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04-19-55 Council Minutes[l REGULAR MEETING of the VILLAGE COUNCIL April 19th, 1955 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 19th day of April, 1955 at 7:30 o'clock, P.M. The following members were present: Foss, Huebsch, Rahn and Stark. Member Bies arrived at 7:45 o'clock P.M..; and the following Members were absent: None. The Mayor called the meeting to order at 7:35 o'clock P.M. Figures on tax returns from Mr. Melvin Hetland, for the correction of the March 15, 1955, minutes, had not been obtained, therefore approval of same was withheld. MOVED by Foss seconded by Rahn carried that the reading of the minutes of April 5th, 1955, be dispensed with and 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. (The minutes were not read.) The Mayor read the minutes of the Special Meeting of April 12th, 1955. MOVED by Foss seconded by Rahn that said minutes stand approved as read. The Mayor recommended that Mrs. Severne Banock be appointed acting clerk for the purpose of recording Council action of the instant meeting. MOVED by Foss seconded by P.ahn, carried to approve the recommendation of the Mayor. Resolution, Public Hearing, Special Assessments, Fund #18: The Village Attorney stated that the assessments for Fund 1 Street and Water) improvements have been determined and resolution calling for public hearing on same was presented for passage. As the members of the Council prepared to take action on the above mentioned item, Member Foss raised the question as to the status of the Mayor as a resident of the Village. He stated that the Mayor's vote, if he were not a resident,might invalidate any measure they might vote on and directed the following question to the Mayor: "Are you now�n inhabitant of Golden Valley?" The Mayor declared the question should not be considered inasmuch as it was not included on the agenda for this meeting; that it has always been the practice of the Council to require that matters to be acted upon be a part of the agenda and asked Member Foss if he would care to have him set a special meeting for discussion. Member Foss stated that he felt it was not a question of being on the agenda but a question of the legality of any vote taken in which the Mayor might participate. He further stated that it was of utmost importance because some measures require a four-fifths vote for passage and later we might find that votes taken at this meeting would be void and possible work a hardship on some Village resident (s). (s -- s, .-._. ) Upon being asked for his legal opinion, Mr. Kane, Village Attorney, stated that the law is clear . . . an office is vacated by action of the person involved when he ceases to be an inhabitant of the Village. However, this is a statement of fact for the Council to prove or disapprove. Member Stark then said if it were an established fact that Mayor Huebsch is not an inhabitant of the Village, he seconded the motion made by Mr. Foss. Mayor Huebsch then asked for roll call on the above motion and the following voted in favor of declaring the office vacant: Foss and Stark. Members Rahn and Bies abstained from voting; Member Rahn on the grounds that the Mayor had not been given an opportunity to state his case and that he should be given a hearing. The Mayor then declared that the motion had failed. Member Foss asked the Village Attorney if it were proper to request that the Mayor refrain from voting due to the uncertainty of his status. Mr. Kane suggested a roll call vote be taken on all necessary actions and it was so agreed. Member Foss then introduced the following resolution herein quoted by title as follows: "RESOLUTION PROVIDING FOR HEARING ON ASSESSMENTS FOR STRFFT AND WATER MAIN IMPPOVI MFNT NO. 18", and ?COVED its adoption. The motion for the adoption of the foregoing resolution was duly seconded by "ember Stark and upon vote being taken thereon, the following me-hers voted in favor thereof: Bies, Foss, Rahn and Stark (Mayor Huebsch abstained from voting),and the following voted against the some: None, whereupon said resolution was declared duly passed and adopted, signed by the Mayor and his signature attested by the Clerk. See '-resolutions Book paged _�_ G. General Mills - Future Plans for Sewer Facilities: Member Rahn suggested that a member from General Mills be added to the existing committee com- prised of Mr. Norris Ogard, Mr. Douglas Ress, Mr. Stanley Kane, Mr. Paul Enghauser and himself, and together they would study problems confronting General Mills relative to sanitary facilities for their proposed office building to be located at the northeast corner of Wayzata Boulevard and County Road No. 18. Mr. Howard B. Loomis, Project Engineer for General Mills was the person suggested to fill the post if he would accept the appointment. Written reports of these meetings will be submitted to the Council. Northern States Power - Sub-station Location: Representatives of Northern States Power presented plans of erection and location of proposed sub-station to occupy a parcel 400' x 400' west of Winnetka Avenue North and South of the Minnesota Western Railroad right rf way at the entrance to the Village gravel pit. Mr. Stark stated his opposition to these plans on the basis that the gravel pit was the only sizeable area remaining the Village that could be used for location of a public high school and the location of proposed 'sub-station would cut off the ingress to this parcel of land thereby making it virtually valueless. MOVED by Rahn seconded by Stark to refer this matter to the Planning Com- mission for recommendation. All members voted in favor thereof. Mayor Huebsch abstained from voting. I cyD A Regular Meeting of the Village Oouncil Insert: April 19th, 1955 The Mayor then said he would be glad to place the question on the agenda for the next regular meeting. In reply Member Foss asked, "Is my question so difficult to answer that the answer must be postponed a week or two?" Member Foss then Meed that the office of Mayor be declardd vacant as of April 18th, 1955. Arnold J. Anderson's 2nd Addition: Mrs. Anderson presented the proposed plat of Arnold -n erson's_Trid_T-ddition as recommended by the Planning Commission, and requested approval by the Council. Some question arose as to the advisability of the platting relative to the intersection of St. Croix Avenue and Douglas Drive,. Mr. Paul Enghauser intervened and spoke in behalf of Mrs. Anderson. MOVED by Rahn seconded by Foss to table the matter to allow for further study; same to be placed on the agenda for the meeting of May 3rd, 1955. All members voted in favor thereof. Mayor Huebsch abstained from voting. Transfer of Funds - Golden Valley 6tate Bank: Mr. Leonard Jensen, President and Mr. Edward Hammernick, Executive Officier of the Golden Valley State Bank were present to solicit Village funds for deposit in their bank. Mr. Hammer - nick stated that their bank was qualified in every respect and that they would pledge any bonds and securities the Village might require of them. He further stated, that without exception, in all the surrounding suburbs the local bank serves as a depository for Village and school funds and requested that their bank be given an opportunity to prove their services. Member Foss stated that he felt the Village should, in a manner of public spirit, patronize local business. After the arrival of Mr. Byran, Village Treasurer, Mr. Hammernick repeated his plea. Mr. Bryan stated that he Ti, as in favor of continuing under the present set-up mostly because of the convenience it offered him. Mr. Hammernick stated that he would personally make the trips for Mr. Bryan's signature if that were the only objection to the change. After further discussion it was agreed to defer the matter in question to the meeting of May 3rd; Mr. Jensen and Mr. Hammernick to be presnt at that time. Minnesota Highway Department - Proposed Improvement: After considerable discussion it was decided that upon the return of Mr. Owens, Village Clerk, he should formulate a letter to the Minnesota Highway Department requesting pertinent information regarding their proposed improvement westerly of T. H. # 100. E. E. Crawl - Special Assessment Protest: Mr. E. E. Growl presented plans along with his request for abatment'on Sanitary Sewer trunk assessment on Parcel 2000 in Section 7, Township 29, Range 24, and Parcel 3'10 in Section 18, Township 29, Range 24; this request on the basis of having a limited amount of buildable property. It was decided that the time for appeal had expired and his request was therefore denied. Recess of the meeting was held. Meeting resumed at 9:35 o'clock P.M. Appointment - Dan Lynch, Residential Building Inspector: MOVED by Foss seconded by Bies carried that Mr. Dan Lynch be retained as Building Inspector for the remainder of 1955. All members voted in favor thereof. Mayor Huebsch abstained from voting. Westurban 2nd Addition - Acceptance of Plat: Mr. Paul Enghauser presented plans for the division of property known as Lot 63, Auditor's Subdivision #330 (now to be known as Westurban 2nd Addition), and requested Council approval of the new plat. MOVED by Bies seconded by Foss that plans as submitted be approved and placed on file in the Office of the Village Clerk. All members voted in favor thereof. The Mayor abstained from voting. Division of Lot 8, Block 1, Westurban Addition: Mr. Paul Enghauser requested that sewer laterals be installed to serve Lot 8, Block 1, Westurban. He was instructed to prepare a letter waiving notice of Public hearing, and have a change order signed by G. M. Orr Engineering dompany,Sanitary Sewer Engineers. MOVED by Fogs seconded by Rahn that request be granted subject to the receipt of above meltioned letter and approval of Village Attorney. All members voted in favor thereof. The Mayor abstained from voting. Preliminary Approval - Hampshire Oaks, 2nd Addition: Mr. Fred Jones presented a topographic map of HampshireOaks�nd—Kddition for Council consideration. MOVED by Foss seconded by Bies that preliminary approval be granted. All members voted in favor thereof. The Mayor abstained from voting. Hardship Waiver - R. I. Bromschwig, 310 Hanley Road: The Council was advised by Mr. Bromschwig that the Planning 6ii ssion had approved his request for a 3 foot setback waiver on Lot 14, Jessen's Addition and asked for the Council's approval. MOVED by Foss seconded by Rahn that the afore -mentioned waiver be granted as per plans on file in the Office of the Village Clerk. All members voted in favor thereof. The Mayor abstained from voting. Hardship Waiver - Bob Olson, 1220 Valders: Mr. Olson requested a 10 foot sidelot waiver as per plans on file in the City Clerk's Office and as approved by the Planning Commission. MOVED by Foss seconded by Stark to grant a hardship waiver as requested by Mr. Olson. All members voted in favor thereof. The Mayor abstained from voting. Request for Commercial Building re_rmit - Associated Contractors: Plans on ile an the request for a permit to add to the existing structure at 5720 Wayzata Boulevard were studied. MOVED by Stark seconded by Bies to grant permission as requested. All members voted in favor thereof. The Mayor abstained from voting. Special Assessment Abatement - Thotland: Roberta Hostettler, representing Mrs. Thotland, was present and present e her plea for a reduction in Sanitary Sewer No. 1 assessment against Lots 3, 4, :�c 5, Block 5, Thotland's Twin View Terrace. It was mutually agreed that this assessment presented a singular situation and possibly was entitled to a decrease in the amount of assessment and that the Council would reach a decision after a visual survey of the property involved. Billboards: The matter was indefinitely deferred. Bill of Mr. William Fortier: After considerable discussion, it was MOVED by Foss, .s`,,-9 -&xBies to -approve payment of Mr. Fortier's bill for the spreading of Sanitary Sewer No. 1 assessments subject to a reduction in the amount of $250.00. Mr. Rahn was instructed to so inform him. All members voted in favor thereof. The Mayor abstained from voting. Agreement with Mr. Alden: The Village Attorney stated that he had drawn up an agreement for signatures by Mr. Alden but that Mr. Alden had some question as to certain stipulations contained therein. The Village Attorney agreed to carry on with an explanation of just what the Village required under this agreement and he was sure Mr. Alden would enter into a contract with the Village as soon as conditions of the contract were definitely established. Petroleum Bids: Bids were tabled pending a recommendation of Mr. Owens, Village 'Clerk. License - Cesspool Service Company: MOVED by Stark seconded by Foss that Cesspool Service Company be granted a scavanger license in the Village of Golden Valley running one year from renewal date. All members voted in favor thereof. The Mayor abstained from voting. New Hope Progress Report: Member Rahn stated that there was nothing new to report, but that a meeting relative to this issue was to be held Wednesday, April 20th, 1955, at the Court House and suggested that as many members of the Council as possible should attend this meeting and register their pro- test to the proposed plan. Mayor Huebsch said that he would attend. Park Board Meeting: The Council was informed of a luncheon meeting of the ark Board to be held Friday, April 22, 1955, and that an invitation was extended,to the Council to attend. Rezoning, Jensen Farm: Member Stark stated that he wished to express the views of k1r. Uonry regarding the rezoning of the Jensen Farm. He stated that Mr. Conry felt no differently about the value of rezoning but with- drew his request as a gesture of good will on his part. International Paper R E. J. Longyear Company - Sewer Connection: The possi- bility of International Paper and E. J. Longyear Uompany of hiring a private contractor fir the installation of sewer connections for their respective businesses subject to the filing of a bond and G. M. Orr's approval was discussed. A meeting of representatives from the two companies and the Village Council is to be held in the near future. Adoption of the Minneapolis Electrical Code by Reference: Member Rahn pre- sented to the Council his views on why the Village should adopt the Minneapolis Electrical Code by reference. Mr. Martin r'aquette, Electrical Inspector, was consulted,and he stated his views in favor thereof with the exception of license fee to be charged. He recommended a $ 15.00 license fee rather than a 4 34-00 fee. MOVED by Rahn seconded by Foss to give a first reading to an ordinance entitled:" AN ORDINANCE AMENDING AN ORDINANCE ENTITLED t1 AN ORDINANCE CREATING THE OFFICE OF ELECTRICAL INSPECTOR FOR SAFEGAURDING PERSONS AND PROPERTY AND PROMOTING THE WELFARE OF THE PUBLIC: AND PRESCRIBING HIS DUTIES, RIGHTS AND AUTHORITY, EXTABLISHING STANDARDS FOR ELECTRICAL EQUIP•Y. MENT AND REQUIRING CONFORMITY THEREWITH: MAKING IT UNLAWFUL TO UNDERTAKE THE INSTALLATION OF ELECTRICAL EQUIPMENT WITHOUR A PERMIT THEREFORE, EXCEPT AS OTHERWISE PROVIDED: PROVIDING PENALITIES FOR THE VIOLATION OF THIS ORDI- NANCE AND REPEALING ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE." MOVED by Rahn seconded by Foss carried to approve the above ordinance quoted by title on its first reading. All members voted in favor thereof. The Mayor abstained from voting. Sign permit - Hyers Corner: Mr. & Mrs. Dougherty asked procedure on how to obtain permission to erect a Canada. Dry Sign at Hyers Corner. They were instructed to obtain an application at the City Clerk's Office and submit it to the Council for approval. MOVED by Foss seconded by Rahn carried to approve the bills in the total amount of $ 6,869.69 1133 through 1165 payroll 8105 Void 8106 Void 8107 Golden Valley State Bank Payroll 8108 Miller -Davis Co. 8109 Minn. Fire Extinguisher Co. 8110 Ace I°aintenance `$1 Rertelsnn Brothers 8172 Blacktop Service Co. 8113 W. A. Moes 811. Shell Oil Co. 8115 J. A. Curtis 8116 G. M. Orr Engineering Co. 8117 Ace lkaintenance 8118 H. A. Rogers 8119 Miller -Davis Co. 8120 Arnold D. Andreasen 8121 H. A. Roger 8122 Landers, Norbloom, Christenson 8123 Standard Oil Co. 8124 Wentworth - Forman Co., Inc. 8125 Brulin and Co. 8126 Crown Rubber Stamp Total The Mayor recommended that Mrs. Severne Banock.be for the purpose of recording Council action of the 4,941.20,\ 31.05 172.50 28.00 .75 19.75 30.00 6.85 58.10 800.00 28.00 9.23 - 35.26 128.00 10.63 38.12 326.15 188.00 16.00 2.10 �. s6 9.69 W appointed acting clerk instant meeting. MOVED by Foss seconded by Rahn carried to approve the recommendation of the Mayor. MOVZXge onded by Rahn carried that t, meeting djourn. Att Mayor 2 C 1 1