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08-02-55 Council Minutes52 REGULAR MEETING of the VILLAGE COUNCIL August 2, 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 2nd day of August, 1955, at 7:30 o'clock P.M. The following members were present; Bies, Foss, Nadasdy, Rahn; and the following member was absent: Stark. The Mayor called the meeting to order at 7:45 o'clock P.M. Member Stark arrived at 7:50 o'clock P.M. MOVED by Foss seconded by Bies carried that the reading of the minutes of the meetings of July 15, 19, and 25th 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). Fire Department: Fire Chief B. A. Shuttleworth and Assistant Chief Al. Hanover advised the Council that the Sanitary Sewer Contractors had destroyed two miles of underground telephone cable during the construc- tion of Sanitary Sewers in Sewer District No. #1. The Council referred the matter to Mr. Kane and Mr. Owens for study and report. Painting of the Fire Station at 1001 N. Lilac Drive was discussed. It was decided to table the matter until the submission of the 1956 budget. Vacation - Indiana Avenue North: The Village Clerk presented 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 certain street as descrived 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 hear - int above referred to. All persons present who desired to do so were afforded opportunity to express their views thereon as follows: Objector Objection None None Proponents Pte, Manley Davenport Mr. Davenport stated that thesailroad Industrial Agent 8ompany wished to have this street vacated Minneapolis., Northfield because it was a traffic hazard and served and Southern Railway no useful purpose. Mr. John Borchert, President of the Planning Commission, was present and spoke on behalf of the Planning Commission. Mr. Borchert stated that the Commission recommended the street be vacated subject to an easement for water, sewer, and other public utilities. Member Stark thereupon introduced the following resolution quoted by title and MOVED its adoption: "RESOLUTION VACATING STREET". See Resolutions Book Page �. The motion for the adoption of the foregoing resolution was duly seconded by Member Rahn and upon vote being taken there -on, the following voted in favor thereof: Bies, Foss, Nadasdy, 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. Public Hearing - Clinic at 4901 Olson Highway: The Village Clerk presented an affidavit of publication of notice in the official Village newspaper of public hearing to be held at this time and place regarding the re -zoning of a parcel of land described in said affidavit from Open Development to "Office and Professional Building District." Said affidavit was examined, approved and ordered placed on file. The Mayor announced that this w as the time and the place for the public hearing above referred to. All persons present who desired to do so were afforded an opportunity to express their views thereon. Name of Objector 01xjection Fred Albert Mr. Albert stated that he was the president 516 Clover Lane of the Cloverleaf Terrace Association and that the members of s aid Association had voted unanimously against any re -zoning in the area. Mr. John Schwartz Mr. Schwartz objected to the r e -zoning of 517 Clover Lane the area and stated that if offices could come into the a rea, it would not be long before stores and industry would move in. Mr. John Me Cahl Mr. Mc Cahl stated that the clinic would 516 Lilac Drive No. not be the end of the commercialization of the area. Mrs. E. R. Schwartz Mrs. Schwartz questioned the Council as to 5201 Olson Highway whether or not the approval of residents of the area was necessary before the Council could re -zone it. Member Stark stated that he had met with members of the Planning 6ommission on the site and that he recommended that the east end of the property be re -zoned. Mr. Borchert, President of the Planning Oommission stated that the Commission recommended the Council re -zone an area large enough for the proposed clinic to Commercial, and that the Council refrain from creating additional zoning categories until the Commission has time for further study. MOVED by Rahn seconded by moss carried to refer the matter to the Planning Commission for study and recommendations, and that if the matter is to be pre- sented to the 8ouncil again that the Village Clerk be instructed to re-adver- tize in the official Village newspaper. Re: Special Assessments - Olympia Street Storm Sewer, Fund 17: Mr. G. Grant 1321 Winnetka Avenue North, appeared in his own behalf. Attorney Kane stated that he and Mrs. Paquette had studied the matter and recommended that the cost of the improvementrreassessed against all benefitted property. Mr. Grant was advised ty the Council that should it appear that he or any of his neighbors be entitled to a refund on any part of monies already paid, the Council will, upon application, order equitable settlement made. MOVED by Foss seconded by Bies carried to re -assess the cost of the improve- ment know as "Olympia Street Storm Sewer" over all benefitted properties. Acceptance of Streets - Westchester Addition: Engineer Ogard stated that he had checked the streets in Westchester Addition and had found.them satisfac- tory. MOVED by Foss seconded by Stark carried to accept the streets in Westchester Addition. Yale Garden Homes: Mr. Fox, 4730 33rd Avenue North and others inquired as to how assessment for streets and sewers in Yale Garden Homes would be levied, i.e. whether such assessments would be on a lot basis or a front foot basis. The Council referred the matter to Mr. Kane, Village Attorney. Mr. Kane, on question stated that it was his understanding that the Council wished all sewer assessments to be levied on a front foot basis according to formulas theretofore applied in other portions of Sewer District No, 1. The Council agreed with the above statement by the attorney. hlr. Kane further stated that he wishedmore time in which to study the problem of 4ssessing the costs of any street improvement program. Mr. Fox presented a petition for Sanitary Sewers. The Mayor referred said petition to the Administrator who stated that after cursory examination, the petition appeared to be sufficient, that is, over fifty-one percent. Member Foss introduced the following resolution and MOVED for its adoption "RESOLUTION" The motion for the adoption of the foregoing resolution was duly seconded by Member Rahn and upon vote being taken, thereon the following voted in favor therof: Bies, Foss, Nadasdy, 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 235 • Service Road T. H. 55: Village hngineer Ogard stated that the Minnesota State Highway Department had refused to construct a service road along T.H. 55. The Council instructed the Engineer to contact the Highway Dept. and arrange a meeting between the Village Council and the Highway Dept. Boyer Garbage Service: Mayor Nadasdy read a letter from the Boyer Garbage ervice stating that their dump had been closed and they wished the Council to aid them in locating a new dumping site. The Council discussed the matter at length. No action was taken. The Council was advised that the W disposal of garbage and refuse may become a major problem in the future. Morman Church: MOVED by Rahn seconded by Bies carried to instruct the BuildingDepartmentto issue a building permit for a Morman Church to be located at approximately 3200 Golden Valley Road per plans inspected by this Council and on file, subject to a minimum setback of at least 50 feet from the front lot line, presentation of a registered survey, and payment of proper building fees. Woodfill's Shell Service - alterations: Mr. Perry Woodfill appeared to present plans for the re -location of the gasoline pumps at his station located at 5500 Golden Valley Road. MOVED by Foss seconded by Bies carried to approve the re -location as per plans on file in the office of the Village Clerk. Painting of the Village Hall: MOVED by Rahn seconded by Bies carried to advertise for bids on tuckpointing and painting the Village Hall per speci- fications submitted by the Administrator. Village 13arage: The Council instructed the Administrator to study the different types and prices of buildings suitable for housing road equip- ment, and to give his report and recommendation to the Council meeting of August 16, 1955. Sanitary Sewer Easements; George Hanson Property: Mr. Hanson requested that the Village not put the sewer on his property. He stated that he was willing to give a sewer easement if the sewer would follow his present driveway. The Council decided to hold a meeting on August 3, 1955 at 9:30 A.M. at the Geo. Hanson Property. Plumbing Ordinance: MOVED by Rahn seconded by Bies carried to submit the proposed new plumbing ordinance to the G. M. Orr Engineering Company for study, recommendation, and report at the August 16, 1955 meeting. Member Stark abstained from voting on the above motion. General Motors: MOVED by Stark seconded by Rahn carried to approve the plans of General Motors for the erection of guard posts on their property and right of way dedicated by them to the Village. Mileage for Engineer Ogard: Engineer Ogard stated that since the early part of May his panel truck has been in steady use by his department for sewer work, and that he used his own automobile every day for Village business and therefore, requestedmileage allowance. MOVED by Foss seconded by Bies carried to grant $35.00 a month to Mr. Ogard as compensation for the use of his private automobile. Member Rahn voted "No" on the above motion. School Signal - Meadowbrook School: MOVED by Stark seconded by toss carried to approve the specifications as presented and to order advertisement for bids in the official Village newspaper and the Construction Bulletin, Special Meeting: - Ret Sewer Lateral Assessments: The Council agreed to hold a special meeting at 7:30 P.M. Monday, August 1 , 1955, at the Village Hall to discuss Sanitary Sewer Lateral assessment formulas with Mr. Alden. Re: Police Department: Attorney Kane stated that on August 1, 1955, Mr. Mc Ginnis, lihief of Police had been served with notice og suspension without pay from the Police force pending investigation and disposition of certain formal charges which had also been served on Mr. Me Ginnis, and that a hearing would be held on August 20,.1955 at 9:00 A.M. in the Village Hall. The attorney further advised the Council that Mr. Hans Reiss, Civil Service Commissioner, had signed the formal charges mentioned above. The Administrator then stated that the Civil Service Commission by letter dated August 2, 1955, signed by Mr. Harold Swenson, Commissioner, certified Mr. Everett Frandsen to the Council as Acting Chief of Police during any and all periods during which Mr. Mc Ginnis is suspended from his duties as a result of the above memtioned charges. MOVED by Foss seconded by Stark carried to accept the certification of the Civil Service Commission, and to appoint Mr. Everett Frandsen as Acting Chief of Police until such time as a new Chief of Police is appointed or Mr. Me Ginnis is returned to duty. Conrad Bill: MOVED by Foss seconded by Bies carried to instruct the Admin- istrator to investigate the claim for damages to trees submitted by Mr. Conrad. Said trees having been destroyes as a result of the construction of the Lateral Sanitary Sewer. Deputy Treasurer: MOVED by Foss seconded by Bies carried to appoint Mrs. Marie Aaker eputy Treasurer for the purpose of signing checks payable to the Clerk of District Court or George Hanson for damages awarded by the court as the result of Sanitary Sewer easement condemnation proceedings. Bills: MOVED by Foss seconded by Bies carried to approve the following bills in the total amount of $ 128,378.56• 1426 - 1474 Payroll 15 8377 Federal Reserve Bank 1,616.10 8378 Minnesota. Hoppital Assn. 177.30,,-, 8379 Barbarossa and Nodland 89,784.97`^ 8380 Peter Lametti and Sons 20,000.00,1\ 8381 Arthur Hansen, Treasurer of State of Minnesota 457.53 A 8382 N. W. Bell T@lephone Co. 76.30 8383 Northern States Power Co. 134.58 8384 Ed. ran, Sheriff 10.00 �. 8385 St. Paul stamp Works 15.10 8386 Miller - Davis 6.60 8387 Standard Oil Company 204.00 , 8388 Mine Safety Appliance Co. 350.00 �. 8389 North Star Military Store 114.72 8390 Bury and Carlson 36.00 ^ 8391 Lowe and Campbell 41.52 8392 Crowley Fence Company 33.00 8393 Harry Hamman 148.31 8394 Martin Paquette 237.96 M. 8395 Dan Lynch 235.20-N 8396 Golden Valley Pure Oil 21.25 8397 Hennepin County Relief Board 316.45 Bills continued 8398 H. V. Johnston Culvert Co. 8399 Thompson Lumber Co. 8400 Armco Drainage and Metal Co. 8401 Minneapolis Blueprinting Co. 8402 Martin Paquette 8403 H. A. Roger Co. 8404 Fred Chapman 8405 W. M. Wadsworth 8406 George Jones 8407 Harold Lundeen Total MOVED by Foss seconded by Stark carried that $ 330.83 31.16 121.05 65.86 29.96 24.75 77.32 , 150.00 77.32 77.32 $128,,378-56 the meeting adjourn. Mayor Attes Clerk 1 m