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07-07-53 Council Minutes102 REGULAR MEETING of the VILLAGE COUNCIL July 7, 1953 Pursuant to due call and notice thereof a regular meeting of the Village Council of the Village of Golden Valley, Hennepin County, Minnesota, was held at the Village Hall in said Village on the 7th day of July, 1953 at 7:30 P.M. The following members were present: Foss, Rahn, Reiss, and Stasel and the following was absent: Stark. MOVED by Foss seconded by Reiss carried that the reading of the minutes of the Meeting of June 16th, 1953 be dis- pensed with and that said minutes stand approved as sub- mitted to each member of the Council prior to this meeting unless some member of the audience wishes them read. (The minutes were not read). MOVED by Rahn seconded by Foss carried that the reading of the minutes of the Special Meeting of June 30th, 1953 be dispensed with and that said minutes stand approved as submitted to each member of the Council prior to this meeting unless some member of the audience wishes them read. (Minutes were not read). MOVED by Reiss seconded by Foss carried that the reading of the minutes of the Board of Review Meeting of June 30th, 1953 be dispensed with and that said minutes Land approved as submitted to each Member of tl-e Council prior to this meeting unless some member of the audience wishes them read. (The minutes were not read). Sanitary Sewers: The Administrative Assistant stated W at Haa transpired at the Special Meeting of the Council held on June 30th, 1953, and presented a report from the G. M. Orr Engineering Company comparing the costs and ad- vantages of a gravity sewer system with a pressure sewer system. MOVED by Rahn seconded by Foss carried that the Admin- istrative Assistant be instructed to obtain from the Village of Crystal a definite committment as to what is included in the sum of $39,000 said sum being stated by the Village of Crystal as the total cost to Golden Valley of connecting with Crystal's proposed sewer system at the Special Meeting of June 30, 1953, and to obtain definite committments from the Village of Crystal regarding maintenance, reconstruction of Minneapolis sewers, and all other aspects of the proposed Crystal sanitary sewer facility and that following such a committment from the Village of Crystal a public hearing be held upon the matter. During the discussion upon the above motion, the Village Attorney stated that there were serious operational difficulties and grave dangers and problems in permitting another municipality to control such a sanitary sewer facility which lay in a community other than the one building the facility. Member Stark arrived and took his seat at the Council table. Trach Construction Company: re shopping center: The Administrative Assistant presen-t—eT-and read a letter from the Minnesota Sate Highway Department dated July 3rd, 1953, said writing dealing with the proposed Shopping Center and stating the attitude of the State Highway Department toward facing said Center on Trunk Highway 55. Member Reiss inquired of Mr. David B. Trach whether he had made any change of plan and was advised that he had not. Mr. Trach further asked the Council to accept the present plan, that he would "put up trees and shrubbery or any other type of structure" that would tend to conceal and/or beautify the rear of the Center, and would by such method, conceal loading docks, incinerators, etc. MOVED b;, Rahn seconded by Foss carried to accept the plans as drawn by the Trach Construction Center pro- vided the rear of the buildin- is properly landscaped, incinerators are not exposed to public view and other provisions are made for the beautification of the rear of the building. Members Foss, Rahn and Stark voted "EYES" on the above motion. Members Stasel and Reiss voted "NO". Opening of bids pick-up street sweeper: The Village Clerk presen a an-aTfIdavit of publi ion of notice of intent to purchase a motor pick-up street sweeper according to specifications submitted by the Admini- strative Assistant, said bids to be opened and considered at this meeting. Said affidavit was examined, approved, and ordered placed on file. The Administrative Assistant announced that three sealed bids had been received which were opened, read and considered, as follows: Name of Company Rosholt Equipment Company Make of Machine r'Wayne" Complete Price $10,078.00 Minnesota Public Works Equip. Co. "Elgin" '102219.00 George T. Ryan, -Company "Gutter Snipe" 81250.00 The bid of the George T. Ryan Company was not considered inasmuch as it did not meet the specifications. Repre- sentatives of the Elgin and Wayne were permitted to address the Council regarding the relative merits of each Company's machine. MOVED by Reiss seconded by Stark carried to accept the bid of the Minnesota Public Works Equipment Company per specifications for the sum of $10,219.00 and to authorize the Mayor and the Clerk to sign a contract for said unit. The Clerk was instructed to return the certified checks of the unsuccessful bidders. The representative of the Elgin pick-up street sweeper stated that the Village of Golden Valley would be per- mitted to use an Elgin Pick-up street sweeper free of charge until his company delivers the sweeper which the Council had purchased. Member Foss voted "NO" on the above motion. Re: Gravel Pit The Village Attorney stated that he had noE caused he Ordinance re -zoning the Gravel Pit and the property immediately north of said Pit from Open Development to Commercial for reasons which he explained to the Council. MOVED by Rahn seconded by Foss that the Village Attorney be instructed to insert notice of the Ordinance in the official Village Newspaper. Discussion was then held upon the above motion. Member Reiss stated that publi- cation should be held up and that the whole matter should be referred to the Planning Commission for reconsideration. Mayor Stasel stated that publi- cation should consist of more than the insertion of an advertisement in the Official Newspaper. Memlaer Rahn then received permission to withdraw his motion and moved that the Gravel Pit remain in statusuo. The above motion was seconded by member Foss ann vote being taken thereon all members voted in favor thereof. The Council instructed the Administrative Assistant to advise the Planning Commission that the Council desired the Planning Commission to notify all persons within a half mile radius who might be adversely af- 1 1 1 . 0 fected by the re -zoning of any parcel of land of the action pending before the Planning Commission, Public Hearing Re: Street Improvement, Quebec and ari au : See Resolution which follows Turnerts Crossroad. Public Hearing re: Turnerts Crossroad etc. drainage mprovemen : The Village Clerk presented an affidavit showing publi- cation in the official newspaper of the notice of public hearing on the proposed street aid storm drainage improvements described in the resolution of this Council relating thereto on June 17, 1953- Said affidavit was examined, approved and ordered placed on file in the office of the Village Clerk. The Mayor then announced that the meeting was open for public hearing on each of said improvements, and all persons present who desired to do so were afforded opportunity to express t�eir views thereon. No objections to the making of said improvements or to the levy of assess- ments to pay the cost thereof were made except as follows: Street Improvement Objector Objection Objector Storm Drainage Improvement Objection Clem Harris No benefits Clarence Green No benefits Robert Kurzeka No benefits Anna Etzler Assessments too high Member Stark then introduced the following resolution and moved its adoption: RESOLUTION ORDERING CONSTRUCTION OF STREET IMPROVEMENT NO. 1 BE IT RESOLVED by the Village Council of the Village of Golden Valley, Minnesota, as follows: 1. At a hearing held this day at 7:30 otclock P. M. at the Village Hall in the Village of Golden Valley, Minnesota, after notice of said hearing duly published as required by law, this Council has considered the views of all persons interested, and being fully ad- vised of the pertinent facts does hereby determine to proceed with the construction of a proposed street improvement in said Viilage, in accordance with the description of said improvement contained in said notice. Said improvement is hereby designated as Street Improve- ment No.. 1 of the Village. 2. The area to be assessed to pay the cost of said improvement shall include all property within the Villlage which is benefited by the improvement, in accordance with the description thereof contained in said notice. Mayor Attest: �� er i The motion for the adoption of the foregoing resolution was duly seconded by Member Foss, and upon vote being taken thereon, the following members voted in favor thereof: Foss, Rahn, Reiss, Stark, Stasel, and the fol- lowing voted against the same: None, whereupon said resolution was declared duly passed and adopted, signed by the Mayor and his signature attested by the Village Clerk. Member Stark then introduced a resolution entitled RESOLUTION ORDERING CONSTRUCTION OF STORM DRAINAGE IMPROVEMENT NO. 2 (Turner's Crossroad). The motion for the adoption of this resolution was duly seconded by Member Foss and upon vote being taken thereon, the following members voted in favor thereof: Foss, Stark, Stasel, and the following voted against the same: Rahn, Reiss, whereupon, upon the advice of the Village Attorney, the Mayor declared that the Resolution had failed to pass because less than a four-fifths majority of the Council had voted in favor thereof. The Clerk presented to the Council plans and specifi- cations for the making of the above Street Improvement No, 1 (Quebec Avenue, etc.), which were approved and ordered filed with the Clerk. Member Stark then introduced the following resolution and moved its adoption: RESOLUTION APPROVING PLANS AND SPECI- FICATIONS FOR STREET IMPROVEMENT No. 1 BE IT RESOLVED by the Village Council of the Village of olden Valley, Minnes�ta, that the plans and specifications or Street Improvemen No, 1 (Quebec Avenue, etc.) of the FM Mayor Attest: 1V, /4441., Clerk The motion for the adoption of the foregoing resolu- tion was duly seconded by Member Foss, and upon vote being taken thereon, the following members voted in favor thereof: Foss, Rahn, Reiss, Stark, Stasel, whereupon said resolution was declared duly passed and adopted, signed by the Mayor and his signature attested by the Clerk. The Clerk presented preliminary plans for a street improvement consisting of one street improvement project and preliminary plans for a storm drainage improvement, all prepared by the engineer for the Village and said Engineer's estimate of the cost of said improvements as follows: For street improvement No. 2 (Jersey Ave.), $1,880.00 For storm drainage improvement.No. 2 (Turner's Crossroad), $21,945.00 which plans and estimates were examined by the Council, approved, and ordered filed. Village heretofore prepared by the engineer for the Village and now on file int he office of the Village Clerk are hereby approved as the plans and specifi- BE IT RESOLVED by the Village Council of the Village cations in accordance with which said improvements shall be constructed except as said plans and speci- fications may be modified by further action of this improvement within the Village as stated in the form Council, in -accordance with law. Mayor Attest: 1V, /4441., Clerk The motion for the adoption of the foregoing resolu- tion was duly seconded by Member Foss, and upon vote being taken thereon, the following members voted in favor thereof: Foss, Rahn, Reiss, Stark, Stasel, whereupon said resolution was declared duly passed and adopted, signed by the Mayor and his signature attested by the Clerk. The Clerk presented preliminary plans for a street improvement consisting of one street improvement project and preliminary plans for a storm drainage improvement, all prepared by the engineer for the Village and said Engineer's estimate of the cost of said improvements as follows: For street improvement No. 2 (Jersey Ave.), $1,880.00 For storm drainage improvement.No. 2 (Turner's Crossroad), $21,945.00 which plans and estimates were examined by the Council, approved, and ordered filed. Member Stark then introduced and read the following written resolution and moved its adoption: RESOLUTION PROVIDING FOR PUBLIC HEARING ON PROPOSED STREET IMPROVEMENT.AND PROPOSED _STORM DRAINAGE IMPROVEMENT BE IT RESOLVED by the Village Council of the Village of Golden Valley, Minnesota, as follows: 1. Inconformity with the provisions of Chapter 398, Session Laws of Minnesota.. 1953, this Council proposes to construct a street improvement and a storm drainage improvement within the Village as stated in the form of notice included in paragraph 4 hereof. 2. The Village Engineer has reported to the Council advising it in a preliminary way that the proposed street improve- ment and the proposed drainage improvement are both feasible and that each should best be made as proposed and not in connection with some other improvement, and has given his estimated costs of the improvement as follows: Proposed street improvement No. 2 (Jersey Ave.) $1,680.00 Proposed storm drainage improvement -No. 2 (Turner►s Crossroad)$21,945.00) 3. The Council shall meet at the time and place specified in the form of notice included in paragraph 4 hereof for the purpose of holding a public hearing on the proposed street improvement and the proposed drainage improvers nt as des- cribed therein. 4. The Clerk is authorized and directed to cause notice of the time, place, and purpose of said meeting to be published for two successive weeks in the North Hennepin Post, the official newspaper of the Village, the first of such publication to be in the issue of said paper dated July 9, 1953, and the second of said publications to be in the issue of said paper dated July 16, 1953, Such notice shall be in substantially the following form: NOTICE OF PUBLIC HEARING ON PROPOSED STREET AND DRAINAGE IMPROVEMENTS Village of Golden Valley NOTICE IS HEREBY GIVEN that the Village Council of the Village of Golden Valley, Hennepin County, Minnesota, will meet on the 21st day of July at seven otclock, P. M., at the Village Hall in said Village at which time and place a public hearing will be held on a certain pro- posed street improvement and a certain proposed drainage improvement which will be considered at said public hearing, which improvement is described below, all in accordance with preliminary plans and estimate now on file in the office of the Village Clerk. The Village Engineer estimates that the entire cost of the improvement will be :23,825.00. The improvement will be subdivided as follows: Establishing and changing the grade, opening, grading, and gravelling, and making such changes in surface drainage as may be necessary and providing ways and means for the dis- posal of surface water and installing such curb and gutter as may be found necessary on the following streets: 1. Jersey Avenue North from the southern boundary of 6th Avenue North (State Aid Road No. 25.) southerly to the northern right-of-way of Trunk Highway No. 55• The installation of a storm sewer and surface water drainage system in Turner's Crossroad from its inter- section with Wayzata Boulevard northerly to its intersection with Judicial Ditch No. 6, which will serve to drain the following described streets, property abutting thereon, and drainage areas, including all property abutting on Turnerts Crossroad from Wayzata Boulevard northerly to Judicial Ditch No. 6. 2. Beginning at a point 735 feet due north of the southeast corner of Section 33, Township 118, Range 21 (intersection of Turnerts Crossroad and Judicial Ditch No. 6) thence east 160 feet, thence south to Glenwood Avenue, thence east along Glenwood Avenue to the west boundary of Lot 22, Block 4, Spring Green; thence South through Spring Green and including the following: Lots 9 to 22, 23 to 28 in Block 4; Lots 11 to 29 in Block 2; Lots 1 to 10 in Block 3; Lots 1 to 25 in Block 5; and all of Block 6 to a point at the southeast corner of Lot 21, Block 2; thence along a line to include all lots in Blocks 1 and 2 of the proposed plat of Golden Hills now on file in the office of the Village Clerk, to the inter- section of State Highway No. 12 and the designated 18 foot alley in said Golden Hills; thence north and east along said alley to a point 500 feet east of Turnerts Crossroad; thence south to Highway 12; thence west along Highway 12 to east 4 corner of Section 4, Township 117, Range 21; thence west and north to include the property known as Gluek's Brewing Company property and Jerry Cramer property to a point 160 feet west of Turnerts Crossroad; thence north to a point approximately 700 feet north of Glenwood Avenue; thence east to point of beginning. In conducting said public hearing for making its decisions on the proposed improvement, the Village Council proposes to proceed under the authority granted by Chapter 398, Minnesota Laws for 1953• All property within the Village which is benefited by the improvement is proposed to be assessed for such improvement as follows: All property abutting on the above-described streets_ and portions of streets; and in the case of project for storm drainage improvement numbered 2 above, all property abutting on the des- cribed streets and portions of streets, and all pro- perty whose legal descriptions are set forth in connection with said storm drainage project numbered 2 above. All owners of such property are hereby notified to be present at said p_,blic hearing there to make known there objections to such proposed improvement, if any there be. BY ORDER OF THE VILLAGE COUNCIL A. G. Stasel, Mayor Attest: Kenneth W. Rahn, Village Clerk Royce Owens, Administrative Assistant STANLEY D. KANE, Village Attorney, 943 Plymouth Building Minneapolis, Minnesota The motion for the adoption of the foregoing resolution was duly seconded by Member Foss and upon vote being taken thereon the following voted in favor thereof: Foss, Rahn, Reiss, Stark, Stasel, and the following voted against the same: None, whereupon the resolution was declared duly passed and adopted, signed by the Mayor, and his signature attested by the Clerk. Re: Jersey Avenue: MOVED by Reiss seconded by Rahn carried a notice of a public hearing of a pro- posed street improvement be inserted in the Official Village Newspaper, said hearing to be held on the 21st of July, 1953• Re: Completion of York Avenue: The Administrative Assistant rea a letter from the Village Engineer dated June 18th, 1953, said letter explaining the circumstances under which a portion of said street was not completed. MOVED by Stark seconded by Rahn carried that the contractor for the 1953 street improvement program complete said street, if in the Engineerts discretion, said street is in a condition to be finally constructed and that said work be charged against the proper street improvement fund. Curb and gutter near 417 Turnpike Road: Mr. Stanley Kane pointed out to the Council that the property at the above address needs the protection of a curb and gutter for drainage purposes. The matter was referred to Mr. Reiss of the Road Committee. Re: Vacation of Poplar Drive: The Administrative Assistant read a letter dated the 30th of June, 1953 from Mr. Roy A. aitt, 215 Meadow Lane North. Said letter advised the Council that he and other property owners now agreed to the vacation of 5 feet on the north and south side of said road. MOVED by Stark seconded by Reiss carried to approve the vacation of said street boundaries and to instruct the Vil'_age Attorney to proceed with the preparation of the proper papers. The Administrative Assistant was instructed to advise Mr. Roy A. yvitt that the Council grants permission to Mr. Witt to commence the grading of said street under the supervision of the Village Engineer. Re: Pinball licenses: MOVED by Rahn seconded by Reiss carried o approve the following Pinball appli- cations, licenses per applications on file: No. Issued to: Located at: 686 Valley Inn 3940 Olson Highway 687 Valley Inn 3940 Olson Highway 688 Sarenpals 5612 Wayzata Boulevard 689 The Bowery 9400 Sixth Avenue North 690 Schuller's Tavern 7345 Sixth Avenue North MOVED by Rahn seconded by Stark to issue a liquor license to Brookview Country Club subject to notarization of the application for the license. Re: Northland Greyhound Radio District: MOVED by Reiss seconde-d by Rahn carried to give a second reading to an Ordinance entitled "AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE VILLAGE OF GOLDEN VALLEY BY ESTABLISHING A CERTAIN RADIO DISTRICT". C'PD[NA1"dcIC MOVED by Rahn seconded by Stark carried to approve the above Ordinance quoted by title upon its second reading and to order publication thereof. MOVED by Stark seconded by Reiss carried to issue a building permit to the Northland Greyhound Company for the construction of a Radio Facility per plans and specifications on file in the Office of the Building Inspector. Re: Franchise Minneapolis Gas Compan : The Village Attorney presented the franchise which the Minneapolis Gas Company recommends to the Village of Golden Valley, and explained the franchise to the Council. Member Rahn objected that the period of time covered by said franchise was excessive, and that he would like to see a new franchise prohibit any greater proportionate rise in rates in the suburban areas than in the City of Minneapolis. The Village Attorney was instructed to determine the legal phases involved should the Village allow the old franchise to expire and not agree to a new franchise and to present his recom- mendations to the Council upon said matter. 1_1 Re: Dog Control: The Administrative Assistant was trruc edto obtain data from neighboring communities regarding the dog Ordinances which they had in effect and to present the results of his studies to the Village Council at the earliest possible time. Police and Justice Reports: Police and Justice Reports or tFie month or June re erred to Member Rahn for analysis, study and report on August 4th, 1953• Building Report: Building Department reports for the mon o June were as follows: Number Valuation Fees Building Permits 28 $262,755.00 $304.00 Plumbing Permits 28 24:300.00 135.75 Electrical Permits 32 92295.00 185.70 The above report was approved. Re: White House Reconstruction: The Administrative ssistant advised the Council that Sebco, Incorporated had not presented plans and specifications for the reconstruction of the"White House" as ordered by the Village Council on June 16th, 1953. The Administrative Assistant was instructed to cause said contracting company to cease operations at once. Re: Plumbing Ordinance: Deferred until the meeting of July 21st 1953. Re: Mr. Clarence Sheedy request for re -zoning: The AMU nis ive Assistant was advised o con act the people residing in the area lying between trunk Highway 55 and Sixth Avenue North, bordered on the West of County Road 18, and advise them that the Village Council desires to know their reaction to the zoning of the whole of said area from Open Development to Commercial. Re: Northern States Power Company: The Administrative Assistant was instructed contact Northern States Power Company and inquire as to why there was not, at the present time, more than one-way service to the Village of Golden Valley. Re: American Electric Bill: The Administrative Assistant advised e Council thate American Electric Company had submitted a bill for X215.85 for wiring the fuel pump, and stated that in his opinion said bill was excessive. 11� MOVED by Reiss seconded by Rahn carried that the Administrative Assistant be authorized to offer a compromise sum of $185.00. Re: New Fire Truck: The Administrative Assistant was ins ruc e o a vise the Fire Department that heir request for a new fire truck would be considered by the Council for the 1954 Budget. Re: Salary of Administrative Assistant: MOVED by Rahn second—ed-by Reiss carried that -tie salary of the Administrative Assistant be increased in the amount of $600.00 per year, retroactive to July 1st, 1953• Member Foss voted "NO". Re: Salary of Village Attorney: The Mayor recommended that the salary of the Vi age='torney be set at X1,000.00 for the year of 1953• MOVED by Rahn seconded by Reiss carried to approve the recom- mendation of the Mayor. Re: Sundae Closing Ordinance: The Village Attorney presented and explained e request which he pro- posed to make to the Attorney General regarding alleged discriminatory phases of said Ordinance. The Council unanimously approved the Attorneyts letter of inquiry to the Attorney General regarding said matter and agreed that the matter should come on for hearing on August 4, 1953. Bills: MOVED by Rahn seconded by Stark carried to approve he ??oIlowing bills in the total of $4,399.67. 5982 Arno Denzin $191.84 5983 Marvin Schuller 142.37 5984 Alden M. Lidster 145.84 5985 Jack Fisher 109.04 5986 Joseph Silitz 120.04 5987 Lawrence Larsen 21.70 5988 Royce W. Owens 190.00 5989 Al McGinnis 142.86 5990 Everett Frandsen 132.78 5991 Alois J. Stein 142.56 5992 Loren Senness 68.80 5993 Marie Ehr 85. 0 5994 Marjorie Fahy 75,0 5995 Fay L. Fay 57.90 5996 Evelyn Denzin 39.20 5997 B. A. Shuttleworth 25.00 5998 Federal Reserve Bank 338.20 5999 Val Bjornson, Treasurer 117.52 114 6000 T,,ester Elstad $1112 6001 Harry Hamman 101. 1 6002 Hanover Tool Sales Company 6.35 6003 Landers-Norbloom-Christensen 4.51 6004 H. V. Johnston Culvert Company 6$.24 6005 Farnhamis Stationery & School 88.05 6007 Northern States Power Company 87.66 6008 Post Publishing Co. 54.90 6009 N. W. Bell Telephone Co. 61.50 6010 Swan Erickson & Sons 341.47 6011 Standard Duplicators 37.50 6012 Blind Gunderson Sales 15.35 6013 Graybar Electric Co. 23.73 6014 American Typewriter Co. 95.00 6015 Loren Hafterson 73.50 6016 Suburban Hennepin Co. Relief Bd 50.50 6017 N. W. Hanna Fuel Co. 77.22 6018 Standard Railway Fusee Corp. 15.57 6019 Dahlberg Bros. Inc. 81.05 6020 Review Publications, Inc. 14.40 6021 Underwood Corp. 37.75 6022 Revierview press 6.50 6023 Argus Publishing Co. 21.75 6024 Earl Peterson 5.00 6025 Reese Water Control Corp. 32.50 6026 Black Top Service Co. 30.50 6028 Long Lake Farm Supply Co. 41.99 6029 J. A. Curtis 20.30 6030 Crawley Fence Co. 185.00 6031 ?Minn. F. W. D. Co. 20.48 6032 Thompson Lumber Co. 22.20 6033 Hicklingts Hardware 51.12 6049 Standard Oil Co. 328.00 N MOVED by Rahn seconded by Foss carried that the meeting adjourn. Attest : Cler I.