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HomeMy WebLinkAbout19690203_regular28 MINUTES OF THE REGULARMEETING OF THE EDINA VILLAGE COUNCIL HELD AT VILLAGE HAI;L ON MONDAY, FEBRUARY 3,. 1969 Members answering rollcall were Councilmen Courtney, Johnson, Shaw and VanValken- burg who served as Mayor Pro Tem Zin-the a6sence:oZ Mayor**Bredesen. MINUTES of January 6, 1969, were approved as submitted by motion of Councilman Shaw, seconded by Councilman Courtney and carried, with Councilman Johnson abstain- ing because he had been absent from that meeting. DENS 1 AND 2, VEBELOS SOUT TROUP 123 WELCOMED. A cordial welcome was extended to . members of Dens 1 and 2,- Webelos Scout Troup 123, from Shepherd of the Hills Church who were in attendance with their Scoutmaster, Mr. Russell Moore. I ORDINANCE NO. 261-177 GRANTED TIEST READING, by Clerk, approved as to form and ordered placed on file. Council that it is proposed to eliminate'the Light Industrial District which has a height restriction of 40 feet and which it is felt has now outlived its use- fulness. The Plapned Industrial District to which these properties are proposed to be classified has many more restrictions than the Light. Industrial D.istrict. Mr. Hoisington presented the following parcels fb? rezoning which are the only areas in the Village which are now zoned Light Industrial District. 1. Hilldale Lumber Company., llr.. Hoisington advised that the Hilldale Lumber Company property is located on Cahill Road at West 78th,Street and that the area is completely surrounded by Planned Industrial District except on the West and that there is a proposal pending for Plqnned Industrial zoning on that property. He advised that no objections had been received and that Planning Commission has recommended approval. Mr. Robert E. Rutledge, President of Hilldale Lumber Comp3iiy'twas'aCIvZsed - _--- - __-- Fhaf --- +e,would be able to continue in businp? as a %on- conforming use", and that this would also be true if he should sell his business. 2. I?. 70th Street and Cahill Road Area, Mr. Hoisington advised that this area is surrounded on the East, West and South by Planned Industrial District with R-2 and R-3 zoning to the North, and recommended Planned Industrial zoning tn accordance with Planning Commission. recommendation, ^advised that no objections had been received, 3. V', &i'd fb; BloCk 3'; -Gra~&ZdiG Hei~hes''Add~tS3d Eo '&2* Comme?c$all'flisbrict, the p?opez?kg"f&ich iFes aTong Efiel railroakl tricks 2orth 'and- Soukh bf Eden Avenue to Pfanned Industrial District, and the strip of land east of the tracks and on the west side of Our Lady of Grace Church property to R-1 District. ton noted that Mr. Innis IlacPherson of the Minneapolis, Northfield and Southern Railroad had requested that the boundry coincide with the east right-of-way line of the tracks, rather than the centerline as advertised, and recommended that Council comply with this request. 4. Pederson Dairy Property. rezone the Pederson Dairy Property to R-3 Residential District from Light Indust- rial, since this would seem to be the logical use for this property, but that in view of the apartment building moratorium, he questioned if Office Building zoning might be more appropriate. Village Attorney Whiclock noted that the apartment building moratorium could be wai!ved, but that this action would set an undesirable precident. z0nedi.n a classification as sim$Iar to the existing classification as possible. Mr. James I?. Tholen, 603 IJashington Ave. S., was assured that the property under discussion includes oxly the Pederson Dairy property, motion that the Pederson Dairy property koning be continued until the next meet- ing so t'hat the deed restriction on the property can be studied and so that it . can be determined if a specific use has been requested, was seconded by Council- may Courtney and carried. Councilman Johnson then offered the following ordi- nance for First Reading, stipulating -that the boundary request of the Minneapolis, . Northfield & Southern Railroad be aFp+ted: Affidavits of Notice were presented Mr. Hoisington advised . ' Mr. Hoisington further I Grandview Area. Mr. Hoisington advised that it is proposed to zone tots 7;-8, r: -7 Mr. Hoising- Mr, Hoisington advised that .it is proposed to Mr. Whitlock further-recommended that the property be Councilman Johnson's I ... . ORDINANCG NO. 261-177 AN ORDINANCE AMENDING THE ZONING ORDINANCE (NO. 261) BY RECLASSIFYIJfG PROPERTIES IN THE LIGHT INDUSTRIAL DESTRICT AS PROPERTIES IN CONMF.RCIAL DISTRICT C-2 AND PLANNED INDUSTRIAL DISTRICT THE VIUGE COUNCIL OF THE VIWE OF EDINA, MINNESOTA, ORDAINS: - Section 1. Paragraph 3 (Boundaries) of Section 9 (Commercial District), of Ordinance No. 261 of revised ordinances.of the Village of Edina, is hereby amended by adding the following sub-paragraphs: District (2-2: (25) All of Lot 1 and all of Lots 20, 21 and 22 except the West 60 feet thereof, Block 2, Grandview Heights Addition. 2/3/69 29 1 i (26) Lots 7, 8, 9 and 10, Block 3, Grandview Heights Addition. Section 2. Paragraph 2 (Boundaries) of Section 10 (Planned Industrial District), of Ordinance No. 261 of revised ordinances of the Village of Edina, is upon hereby amended by adding the following subparagraphs: Planned 1ndustrial.District: (x) Lots 2 through 19, Block 2, Grandview Heights Addition, and the miscellaneous tract of land immediately south of said Block 2 and north of Eden Avenue. The Vest 300 feet of a strip of land 600 feet wide extending from Eden Avenue to the southern line-'of Section 28, the center line of said strip being the main line track of the Minneapolis, Northfield & Southern Railway, and that portion of the East-300 feet of said strip described as follows: Beginning on the East line of the Minneapolis, Northfield & Southern Railway right-of-wag at its intersection with the South line of Eden Avenue thence Northeasterly 120 feet along the South line of Eden Avenue; thence South 2' 33' East 748.5 feet; thence West 193.2 feet to the railroad right-of- way; thence Northeasterly along the East line of the railroad right- of-way to the point of beginning and also including the easterly half of the Minneapolis, Northfield 6 Southern Railroad right-of-way. The East 125 feet of the West 280 feet of Govt. Lot 8, measured along the North line thereof and lying North of Eden Avenue, and that part of Govt. Lot 8 lying East of West 280 feet thereof and West of Brookside Avenue and North of Eden Avenue, all in Section 28, Township 117, Range 21. That Tract of Land situated in Section 28,'Township 117N, Range 21W, described as follows: Commencing at the Southwest corner of Government Lot Eight; thence North 925 feet to centerline of Eden Avenue; thence Northeasterly along said centerline 246 feet to a point 221.8 feet East at right angles from West line of Lot Eight; then South 259.4 feet parallel with West line of Lot Eight; then Southerly 796.4 feet to a point in the South line of Lot Eight distant 246.8 feet East from beginning; then West 246.8 feet to beginning, except road. That part of the NE 114 of the NE 1/4 lying Southerly of County Road No. 28 and Easterly of the railroad right-of-way, Section 8, Town- ship 116, Range 21. That part of the Southwest Quarter of the Southeast Quarter of Section 8, Township 116 North, Range 21 West of Principal Meridian lying East of County Road No. 28 and North of State Highway No. 5. This Ordinance shall be in full force and effect immediately (y) (2) . (aa) (bb) (cc) Lots 1 and 2, Block, Amundson's Terrace. (dd) Se'ction 3. its passage and publication. MENDELSSOHN ADDITION HALLOUIST-REPLAT APPROVAL CONTINUED. mendation of Mr. Hoisington, Councilman Shaw's motion that consideration of final plat approval of Mendelssohn Addition Hallquist Replat be continued to February 24, 1969, was seconded by Councilman Courtney and carried. BA-114, BA-134 AND C-99 BIDS AWARDED. Hr. Hyde presented tabulation of six bids received in response to Advertisement for Bids published in the Edina Sun on January 9 and in the Construction Bulletin on January 9, 16 and 23, 1969. It was noted that while mt specifically mentioned by number in the Advertisement fok Bide, the proposal also included the materials and installation for Street Improvement C-99. Tabulation showed Bury and Carlson, Inc., low bidder at . $263,468.50, Black Top Service Co. at $270,274.50, Matt Bullock Contracting Co., Inc., and Don Anderson Excavating Co., Inc., at $284,458.00 and Marvin Rehbein Landscaping, Inc., high bidder at $303,861.00. Engineer's estimate was given at $273,336.50. Councilman Courtney's motion awarding bid to recommended low bidder, Bury and Carlson, Inc., was thereupon seconded by Councilman Johnson and carried. Upon the recom- CRESCENT DRIVE STREET IMPROVEMENT PETITION RECEIVED. Upon being advised that a petition has been received for permanent street surfacing and concrete curb and gutter for Crescent Drive between Countryside'Road and Benton Avenue, Councilman Courtney's motion referring the petition to the Engineering Department for processing was seconded by Councilman Johnson and carried. LOT 5, BLOCK 1, SAVORY ADDITION DIVISION REJECTED. Mr. Hoisington advised Council that a request had been received from Mr. W, S. Grove to divide the South.135 feet of Lot 5,.Bloc$ 1, Savory Addition, which is located South of the Crosstown Highway, West of Ridgeview Drive and North of Whiting Avenue. He .. 30 i 2/3/69 noted that Planning Commission has recommended denial since there is no access to the northerly portion of the lot except through an easement'across Lot 1 and because the north portion cannot be built upon belause it is too low and it is impossible to install sewer and water in the property. Follotdng some discussion, Councilman Shaw's motion that Council concurs with the recommendation of the Plan- ning Commission was seconded by Councilman 3ohnson. and carried, METRO U. S. ZONING FEE ADJUSTMENT CONTINUED. U, S. had been charged $900 in zoning fees in March, 1968. to amend the ordinance to limit zoning fees to $200. burg suggested that this discussion is premature inasmuch as the ordinance amendment has not been adopted and also questioned whether or not this refund should be made retroactively. to the next meeting was seconded by Councilman Shaw and carried. FEBRUARY 24,2369, set as next Meeting date, rather than February 17, was moved by Councilman Shaw, seconded by Co&ncilman Courtney and cairied. Mr. Hoisingzon advised that Metro It is now proposed Mayor Pro Tem VanValken- Councilman Johnson's motion continuing the matter TONKA KENNELS TO CONTINUE ANIMAL CONTROL SERVICES. Mr. Hyde recalled to Council ,that on December 2, 1968, complaintis were received from Mrs. John L. Mortison At that time the matter had been continued to this meeting so ;hat Council would have the opportunity to make unannounced inspections of the Kennel facilities. Mr. B. Tim Taylor of Metropolitan Kennels had sent a lettFr withdrawing his bid of November 18, 1968, advised that he has sent copies of the report of the State Sanitary Board which indicates that the Board finds the kennels suitable for dog catching facilities, and assured Council that Tonka Kennels take all possible precautions with animals in their charge. Nr. Hyde advised that he had checked wi;h neighbors in the area and did not find any complaints on the care?given anjmals. visited the kennels and found everything to his satiscaction, Councilman Shaw moved that no action be talten,:sZnce the contract contirpes unless cancelled, Motion was seconded by Councilman Johnson and carried. ' and from Pet Haven, Inc., of Minnesota relative to the care of animals. Mr. Nilliam Rosen, attorney representing- Tonka Kennels, Noting that he had SOLID WASTE COLLECTION DISCUSSED. received memos indicating alternatives of actionbhthat could be taken in regard to garbage collection. of the Village as to how the 'collection of garbage and trash should be handled and reviewed the type of service available in other municipalities. Dpry of Lake Harriet and Edina Sanitation advised that he would like to continue to serve his present customers and that he would object to dividing the Village into districts. Efe also fold Mr. Hyde that he does not advocate sesidents*plac- ing their refuse dn the curb for pick-up except in an emergency such as has just occurred, ' Mr. James Tholen, 603 Washington Ave. S., compldined' about the service of Edina-Morningside Sanitation, whereupon Mr. Robert Sloan said that his trucks were'now on.schedule and left the meeting. Metropolitan Council is presently studying the problem of refuse collection and that ultimately there will have to be come type of governmental control. Mr. :. Larry Weidt, President of South Garden Asaociation, and Mr. Richard-Olson, 5712 Zenith Avenue S, , expressed opposition 'to #the proposed plan of dividing the Village into districts, Mr. Harry Bright, an employee of Lake Harriet and Edina Sanitation, said that within two months his company could handle all of the col- lection in the Village. Councilman Courtney pointed out that any collector could negotiate for-any number of districts he wished, He then moved that Mr. .Hyde make concrete recommendations for consideration at the next meeting, with a view to licensing haulers by dist@cts,.and that garbage haulers be advised that the matter will be discussed. "Motion was seconded by Copncilman Johnson and carried. I. FIRE DEPARTMENT ANNUAL REPORT COMMENDED. of the Edina Fire Department for 1968, whereupon Councilman Johnson's motion commending the report was seconded byCouncilman Courtney and unanimously carried. APPOINTIBNT OF PLANNING COMblISSION, PARK BOARD AND BOARD OF APPWS MEMBERS* CONFIRMED. Mr. Hoisington advised that as'requested by Mayor Bredesen he had contacted members of the Planning Commission, the Park Board and the Board of Appeals whose terms of office were expiring and that all had agreed to serve another term. Councilman Johnson's motion confirming the appointments for the next three years of Messrs, Robert A, Huelster and George J. Nugent to the Plan- ning Commission, of Doctors I<. Paul Carson, Jr. and J, A. Jackson and Mr. H. Mr. Hyde recalled to Council that they had Mr..Hyde read different op3nions expressed by residents Mr. Ed Mr. Hyde advised that the Mr, Hyde presented the Annual Report 2/3/69 31 Robert Diercks to the Park Board and Messrs. George J. Nugent, Lawrence FrJ. Rixe, James VanValkenburg and Frank J. Tupa (Alternate) to the Board of Appeals was seconded by Councilman . Courtney and carried. BIDS TO BE TAJEN FOR VARIOUS IMPROVEMENTS. Councilman Johnson offered the following resolution and moved. its adoption: PROPOSED IMPROVEMENTS AND DIRECTING ADVER- Upon. the recommendation of Mr. Hyde, RESOLUTION APPROVIW PLANS AND SPECIFICATIONS FOR TISEMENT FOR BIDS FOR SANITARY SEWERS NOS. 278, 279 AND 281 WATERMAINS NOS. 236.. 237 AND 240 GRADING AND GRAVELING C-98 AND STREET IMPROVEMENTS BA-127 AND BA-136 BE IT RESOLVED BY THE VILLAGE COUNCIL, VILLAGE OF EDINA, MINNESOTA: 1. 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'in the Edina Sun and Construction Bulletin the following notices for bids for improvements : The plans and specifications for the proposed improvementsset forth in (Official Publication) VILLAGE OF EDINA HENNEPIN COUNTY, MINNESOTA *&IVERTfSEI$"X FOR BIDS SANITARY, SEWERS fk278, 9279 AND #281 WATERMAINS # 236, 8237 AND #240 GRADING AhD GRAVELING #C-98 . BIDS CLOSE FEBRUARY 28, 1969 SEALED BIDS will be received and opened in the Council Chambers in the Edina Village Hall, 4801 I?. 50th Street., 'at 11:OO a.m., Friday, February 28, 1969, and the Edina Village Council will meet at 7:OO p.m. on Monday, March 3, 1969, to consider said bids for the construction of Sanitary Sewers, Watermains and Grading and Graveling. The following are approximate quantities of iiajor items : 118 L/F 10'' D.I.P. 0'-14' Depth, Sanitary Sewer 1830 L/F 9" V.C.P. 0'-14' Depth, Sanitary Sewer 500 L/F 6'' V.C.P. 0'-10' Depth, Sewer Services 9 Each, Standard Manholes 3000 C/Y Common Excavation 7000 S/Y 6'' Class 5 Gravel 400 C/Y Rock 250 L/F 12" Watermain 1790 L/F 6" Watermain 4 Each, Hydrants 2500 C/Y Embankment Material Work must be done as.described in plans and specifications on file in the office of the Village Clerk. Plans and specifications are available for a deposit of $25.00 (by check). plans and specifications with a bona fide bid. No bids will be considered unless sealed-and accompanied by cash deposit, bid bond or certified check payable to the Village Clerk in the amount of at least ten (10) percent of amount of base bLd. BY ORDER OF TIE EDINA VILLAGE COUNCIL. Said deposit to be returned upon return of'the The Council reserves the right to reject any or all bids. Florence B. Hallberg Village Clerk (Official Publication) VILLAGE OF EDINA HENNEPIN COUNTY, MINNESOTA ADVERTISEMENT FOR BIDS PERMANENT STREET SURFACING AND CONCRETE CURB AND GUTTER IMPROVEMENTS NOS. BA-136 AND BA-127 BIDS CLOSE FEBRUARY 28, 1969 SEALED BIDS will be received and opened in the Council Chambers in the Edina Village Hall, 4801 I?. 50th St., at 11:OO a.m., Friday, February 28, 1969, and the Village Council will meet at 7:OO p.m. on Monday, March 3, 1969, to con- sider said bids for the construction of Permanent Street Surfacing and Concrete Curb and Gutter. The following are approximate quantities of major items: PERMANENT STREET SURFACING AND COMCRETE CURB AND GUTTER INPROVEMENT NO. BA-136 AND IMPROVEMENT NO. BA-127 5,600 C/Y Common Excavation 13,000 S/Y Class 5 Gravel, 6" thick 10,000 S/Y 2'' Bituminous Paving 35,000 S/Y 5%'# Bituminous Surfacing 2/3/69 850 S/Y Portland Cement Concrete Drivsway Paving 16,900 L/F B.6-24 Curb 4,WO L/F B6-18 Curb 5,000 J/Y Sod Work must be done as described in plans and specifications on file in the of-fice of the Village Clerk. deposit of $25.00 (by check). plans and specifications with a bona fide bid. less sealed and accompanied by cash deposit, bid bond or certified check payable to the Village Clerk in the amount of at least ten (10) percent of amount of base bid. BY ORDER OF THE EDINA VILLAGE COUNCIL. Plaqs and specifications are available for a Said deposit to be returned upon return of the No bids will be considered un- The Council reserves the right .to reject any or all bids. Florence B. Hallberg Village Clerk Motion for adoption of the resolution was s rollcall there were four ayes and no nays ATTEST: . ' CROSSTOWN HIGHJAY LIGHTING PLANS APPROVED. Mr. Hyde presented pictures of 50 foot standards with 1,000 watt mercury lighting units, designed by Northern States Power Company to be used by Hennepin County Highway Department as a part of the proposed Crosstown Highway lighting system. to a letter from Mr. R, A. Eller of Northern States Power which enumerated reasons for higher mounting, heights of lighting units and discussed thd quest- ion of spillage from these brighter lights and taller mountings. Mr. Hyde advised that he is particular concerned about spillage of light between France Avenue and T.H. 100 because of the dwellings which front on the Cross- town Highway. In reply to Councilman Johnson's statement that these proposed lights might be satisfactory in open areas. butthat hewould oppose their use in a populated area, Mr. James E. Regan fromNorthern States Power Company said that uniformity 6f light is most important in eliminating driving fatigue and that it is the recommendation of the Texas. Transportation Institute at Texas A. and M. University that all highways be as light as daylight. Council- man Johnson noted that it is significant to him that the Bureau of Roads has not changed its standards as yet to include this type of lighting and that there is a difference in interstate highways in the country and the Cross- town Highway where houses fron within fifty feet of the highway. noted that the Testing Transportation Institute does the testing for the, Bureau of Public Roads and that this plan is safer for traffic because fewer light standards would be needed and that it has been found that the higher lights cause less glare on highways. He also added that spillage of light can be somewhat controlled by shielding and advised. Council that 40 foot standards with 4-00 watt mercury units are presently used on Highway 35W north of Lake Street. to notice the lights, they would not be able to notice the difference be- tween the two types of lights. Following considerable discussion, Council- man Courtney's motion that Council accept the advise of experts and approve the plan as proposed by Hennepin County Highway Department, with the under- standing that Northern States Power qill do everything possible to shield lights if reasonable complaints are received, was seconded by Councilman Shaw and carried, with Councilman Johnson voting "nay". He called attention . Mr. Regan He further said that while houses along the highway would be able JOHN NEE CASE TO GO TO HEARIhG. Court has ruled that John Nee was actually a veteran even though he served in the armed forces for only nine days. Mr. Sylvester Thom has been appointed to represent the Village on a three man panel iJhich will hear the case and make a final ruling. Mr. Hyde advised that he has sent copies of the District Court opinicn to State Senators and Representatives and to the Interim Com- mission on Veterans' Status, askfng that the statute be amended to provide for a better definition as to the-length of service necessary for service personnel to be elegible for Veterans' Preference. Mr. Hyde advised Council that the District I FALSE ARREST SUIT SETTLED. suit which was the result of the arrest of the owner of a grocery store which was reported robbed some time ago had been settled by the insurance company for $1,500. Mr. Hyde advised Council that the false arrest The suit was against Captain Wrobleski and the Village. 2/3/69 33 1 HEMWIG DATE SET FOR STREET IMPROVEMENT P-BA-138. Mr. Hyde, Councilman Courtney. offered the following resolution setting a new hearing date for Street Improvement P-BA-138 and moved its adoption: Upon the recommendation of RESOLUTION PROVIDING FOR PUBLIC HEARING ON STREET IMPROVEMENT P-BA-138 1. The Village Engineer, having submitted to the Council a preliminary report as to the feasibility of the proposed street improvement described in the form of Notice of Hearing set forth below, and as to the estimated cost' of such improvements, said report is hereby'approved and directed to be placed on file in the office of the Village Clerk. 2, This Council shall meet on Monday, March 3, 1969, at 7:OO p.m. in the Edina Village Hall, to consider in public hearing the views of a11 persons interested in said improvement. 3. place and purpose of said meeting to be published in the official newsp'aper ' once a week for two successive weeks, the second of which publication*is to be not less than three days from the date of said meeting, and to mail notice to all affected properties in substantially the following form: The Clerk is hereby authorized and directed to cause notice of the time, (Official Publication) VILLAGE OF EDINA 4801 W. 50TH STREET EDINA, MINNESOTA 55424 NOTICE OF PUBLIC HEARING OPENING', GRADING AND GRAVELING, PERMANENT STREET SURFACING AND CONCRETE CURB AND GUTTER EDINA VILLAGE COUNCIL will meet at the Edina Village Hall on Monday, March 3, 1969, at 7:OO porn., and ail1 at said plac'e and time consider the' following proposed improvement to be constructed under' the authority granted by Minne- sota Statutes, Chapter 829. estimated by the Village as set forth below: A. 'CONSTRUCTION OF OPENING, GRADING, GRAVELING, PERMANENT STREET SURFACING AND CONCRETE CURB AND GUTTER IN THE FOLLOWING: STREET IMPROVEMENT P-BA-138 .'L Mackey Avenue from 160' North of Sunnyside Road to West 44th Street The approximate cost of said improvement is ESTIMATED COST $3,29 4.14 The area proposed to be assessed for the cost of the proposed Opening, Grading, Graveling, Permanent Street Surfacing and Concrete Curb and Gutter includes Lots 2 thru 13 incl., Block 2, Lots 1 thru 8 incl., Block 3, Lots 4 thru 22 incl., Block 4, Country Club District Brown Section; Lot 7, Block 1 and Lot 1, Block 2, Arden Park Third Addition. FLORENCE B. HALLBERG Village Clerk rollcall there were four ayes and no n ATTEST: Y Village Clerk ROBERT C. DUNN APPOINTED DIRECTOR OF PUBLIC WORKS AND ENGINEERING. Mr, Hyde advised Council that Mr. Robert C. Dunn had been app,ointed Director of Public Works and Engineering. He advised that Mr. Dunn is a Registered Engineer and had previously worked for the City of Crystal, for various consulting firms and most recently for Minnesota Mining &Manufacturing Company. DETECTIVE MICHAEL FAIRBANKS COMMENDED ON NEW POSITION. Mr. Hyde advised Council that Detective Michael Fairbanks had accepted a new position with the United States Bureau of Indian Affairs and had resigned from the Edina Police Department, Councilman Johnson expressed congratulations of the Council to Detective Fairbanks and offered the following resolution and moved its adoption: WHEREAS, Michael Fairbanks served as Patrolman and Detective on the Edina Police RESOLUTION Department from April 17, 1963, to February 7, 1969; and WHEREAS, his service with the Village was marked by outstanding performance above and beyond the normal call of duty; NOW, THEREFORE, BE IT RESOLVED that on the occasion of his leaving to assume a higher position with the United States Bureau of Indian Affairs at the Red Lake Indian Reservation, that the Edina Village Council does hereby express gratitude and best wishes for his success. 34 2/3/69 Motion for adoption of the resolution was unanimously carried. AYp3ST: a Village Clerk TENDER OF DEFENSE ACCEPTED FOR RALLEN SUIT. Mr. Whitlock advised Council that the insurance company had refused to accept responsibility for the $6,000 suit against the Village, its contractors and sub-contractors by Mr. and Mrs. Walter Kallen for three small trees which were cut down on their property at 4212 Scott Terrace during construction of Storm Sewer No. 111. Village was tendered the defense by other defen'dants and that since he believes that the ultimate liability will devolve on the Village, he recommended that. the Village accept the tenders of the defendants, rather than risking having to pay additional attorneys' fees. Councilman Johnson's motion accepting the tender of the defense was seconded by Councilman Shaw and carried. * He said that the TRE'ASURER'S REPORT as of December 31, 1968, was presented by Mr. Dalen, reviewed and ordered placed on file by motion of Councilman Shaw, seconded by Councilman Courtney and carried. CLAIMS PAID. carried for payment of the following claims as per pre-List: General Fund, $19,858.53; Construction Fund, $1,184.27; Park, Swimming Pool, Golf Course, Arena, $3,576.25; Water Fund, $5,106.97; Liquor Fund, :$6&,402.23; Sewer Rental Fund, $26-,028.04; Total, $117,156.29; and for confirmation 03 payment of the following claims: Councilman Shaw's motion was seconded by Councilman Courtney and 1/21/69 Commissioner of Taxation $8,152.26 . Various 1/21/69 &gusta. Gmlke, Hedvig Moe Larson, Rudolph Larson 1,000.00 Constr. - No further business appearing, Councilman Johnson's plotion for adjournment was . seconde'd by Councilman Shaw and carried. Adjournment at 9:20 p.m. Village Clerk d I