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09-07-54 City Council Minutes1 j P_ REGULAR MEETING OF THE VILLAGE COUNCIL September 7, 1954 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 in the Village Hall in said Village on the 7th day of September, 1954s at 7:30 o`clock P.M. The following members werepresent: Bies, Huebsch, and Rahn and the following arrived at 7:45 otclock P.M. and 7:47 otclock P.M. respectively: Members Foss and Stark. Mayor Huebsch called the meeting to order at 7:40 o'clock P.M. MOVED by Bies seconded by Rahn„carried that the minutes of the meeting of August 17, 1954, and August 23, 1954s be dispensed with and that said minutes be -approved as submitted to each member of the Council prior to this meeting unless some member of the audience wishes them read. (The minutes were not read.) The Mayor discussed the operation of the Village, and emphasized that the Council must operate the Village in compliance with the laws of the State of Minnesota and the ordinances of the Village of Golden Valley. The Mayor further stated that there would be no public hearing on any matter at the instant meeting, and that only those persons present who had a direct personal interest in any matter on the agenda would address the Council. 1955 Bud et: The Administrative Assistant advised the Council that a was not ready at this time to present the Council with data on the 1955 Budget and requested that the Council defer action. The Council agreed to holbuddecial Monday,eSep�emberfor the l3, 1954• purpose of discussing the 1955 get on Sanitary Sewers: MOVED by Rahn seconded by Bies carried that he Admin strative Assistant be instructed to advise the G. M. Orr Engineering Company that the Council approved the construction of Sanitary Sewers by Deter Lametti and Lametti & Sons on the basis of the base bid received by this Council on April 13, 1954, on the smaller size pipe, and that said contractors be instructed to start construction immediately. Mr. Harbeson, of the Miller -Davis Engineering Company, engineers for the International gaper Company, advised the Council that the paper company intended to begin operation shortly after the first of the year and that municipal sanitary sewer service is desired by the paper company, but thetMinnesotaaDepartmentnitary eof service not be available in 19559 Health would approve a temporary expedient. The Council and Mr. Harbeson then discussed the sanitary sewer lateral Mto ice the inquiredaasral to theacostetofore the paper. Haed as nl(g)”. Mr. Harbeson�tM 158 company for constructing the lateral. Mr. Harbeson was advised that the Council does not know at this time what the construction cost will be but that within two weeks the approximate cost which would be assessed against the paper company would be known, and that in any event, municipal sanitary sewer service will not be available to the paper company until late in 1955• Member Rahn then intorduced the following resolution and moved its adoption: "Resolution Providing For Public Hearing On Proposed Sewer Improvement". See Insert 1. The Village Attorney advised the Council that should the lateral servicing area l(g) be constructed, the Council should require a waiver from the paper company as to notice of public hearing on the trunk sewer linea The Village attorney advised the Council that he has obtained all necessary easements for the construction of the sanitary sewer interceptor with the exception of the properties owned by a Mr. Blumberg and a Mr. Hansen. Re: Watermain Im rovement: (See minutes of August 17, and August 23, 1 The Administrative Assistant read a letter dated august 30, 1951, from the argonaut Realty Division of the General Motors Corporation, said letter urging the construction of a watermain to service the General Motors Training School located at the intersection of T..H. 55 and T. H. 100, and offering a cash bonus of $10,000.00 if said watermain were constructed. Said letter was ordered placed on file in the office of the Village Clerk. Mr. T. J. Parrent of the argonaut Realty Division of General Motors 0orporation was present and discussed the matter at length with the Council. The Clerk presented preliminary plans for a watermain improve- ment prepared by the Engineer for the Village, and said Engineer's estimate of the cost of the improvement as follows: Cost of the improvement: $75,000.00. which plans and estimates were examined by the Council, approved, and ordered placed on file. Member Rahn then introduced the following resolution and moved its adoption: "Resolution Providing For Public Hearing on Proposed Watermain Improvement". The motion for the adoption of the foregoing resolution was duly seconded by Member Stark and upon vote being taken thereon, the following voted in favor thereof: Bies, Foss, Huebsch, Rahn and Stark, and the following voted against the same: Done, 1 i whereupon said resolution was declared duly passed and adopted, signed by the Magor and attested by the Clerk. See Resolutions Book page 1,2 l . Optional Plans of Village Government: The Council discussed optional plans of Village government. Member Rahn stated that he had investigated optional Plan A under which the Council would appoint the Clerk, Treasurer, and Assessor, and that his reaction to such a change was entirely favorable at this time. The Attorney advised that the change must be voted upon by the people. The Mayor stated that the matter could be voted upon at the November election. Application For Commercial Building Permit: Mr. Dahl: MOVED by Bies seconded by Stark carried that the Building Inspector be instructed to issue a building permit for the construction of a gasoline service station to be located at 3922 Olson Memorial Highway per plans and specifications inspected by this Council and on file in the office of the Building Inspector. Re: Commercial Building Permit Mr. Dostal: (See minutes of August 17s--1-934-) MOVED by B es seconded by Stark that the permit be granted. Discussion on the motion followed. Member Stark inquired of the Village Attorney as to whether a business or industry requiring less than a 5 horsepower motor would come under Community Store or Commercial zoning. The Attorney stated that his interpretation of the Village ordinances is that if an industry uses less than a 5 horsepower motor said industry would come under the classification of Community Store, Mr. Dostal was present and stated that his largest motor at the present time was a 1 horsepower motor, that 3 out of 5 printers do die cutting work, that he has printerts type and does a limited amount of printing, and that his business could at any time beepme a regular print shop. Member Stark thereupon stated that the business operated by Mr. Dostal should be classified as a printing business, that Mr. Dostalts proposed business did not require more than a 1 horse- power motor, and therefore could be classified as a Community Store use. Mr. Rahn raised the issue of zoning, whereupon Mr. Kane stated that on the basis of horsepower the proposed use would not be a,,violation of the Community Store Zone, but that in cases of this kind the matter was fundamentaly a matter in which the Council was free to exercise its discretion. *MOVED by Rahn seconded by Foss carried that the matter of the adoption of an optional plan of Village government be tabled until the meeting of September 21, 1954• The Mayor stated that he wanted to view Mr. Dostal's present operation and that he felt that he and Mr. Bies should have the opportunity to so view the operation before -making up their minds on the matter, whereupon members Bies and Stark withdrew their motion and second respectively. R e lat of Delphian Heights Addition: The Village Attorney stated that he had discussed sai matter with County Officials and that it would be necessary for the Council to vacate a portion of France Avenue included in said plat, and that he had drafted and sent Mr. Scherer a petition requesting vacation of said portion of France Avenue. The Council instructed the Administrative Assistant to cause notice of public hearing to be advertised should Mr. Scherer present a sufficient petition for said vacation. Request For Setback Waiver Mr. Sheedy: The Administrative Assistant advised the Council that Mr. Clarence Sheedy had been granted a permit to construct a filling station per plans sub- mitted on June 15, 1954, but that Mr. Sheedy now requested that the Council grant a waiver of setback requirements per amended plans now on file in the office of the Building Inspector. MOVED by Foss seconded by Bies carried that the waiver be granted and that the Building Inspectfor be instructed to issue a building permit to Mr. Clarence Sheedy for the construction of a gasoline service station according to the amended plans. Members Rahn and Huebsch voted "NO" on the above motion. Amendment to Billboard Ordinance: (See minutes of August 17, 1954.3 MOVED by Rahn seconded by Huebsch carried to give a second reading to an Ordinance entitled, "AN ORDINANCE AMENDING AN ORDINANCE ENTITLED, 'AN ORDINANCE TO LICENSE AND REGULATE THE CONSTRUCTION, ERECTION, ALTERATION, REFACING, RELOCATION, RE- CONSTRUCTION, MAINTENANCE AND USE OF BILLBOARDS IN THE VILLAGE OF GOLDEN VALLEY, MINNESOTA.' " as amended. MOVED by Rahn seconded by Huebsch carried to approve the above ordinance quoted by title on its second reading and to order publication thereof. See Ordinance Book page 9S" . Scaven er Company Licenses: MOVED by Rahn seconded by Bies carried to approve the issuance of the following scavenger licenses for the period of September 7: 1954, through March 31, 1955s per applications and bonds on file, subject to the approval of the Village Attorney of the bonds as to form. License Number 841 842 843 844 To Whom Issued H. L. Sheppeard's Minnesota Dumping Roto -Rooter A.A.A. Scavenger Rotary Sewer Service Company Company 0 1 ab MOVED by Rahn seconded by Bies carried to approve the issuance of the following licenses per applications on file: Soft Drinks-Knight's.Pharmacy-September 7, 1954 to March 319 155 -No. 840 a Cigarettes--Knightts Pharmacy -September 7, t54 to Dec. 31s t54 - No. 839 Hospitalization Insurance: MOVED by Rahn seconded by Foss carried that the Administrative Assistant be instructed to advise the Minnesota Hospital Service Association that the Village Council of the Village of Golden Valley approves the group employee hospitalization insurance plan (Blue Cross and Blue Shield) for all village personnel offered by said association and further agrees that the Village of Golden Valley shall pay 50% of all premiums and to direct and authorize the proper officials to execute all necessary contracts and documents. Graceful Addition: Acceptance of Streets: The Administrative Assistant reported that the Village ngineer had advised that the construction of the streets in Graceful Addition complied with the bond on file in the office of the Village Clerk, and that said street construction met or exceeded Village specifications. MOVED by Stark seconded by Bies carried that said streets be accepted by the Village subject to the bond on file in the office of the Village Clerks said bond not to be released until such time as the Village Attorney so directs. that r. Fred E. Jones had presented to the Village of Golden Valley a Bank Money Order in the sum of $1,000.00, said Bank Money Order being submitted to the Village in lieu of a $1,000.00 bond guaranteeing the construction of streets in Hampshire Oalm Addition. (See minutes of August .17, 1954-) MOVED by Foss seconded by Rahn carried to accept Bank Money Order No. 19510, drawn from the Citizens State Bank, St. Louis Park, Minnesota, in the sum of $1,000.00 in lieu of the bond guaranteeing completion and other subdivision requirements of Hampshire Oaks Addition, provided however, that said Bank agree to hold the funds indefinitely or until such time as the Bank Money Order is released by the Village of Golden Valley. Re: Police De artment:. The Mayor advised the Council and those present that this was not a public hearing, and that only Council members would discuss the operation'of the Golden Valley Police Department, The Mayor read excerpts from the Minnesota Statutes dealing with the responsibilitiess duties, and rights of Village Council's and then read an Attorney General's opinion, and an opinion of the attorney for the League of Minnesota Municipalties, both of said opinions interpreting the responsibilities, dutiess and rights of a municipal council with respect to the operation and 162 management of a Police Department whose personnel came under the 1929 State Civil Service Law. It appeared from the above discussion, and the Mayor so pointed out, that in any municipality where a Police Civil Service Commission might exist, said Commission has absolute control in the hiring, promotion, demotion, and discharge of Police Department personnel, but that the Village Council has the responsibility, duty, and absolute right under State Law to manage and operate the Police Department without consultation with the Civil Service.Commission. The Mayor stated that it was apparent that .the Council has full control and authority over all personnel of the Village, including the Police Department, except insofar as the firing, promotion, demotion, and discharge of members of the Police Department was a function of the Civil Service Commission, that the Council has appointed Mr. Royce W. Owens as Administrative Assistant and made him responsible to the Council for the mana- gement of Village affairs, and that every person employed by the Village of Golden Valley must regard Mr. Owens as the Village Administrator, that all personnel were responsible to him, and he to the Council. Members Rahn and Stark stated their agreement to the preceeding statement of the Mayor re- garding the management of Village affairs. MOVED by Bies seconded by Foss carried that Mr. Owens be instructed to advise all personnel employed by the Village of Golden Valley of the following policy statement, first adopted on June 22, 1954. Statement of Policy Regarding Village Affairs: The Council agreed that the Administrative Assistant is charged with the routine management of Village affairs and therefore all depart- ments must go through his office before the Council will consider any departmental matters, and that all departmental purchases must be approved by the Administrative Assistant and that no councilman or group of councilmen should pass upon the merit of any purchase except at a regular council meeting. In the latter case, that is, where a department wishes to take a matter to the council without the approval of the Administrative Assistant, the Council agreed that the policy of the Council will be to defer or table the matter to another meeting for the purpose of affording time for investigation. MOVED by Bies seconded by Foss carried that Mr. Owens be instructed to check into the operation of the Police Departments in no less than three neighboring communities and to report his findings to:the Council at the earliest time. Appointment of Alternative Election Jud es: MOVED by Rahn seconded yFoss carried.tFlat Mrs. Fred Greenfield.. 5431 Glenwood Avenue North, be appointed as an alternative election 162.E Ret Industrial Site: Member Stark stated that an industry was interested in the property lying gest of the Minneapolis -Northfield & Southern tracks, south of Go:.den Valley Road, and north of the Minnesota Western tracks, and inquired of the Council as to the attitude of the Council toward rezoning said property to Industrial. The Council -indicated that for a proper industry the Council would give favorable consideration to rezoning the property. 1 D 1 judge for District No. 4 and that Mrs. Betty Tetrud, 1041 Idaho Avenue North be appointed as an alternative judge for District No. 5. Re: Samuelson1 s Lakeview Addition: The .Administrative Assistant advised the Council that the Village of Golden Valley requires all platters to make adequate provision for the drainage of surface water regardless of the orgin of said water. The Administrative Assistant further stated that an existing storm drainage sewer constructed by Dr. Samuelson should be extended to Spring Valley Road at the expense of Dr. Samuelson, inasmuch as he was platting the land, but that Dr. Samuelson refused to extend said storm sewer according to the instructions of the Engineer. Dr. Samuelson was present and objected to said extension on the grounds that the expense should be born by the Village of Golden Valley. MOVED by,Stark seconded by Bies carried that if Dr. Samuelson: will extend the existing storm sewer drainage to and slightly beyond the east right of way of Spring Valley Road, at his expense, the Village of Golden Valley would construct a -catch basin at^the terminus of said storm sewer and would connect said catch basin with a catch basin on the west side of Spring Valley Road. Dr. Samuelson stated his approval of the above agreement. MOVED by -Foss seconded by Rahn carried to approve the bond of Dr. Samuelson guaranteeing the completion of the roads in Samuelsonts Lakeview Addition as set forth in the minutes of the meeting of August 17, 19540 / G a q Sanitary -Sewers, Assessments The Council decided that it would consider the adoption of a resolution calling for a public hearing on the assessment roll at the Special Meeting of Sept- ember 141 1954, Re: Com rehensive Zoning Ordinance: The Village Attorney reports that within one or two months he expected to have the Comprehensive Zoning Ordinance codified and published. Basement -Dwelling: 1245 Angelo Drive: MOVED by Stark seconded by Foss carried that the Building Permit -fee for the finishing of a dwelling located at 1245 Angelo Drive be waived, provided that Mr. Hovden will sign a letter guaranteeing that all exterior construction will be completed within 60 days. FHA Housing Documents The Council unanimously agreed to authorize Mr. Royce W. Owens, Mr. Harry Hamman, and Mr. Norris L. Ogard, to sign all FHA Housing Documents on behalf of the Village of Golden Valley, Bills: MOVED by Rahn seconded by Stark carried to approve the following bills in the total amount of $24,179.75: exception being made to the bill of the G. M. Orr Engineering Company in the sum of $19,889.88. With respect to the bill of the G. M. Orr Engineering Company mentioned above the Council instructed the Attorney to determine the amount now owed the G. M. Orr Engineering Company for engineering services rendered as a result of the construction of sanitary sewers and to report his findings to the Council at the earliest possible time, is approved September 21, 1 733 thru 7386 Payroll 7387 Wald R. Wendling 7388 Wm. H. Ziegler Company 7389 Nort western National Bank 7390 DeSha Implement Company 7391 Post Pu lishing Company 7392 A. Paul Mme 7393 Ed Ryan, S* rriff 7394 Miller -Davis 7395 Hoff Rubber S mp Company 7396 J. A. Curtis 7397 Panama Carbon Co any 7398 Bertelson Brothers 7399 Farnhamts 7400 Lee Electric Company 7401 Glenwood-Ingelwood 7402 Simplex Time Recording p 7403 Ace Maintenance 7404 Northern States Powe Compa 7405 Midwest Gun and Ke 7406 Shell Oil Company 7407 Graybar Electri Company 7408 Northwestern 11 Telephone 7409 Thompson L er Company ny C 7410 The Gray C any 7411 Standard it Company 7412 Wm. H. iegler Company 7413 Jay Mrd Craig Company 7414 Vil ge of Richfield 7415 H. Rogers 7416 nneapolis Blueprinting Company 7417 obert F. Fitzsimmons 74 W. A. Moes Total 3.9305• -�, oA 13*9 •50 56.08 ,634.84 1 ,70 - .00 16.00 10.00 24,90-1 21.50 34,98 38.85- 316.04 2,60 22,51- 172,69-,, 2.51-172.69 21.00 -, 100.19 15,00" 131.54 ,-, 352.49 107.7 5,,. 38.30 30.75,,: �9 `i5 2.21 105.00, 27.0 9 0 <,0O -a 98. 5" P} MOVED by Bies seconded by Stark carried that the meeting adjourn. Mayor Attest: LLaLd =W' Village Clerk 1