if a small trunk district is established, He suggested that as an alternative to the lateral assessment, the Council Mr. Fred Bieber, 5105 Lake Ridge Road, who stated it is his lot on Lake Ridge U Dr. Shea Stated he feels this Is more than a one-family problem; that he has 4/22/63 8% -*7 i NO. 4246 VALLEY VIEW ROAD RE-ZONED FROM OPEN DEVELOPMENT DISTRICT TO R-3 MULTIPLE RESIDENCE DISTRICT, Morninqside Courier Anril ll and 18, 1963, of "Notice of Public Hearing on Petition for Rezoning-"; and Planning Director Hite reported Notice had been mailed to owners of affected properties, Pursuant to due notice Tiven, Public Hearing was called on the petition of Mr, Roger Findell for the Rezoning from Open Development District to R-3 Multiple Residence District of "Lot 2, Block 1; Findell Addition and that part of Outlot 1, Hipne's Pamela Terrace lying Southerly of a line drawn from the Northwest corner of Lot 2, Block 1, Findell Addition to the Northeasterly corner of Lot 2, Block 1, Hippe's Pamela Terrace", this property being at 4246 Valley View Road, Multiple Dwelling, together with a site drawing showing useage of surrounding properties, also reviewed. objections had been received by the Clerk prior thereto. following Ordinance, moving that Council dispense with second reading and adopt as offered: Clerk presented Affidavit of Publication in Edina- c Planning Director Hite presented a sketch of the proposed Planning Commission's favorable recommendation of April 3 was Rixe offered the No objections were registered at the Hearing, and no written ORDINANCE NO, 261-74 AN ORDINANCE AMENDING ORDINANCE NO, 261 (ZONING ORDINANCE) OF THE VILLAGE OF EDINA, ESTABLISHING R-3 MULTIPLE RESIDENCE DISTRICT THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS: Section 1, Paragraph I, Multiple Qesidence District Boundaries, of Section 4 (Multiple Residence District) of Ordinance No, 263. of revised ordin- ances of the Village of Edina, is hereby amended by adding the following sub- paragranh: District R-3 : "91) Lot 2, Block 1, Findell Addition and that part of Outlot 1, Hippe's Pamela Terrace lying Southerly of a line drawn from the Northwest corner of Lot 2, Block 1, Findell Addition to the Northeasterly corner of Lot 2, Block 1, HiDpe's Pamela Terrace ,I1 Section 2. This ordinance shall be in full force and effect from and after its passage and publication according to law. Motion for waiver of second reading and adoption of Ordinance as submitted was seconded by Tupa, and on Rollcall there were four ayes and no nays, as follows: MacMillan, aye; Tupa, aye; Rixe, aye; and VanValkenburg, aye; and the Ordinance I FRONT YARD VARIANCE OF SIXTEEN F&T GRANTED FOR 5509 INTERLACHEN BLVD, Director Hite presented Affidavit of Mailing of Notice of Hearing to all owners Planning of affected Droperties, on the Petition of Mr. Wallace Kenneth for permit to construct a dwelling sixteen feet closer to Interlachen Blvd., at 5509, than the line established by the house at 5505--which has a setback of 57 feet. Hite told Council Mr, Kenneth has received written consent of all prouerty owners involved; that the Planning Commission acted favorably on the petition on April 3; that the variance will actually be reduced to about 12 feet. objections were registered at the Hearing, and no written objections had been received prior thereto. yard requirements be granted was seconded by MacMillan and carried, Mr, No Tupa's motion that petition for variance from front SIDE YARD OF ONE FOOT GRANTED FOR CONSTRUCTION OF GARAGE AT 5413 YORK AVE. SO. Public Hearing was conducted on Fetition of Evelyn G, Martin for permit to construct a garage within one foot of her north proDerty line, affidavit of mailing of Notice of Hearing, which was approved and acdered placed on file. on this Detition because the common practice in this area of small lots has previously been to so locate garages+ No objections were registered at the Hearing and none had been received prior thereto. petition be granted was seconded by Tupa and unanimously carried. flr. Hite presented He reported to Council that Planning Commission has recommended favorably MacMillan s motion that FIVE-FOOT SIDE YARDS PERMITTED FOR 5532 KELLOGG AVENUE. of Mailing of Notice of Hearing, Mr. Hite reported that at the time most of the After presenting Affidavit homes in this area were built side yard requirement was five feet, whereas zoning ordinance now requires six feet; that owners of both adjacent properties have given their written assent to five-foot yards. No objections filed. Tupa's . motion that request for five-foot side yards at 5532 Kellogg Avenue be granted was seconded by MacMillan and carried. 88 4/22/63 REZONING OF PEARCE PROPERTIES AT 66TH STREET AND YORK AVENUES AGAIN DISCUSSED: FILLING STATION USE, meeting for the rezoning of the Pearce triangle, Planning Oirector George Hite 'TRIANGLE REZONING TO BE REFERRED BACK TO DISTRICT COURT FOR DECISION ON GASOLINE Relative to Attorney Josiah Brill's request at the last (i reviewed for Council and audience the location of the two Pearce tracts, Tract being the large site on the North side of W.66th Street and York Avenue extended and South of W.65th Street extended, and Tract ltB'?''the westerly portion of the triangular area lying between 1.1.66th Street and York Avenue extended, Brill again appeared before the Council and asked that the Council adopt an ordinance rezoning Tract lrBlt in accordance with the decree of the Hennepin County District Court as affirmed by the Hinnesota Supreme Court. VanValkenburg stated that the Council had given careful consideration to that request; that he understood that the members of the Council felt that, although they were required by the District Court to rezone Tract lrBrr for commercial uses of a kind which would not unduly increase the traffic surrounding said tract, that they were not required by the District Court to rezone the property in such a way as to authorize the use of the property for a gasoline filling station; that because of its size and traffic problems this Council believes there should not be a filling station on this tract. is required to rezone to permit a gasoline filling station. lilr, Rixe moved that Tract rrB1r be rezoned to permit' such tract to be used for all purposes authorized in the Community Store district except gasoline filling stations, subject to approval in advance by the District Court of Hennepin County, and that the Village Attorneys be instructed to petition the District Court to determine whether such action would be in compliance with its decree, and it was unanimously carried. Wr. Brill agreed that this is the proper legal action for the Council to take, asking that petition be filed with the Court at the earliest possible time. He suggested that the Council include in its petition the request for a lourt ruling on the legality of the Council's amending the provisions of the Community Store District relative to setbacks and off-street parking. Attorney E, J. Schwartzbauer advised Council that the Court must have specific recommendations to decide whether they are reasonable or unreasonable; that the Planning Commission has not voted on recommendations for proposed changes; and that until the Council has something more concrete he would recommend that no action be taken, He added that the Council could not pass a resolution which gives assurance that nothing will be done at any time in the future to change the requirements of the Community Store District. explained to Council that Mr. Brill was in attendance at a Planning Commission Heeting at which a discussion was held on the development of all commercial properties, off-street parking and setbacks being generally discussed, and that no Sirm recommendations hwe as yet been formulated by the Commission for Council consideration, but that when such recommendations are f ormulated they will apply uniformly to ccxnmercial properties in Edina, Mr. Nr. Attorney Brill stated that he believed the Council Mr. Tupa seconded the motion Planning Director Hite JUDGJENT TO BE FILED AGAINST ALL APPELLANTS AND INTERVENORS FOR COSTS OF FRANCE AVENUE PAVING ASSESSMENT ACTION. Attorney Whitlock told Council that Court has allowed the taxation of costs in the matter of the France Avenue Paving Suit, totalling $2,129,63 ; that he would recommend that prior to entering judgment against the appellants we send them a letter stating that if they pay their proportionate share of the costs within 60 days judgment will not be entered but that if money has not been paid by that time judgment, jointly and severally, will be entered for the unpaid balance, NacMiLlan and carried, Tupa so moved. Hotion seconded by "YEARLS SUPPLYtt CONTRACTS AWAQDED, Edina-Morningside Courier and Con&ruction Bulletin April 4 and 11, 1963, of Clerk presented Affidavits of Publication in l'ADVERTISEMENT FOR BIDS-gasoline ; diesel fuel; chemicals for water -supply; sodium chloride HCC; sand, bituminous materials, rock". for bids, Manager Hyde presented Tabulation of Bids taken April 15, copies of which tabulation were given to memb,ers of Council, and are also on record in Clerk's Office. low bidders will be reported here unless unusual action was taken by Council. Refining Company at $. 0471 Discount from Normal Posted Consumer Truck Wagon Price ; Midland Cooperatives, Inc, and American Oil Company tied at $.04 Discount. Recommendation was for award to low bidder (See confirming action later in meeting). At this time, Trustee Tupe asked if it is proner to award bids for Village supplies to out-of-state organizations, or if we should favor in-state organizations which pay Minnesota taxes. Attorney Spencer advised that the state statute provides that contracts be awarded to Itthe lowest responsible bidder"; that any leaning toward awards to in-state bidders would soon eliminate bidders from out of state to the eventual detriment of the Village. GASOLINE - Approx, 115,000 Gals. 89 Minimum Octane; Approx. 10,000 Gals. 98 Hinhum Octane: market quotation for 89 Octane and $*0714 for 98 Octane; Second low for 89 Octane was Midland Coooeratives, Inc. at $.0519: Second low for 98 Octane was Sinclair Pursuant to said advertisement For purpose of brevity, only number of bidders, low and second 1, DIESEL FUEL - Approx, 35,000 Gals, 2D - Three bids: Low Bidder Sinclair 2. Seven bids: Low Bidder Texaco, Inc. at $.OS14 over low or only Refinzng Co. at"$*0714. -Recornmendation was for award to Texaco, Inc. for both. gee confirming action later in meeting), .* 4/22/63 89 3. CONCRETE SAND FA-1, approximately 3,000 tons. Four bids: Anderson Aggregates, 1ncrr at $1.15 per ton Delivered; $,35 per ton loaded at plant; second-low bid, Hedberg G Sons, Inc., $1.15 Delivered; $.55 loaded at plant, Here, the recommendation was for award to Hedberg E Sons, Inc., for the reason that the materials are usually picked UB, and it would cost in excess of $.20 per ton (See confirming action of Council later in meeting). Inc. low bidder at $l,?O per ton Delivered; $.90 per ton loaded at plant; Northwestern Gravel Co., Inca second low at $1.74 and $1.25 respectively. Recommendation, award to low bidder. in meetin?). Roberts Co, being low bid on materal loaded at plant, at $1.45 per ton; Northwestern Gravel Co., Inc. second low at $1.75 loaded at plant and $2.14 Delivered, it is very seldom that we call for any of this material delivered. confirming action of Council later in meeting). Five bids, BGR Rock Products being low bidders at $1.17 Der ton Delivered, and $,70 per ton loaded at plant. Second low was Northwestern Gravel Co,, Inc. at $1.39 and $,75 respectively. Recommendation, award to low bidder. in meeting). G Sons, Inc. Low bidder at $2.00 per ton delivered; $1.35 loaded at plant. bidder was BER Rock Products at $2,20 and $1.50 respectively. award to low bidder, (See confirming action of Council later in meeting). Kraemer E Sons, Inc. low bidder at $6.45 per ton Delivered; $5.60 per ton loaded at plant. alternate. Recommendation award to low bidder. (See confirming action of Council later in meeting). Four bids, Blacktop Service being low bidder at $6.00 per ton Delivered, $5,30 loaded at plant. respectively, Recommendation, award to low bidder, (See confirming action of Council later in meeting), LO. CUT-BACK ASPHALT: MC-0,1,2,3,4; approx. 100,000 gals. Five bids, Richards Oil Company low bidder at $..39 per gal. Delivered; $.lo91 per gal. loaded at plant* respectively. Recommendation, award to low bidder. (See confirming action of Council later in mee8ing). to haul from the Anderson plant, whereas the Hedberg plant is in Edina. 4. BUCKSHOT FA-4, approximately 2,000 tons. Five bids, Anderson Aggregates, (See confirming action of Council. later 5. BOBRSE 3,000 tons. Six bids, Oscar Recommendation was €or award to low bidder, Manager Hyde stating (See 6, GRAVEL BASE CLASS 5, approx. 2,000 tons, (See confirming action of Council later 7, CRUSHED ROCK BASE CLASS 3, approx, 2,000 tons. Two bids, Edward Kraemer High Recommendation, 8. SEAL-COAT CHIPS FA-3, CLASS A, approx. 1,000 tons. Two bids , Edward High bid was Blacktop Service at $6.80 loaded at plant, with no 9, READY-MIX BITUMINOUS MATERIALS: MC-2,3; AC-1,2, approx, 2,500 tons. Second low was Bury E Carlson, Inc. , at $6.00 and $5,50, W.H, Barber Oil Company second-low at s.1166 and $.1115 11, EMULSIFIED ASPHALT KATIONJC: RS-2K,3K, approx. 15,000 gals. Two bids L.N, Sickels Company low bidder at $,1327 Der Eal. Delivered: s.1275 loaded at plant; W,H. Barber oil Company high bidder at $.1352 and $.13 respectively, Recommendation, award to low bidder. in meeting). 12 . Oil and Fuel Company being low bidder at '$.265 per gal. Delivered; $.26 loaded at plant; J,V, Gleason Co. in this case was for award of bid to J.V. Gleason, who wholesales for Western Oil and Fuel Company, (See confirming action of Council later Two bids. Western RUBBERIZED SEAL-COAT ASPHALT, approx. 5,000 gals, high bidder at $.27 and $.26 respectively. Recommendation (See confirming action of Council later in meeting). 13. SODIUM- CHLORIDE (HCC) approx, LOO tons. Four bids, Car&, Inc, being low bidder at $15.40 per ton Delivered; $14.90 per ton loaded at plant, Cutler-Magner Company and Morton Salt Company were tied for second-low, at $15.60 and' $15.10 respectively. inhibitor added ton delivered, with no bid loaded at plant. Inc. ' (See confirming action of Council Later in meeting). being low bidder at $3.50 per 50-lb. bag, less 2% discount for cash within 30 days, Second low was Jones Chemicals, Inc. at $3.45 Net. bidder. (See confirming action of Council later in meeting). low bidder at $3,00 per 100-lb. bag, less 2% discount for cash within 30 days. Second low was Jones Chemicals, Inc. at $2.96 Net. to low bidder, An alternate bid was also taken , with corrosion Cutler-Magner and Morton Salt Company both bidding $20 . 00 per Recommendation, award to Cargill, 14. CELITE 545, approx, 8,000 lbs. Five bids, McKesson G Robbins, Inc. Recommendation, award to low Five bids, McKesson G Robbins, Inc. Recommendation was for award 15. LIGHT SODA ASH, approx, 9,000 lbs, (See confirming action of Council later in meeting). .2 - 16. CALCIUM CHLORIDE-FLAKE , approx , 25 tons . Four bids McKesson G Robbins , Inc., low bidder at $2.75 per 100-lb. bag, less 2%,discount for cash within 30 days. Second low was Lyon Chemicals, Inc. at $2.87 less 2%. low bidder, 17, Inc. low bidder at $.OB85 ner lb. Net; Lyon Chemicals, Inc., second low at $.0923 less 2% discount for cash within 30 days. (See Council action confirming, later in meeting). Recommendation, award to " (See confirming action of Council later in meeting), HYDROFLUOSILICIC ACID 25%, approx. 81,000 lbs. Four bids, Jones Chemicals, Recommendation, award to low bidder. 4/22/63 18. Lyon Chemicals, Inc. was low and only bidder at 53.l9 per 80-lb, bag, less 2% discount for cash within 30 days. action by Council later in meeting, Hawkins Chemical, Inc. , Jones Chemicals, Inc. Lyon Chemicals, Inc. and McKesson & Robbins, Inc., being tied at $21'37 per 150-lb. Net Cylinder? less 2% discount for cash within 30 days. Net, bidders. in bookkeeping and administration expense. bidder should get this business, suggesting that perhaps the name could be dratm. Mr. Hawkins of Hawkins Chemical, Inc., asked for the business, saying that in past years his company had received orders for only half to one-third of the amount awarded to it, award, stating his is a local ccxnpany whose taxes do go to the State of Minnesota, that his family lives in Edina and pays taxes, here; that Lyon served Edina when it was possible to get this material nowhere else (this, during the war). asked to draw a name to ascertain the successful bidder. She drew the name of Lyon Chemicals , Inc. AM0NIUE.I SULPHATE 25%, approx. 12,400 lbs. Recommendation, for award to Lyon Chemicals, Inc. (See confirming 19. LIQUID CHLORINE, approxI 28,000 lbs, Five bids,the bids of The fifth bidder was Minnesota Chemical Co. at $21.35 Recommendation was for award of the entire 'contract to one of the tied Nanager Hyde explained that to award to more than one bidder results He had no recommendation as to which Mr, Ed. Wyman of Lyon Chemicals also asked for A League of Women Voters representative from the audience was Tupa then moved that Council award "year's supply" bids in accordance with Manager's recommendations, and that award be made to Lyon Chemicals, Inc. for Liquid Chlorine. Motion was seconded by Rixe and unanimously carried, PLAYGROUND EQUIPMENT BIDS HELD TO. MAY 13TH I4EETING. today pursuant to Advertisement for Bids published in Edina-Morningside Courier and Construction Bulletin April 11 and 18, was Dresented. It showed receipt of two bids, Miracle Equipnent Company being low bidder at $19,466.00; Don Hayward Park and School Equipment Company, $20,511.00. Manager Hyde asked that bids be held until next meeting for investigation. that he believed retail prices were given. did submit retail Drices-but that his prices are retail for non-installed equipment, whereas Villao,e specifications call for the equipment installed in the narks, in May,was seconded by Rixe and carried. TRUCK PURCHASE AWARDED TO LOV BIDDER, BOYER-GILFILLAN. today, pursuant to advertisement Dublished in Edina-Morningside Courier and Construction Bulletin April 11 and 18, showed receipt of five bids, Boyer- Gilfillan Motor Company bidding on a Ford F350, being low bidder at $2,470.00; Bob Knoles Ford, second low at $2,484.32, and Suburban Chevrolet Company high bidder at $2,553.70. Tupa's motion for award in accordance with recommendation was seconded by Rixe and carried. Tabulation of Bids, taken His objection to award tonight was Nr. Don Hayward told Council he Hact4illan's motion, that action on bids be delayed until first meeting Tabulation of bids taken Recommendation was for award to Boyer Gilfillan at $2,470.00. This is a one-ton stake truck for use by Park Department. FOUR WHEEL DRIVE LOADER CONTRACT AWARDED TO MIDWAY TRACTOR G EQUIPHENT COMPANY Manager Hyde presented Tabulation of Bids taken today, on a Four Hheel Drive Loader for the Park Department, budgeted at $3,900, four bids, one bid being on a used vehicle (Clean Sweep Company, at $2,280.00), Low bid on new equipment was that of Midway Tractor & Equipment Company for Ford Model 21201, at $3,062.00; next-low was Midway Tractor on Ford Mcdel 21201-7, at $3,175.00; high bid being that of H.C. Ormes Construction Company on Melroe Plodel M444 at $3,350.00, Equipnent Company, on the Ford Hodel 21201, at $3,062. seconded by I4acMillan and carried . Tabulation showed receipt of Recommendation was for award to Nidway Tractor E Tupa so moved, Motion REQUESTS FOR RELIEF FROX SPECI-AL ASSESSMENTS FOR STORM SEWERS REFERRED TO VILLAGE ENGINEER FOR INVESTIGATION AND REPORT. for relief €ran special assessments for storm sewer assessments, being as follows: Clerk presented to Council two written requests 1, Mr. \I. J, Glockner, 5517 NcGuire Road, who states his lot is crossed by I a service road; that he does not use the land on the far side of the service road and should not be assessed for this 6,000 sq. ft, noted that the service road is not a dedicated street, but simply an alley. Mr. John T. Bessessen, 4730 !I, 60th St., on grounds dhat there is no need for storm sewer because ground provides its okrn natural drainage. (This is Storm Sewer Improvement No. 50, and appeal is being taken to Court from this assessment * Attorney Spencer zdvised Council a Public Hearing must be held before any assessment adjustment can be made. investigation and report. It was (This is Storm Sewer Improvement No. 60). 2, Both requests were referred to the Village Engineer for CATCH BASINS ABOVE STREET LEVEL DISCUSSED. basins are above street level in the Rutledge-Division St. area; was informed by Mr. Negner that streets need to be built up to grade (this being an informal answer, with out in Trustee Tupa inquired as to why catch vestigation on his part). 4/22/63 9 d I m 4 b TT, c4 Po I 'I PETITION FOR STREET SURFACING AND CURB ACCEPTED. Portland Cement Concrete Paving with Integral Curb, in Cahill Road from V1.66th Street to W,68th Street, and in W.67th Street from West line of Subdivision to Cahill Road, programming, by motion Tupa, seconded by Rixe and carried, Clerk submitted petition for,:.I Petition was accepted and referred to Village Engineer for OFF-SALE BEER LICENSE APPROVED FOR KROGER, INC., AT 5125 VERNON AVE, &plication for license to sell beer, off-sale, at their new store at 5125 Vernon Avenue, was approved by motion Rixe, seconded by Tupa and carried, Kroger's CITIZENS LEAGUE PLAN FOR SINGLE MUNICIPAL COURT FOR HENNEPIN COUNTY SUPPORTED BY-EDINA, a sinqle municinal court for Hennepin County has now been reviewed by the Mr. VanValkenburg told Council that the Citizens League Plan for Senate delegation, which has added- some protections to the original plan; that the League now wants municipal support for presentation to the House, that the plan is good because it does establish full-time courts and abolishes the Justice of Peace system, and that in addition it now provides that all revenues stay in the localmunicipality. supDort this particular plan. .individual municipalities to judges who had just been elected to six-year terms, but there was no definite information available on this matter. Tupa offered the following ResolutJon and moved its adoption: Saying He reconmended that Edina fomnally Some discussion was had concerning payment by RES~LUTION RE COURT SYSTEMS WHEREAS, there have been suggested for possible legislation by the 1963 Minnesota Legislature several proposals dealing with the question of Municipal Courts in Hennepin County; and WHEREAS, the Edina Village Council has studied and discussed them; and WHEREAS, the proposal known as the "Citi'zens League Plan" proposes a single municipal court for Hennepin County and now requires that: (1) (2) all revenues stay in the local municipality, a local court in each senatorial district, which will obviate most of the travel by suburban officials to serve as witnesses, (3) creates full time judges and abolishes J,P's, IT IS HEREBY RESOLVED: That the Edina Village Council does support the Citizens League Plan as above qualified, 14otion for adoption of the Reaolution was seconded by Rixe, and on Rollcall. there were four ayes and no nays, as follows: MacMillan, aye; Rixe, aye; Tupa, BIDS SCHEDULED FOR SANITARY SEWER IMPROVEMENTS NOS' 203, 204 AND 205, AND WATERMAIN IMPROVEMENTS NOS, 173 AND 174, Xerxes Avenue Sanitary Sewer and Watermain Connections completed at the darliest possible time in order that Hennepin County will experience no delay in its street improvement project; that requests have been rec eived for the immediate improvement of Barrie Road by construction of Sanitary Sewer, and that Hilldale's Sanitary Sewer and Watermain projects should go forward, now, Mr, Wegner asked for authority to advertise for bids for these projects, Sayin3 he would like to zet the Tupa offered the following Resolution and moved its adoption: RESOLUTION APPROVING PLANS AND SPECIFICATIONS FOR PROPOSED SANITARY SEWER AND WATERMAIN IMPROVEMENTS, AND DIRECTING ADVERTISEMENT FOR BIDS BE IT RESOLVED by the Village Council of the Village of Edina: 1. The plans and specifications for the proposed SANITARY SEklER AND WATERMAIN IMPROVEMFNTS set forth in the following Advertisement for Bids forms, heretofore prepared by the Village Engineer and now on file in the office of the Village Clerk are hereby approved, 2, The Clerk shall cause to be published twice in the Edina-Morningside Courier and the Construction Bulletin the following notices:for bids for said improvements : (a> ADVERTISEMENT FOR BIDS SANITARY SEWER AND WATERMAIN SERVICE CONNECTIONS SEALED BIDS will be received and opened in the Council Chambers in the Edina Village Hall, 4801 N. 50th St,, at 1l:OO A*M., Monday, t4ay 13, 1963, and the Edina Village Council will meet at 7:OO P.M., on Monday, May 13, 1963, to consider said bids being for the following: 1. CONSTRUCTION OF VILLAGE SANITARY SEWER SERVICE CONNECTIONS AND APPURTENANCES IN THE FOLLOWING : West side of Xerxes Ave. from kl,54th St, to W.62nd St, 2. CONSTRUCTION OF VILLAGE WATERMAIN SERVICE CONNECTIONS AND APPURTENANCES IN THE FOLLOWING: Xerxes Ave, bJ, Side, from W.54th St* to b1*62nd St* 92 4/22/63 Vork must be done as described in plans and specifications on of the Village Clerk, Plans and specifications are available $10.00 (by check), which deposit will be refunded upon return specifications. No bids will be considered unless sealed and file in the office for a deposit of of said plans and accompanied by cash deposit, bid bond or certified check payable to the Village Clerk in the amount of at least ten (LO) percent of amount of base bid. right to reject any or all bids, BY ORDER OF THE EDINA VILLAGE COUNCIL. The Council reserves the GRETCHEN S, ALDEN Village Clerk (b) ADVERTISEMENT FOR BIDS SANITARY SEVERS E WATERMAIN SEALED BIDS will be received and opened in the Council Chanbers in the Edina Village Hall, 4801 11, 50th St., at 1l:OO A.W., Friday, 14ay 24, 1963, and the Edina Village Council trill meet at 7:OO P,M, , on Monday $ r4ay 27, 1963, to consider said bids being for the following: 1. CONSTRUCTION OF VILLAGE SANITARY SEWERS AND APPURTENANCES IN THE FOLLOkIING: A. Cooper Avenue from Orchard Lane to Circle East-Circle West Circle West fron Cooper Avenue to cul-de-sac Circle East from Cooper Avenue to east line of Hilldale Addition Circle East from 400' north of Cooper Aver to Circle Hest Division Street from East line of Hilldale Addn, to Oxford Ave. Spur Road from Circle East to cul-de-sac South line of Lot 8, Block 2, Hilldale Addn, from Circle West to east line of Lot 13, Rolling Green Addn, East line of Rolling Green Addition from south line of Lot 8, Block 2, Hilldale Addn, 469' South, 3. Barrie Road from Nest 65th St. extended to 460 feet South A. 2. CONSTRUCTION OF VILLAGE VATERNAIN AND APPURTENANCES IN THE FOLLOkIING: Cooper Avenue fron Orchard Lane to Circle East-Circle Uest Circle East from Cooper Ave, to east line of Hilldale Addition Circle Uest from Cooper Avenue to cul-de-sac Circle East from 400' north of Cooper Ave. to Circle Hest Spur Road from Circle East to cul-de-sac, Vork must be done as described in plans and specifications on file in the office of the Village Clerk, $10.00 (by check), which deposit will be refunded upon return o€ said plans and specifications, deposit, bid bond or certified check payable to the VFllap,e Clerk in the amount of at least ten (LO) percent of amount of base bid, risht to reject any or all bids, BY ORDER OF THE EDINA VILLAGE COUNCIL, Plans and specifications are available for a deposit of I No bids will be considered unless sealed and accompanied by cash The Council reserves the GRETCHEN Sa ALDEN Village Clerk 3. hereby adopted as the terms and conditions of award of the contract for? said improvement. Each and all of the terms of the foregoing advertisement for bids are Motion for adoption of Resolution was seconded by Rixe, and on Rollcall there were lkenburg, aye; and the Resolution was ,, Village Building Inspector, dated April 8 and 15, respectively, relative to the conditions existing at the dwellings at 5208 I.1.62nd Street and 6320 Gleeson Road, his opinion both these dwellings constitute "dangerous and substandard dwellings" under the terms of Village Ordinance No, 148A, and should be removed, Report was supplemented by photographs. Tupa's motion, scheduling Public Hearings for May 27, at 7:OO P.I.I., to determine whether the above described structures should be ordered repaired, vacated and repaired, removed, or demolished, in accordance with the provisions of Ordinance No, 148A, was seconded by Rixe and carried, Mr. Smith's reports stated that in CLAIMS PAID. dated April 22, 1963, was seconded by Macl4illan and carried: $20,897.40; Construction Fund, $3,314.41; Park, Park Const, E Swim Pool, $146,067.13; Waterworks Fund, $1,899,84; Liquor Fund, $80,360.83; Sewer Rental Fund, $680.74; and Improvement Funds, $935.84; TOTAL, $254,156.19. Tupa's motion for payment of the following Claims, as per Pre-List General Fund, Relative to claims, Manager Hyde reported that the claims paid to Edina Country Club , amount $67.52, and $38.00; that these expenses were incurred for the Edina from St.Boniface, Canada--that the Canadians' check was Hyde and has been deposited to the VilLage General Fund next Pre-List will show Park Bus Cozpany, amount tour taken by the delegation drawn to the order of Nr. account. 4/22/63 93 7 COUNCIL INVITED TO DISCUSSION NEETING RELATIVE TO HIGH RISE APARTMENTS MONDAY , APRIL 29,. Planning Director Hite told Council a whole series of meetings is now being held about the proposed high-rise apartment development on the Jensen Farm, the next of which is next Wednesday, at 7:30 P.M. at Calvary Church at Antrim Road and W.69th Street, to which any or all members of the Council are invited; that the Planning Commission invites the Council to a general discussion meeting on April 29, at the Village Hall, ' { VILLAGE MANAGER HYDE NOKCNATED BY COUNCIL FOR C, C. LUDIJIG AVARD OF LEAGUE OF ML"ES0TA MUNICIPALITIES. placing Plr, Hyde's name in nomination for the League of Minnesota Municipalities' V.C. Ludwig Award''$ offered each year to the official or employee of a member municiDality who has the most outstanding record of public service for his municipality among those nominated, and moved its adoption: Mayor Pro Tem VanValkenburg enter%ained a motion MacNillan offered the following Resolution RESOLUTION NOMINATING WARREN C. HYDE FOR C. C. LUD!.JIG AVARD annual award designated as the I'C. C. Ludwig Award" for distinguished municipal service by an official or employee of a member municipality who has an outstanding record of public service for his municipality; and WHEREAS, Warren C. Hyde as the Village Manager of Edina, has among other accomplishments in the field of municipal government: WHEREAS, the League of Minnesota Municipalities has established an 1, 2. 3, 4, Served as the first manager of Edina's Plan B form of government since 1955, Led the Village staff in its efforts to serve the public, which have prompted numerous public compliments, Served as Edina's representative on many committees and boards of local, county, state and national governmental scope, Strived to make his community a better place in which to live by taking the long-range approach to problems and solutions for the benefit of Edina and its neishboring communities, Instilled a spirit of loyalty, devotion and service among residents and employees of Edina for the advancement of Edina; and 5. WHEREAS, the position occupied by Warren n. Hyde is of such a character that he has not been expected to assume figurehead leadership in Edina's municipal achievements, it is unquestioned, however, that he has been at least among the prime movers behind such accomplishments as the Village's park develop- ment DroTram (750 acres including a golf facility and municipal swimming pool), underground water reservoirs to enhance the aesthetic qualities of Edina, and in general, the programming of municipal services on the highest standards at economical costs; and by the fact that all Hennepin County governmental officials readily acknowledTe him as a chief spokesman of the suburban interests; and WHEREAS, Warren C. Hyde has Dlayed a major role in such inter-govern- mental issues as the Uniform Suburban Gas Franchise, a device to provide the suburbs with a voice in the rate-making process for natural gas supply; redistricting of the representative 'base of the HenneDin County Board to insure a more equitable voice for suburbs in county government; and the prevention of disproportionate suburban expense in the County assumption of MinneaDolis General HosDital; and HHEREAS, Warren C. Hyde's devotion to the field of municipal service is evident in his long-standing efforts to provide the public employees of Minnesota with an improved retirement program; and improved municipal management and has frequently appeared before Local legislative bodies to promote professional municipal administration; and difficult for this Council tp pinpoint, and for Warren C. Hyde to acknowledge, his outstanding role in all phases of municipal administration: of Edina, Minnesota, that this Council here assembled does nominate WARREN C, HYDE for the C, C, Ludwig Award of the League of Minnesota Municipalities. r40tion for adoption of the Resolution was seconded by Tupa, and on Rollcall there were four ayes and no nays, as follows: WHEREAS, Warren C, Hyde's personal influence and prestige is evidenced WHEREAS, Warren C, Hyde has been one of the chief proponents for WHEREAS, Warren C. Hyde's exceptionally professional attitude makes it NOW, THEREFORE, BE IT RESOLVED by the Village Council of the Village MacMillan, aye; Rixe, aye; Tupa, aye; and 94 4/22/63 Council's havhg covered the business before this meeting, Tupa moved for adjourn- ment, Motion seconded Rixe and carried, Ad nt at lL:O5 P.bI. 1-IINUTES OF THE REGULAR MEETING OF THE EDINA VILLAGE COUNCIL, HELD MONDAY, MAY 13, 1963, AT 7:OO P.M., AT EDINA VILLAGE HALL Menibers answering Rollcall were MacMillan, Rixe, Tupa and VanValkenburg. Pro Tem Van Valkenburg presided. Hayor MR. BRUCE WHITE of the Public krorks Department received Council's congratulations on having completed an arc welding course at Dunwoody Institute. MINUTES. of the Regular 1.Ieeting of April 22, 1963, were approved as submitted, by motion Tupa, seconded by Rixe and carried. CONTRAGT AWARDED TO PHELPS-DRAKE FOR VATERE.IAIN IHPROVEMENTS NOS 171 AND 172. Hanager Hyde presented a tabulation of the bids taken Friday, Way 10, pursuant to the proper advertisement in Construction Bulletin and Edina-Courier, bids being on Trunk Watermain (Improvement No. 171) and Lateral Natermains (Improve- ment No. 172) for the Northwest Section.of Edina. Tabulation showed receipt of ten bids, Phelps-Drake Co. , Inc. being low bidder on both projects at $253,111.70; Peter Lametti Construction Co., second low at $257,536.36; Petrowske E Ross, third low, at $267,264.00; and McDonald-Luben & Associates, Inc., high bidder at $394,454.70. Engineer's Estimate on construction was $339,004.48. Village Engineer's recommendation was for award of contract to low bidder, Phelps-Drake Coo, Inc. Tupa's motion for award of contract to low bidder was seconded by I4act4illan and carried. COBURN AND EEK AWARDED CONTRACT FOR XERXES AVENUE SANITARY SEXER AND GIATERNAIN tENT NO. 173). in Edina-Morningside Courier and Construction Bulletin, was presented, showing receipt of three bids. Coburn E Meek, Inc, , low bidder, at $17,347..00; Peter Lametti Construction Co., second low at $18,603.64; Spetz E Berg, Inc., third low at $22,188.00, as compared with Engineer's Estimate of $15,263.50. Hyde asked for award to low bidder, even though bid is above estimate, because of urgency of completion of work. low bidder, Coburn E Meek, Inc. CONNECTION II.IPROVEI*ENTS (SANITARY SEVER IMPROVEtIIENT NO. 203 : WATERMAIN IWPROVE- Tabulation of bids taken today, pursuant to proper advertisements Manager MacMillan moved for award of contract to Motion seconded by Rixe and carried. UTILITIES PETITIONS ACCEPTED FOR STUDY. filed with the Clerk, were presented to the Council: The following Improvement Petitions, 1. 2. PETITION FOR C-2 SANITARY TRUNK SEWER. 3. PETITION FOR SANITARY SEFIER, NATERMAIN, CURB AND GUTTER AND ASPHALT CONCRETE PAVEHENT IN TINGDALE AVENUE FROM W.65TH STREET TO W.66TH STREET. PETITION FOR SANITARY SENER AND WATERMAIN IN ElERILANE FROM INTERLACHEN ' BLVD. TO NORTH END OF N3RILANE: ANNAWAY DRIVE FROM MERILANE TO NORTH END OF A"AI?AY DRIVE: MAIT LANE FROM ANNAWAY DRIVE TO MERILANE: BYPJOOD HEST FROM INTERLACHEN BLVD. TO ANNAWAY DRIVE. Hanager Hyde informed Council that these petitions had all been signed by less than 51% of affected properties. Mr. Loegering, 6525 Tingdale Avenue, stated that only five or six of the 24 lots on Tingdale are represented in the Tingdale Avenue petitions. Manager Hyde suggested that a11 three petitions be accepted for study, and it was so moved by Tupa, seconded by Rixe and carried. Tingdale Avenue delegation was informed notices will be sent if it.is determined that requests should come before Council for public hearing, PLAYGROUND EQUIPIENT CONTRACT AI?ARDED TO MIRACLE EQUIPMENT COMPANY. infomed Council that further investigation has been made relative to the two bids received April 22; that one large supplier did not bid only because company wished to be guaranteed contract for all equipment, whereas specifications did not so stipulate. Equipment Company, at $19,466.00, and Tupa so moved. and carried. Manager Hyde - He recommended award of contract to low bidder, l4iracle tlotion seconded by Rixe PETITION FOR OIL ACCEPTED: I.7.56TH ST., HANSEN ROAD TO DALE AVE. accepting and referring to Village Engineer for programming the petition €or Oil in W.56th St. from Hansen Road to Dale Ave. was seconded by I.IacHillan and carried. Tupa's motion