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HomeMy WebLinkAbout19710719_regularMINUTES OF THE REGULAR MEETING OF THE EDINA VILLAGE COUNCIL HELD AT VILLAGE HALL ON MONDAY, JULY 19, 1971 Members answering rollcall were Councilman Courtney, Johnson, VanValkenburg and Mayor Bredesen. BIDS AWARDED FOR BA-185 AND C-110 Mr. Hyde presented tabulation of the bids received in response to Advertisement for Bids in the Edina Sun on June 24, .and published in the Construction Bulletin on June 24, July 1 and July 8, for Proposal A Improvement No. BA-185 showing Riegger Roadways, Inc. lowest bidder at $174,757.18; Bury & Carbon, Inc., $174,880.31; H.J.A. Construction Company, $182,482.64; Northwest Bituminous Company, Inc., $186,611.43; Minnesota Valley Surfacing Company, $191,081.86; McNamara Vivant Contracting Company, Inc., $210,466.74; C.S. McCrossan, Inc. $232,445.89. Councilman Courtney's motion awarding contract to the recommended low bidder of Proposal A was seconded by Councilman Johnson and carried. Improvement No. (2-110 showed Schutz Contracting Company, Inc., low bidder at $92,420.00; J.A. Danens & Sons, Inc. $94,540; Fischer Sand &Aggregate, Inc., $99,190; M.G. Astleford Company, Inc. $102,050; H.J.A. Construction Company, $107,878; Shafer Contracting Company, Inc., $110,120; Carl H, Peterson Company, $112,614; and C.S. McCrossan, Inc. $128,780. Mr. Hyde reported the low bidder on Proposal B is a contracting company the Village has not done business with previously. After further discussion Councilman Johnson moved the award of bid be continued so the Engineering Department can investigate this company. Councilman VanValkenburg seconded and motion carried. Mrs. Schutz, Secretary-Treasurer of Schutz Contracting Company spoke, stating since they were low bidder they would like to have the bid awarded at this meeting. She also stated that her-company is bonded by United States Fidelity &Guaranty Company, the Company has a good reputation, it is a young company and does have the equipment. Mr. Dunn reported that in a case of this type when the Village has not previously done business with a contracting company, an investigation is made to determine financial stability of the company, equipment available and previous work of this type. Mrs. Schutz reported they have done work for the State of Minnesota and the City of Minneapolis. subject to the investigation of the Engineering Department as to the res- ponsibility of the Company. Councilman VanValkenburg seconded and motion carried. Proposal B Grading Councilman Johnson then moved awarde of the bid be CITY OF BLOOMINGTON ORDINANCE NINE MILE CREEK TABLED. this communication is in regard to the 76th Street interchange and the high- way work partially in Edina and partially in Bloomington. Bloomington is requesting considerable change in the plans that have already been approved. pay considerably more attention to ecological matters from the standpoint of the protection of the creek and he has no objection to the resolution submitted by Bloomington with the exception of the statement that pertains to storm water treatment. After further discussion Councilman Courtney moved to table any action until some reaction is received from the Nine Mile Creek Managers or the State Department also until the Pollution Control Agency takes some action. and carried. ME. Hyde reported The city of Mr. Dunn stated that the resolution is requesting the District Motion was seconded by Councilman VanValkenburg NAME.CHANGE FOR TUPA DRIVE DENIED. Mr. Hyde statedc:that in the plat of Braemar Hills a street and a circle were named Tupa Drive and a permit has been issued for one home so far. These people are requesting a name change to Rolling Hills Drive. Mr. Fred Peterson, owner of the house being built, stated he felt that the street should have a name more descriptive of the area, Mayor Bredesen asked how many lots are on this plat and Mr. Dunn reported about a dozen lots would be on Tupa Drive itself and on Tupa Circle about four more lots. more people on the street he would be against changing the name from this petition. move in that they then consider a change when a petition is received. Peterson agreed that only one property owner petitioning the name change was inadequate and he will go ahead and get others to sign a petition to change the name. on the petition for the name change the matter be denied at this time. Councilman Courtney seconded and motion carried. Councilman Courtney stated he'felt that until $here are Councilman Johnson suggested that when the other property owners Mr. Councilman Johnson moved that based on just one signature 711917 1 MINNEAPOLIS GOSPEL TABERNACLE REQUEST CONTINUED TO AUGUST 2 . Mr. Hyde reported the Minneapolis Gospel Tabernacle requests an area in Oscar Robert's First Addition south from 72nd Street which is zoned R-1 and R-2 which has Bristol Circle and Heatherton Circle be vacated so they may build a church on it. 1, Oscar Robert's First Addition. Tabernacle officials were in to see him and he felt he did not have the authority to withhold the installation of sewer and water for which Mr. AbTah is under bond to us and is going ahead on. sewer and water laterals are in both places and they are ready to go on curb and gutter. Councilman Johnson questioned who owns the property and Mr. Hyde reported the church has a 30 day option to buy expiring August 1. Pastor Wilderson of Minneapolis Gospel Tabernacle stated if the improve- ments went in it would make it difficult for them to place on that property as they would want to, a church setting with the parking being hidden as much as possible behind the church'. He also stated they would like to hold up the construction of the streets making it possible for them to locate on that property so as to be very acceptable to the community and also to the needs of their church and the parking situation. had visited the neighborhood telling them what they were planning. visited approximately 25 homes within the area and from these residents about one-third were opposed to it and the other two-thirds were in favor of the church and the possibilities. vehemently opposed and their thinking was that if the church wnet in there it would increase their taxes because the area would be non-taxable. Mr. Dunn said that the construction of the curb and gutter was being done under a contract let by Mr. Ablah and that there is a completion date in the subdividers agreement. have to make the decision to delay further construction until the church acts on the option. Mr. Ericksion, Village Attorney, commented that the Gillage cannot vacate a plat so maybe something can be worked out with Mr. Ablah and the church to delay EpnStrFctiog until their planned meeting to discuss purchase of this property. Rev. Wilkerson stated that they are asking now that construction could be held up and that Mr. Ablah not be penalized if he could not meet the date of the completion on the basis . of this hold up. Suggestion was made that the Council receive some kind of communication from Mr. Ablah stating that he confirms it is all right to delay the construction of streets, curb and gutter. Mr. Erickson then stated that street vacation would have to be asked by the abutting owners and as to the extension, the Village has a contract with Mr. Ablah to do this work by a certain time and if he doesn't, the Village looks to the bonding company so the only thing the Village could do would be extend the date of completion and Mr. Ablah would have to request this extension from the Council. from Mr. Ablah stating that he wants extension of the completion date and then Mr. Ablah can request the vacation of the streets. After further discussion Councilman Courtney moved to continue this subject until the August 2 meeting. The property in question is Lots 31-34 inclusive, Block Mr. Hyde stated that Minneapolis Gospel The present status is that Rev. Wilkerson reported he He There were about half a dozen that were Councilman Johnson suggested that Mr. Ablah would Mr. Hyde stated a letter should be received by the Village Councilman Johnson seconded and motion carried. HEARING DATES SET FOR PRELIMINARY PLATS Mr. Hyde requested that August 2., be set as hearing dates for the following Preliminary Plats: Braemar Oaks Addition and Smisek Addition. Councilman VanValkenburg moved and Council- man Johnson seconded these dates Be set. Motion carried. NINE MILE CREEK WATERSHED DISTRICT HYDROLOGIGAL STUDY FUND REQUEST DENIED. Mr. Dunn reported the reason for the hydrological study is to determine whether the proposed marsh habitat nature interpretive center can function without unduly affecting the storage capacity, outlet capacity and downstream is to operate properly from the standpoint of flooding and the time certain areas are under water. A marsh habitat situation rather than a lake would reduce the capacity of the Mud Lake area to store water, so the purposes of .the hydrological study would be to see what alternates there could be to this storage. Mayor Bredesen expressed his view that when the plan was adopted in the first place it was a good plan and he sees no reason in changing it. Councilman Johnson questioned that since Brauer &Associates was hired to consider the feasibility of making this area a natural habitat, wild life area now can't they complete their study without another $1400'1 Councilman Courtney expressed his opinion that there is no need to give $1400, to them for the report when the amount given to them was suppose to be the total fee. 'channel improvement. Certain criteria must be met if the natural habitat 7/19/71 Councilman VanValkenburg moved that request for the funds for the hydro- logical study be denied until Brauer & Associates turn in their report on the study authorized. Councilman Johnson seconded and motion carried. PARKING RAMP ARBITRATION AWARD CONTINUED. was held to discuss the problem with no decision reached yet. Councilman Johnson moved to continue this matter. Councilman VanValkenburg seconded and motion carried. Mr. Hyde reported that a meeting SOUTHDALE CIQUOR STORE SITE CONTINUED. Mr. Hyde reported that several sites in the Southdale area, but outside of the ShoppTng Center itself, were being considered. Mr. Dalen presented a tabulation of costs, locations and sizes of the various sites, recommending that a piece approximately 100 ft x 250 ft. just south of the Red Owl Store on York Avenue be acquired. Mayor Bredesen felt the Council should furst consider basic philosophy as to whether the Village was in the liquor operation to make money or to serve the citizens of Edina and then to decide whether to move from the present location in the Shopping Center. Mr. Hyde advised that the lease expires in February, 1972, that no other locations have been offered, that the present sales space is very limited, and that sales have peaked. In addition, labor costs are higher than at the other stores because of the remote location of the storage area in the basement. Mr. Dalen advised that the total cost of buying land and building a store would be about $325,000. After discussion, Councilman VanValkenburg moved that Mr. Dalen tender an offer to Red Owl of up to $95,000. man Johnson abstaining. Councilman Courtney seconded and the motion carried, with Council- LOT 18, BLOCK 8, COUNTRYSIDE ADDITION STORM SEWER ASSESSMENT MATTER TABLED. Mr. Hyde reported that a Mr. Richard Weiss would not sign his new computer voter registration card and after looking at the situation found out Mr. Weiss was unhappy about his assessment in the Countryside Storm Sewer Assessment. Mr. Dunn stated that his lot was in both Storm Sewer 1/74 and 1/56 and they were assessed in 1964 and E962 respectively. reported that apparently all these year Mr. Weiss had felt his lot should have been in Storm Sewer 1/74.'Councilman Johnson stated the Council could not go back and re-adjust the assessment, therefore, he moved to table the matter. PUBLIC HEARING DATE SET FOR WATERMAIN NO. 277 AND IMPROVEMENT NO. P-B-81. Mr. Hyde reported at last meeting there was a petition for water on Waterman Avenu,e which was thought to be 500% but that is it not, a public hearing will be necessary. Councilman Johnson offered the following resolution and moved its adoption setting a hearing on August 2, 1971, with bids to be taken concurrently: RESOLUTION PROVIDING FOR PUBLIC HEARING ON Mr. Dunn further Councilman Courtney seconded and motion carried. WATERMAIN IMPROVEMENT NO. P-WM-277, CONCRETE CURB AND GUTTER IMPROVEMENT NO. P-B-81 1. as to the feasibility of the proposed improvements 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, August 2, 1971, at 7:OO p.m. in the Edina Village Hall, to consider in public hearing the views of all persons interested in said improvements. 3. The Clerk is hereby authorized and directed to cause notice of the time place and purpose of said meeting to be published in the official newspaper once a week for two successive weeks, the second of which publication is to be not less than three days from the date of said mddeting, and to mail notice to all affected properties 21-5 substantially the following form: The Village Engineer, having submitted to the Council a preliminary report .(Official Publication) VILLAGE OF EDINA HENNEPIN COUNTY, MINNESOTA NOTICE OF PUBLIC HEARING WATER MAIN IMPROVEMENT NO. P-WM-277 CONCRETE CURB AND GUTTER IMPROVEMENT NO. P-B-81 Edina Village Council will meet at the Edina Village Hall on Monday, August 2, 1971, at 7:OO pa., to consider the following proposed improvements to be constructed under the authority granted by Minnesota Statutes,Chapter 429. The approximate cost of said improvements are estimated by the Village as set i 7/19/71 1 forth below: 1. CONSTRUCTION OF VILLAGE WATER MAIN AND ESTIMATED COST APPURTENANCES IN THE FOLLOWING: A. IMPROVEMENT NO. P-W-277 $ 8,536.56 Waterman Avenue from Waterman,Circle to 236 feet+ west 2. CONSTRUCTION OF CONCFtETE CURB AND GUTTER IN THE FOLLOWING: A. IMPROVEMENT NO. P-B-81 $15,365.93 Chantrey Road from Ayrshire Blvd. to Northwood Drive The area proposed to be assessed for the cost of the proposed Water Main (Improvement No. P-WM-277) under 1A above includes Lots 5, 6 and 7, Block 1, Hanson's 3rd Addition and Parcel #600 Section 30, Township 117, Range 21. The area proposed to be assessed for the cost of the proposed Concrete Curb and Gutter (Improvement: No. P-B-81) under 2A above includes Lots 12 thru 23 incl., and Lots 26 thru 34 incl., all in Rosendahl's Edina Highlands Addition. Florence B. Hallberg Village Clerk Motion for adoption of the resolution was seconded by Councilman VanValkenburg and on rollcall there- were four ayes and no nays and the resolution was adopted, ADVERTISEMENT FOR BIDS ON VARIOUS IMPROVEMENTS AUTHORIZED. As recornended by q, Dunn, Councilman Johnson offered the following resolution and moved its adoption: RESOLUTION APPROVING PLANS AND SPECIFICATIONS FOR PROPOSED IMPROVEMENTS AND - WATERMAIN NOS. WM-270 & WM-271 DIRECTING ADVERTISEMENT FOR BIDS FOR WATER MAIN FOR FIRE STATION SANITARY SEWER NO. SS-299 PERMANENT STREET SURFACING AND PERMANENT STREET SURFACING NO. BA-186 CONCRETE CURB AND GUTTER NO. BA-184 - ". PORTLAND CEMENT CONCRETE ALLEY PAVING NO. E-26 CONCRETE REPLACEMENT BE IT RESOLVED BY Tf3E VILLAGE COUNCIL, VILLAGE OF EDINA, MINNESOTA: 1. The plans and specifications for the proposed improvements et for'th! in the following Advertisement for Bids form, heretofore prepared by the Village Engineer and now on file in the office of the Village Clerk are hereby approwd. 2. The Clerk shall cause to be published in the Edina Sun and Construction Bulletin the following notice for bids for improvements: (official Publication) VILLAGE OF EDINA HENNEPIN COUNTY, MINNESOTA ADVERTISEMENT FOR BIDS WATER MAIN NOS. WM-270 & WM-271 WATER MAIN F0"R FIRE STATION SANITARY SEWER NO. SS-299 PERMANENT STREET SURFACING AND PERMANENT STREET SURFACING NO. BA-186 CONCRETE CURB AND GUTTER NO. BA-184 PORTLAND CEMENT CONCRETE ALLEY PAVING NO. E-26 CONCRETE REPLACEMENT BIDS CLOSE AUGUST 13, 1971 SEALED BIDS will be received and opened in the Council Chambers in the Edina Village Hall, 4801 West 50th Street, at 11:OO a.m., Friday, August13, 1971, and the Edina Village Council will meet at 7:OO p.m., Monday, August 16, 1971, to consider said bids for the construction of Water Mains, Sanitary Sewer, Permanent Street. Surfacing, Concrete Curb and Gutter, Portland Cement Concrete alley PAving and Concrete Replacement. quantities of major items: The following are approximate 800 L/F 12" D.I.P. Water Main 5 Standard Fire Hydrants 5 Manholes 1660 L/F 6" D.I.P.. Mater Main 91 L/F grr V.C.P. -s 7/19/71 1800 C/Y Excavation 4250 S/Y 6" Thick Class 5 Gravel 750 L/F B6-18 Concrete Curb and Gutter 4250 S/Y 2" Thick Bituminous Surfacing 850 S/Y 6" Thick Concrete Alley Paving 500 S/Y 6" Thick Concrete Replacement Work must be done as described in plans and specifications on file in the office of the Village Clerk. a deposit of $25.00 (by check). of the plans and specifications with.a bona fide bid. 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 bid. reject any or all bids. BY ORDER OF THE EDINA VILLAGE COUNCIL. Plans and specifications are available for Said deposit to be returned..upon return No bids will be The Council reserves the righ't'to Florence B. Hallberg Village Clerk Motion for adoption of the resolution was seconded by Councilman Courtney and on rollcall there were four ayes and no nays and the resolution was adopted. VALLEY VIEW ROAD EASEMENT VACATION DENIED. from Mr. Byron H. Armstrong, 4119 West 62nd Street, that the Village vacate a right-of-way easement on property on Valley View. acquired by the County and the Village for the Valley View extension and taken off of Lot 19 on the east side of Valley View Road. indicate Mr. Armstrong's property dqes not abutt any of this property and he contends that he does touch it. Mr. Armstrong reported the reason he wants the vacation is for access to the back portion of his property and the property next to his. There is-a multiplex built on the property behind his and they are using the easement as access to the apartment area. He has heard there might be garages built on this easement so cars can be parked there. his property. Mr. Armstrong is asking if he can get access to his property from this easement. After further discussion the Council stated that Mr. Armstrong should keep himself aware of any other requests, if there are any, and Councilman VanValkenburg moved to table the matter. Mr. Erickson commented a petition of this kind would be published, a'nd posted in three places within the village and the refusal to vacate in one instance is not a precedent in another case. Mr. Hyde reported a request, This property was Our records . This would effectively prevent any access into the back half of Councilman Johnson seconded and motion carried FIRE DEPARTMENT SPACE UTILIZATION CONTINUED. Mr. Hyde reported that approximately October 1, 1971, the Fire Department will be moving to their new.station on Tracy Avenue and Valley View. to utilizing the present space efficientl. Many aspects were taken into consideration during this study such as how crowded some departments are now and the population increase in the next years. to transfer the Police Department into the fire station. would be to move the Park Department into the station and give the whole basement area to the Police Department. Discussion was held on the parking spaces around the Village and Mayor Bredesen commented that the Legion Hall someday might be used as parking. Mr. Hyde commented that copies of various proposals will be sent out to the Council and further action to be taken at a later meeting and Mr. Hyde will write to the Legion Hall. Work has been done in regards One proposal would be Another proposal FISCAL DISPARITIES LAW CONTINUED. Mr. Hyde reported that the Legislature did pass the law that will take away some of the gain from property taxes ad as soon as he can get ahold of a copy of the bill he'would like the attorney to take a look at it. Councilman Johnson moved that when the law is re- seconded and motion carried. * ceived that it be sent to Mr. Erickson for examination. Councilman SanValkarburg SWIMMING POOL PARKING LOT USAGE DISCUSSED. pool lot which provides parking for 150-200 cars peaks very infrequently and at a meeting of the Metropolitan Transit Commission it occurred to Mr. Hyde that possibly if a "Park-Ride" lot at Soufhdale Center cannot be worked out that we could make the swimming pool parking lot available for a bus stop, fa: express runs that go down Highway 35W and downtown. This lot is used approximately three months of the year and the peak parking if used for a bus stop, would be from 7:30 a.m. until 5:30 p.m. Mr. Hyde reported that the Swimming Mr. Hyde has been in contact with the Park Department and they informed him there is no real con- flict. Mayor Bredesen suggested letting the Metropolitan Transit Commission use the lot for the months of October through3December when Southdale is the busiest. Mr. Hyde also commented there would be no obligation on the part of the Village for any cars damaged and also the lot would be plowed . and we would be reimbursed for the plowing. garding use of this lot and report further to the Council. Mr. Hyde will contact the MTC rp- NOTICE OF CLAIM - THOMAS WILLIAM CALDWELL NOTED. is the resfilt of a detective working off-duty and going after svspected shoplifters. Mr. Hyde reported this claim The claim has been referred to the insurance company and the attorney. No further action taken. REINSTATEMENT OF COW HILL MINING PERMIT REFERRED TO ENGINEERING DEPARTMENT. Mr. Hyde reported the mining permit f0r.J. A. Danens for the property east of Braemar and north of West 78th known as "Cow Hill" was granted in 1967 and expired in 1969, an extension never requested. During the past two years there have been no mining operation activities. Mr. Hyde stated he felt it should be scheduled for a formal hearing. Mr. Frank Cardarelle stated approximately one half of this hill has been excavated. commented that since the permit for excavation expired a new permit has to be issued. that would have an interest in this permit being issued. moved that the matter be referred to the Engineering Department for study. Councilman VanValkenburg seconded and motion carried. Mr. Erickson Mr. Dunn stated there would.be come abutting property owners Councilman Johnson ORDINANCE NO. 1304 ADOPTED SECOND READING. Councilman Johnson offered the following Ordinance No. 1304 for Second As recommended by Mr. Hyde, Reading and moved its adoption as follows:- ORDINANCE NO. 1304 AN ORDINANCE PROHIBITING THE DEPOSIT OF ADVERTISTNG MATERIAL ON RESIDENTIAL PROPERTY W€THOUT PRIOR CONSENT OF THE OWNER, AND PRESCRIBING A PENALTY THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS: Material Prohibited, depositing of handbillis, circulars and/or advertising material from premises occupied by him may place upon or near the usual entrance to such premises a printed placard or sign bearing the following notice: "Depositing of Handbills, Circulars, Advertising Material Prohibited". be at least 3 3/4 inches long and-3 3/4 inches wide and the printing thereon shall not be smaller than 48 point type. advertising materials shall be deposited upon any premises where such pla- card or sign is placed and maintained. No person other than the person occupying such premises shall remove, injure or deface such placard ozI-sign. ordinance shall be guilty of a misdemeanor and punished by a fine not exceeding $300 or imprisonment not exceeding 90 days, or both, plus costs of prosecution. immediately upon its passage and publication. Motion for adoption of the ordinance wa on rollcall there were four ayes and no Section 1. Depositing of Handbills, Circulars, Advertising Any resident of the Village who wishes to exclude the Such placard shall No handbills, circulars and/or Section 2. May not Deface Placard. Section 3. Penalty. Any person who violates any provision of this Section 4. This ordinance shall be in full force and effect by Councilman Courtney and he ordinance was adopted. - .. . " * .I I. v - Mayor 6.dhh * Depu?y Village Clerk ORDINANCE LICENSING PHYSICAL CULTURE AND HEALTH SERVICES CONTINUED TO AUG.2 Mr..Hyde reported a group is about to sign a lease with the Radisson South in the Edina portion. This group seems to be simibar to the European Health Spa where there have been no troubles. Mr. Hyde stated information will be given to the Village attorney for his study and to prepare an ordinance. This ordinance will be offered at the meeting of August 2 for Eirst Reading. No further action was taken. 7/19/71 LONG TERM DISABILITY APPROVED. Councilman Johnson reported that he had checked his protection and the rate is considerably higher - 42c - than the Village's proposed policy. After further discussion, Councilman VanValkenburg moved and Councilman Johnson seconded that the Village pay for Long Term Disability for full time employees, and the cover would be five years for sickness and accident, six month waiting period with 60% of salary with a maximum of $1200 per month. for present employees will be $6,000 a year with coverage effective July 23, 1971. Motion carried. Annual rota1 cost to Village CLAIMS PAID. Johnson and carried for payment of the following claims as per Pre-List: General Fund, $46,929.71; Construction Fund, $301,262.18; Park Park Const. Swimming'Arena Golf Gun etc. $7,844.80; Water Fund $5,195.77; Liquor Fund, $61,540.85; Sewer Fund, $610.93; Total, $423,383.70. Motion of Councilman Courtney, was seconded by Councilman No further business appearing, Councilman Johnson's motion for adjournment was seconded by Councilman VanValkenburg and carried. 9:lO p.m. Adjournment at 7 Depu ty-village Clerk / c