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11-16-54 City Council MinutesAEGULAR MEETING of .the VILLAGE COUNCIL November 16, 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 16th day of November, 1954, at 7:30 o'clock P.M. The following members were presents Bies, Foss, Huebsch, and Rahn, and the following arrived at 7t45 o'clock P.M& Member Stark. The Mayor called the meeting to order at 7:30 o'clock P.M. MOVED by Rahn seconded by Foss carried that the reading of the minutes of the meetings of October 19th, October 26th, and November 44th, 195., 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.) Next Regular Meeting of the Village Council: MOVED by Rahn seconded by Bies carried that the next regular meeting of the Village Council of the Village of Golden Valley be held on Wednesday, December 8th, 19511, at 7:30 o'clock P.M. in the Village Hall. Sanit!M Severs: A.eapolis-Golden Valley Connections The Administrative ,Assistant advised. the Council that the -Village ha received from the office of Mr. Hugo G. Erickson, Minneapolis City Engineer, a letter dated November 4, 1954.. subject matter as above referenced, said letter stating that 'the cost of constructing a sanitary sewer along Bassett's Creek frem Xerxes Avenue to Russell Avenue within the City of Minneapolis would be $191,319.00, inasmuch as the City of Minneapolis proposed to construct said surer line during the winter of 19511-55. (Letter of June 2, 1954, estimated the cost of the sewer at $144, 600, oo. ) MOVED by Rahn seconded by Foss carried that the Mayor appoint a committee to meet.with Mr. Hugo -G. Erickson to discuss the above matter. Mayor Huebsch ap- pointed Members Rahn, Foss and himself to said committee. B. Robbinsdale-Golden Valley Surer A reementt The Village attorney reported that a was re -working the "Resolution and greement" studied by this Council at the meeting of November 4th, 1954, and that he would have said "Resolution and Agreement" ready for presentation to this Council at the meeting of Decem- ber 8th, 1954. Watermain improvement No. 2t NOR e: The xn strative Assistant presented a tabulation showing t6a-t is o er 9th, 19540 the sum of $70,000.00 should be raised by bond sale to pay the cost of construction of said watermain improvement. The Administrative Assistant further stated that $21,000.00 should be raised by bond sale to pay the cost of 1954 Street Improvements. Member Stark then introduced the following resolution and moved its adoption: "RESOLUTION PROVIDING FOR SALE OF 370,000.00 WATKMIN IMPROVEMENT BONDS% The motion for the adoption of the foregoing resolution was duly seconded by Member Rahn and upon vote being taken thereon the following members voted in favor thereof: Bies, Foss, Huebsch, Rahn and Stark, and the following voted .against the same: None; whereupon said resolution was declared duly passed and adopted, signed by the Magor and attested by the Clerk. See Resolutions Book Page No._, �. B. "License" Minna lis -Northfield and Southern Railway: The Administrative Assistant advised the Counall that it was necessary, in order to construct the above referenced watermain improvement, that the watermain go under thetracks of the Minneapolis -Northfield and Souther Railway Company where said railroad right of way intersects T. H. 55, and that such construction normally required that the railway company grant the Village of Golden Valley a permanent ease- ment but that the Minneapolis -Northfield and Southern Railway had granted the Village of Golden Valley a "license" for said construction, said "license" stipulating that should the Minneapolis -Northfield and Southern Railway wish _ to construct additional tracks the waterraain must be moved at the expense of the Village of Golden Valley (estimated cost, $2,000.00) and further,_.that said "license" reserved to the grantors the right to revoke the "license" 90 days after notice to the Village of Golden Valley. The Administrative Assistant stated thatthe Village Attorney was of the opinion that said "license" should not be accepted by the Village of Golden Valley and that he agreed with the Attorney. The Council -instructed the Attorney to negoiate with the Minneapolis -Northfield and Southern Railway regarding said "license" and to report his progress to the Council at the next regular meeting._ Re: Fund No, 18: Member Rahn advised the Council that he was investigating e use of surp us Monies in sinking funds for the purpose of purchasing any bonds which may be offered for sale in connection with Fund No. 18', The Council tentatively agreed to said proposal and instructed Mr. Rahn to pro- ceed with his investigations and to present his recommendations to the Council at the meeting of December 8th, 1954. (Note: Attorney, in letter,dated November 18th, 195., advised that such use of funds is contrary to state law.) Duluth Street, Petition to Opens The Administrative Assistant presented the petition of the Golden Oaks Company for the opening of Duluth Street in a west- erly direction from*Winnetka Avenue North to Mendelssohn Avenue North and -ad- vised the Council that said company was in the process of preparing two plats for land lying southerly of the proposed route of Duluth Street. Mr. Russell Smith of the Golden Oaks Company was present and advised the Council that all persons owning property affected by the instant petition were in favor of said petition and would dedicate land without charge with the exception of that property presently owned by Mr. Harry Malenke, 8340 Duluth Street. The Administrative Assistant advised the Council as follows: 1. The Planning Map prepared in 1949 by Morell and Nichols, planning engineers, showed Duluth Street as an eighty foot arterial street. 2. The Planning Map of Morell and Nichols has been followed in the past, in that plats have been accepted which make provision for an eighty -foot right of way. 2 3. That regardless of the width of the right of way of Duluth Street, it was not planned to construct the actual roadway any wider than that presently constructed on a sixty foot right of way, in that the present state of devel- opment of the land adjacent to Duluth Street did not warrantvwider wearing coarse. 4. That the Council can at this time Auire an eighty -foot right of way for Duluth Street, excepting only those lots which have been improved upon by the construction of homes. Under this plan, some future Council, when demand devel- oped, would have to consider condemnation proceedings. 5. That if Duluth Street were to be constructed at this time and all homes re- moved which would interfere with or impinge upon an eight -foot right of way, a maximum of three homes would be disturbed. 6. That Mendelssohn Avenue and Winnetka Avenue were in fact city arterial streets, and any straight street connecting the two would very soon become heavily used _ regardless of the width of the right of gray or the width of the wearing course, and that all traffic and planning engineers recognized this fact. 7. That approximately 1,100 homes would eventually be served by Duluth Street, in that Mendelssohn Avenue was planned to be the "second Belt Line". 8. That it is difficult to plan regarding Medicine Lake Road because this road is a boundary street, and its development would require the cooperation of Golden Valley, New Hope, and Crystal. Mr. A. C. Eimmerle, 8204 Duluth Street, objected to any right of way greater than 66 feet, and stated that when his building permit, and that of Mr. Edward Jordan, were issued, they were issued on the vasis of a sixty-six foot street. Mr. Harry Malenke, 8340 Duluth Street, objected to deeding any protion of his land to the village.for road purposes on the grounds that he would derive no benefit, and did not want close neighbors. Two issues were recognized by the Council. 1) Whether or not the roadway should be out through at this time, and the cost thereof assessed against benefited properties, and 2) width of the right of way. MOVED by Rahn seconded by Bies carried that'the instant matter be tabled to the next meeting of the Council to be held on December 8th, 1954. vacations: bioHearing, Vacation of Alley in Glenwood Addition: The Village Clerk pre- sented a petition for the vacation of a certain alley and an affidavit of pub- Ucation of notice in the official newspaper of public hearing to be held at this time and place regarding the vacation of a certain alley as described in said affidavit. Said affidavit was examined, approved and ordered placed on file. The Mayor announced that this was the time and place for the public hearing above referred to. All persons present who desired to do so were afforded op- portunity to express their views thereon as follows: Objector Objection None None Proponents Mr. Henry Norton, President Mr. Norton stated that his company wished to Animal Rescue League improve the Animal Rescue League facilities by Hennepin County the construction of an addition across the present right of way of the alley bounded on the west by lots 354 to 360 inclusive and on the east by lots 361 to 369 inclusive. The Administrative Assistant presented and read, an excerpt of the Golden Valley Planning Commission Minutes of September 9, 1951, said commission recommending the vacation of said alley, provided, however, that the Animal Rescue League dedicate 14 feet fdr alley purposes from the southerly portion of lot 354, said alley not to be constructed by either the Animal Rescue League or the Village of Golden Valley until such time as a demand develops. Mr. Norton, on question, stated that his organization was willing to so dedi- cate an alley. Member Rahn thereupon introduced the following resolution quoted by title and moved its adoption: "RESOLUTION VACATING ALLEr". 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: Bies, Foss, Huebsch, Rahn and Stark, and the following voted against the same: None, whereupon said resolution was declared duly passed and adopted, signed by the Mayor and attested by the Clerk. See Resolutions Book Page No. I ,Sa . MOVED by Rahn seconded by Foss carried that the Building Inspector be in- structed to issue a building permit to the Animal Rescue League pei/plans and survey inspected by this Council and on file in the cffice of the Building Inspector. Public Hearing,Vacation, France Avenue Norths The Village Clerk presented a petition for the vacation of a certirn--st—r—eel and an affidavit of publication of notice in the official newspaper of public hearing to be held at this time and place regarding the vacation of a portion of France Avenue North as described. in said affidavit. Said affidavit was examined, approved, and ordered placed on file. .The Mayor announced that this was the time and the place for the public hearing above referred to and all persons present who desired to do so were afforded opportunity to express their views thereon as follows: Objector None Objection None 1 1 1 The Administrative Assistant stated that/it was necessary that a portion.of France Avenue in Delphian Heights 3rd Unit be vacated in order that a plat already given preliminary approval by this Council could be filed. Member Foss thereupon introudeed the following resolution quoted by title and moved its adoption: "RESOLUTION VACATING STREET". The motion for the adoption of the foregoing resolution was duly seconded by Member Rahn and upon vote being taken thereon the following members voted in favor thereof: Bies, Foss Huebsch, Rahn and Stark and the following voted against the same: None; whereupon said resolution was declared duly passed and adapted, signed by the Mayor and attested by the Clerk. See Resolutions Book Page No. )5'5. Re: Codification and Compilation of Village Ordinances: (See minutes of ova er , e Administrative Assistant reviewed the proposal of Vennum, Newhall, and Ackman, attorneys, for editorial services in compiling and codifying the effective law of the Village of Golden Valley, at a total estimated cost of $1,650.00 The Administrative Assistant further stated that the Village Attorney reeom- mended that the Council defer the printing of the Comprehensive Zoning Ordinance and to instruct said firm to codify the zoning ordinance in accordance with the numbering system said codifers propose to use. MOVED by Rahn seconded by Bies carried that the offer of Vennum, Newhall, & Ackman, above referred to be accepted and that.said comparW be instructed to include in their work the codification and numbering of the Comprehensive Zoning Ordinance at a total cost not to exceed the sum of $1,650.00. Hardship '(Taiver, Lot 8, Block 9 Noble Grove Addition: Petition of Mr. James Leiden The Administrative Assistant presen and read an excerpt of the Golden VRL1ey Planning Commission minutes of November 12th, 1954, in which the commission referred the above referenced hardship waiver petition to the Coun- cil. Mr. James- Leider was present and addressed the Council regarding the matter of the proposed hardship waiver. MOVED by Stark seconded by Rahn carried to instruct the Building Inspector to issue a building permit for the construction of a garage on Lot 8, Black 9, Noble Grove Addition, on the grounds of harship, said garage to be 10 feet from the north lot line, provided however, that Mr. Leider obtain a letter -from his neighbor to the north stating -that said neighbor has no objection to the above reduction of side lot clearances. Appointment of X.eetion Judges and Clerks: MOVED by Rahn seconded by Bies car- ried to appoint the following persons as election judges and/or clerks for the Village election to be held on December 7th, 1954: District No. 1 - Noble Avenue School Mrs. Mrs. Ray Currey Lyle Jensen 2901 Perry Avenue North 2925 Perry Avenue North Ju 5086 Al 7701 Mrs. Fred Plante 3312 Regent Avenue North Ry 3295 Mrs. Earl'Costigan 3030 Quail Avenue North Ju 5063 Mrs. John Stewart 4320 Golden Valley Raod Hy 8831 212 District No. 2 Mrs. Irene Hafterson Mrs. Ingrid Woehning Mrs. Fae Fay Mrs. LouiscHutcheson Mrs. Hilda Pankonie St. Margaret Maws School d 5201 Thotland Road 5331 Golden Valley Road 1120 North Lilace Drive 52.9 Golden Valley Road 4715 Golden Valley Road District No. 3 - Fire Station Mrs. L. 0. Wallgren Mrs. Mae Glemming Mrs. Al Gilbertson Mrs. Al C. Birk Mrs. Carl Sandell 4515 Chatelain Terrace 114 Burntside Drive 311 Burntside Drive 316 Westwood Drive North 4605 Chatelain Terrace District No. 4 - Meadowbrook School Mrs. Inez Kullberg 400 South Lilace Drive Mrs. Arne Larson 4.500 Avondale :Road Mrs. Mabel Tommerasson 4313 Avondale Road Mrs. Robert Gumsrad 25 Turnpike Road Mrs. W. J. Montroy 309 Ottawa Avenue South Ch 8282 Ju 3061 Hy 2252 Al 3042 W 0816 Al 3529 Ch 5118 Al 0225 392 mi 125 A 6 Or 5-604.7 Ke 4622 Ke 7552 Or 5-9305 Ke 1226 District No. 5 - Village Hall 7340 Harold Avenue Mrs. Ilene Assuma 5645 St. Croix Avenue Ju 3086 Mrs. Don Scrimger 1337 Kelly Drive Or 5-8038 Mrs. Betty Tetrad 1041 Idaho Avenue North 0" 5-8056 Mrs, Banjamin Farr 7324 Plymouth Avenue or 5-6873 Mrs. Herbert Hirt 1101 Idaho Avenue North Or 5-8667 District No. 6 - Baptist Church Mrs. William Halluska 7340 Harold Avenue Or 5-6702 Mrs. Lillian Turgeon 8838 Champlain Street Or 5-8702 Mrs. Eva Erickson 330 Georgia Avenue North Or 5-9256 Mrs, Arthur Wilson 6701 Glerwood Avenue Or 5-9616 Mrs. Sheldon Ostroot WO Harold Avenue North Or 5-6653 On question from Member Stark the Administrative Assistant advised the Council that he had under lock and keg all village ballots of all special and regular elections, as turned into him by election judges and clerks, and further that in the possession of the Village Clerkts office were all unused ballots, all void ballots, and all voted ballots, which state laws require be kept for not less than two gears. The Administrative Assistant further stated that at every election a small per -tentage of voters accept ballots and then do not use them but leave them in the voting booth or discard theca on the premises of the polling places, November 16, 1954 and that election judges and clerks are instructed not to collect or tabulate any ballot not placed in a ballot box by the voter or election judge, Deed Tract W R.L.S. #30: (See minutes of August 3rd, 1951.) MOVED by Bies seconded by Foss carried that the Village of Golden Valley accept the deed to Tract W, R.L.S. #30 for street purposes, said property being conveyed to the Village of Golden Valley for the consideration of $1.00 from Mr. Clarence Sheedy and wife. The Village Attorney was instructed to file the deed. Bond Westchester Additions MOVED by Stark seconded by Bies carried to accept the bo–na of West—cFe—ster Addition according to the minutes of this Council of September 21, 1954. Member Rahn voted "NO". MOVED by Stark seconded by Bies carried that the Administrative Assistant advise the platters of Westchester Addition to advise the Village within 90 days from this date whether or not they had determined Outlot No. 1 -suitable for building purposes and therefore whether or not Douglas Drive would follow the route proposed in said plat. Member Rahn voted "NO". The Village Engineer advised the Council that said plat had been revised to require that the developers fill a certain area reserved on said plat as a permanent pond. The Council agreed to said change. Acceptance of Streetss Arnold J. Anderson Additions MOVED by Foss seconded y Bies carrieTthat all streets in sai .a ition a accepted upon the recommendation of the Village Engineer and his report that said streets met or exceeded Village specifications for street construction and that no drainage problems existed at this time, and to authorize that the bond be released one year from this date. The Council accepted the road profile map submitted by the developers of said plat and ordered it placed on file in the office of the Village Engineer. Traffic Studiesr The Administrative Assistant advised the Council that he had requested the Chief of Police to study and make recommendations concerning existing speed limits and other traffic control devices -within the Village of Golden Valley, but that the Chief of Police had not, as yet, performed such studies. The Administrative Assistant recommended that in view of the codification of the effective. lair of the Village of Golden Valley as ordered by the Council at this meeting, the Council should order the Chief of Police to undertake the.above mentioned studies and to make such recommendations as he sees fit regarding speed limits, stop signs, and all other traffic control devices. MOVED by Stark seconded by Bies carried that the Chief of Police study the speed limits and traffic control devices of the Village of Golden Valley and make recommendations to the Village Council not later than 60 days after receiving written notice from the Administrative Assistant. 214 - The Council instructed the Administrative Assistant and the Attorney to report back to the Council regarding the recommendations of the Chief of Police. Application for Scavenger License, Cesspool Service Company: Member Rahn., Chairman of the License Committee., reported that he had investi- gated the application of Mr. John W. Raswick, d/b/a/ Cesspool Service Company, for a scavenger license and that after said investigation he could not recommend the issuance of a scavenger license to the Cesspool Service Company, and thereupon MOVED that the application be denied. Member Stark seconded the above motion. upon vote -being -taken thereon, the following members voted in favor thereof: Bies, Foss, Huebsch, Rahn and Stark. Police and Fire Equipment: The Administrative Assistant advised the Council TFa7 he hoped thate would be able to present to the Council on December 8th, 1951, specifications for'the purchase of Police and Fire Equipment authorized in the 1955 budget. Harold Avenue Parks Mr. David Jongeward, 1035 Rhode Island Avenue North, addressed he Council regarding a youth activity center. Member Rahn stated that the American Legion and the Lions Club were both interested in Mouth activities, and that if Mr. Jongeward would get in touch with either Mr. Foss or himself said organizations would do everything in their power to aid and abet a youth activity center. Res Fencing or Filling of Artifical Excavations: The Village Attorney, t ey D. Kane, stated that Mr. RoBeR Loser, owner of certain properties on which artifical excavations exist, had been served with legal papers ordering him to fence or fill said hazards. The Attorney further stated that it was his opinion that such orders woulgl nob.,be honored by Mr. Moser and that the Council could expect the matter to result in litigation. The Council accepted the report of -the Attorney and directed the matter be prosecuted to completion. MOVED by Stark seconded by Bies carried that the bill of the Richards Oil Company, in the amount of 8706.16 be paid from the PIR Fund, said amount of money being due and payable for work done on the 1954 street improvements, (Douglas Drive), and that the PIR Fund be'reimbursed in said amount as soon as bond sale monies become available. MOVED by Rahn seconded by Foss carried that the Village Treasurer be authorized to sell $100,000.00 of government bills, said bills having been purchased with monies made available to the Village through the sale of bonds fort Sanitary Sever Improvement No. 1. MOVED by Foss seconded by Bies carried to approve the following bills in the total amount of $5,093.97. J_ 7595 through 7611 Payroll- .- $214P1.04 1 7612 Post Publishing Company 30.60 7613 Miller-Da*is 35:80 " 7614 ]Kenneth W, Rahn 25;00 7615 Bertelson Brothers 8:95 7616 Standard'Duplicators 43'.80 7617 Lester L. Elstad 163.P0.,, 7618 Shell Oil Company 72.76 7619 Standard Oil Company 124.80 7620 Thompson L tuber Company 32,82., 7621 Adler Steel Products Company 16.00 W, 7622 J. N. Johnson, Inc. 3.25. 7623 Graybar Electric 11.63, 7624 Minnesota Sand & Gravel 47.53`' 7625 Lyle Signs Company 6.97". 7626 N. W. Tire Company 196.50 , 7627 ' Jordon & Sons Sod Company 142.93 7628,'Armco Drainage & Metal Products Company 46.93 7629 Enterprise Electric 491,38- 91.387631 7631H. A. Rogers 2.95.. 7632 Richards Oil Company 706.16 , 7633 Stanley D. Bane 83.84 7634 Minneapolis Blueprinting Company. 150.91 7635 Robert Reed 50.00., 7636 L. J. Gleason 50.00-a 7637 Norman Perl 50-00- 7638 N. W. Bell Rephone Company 18.15' Total , MOVED by Stark seconded by Bies carried that the meeting adjourn. Attests