05-03-55 Council Minutes01410
FV 0
REGULAR MEETING
of the
VILLAGE COUNCIL
May 3rd, 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 3rd day of May, 1955, at
7:30 o'clock P.M, The following members were present: B;,es, Foss, Huebsch,
Rahn and Stark, and the following members were absent: None. The Mayor
called the meeting to order at 7:43 o'clock P.M.
MOVED by Rahn seconded by Bies carried that the reading of the minutes of
April 19th, 1955, be dispensed with and that said minutes stand approved as
submitted to each member of the Council prior to this meeting with the
exception that the item titled "License - Cesspool Service Company" be
changed to indicate that Member Rahn voted "NO". (The minutes were not read).
The Mayor recommended that Norris L. Ogard be appointed acting Clerk for the
purpose of recording Council action of the instant meeting.
MOVED by Foss seconded by Rahn carried to approve the recommendation of the
Mayor.
Status of the Office of Mayor for the Village of Golden Valley: The Mayor
presented a prepared statement which read as follows:
"Tonight was the night I had planned to announce to this Council that we
might sell our homestead as of June 1, and should we all agree on an
experienced capable replacement, other trustees might take turns at acting
Mayor; or should I establish a new Golden Valley domicile, when mine is sold.
When anyone of us here tonight is made a. target for a Pearl Harbor type of
attack such as occurred at our last Golden Valley Council meeting, there is
a tremendous urge to retaliate with all the force at our command.
However, most citizens abhor this type of conduct and I am going to answer
only with truth and honesty; and will avoid using personal names and records
until the Council hears me out in an understanding fashion.
Therefore, only fair play must be observed which should be synonomous with
good American government acting only for the good of all the people and
preserving the rights of the individual concerned.
So that no one here be lead astray, three separate firms of outstanding
attorneys including our own bond attorneys have stated that I an still your
mayor unless this body refuses to believe my truth, sincerity, and honesty.
Wa had a faYrd ly emergency arise last fall and overnight had to lay plans for
three sets of adults to live in two different locations with the future
eventuality of one. Although I have here a list of 30 major improvements
during the past 12 years, we felt there are still unsolved problems that
must be finished here, so Mrs. Huebsch and I ha,�e decided at further personal
sacrifice to keep our legal homestead here with you.
I would never be one to raise the question, had the trustee whose term
expires this same year had these same circumstances confront him. Even
though he came into office with only a 9% plurality. To me the welfare
and rights of the citizens, plus the results of good government come miles
ahead of the argument of a technicality. In spite of this technicality,
many representatives of the people in various kinds of public office have
ever been elected to office, and maintain their positions year after year,
even our courts do not interfere with , and over -ride the electorate.
One evening not long ago a group of our public officials, including the
trustee whose term runs out this year, attended a public gathering after
a council meeting. My wife was with me. As we were leaving, one of this
trustee's very closest friends shouted out "Down with the Mayor, we want a
new Mayor." That is why I said, next to family emergencies, nothing would
give me more incentive, than to run for re-election and continue to serve
the good citizens of Golden Valley.
The question referred to, has been given very serious condition from all
angles for some weeks past. During that time several score of alert and
voting citizens who know our local picture have consulted with me without
exception, they have urged that the full term which expires this year be
served by the man they elected by a 99% majority.
Because nothing but confusion and loss of efficiency would be forthcoming
to Golden Valley and its citizens, arrangements were made to keep my home-
stead, my heart and citizenship privileges right here for at least the
remainder of the year. Were it not for the totally unexpected increase in
our family adult group of from two to five persons, nothing would have
given me more incentive than to file for re-election in the very crucial
elections just ahead.
In the interests of honest government and a return to normal tax levels..
I hope to continue to give my time to serve you as your Mayor.
Your complete vote of confidence at this time in my sincere, honest and
truthful approach to this question will be a reward for honest men filing
to serve the best interests of the people of Golden Valley in the future."
Member Foss stated that the purchaser of Mr. Huebsch's residence has filed
for homestead with the Village Assessor and consequently the question of
bona fide residence arises and in his opinion should be answered at this time.
Member Stark stated that it appeared that the question resolved itself down
to the simple fact for the Council to decide as to whether Mr. Huebseh lives
in and own property in Golden Valley. If such is the case, Mr. Huebseh
has every right to continue serving as Mayor of the Village of Golden Valley.
In answer,Mayor Huebsch stated that he still owns property in the Village of
Golden Valley and intends, in the event that personal circumstances dictate,
to move into another home if necessary.
Attorney Kane stated that legally the sole question for the Council to
decide is where does the Mayor live at the present time.
In reply, the Mayor quoted from his prepared statement, saying that family
emergencies required that +— maintain residences for three sets of adult
families and that it was his intention to maintain a residence in the
Village of Golden Valley.
Member Stark called the attention of the Council to a conversation occur-
ring some time in January of 1955 between the Mayor and himself in which the
Mayor indicated that he had plans of selling his home in Golden Valley
sometime in the f ut!re and moving to another residence, and that he, Member
Stark, would like t;g a more definite answer as to whether Mr. Huebsch now
lives in Golden Valley or not.
In reply, Mayor Huebsch stated that he is maintaining his homestead in
Golden Valley and resides here from day to day.
Member Stark directed a statement to Attorney Kane to the effect that he
was concerned about the legality of votes held on such subjects as bonds
and salaries if the question of the occupancy of the office of Mayor of the
Village of Golden Valley were not cleared up prior to continuing with the
agenda for the meeting of this evening.
Member Foss stated that the bond issue for the sanitary sewer laterals
had not been signed as yet by Mayor Huebsch.
Attorney Kane asked permission to call in a Mr. Whitney, a. member of the
firm of Dorsey, Colman, Barker, Scott and Barber, to advise the Council on
the question of proper signatures on the bonds and coupons.
Rember Rahn, directing his question to Mr. Whitney, asked whether, should
the seat of Mayor of the Village of Golden Valley become vacant, would
Mr. Huebsch become ineligible to have his signature on the coupons even
though he had signed the original bonds.
Mr. Whitney advised that the coupons have been prepared with a fac-simile
of Mr. Huebseh's signature on the face, and that it would cost approximately
150.00 andsome delay if it were necessary to reprint the coupons.
Mr. Whitney was asked if it were necessary to have the same fac-simile of
the signature of the mayor on the coupons as the person legally signing the
original bonds. Mr. Whitney replied that the Council has two courses of
action. First, if the Council finds that Mr. Huebsch was legally the Mayor
at the time that he signed the bonds then his signature is authentic.
Thus, the Council, as it has the sole right to judge the qualifications of
its Members, should so decide. He pointed out that no action by the Council
is an indication that the office of Mayor is legally filled.
Second, if the Council determines that the office of Mayor is not properly
filled, then it is a necessity on their part to designate someone else as
Acting Mayor whose signature should appear on the bonds and the coupons.
It'was pointed out that an Acting Mayor assumes the full duties and
privileges of a duly elected Mayor.
The question was raised as to the possibility of a law suit upon the
technicality of proper signatures.
Attorney Kane advised that anyone has the right to bring suit at any time
and that in such event it would be up to the court to decide the legality
of the signature.
Member Foss again brought up the subject of reprinting the coupons and
asked how much time it would take to have them reprinted and how much it
would cost.
Mr. Whitney replied that it would require approximately one week to have the
coupons reprinted and reiterated and that it would cost approximately
$ 150.00, and in addition, would require some effort to explain to the bond
trade the reasons for the change.
Attorney Kane read the Statutes covering the requirements to hold village
office and also stated that numerous opinions in similar cases of the Office
of Attorney General indicate that all that is required is that the Council
determine the question of fact as to bona fide residence in the Village.
Attorney Kane then directed a question to Mayor Huebsch as to where he now
lives.
Member stark also repeated his previous question of, "Do you live in
Golden Valley ?"
In reply, Mayor Huebsch stated that his homestead was here in Golden
Valley and that he maintained a legal residence in the Village of Golden
Valley.
Attorney Kane then advised the Council that he had been informed by the
bond trade that they would prefer to have Mayor Huebsch's signature on the
bonds and coupons to save time.
Member Foss suggested that the meeting be postponed for one hour and a half
until. 9:30 otclock P.M. in order to permit the Mayor to sign the bonds and
then resume the question under discussion.
Member Rahn suggested that the subject under question be tabled for the time
being and that a meeting be held Thursday night, May 5th, 1955, to decide
whether the office of Mayor was legally filled or not, thus giving the Mayor
time to sign the bonds.
He offered to put this suggestion in the form of a motion should the rest of
the Council desire.
It was again pointed out that a. reprint of the coupons would cost $150.00
plus some additional work to explain to the buyers of the bonds as to the
resaons for the change of signatures.
Member Bies indicated that he would like to have Member Rahn make the
motion he suggested.
Member Stark objected as it was his belief that the subject should be
settled immediately.
Mayor Huebsch pointed out that he had only r-ceived the bonds from Treasurer
Bryan today and had had no time to affix his signature.
Member Foss stated that he understood that the bonds had been in the
possession of the Village for at least a week and thought that the Mayor had
had sufficient time to have affixed his signature by now. He also stated
that the Village Clerk had affixed his signature last Satur ay a to o�
3e, / 9 r�'./ -rte 12--�[-f-�"-,�(.t.�,._.:.. vY/ .
Member Rahn MOVED that the question as to whether the office of the Mayor was
legally filled or not, be tabled and that a special meeting be held at
7:30 otclock P.M., at the Village Hall, on Thursday night, May 5th, 1955,
for the sole purpose of determining this subject, and that the Mayor call a
special meeting for Thursday, at 7:30 o'clock P.M. in the manner provided
by law.
Member Foss requested a. roll call vote on this motion with the following
vote: Member Bies; YES, Member Foss; YES, only because it is impossible to
obtain a vote on the status of the office of Mayor tonight; Mayor Huebsch;
YES; Member Rahn; YES; Member Stark; Yes.
At the Councilts request Attorney Kane read through the agenda and advised
that only Item No 12 on the agenda was of such a nature that the legality
of voting might be subject to future criticism. It was therefore decided
to strike Item No. 12 off the agenda.
Opening of Bids: Fire Truck: The following bids were opened and given to
the Village Attorney for checking and announcing:
Minnesota Motorized Fire Truck `Company: 1 unit composed of a GMC chassis
with a Hale pump at14�� �01.23 with a trade-in allowance for the old truck
of '$2,250.00, giving a Vii' arice of ;$121,151.23. Delivery of ninety to 120
days, no discount, with an alternate bid from the same company, the unit
to be composed of a Federal chassis with a Hale Pump at a price of
b15,811.87 with a trade-in allowance of $2,250.00 giving; a net total of
$13,561.87. Delivery 90 to 120 days, no discount.
Minnesota Fire Equipment Company: 3 alternates: GMC single axle chassis
with Waterous pumps at a price of $16,170.00, a trade-in allowance of
$3,000.00, giving a net of y$13,170.00. Delivery 90 days, no discount.
2nd Alternate; using an International single axle chassis with Waterous
pumps at a price of $16,025.56 with a trade-in allowance of 0,000.00
giving a net of .$13,025.56. Delivery 90 days, no discount. 3rd Alternate;
with the GMC tandem rear axle chassis with a Waterous pump at a price of
x$19,787.00. Trade-in allowance of $3,000.00 giving a net of 016,787.00.
Delivery 90 days, no discount.
MOVED by Rahn seconded by Fos carried to table the matter for study
and recommendation by the Fire Department,
Joint Sewer, Longyear Company and International Paper Company: Upon con-
sultation with the G. M. Orr Uompany, it was decided that the joint sewer
to serve the International Paper Company and the Longyear Company be run
along Douglas Drive between the railroad tracks and the service road for
T. H. 55.
MOVED by Foss seconded by Stark that a public hearing be held at the
meeting of June 7th, 1955, to permit decision on the improvement of
Douglas Drive from the Minnesota Western railroad tracks to the service
drive on T. H. 55.
Sanitary Sewer Laterals: Cesspool and Drainfields in the Street Right -
o? -Way: Mr. Harry Mayeron of the G. M. Orrn-�gineering Company reported
that the contractor had encountered one dra.infield while excavating for
the sanitary sewer laterals and that the citizen insisted on repair of
his private sewer system before permitting the contractor to proceed with
his work.
As an expedient, the contractor made temporary repairs in order to permit
his continuation with the work that Mr. Mayeron estimated cost approximately
$200.00. He wished a statement from the Council in regard to establishing
a policy should an item occur in the future.
Mr. Hamman, the village plumbing inspector, stated that the drainfield
encountered had been the object of court action in the past and was an
illegal installation.
The Council decided that in the future the contractor should make such
necessary repairs as were needed so as not to hold up the work but that
the contractor should also keep track of the cost of these items in order
that the Village might consider the proper handling of these costs at some
future date.
Mr. Mayeron also reported that the contractor, although not required to in
the contract, has purchased tarpoulins which he will place on the lawns in
the event that it becomes necessary to pile excavating materials on these
lawns, even though they are on the Village street right-of-way.
Special Assessments - Sanitary Sewer Trunk: Member Rahn reported to the
Council that after assessments were spread, a shortage of $40,000.00 had
occurred in the monies required to cover the contract. He also stated that
should no further contingencies arise the 20% contingency addition will
adequately take care of this item, but, should any future costly problems
arice, some further study might be necessary.
George Klouda, et al - Special Assessment Appeal: Mr. G. E. Klouda appeared
in behalf of himself and his neighbors protesting the method of assessment
used in adjusting the assessments which was adopted by the Council on March
8th, 1955. Mr. Kloudats property is described as Lot 46 and the westerly
57 feet of Lot 45, Auditor's Sub -division No. 330, plat 35860, parcel 5690.
Mr. Klouda. objected to being assessed on an acreage basis because his and
his neighbor's lots had normal frontage along Golden Valley Road but were
unduly deep,lots. He pointed out that it was impossible for these property
owners to divide their lots and no street existed along the back ends of
their lots.
Attorney Kane expressed the thought that the Council should reconsider
Auditor's Sub -division No. 330 with the view to reassessing for the trunk
sewer in that area.
It was decided that a special meeting was to be held Tuesday noon at the
Boulevard Cafe, on May 10th, 1955, to consider the possibility of reassessing
certain properties in Auditor's Sub -division No. 330.
Commercial Building Permit - Otten Construction Company:
MOVED by Stark seconded by Bies motion carried to grant a commercial permit
to the Otten Construction Company for a combined office anc' warehouse to be
constructed adjacent to the building now occupied by the Mierotone Company
fronting on the street now known as County Road No. 41, which runs parallel
to Wayzata Boulevard.
Residential Building Permit - Mr. H. N. Nafstad: Mr. H. N. Nafstad appeared
before the Council in behal of the subject party requesting permission to
move an already constructed house onto the north portion of Lot 15, Auditor's
Sub -division No. 361. Mr. Nafstad said that the customer does not desire
to purchase the house or portion of the lot without an expression from the
Council of their approval. The house plans were reviewed by the Building
Inspector and declared to meet with Golden Valley's building code and per-
mission was granted to Mr. Nafstad to proceed with his plans and the office
of the Building Inspector was instructed to issue the building permit
subject to the usual requirements for a Capp pre -fabricated home.
Request for Rezoning - Minneapolis - Northfield & Southern Railroad: It
having been determined that proper publication of notice for public hearing
regarding the rezoning of the property described in the notice of public
hearing and known as parcel 5400 and 5620 of plat number 35629 the first
reading of the ordinance was read by Attorney Kane after having been MOVED
by Bies seconded by Rahn the motion carried.
Petroleum Bids: The Village Engineer presented a tabulation and study of
the TSids made on the petroleum products required by the Village. This
tabulation pointed out the $act that the bids were presented with three
different basis and that i -t had become rather difficult to make a proper
recommendation under the circumstances.
It was MOVED by Rahn seconded by Bies and carried with Member Stark voting
"NO" and Member Foss voting "NO" that the bids be rejected and returned to
the bidders and that the request for bids be re -advertised and called for
on a firm price basis.
Revised Electrical Ordinance - Second Reading: A second reading was given
for the new electrical ordinance and it was MOVED by Rahn and seconded by
Bies and carried with no members abstaining that the ordinance be adopted
and ordered published. Sec Ordinance- "-ok Page :_,&,7q
Transfer of Funds - Golden Valley State Bank: It was decided after advice
by the Village ttorney to table this item until the meeting of May 17th, 1955.
Specifications - Village Dump Truck: Member Foss pointed out the need for
the village maintenance crew to have a dump truck added to the equipment
and suggested that specifications be written up immediately rather than
await the return of the Village Administrator as had previously been decided.
The Mayor directed that the office of the Village Administrator proceed
with drawing up specifications for such a. dump truck.
Request for Sanitary Sewer Laterals - ENACO, Inc.: Mr. Paul Enghauser, v
appeared in behalf of ENACO, Inc., requesting that a change order be
issued by the Village Council requesting that the sanitary sewer laterals
be extended to include four lots owned by the above company in Westurban
lst addition adjacent to the intersection of Noble Avenue North and Golden
Valley Road. (Lot 8 - Block 1 - Westurban Addition).
Mr. Enghauser had previously submitted a letter waiving the notice of
public hearing.
MOVED by Bies seconded by Foss carried that a change order be prepared
ordering in sewer lateral connections for the above property.
Inclusion of Mr. Hetland's Figures in the Minutes of March 15, 1955:
Mr. Melvin rletland appeared before e the council, at the request of of the
members, to discuss his figures for inclusion in the minutes of the meeting
of March 15th, 1955.
Mr. Hetland stated that he had no objections to his figures being included
in the minutes but, he requested that figures as quoted by Me. Enghauser
and Mr. McGrew also be included in these minutes.
The Council requested Mr. Hetland to write a letter to the Council includ-
ing those figures in order that they might audit them before having them
placed on file.
Replat of Delphian Heights 3rd - Clarence Scherer: As no one appeared in
behalf of this replat, the subject was tabled -until some future date.
Preliminary Approval - Anderson's 2nd Addition: The Anderson's appeared in
their own behalf requesting preliminary approval for a plat of a piece of
property lying west of Douglas Drive and between the Minneapolis -Northfield
& Southern Railroad tracks and St. Croix Avenue.
The Planning Commission had recommended approval of the plat and that body
and the Engineer recommended the vacation of approximately 300 feet of
St. Croix for which Duluth would be substituted thus correcting a traffic
hazard.
MOVED by Bies seconded by &ark and passed that preliminary approval be
granted for the Anderson's 2nd Addition plat subject to the reduction of
the required right-of-way for Duluth Street from 40 feet to 33 feet and
subject to the dropping of their request for the vacation of St. Croix
at the northeast corner.
Report - Service Roads paralleling T. H. 55: The Village Engineer reported
that the petition for building of the service roads along T. H. 55 in the
vicinity of the Village center did not have sufficient signers at present
but was progressing satisfactorily.
Report - Development of Industrially Zoned Property North of T. H. 12:
he illage Engineer act; -ng a—s-Ulerk for the special committee appointed
by the Village Council presented a written report covering the proposed
plans and recommendations for handling this development to the Village
council.
The Council tabled the matter until the meeting of May 17th, 1955 for study.
Applications - Sign Permit - National Advertising Cmpany:
MOVED by Foss seconded by Rahn carried unanimously that no permit be issued
as the location for this sign does not comply with village ordinances.
Application - Sign Permit - National Advertising Gompa.ny: Because no applica-
tion ha beenormally submitted this matter was table until the meeting
Tuesday, I'lay 10th, 1955, and the representative of the above company
directed to see that proper application is made.
Application - Sign =ermit - Shell Oil C3mpany: Representatives of the Shell
Oil Uompany were present to show the type of sign and the location that they
were to install. It was decided to table this matter until the meeting of
May 17th, 1955, to permit the Council to investigate it like signs already
installed in the vicinity.
Application - Sign Permit - Suburban Sign Uompany: This matter was tabled
due to lack of a representative to plead the case.
Scavenger Service Licenses - Sheppard►s Rotary Service - ibbbinsdale Cesspo
This ma ter -was rej errecT to the icense committee for study and report at
the meeting of May 17th, 1955.
Contract for Director of Special Assessments - Mr. Clare Alden: The Village
Attorney Kane presented the contract to the-C-ouncil which had been signed
by Mr. Alden indicating no further question in regard to the meaning of the
contract.
MOVED by Foss secr:nded by Rahn and unanimously approved that the contract
with Mr. Alden be adopted and directing that the proper village authorities
sign said contract.
Water Department - Appointment to Fill Vacancy:
MOVED by Rahn seconded by Foss that Mr. Ray Sheehan be appointed by the
Council to fill the existing vacancy in the Water Department and that a
letter be sent by the Village Administrator informing Mr. Sheehan of his
appointment. Motion unanimously carried.
Commercial Building Permit - Mr. Conry : Mr. Conry appeared before the
Council requesting that a building permit be issued for a combination of
office and warehouse building on the property already zoned industrial
just north of Floyd B. Olson lemorial Highway and west of and adjacent to
the Minneapolis -Northfield and southern Railroad.
MOVED by Stark seconded by Rahn and carried that this permit be issued.
Appeal for Correction of Special Assessments on the Trunk Sewer Line:
tuber Foss presented the case to the Council where apparently an improper
assessment had been made.
MOVFD by Foss seconded by Stark and unanimously carried that the assess-
ments for Lots 2, 3, 4, and 5, Block 5, of Thotland's Twin View herrace
be changed to a street frontage basis only.
1:
Park Board - Request for Additional Help: Mr. Ray Stockman appeared before
the Council to request that the Village -maintenance crew and the Village
equipment be used on Saturdays, over -time days, for the purpose of creating
and leveling some of the Village parks, inasmuch as the sewer program has
necessitated full time attention to the village streets by the Village
maintenance crew.
Permission was granted.
Mr. Stockman also requested that the Park Board be permitted to hire its
own part-time man to handle such items as repair of swings, mowing the grass,
and other minor maintenance problems. After some discussion in regard to
the Park Board's exceeding the budget, permission was denied.
Bills - Current: MOVED by Rahn seconded by Stark and unanimously carried to
ap prove the current bills.
1166 through 1204 Payroll
5,542.37 ,\
8127 Federal Reserve Bank
1,303.28
8128 State Treas. State of Minn.
363.50 �
8129 Minn. Hosp. Assn.
158.00,,
8130 Peter Lametti, Lametti & Sons
261134.67 �\
8131 Golden Valley State Bank - payroll
8132 N. W. Bell Telepnone Co.
116.07,j\
8133 Northern States Power Co.
154.61 ,
8134 W. A. Moes
38.63^
8135 Ed. Ryan Sheriff
28.00 ,
8136 Crown Rubber Stamp Co.
6.70
8137 Hoff Rubber Stamp Co.
6.90
8138 H. C. Strom Co.
320.00 •.
8139 Glenwood - Inglewood
14.25
8140 Standard Duplicating Machines Corp.
210.00
8141 Rural Henn. Co. Nursing
2,053.87
8142 Brulin & Co.
16.00,1-
6.00,1.8143
8143City of Minneapolis
30.00
8144 Lyle K. Larson
�5.72
306.50-\
8145 Minn. Fire Ext. Co.
8146 Thompson Lumber Co.
13.60
8147 Landers, Norbloom & Christenson
16.78
8148 Bury and Carlson
78-00
8149 J. A. Curtis
8150 Suburban Hennepin Co. Relief Bd.
15.60
352.72
8151 H. A. Rogers
28.98
'-.8152 W. J. Fortier
11215.00
8153 Jay W. Craig Co.
136.50
8154 Albinson, Inc.
31.07
8155 Minneapolis Blueprinting
44.53
8156 Midway Office Equip. Co.
35.00
Total
-Z-38)796.65
The Mayor recommended that Norris L. Ogard be appointed acting Clerk for the
purpose of recording Council action of the instant meeting.
MOVED by Foss seconded by Rahn carried to approve the recommendation of the
Mayor.
MOVED by Rahn onded by Stark that the meeting adjourn at 11:00 o'clock P.M.
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