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05-14-57 Special Meetingf SPECIAL MEETING Of the VILLAGE COUNCIL May 14, 1957. Pursuant to due call and notice thereof a Special Meeting of the Village Council of the Village of Golden Valley,Hennepin County, Minnesota, was held in the Village Hall in said Village on May 14 1957, at 7: 30 o'clock P.m. The following members were present: Bies, Nadasdy, Rahn, Teresi, and Stark; and the following were absent: None. The Mayor called the meeting to order at 7:40 o'clock P.M. Re: Minutes: MOVED by Rahn seconded by Stark carried to correct the minutes of April 2, 1957, page 58, paragraph 2 by striking therefrom the following words: "The motion for the adoption of the foregoing resolution was duly secondea. by Member Rahn and upon vote being taken thereon, the following voted in favor thereof: Bies, Nadasdy, Rahn, and Teresi; and the following voted against the same: Stark, whereupon said resolution was declared duly passed and adopted, signed by the Mayor and his signature attested by the Clerk. See Resolutions Book Page." and substituting in lieu thereof the following: "(To be supplied by Village Attorney)" MOVED by Rahn seconded by Bies carried to correct the minutes of April 105 1957, Page 63, Paragraph 6 by striking therefrom the following words: "MOVED by Teresi seconded by Rahn carried to appoint Mr. Burr Markham as Water Commissioner in and for the Village of Golden Valley. Mayor Nadasdy voted "No". and substituting in lieu thereof the following: "MOVED by Teresi seconded by Rahn carried to appoint Mr. Burr Markham as Water Commissioner in and for the Village of Golden Valley. Mayor Nadasdy suggested a representative of industry be appointed as Water Commissioner". MOVED by Stark seconded by Teresi to correct the minutes of April 16,1957, page 73, paragraph 4 by striking therefrom the following words: "...but the attorney stated he thought a probable settlement would be between seven to eight hundred dollars." MOVED by Rahn seconded by Bies carried to approve the minutes of April 18, 1957 as submitted to this Council prior to this meeting. (The minutes were not read.) ME MOVED by Teresi seconded by Stark carried to correct the minutes of May 7, 1957, page 80, paragraph 3, by correcting the spelling of "Mr. Harry Dies", to read "Mr. Harry Dye". I MOVED by Teresi seconded by Stark carried to correct the minutes of May 7, 1957, page 82, paragraph 6 by changing the words "Trunk Highway #5511 to read "Trunk Highway #12.11 MOVE) by Teresi seconded by Stark carried to instruct the Village Administrator that the minutes of the previous council meeting by distributed to Council for study not later than Friday preceeding the next regular meeting. Bids - Police Patrol Car: The Acting Chief -of -police discussed the bids which were received May 7, 1957, and recommended the bid be accepted by the Council as follows: King Dodge Company, $1,152.00. This recommendation was made on the basis of past economy of operation. The Village Attorney stated that past experience can be considered in acceptance of bids. MOVED by Teresi seconded by Rahn carried unanimously that the bid of King Dodge Company be accepted as recommended by the Acting Chief -of -Police, in the amount of $1,152.00, and to return the checks of the unsuccessful bidders. Public Hearing - Fund #21: The Village Engineer 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 1957 Improvements 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 and all persons present who desired to do so were afforded an opportunity to express their views thereon, and all written objections heretofore filed with the Clerk were presented and considered as follows: Storm Sewer & Drainage - E 1/2 Yale Garden Homes & Lowry Terrace Drainage Area: (Estimated cost $29,283.60) OBJECTOR OBJECTION None None Mr. Bert Putnam, 3215 Noble Avenue, inquired if this was a complete storm sewer for the area, and was assured the proposed plans were for a complete storm sewer. The Mayor thereupon declared the public hearing closed. The Council discussed the possibility of ad valorem tax for storm sewer improvements, and assessment policy for storm sewer improvements. M MOVED by Stark seconded by Bies to approve the preliminary plans and specifications and order preparation of final plans and specifications for said storm sewer improvement. Upon vote being taken, each member of the Council voted as set forth below: Bies Yes Nadasdy NO Rahn NO Stark YES TERESI NO The Mayor qualified his 11NO" vote by stating that the Council was under pressure due to previous assessments, and that the people should be given another chance to be heard at a public hearing. MOVED by Rahn seconded by Stark carried to rescind the above action. MOVED by Teresi sedonded by Rahn carried to defer action and continue the public hearing to May 28, 1957, in order to circulate information to signers of the petition in the above referenced areas. Member Teresi stated that he would see that signers of said petition were informated of council action on continued public hearing on May 28,1957• Storm Sewer & Drainage - St. nra;na.Pe Area: is Church - Delphian Heights The Village Engineer stated the total estimated cost was $13,934.40• OBJECTOR OBJECTION Mr. Lugouski, representative of Inquired why the storm sewer line St. Margaret Maryts Church was being placed where plans indicated. Requested further checking of grade on Zenith Ave. After a lengthy discussion the Council requested that the Village Engineer submit further estimates on the above described work. The Mayor thereupon declared the public hearing closed. MOVED by Rahn seconded by Teresi carried to defer action and continue the public hearing on May 28, 1957• STORM SEWER and DRAINAGE - Minnea - Donvlas Drive Drainage Area: The Village Engineer stated the total estimated cost was $45,753.00 OBJECTOR OBJECTION Mr. & Mrs. James McNamee Want Minneapolis Honeywell to pay for 1561 W. Constance Drive entire storm. sewer construction since their building construction aggravated the problem. 1 1 OBJECTOR Mr. Duane W. Foss 5920 St. Croix Avenue Mr. Fred Jones 5909 Westbrook Road -90 - OBJECTION Requested an enlarged ditch with 1/2 the Inquired how large an area the storm sewer would. drain, and the extent of benefited property for assessment purposes . The Mayor thereupon declared the public hearing closed. MOVED by Stark seconded by Teresi carried to defer action and continue the public hearing to May 28, 1957. Improvement of Existing Street - Western Avenue East from County Road #18. The Village Engineer stated the total estimated cost was $10,533.00 OBJECTOR OBJECTION Mr. William Ford No need or benefit for 50% of area 10 Mendelssohn Ave. No. The Mayor thereupon declated the public hearing closed. MOVED by Rahn seconded by Teresi carried to defer action and continue the public hearing to May 28, 1957, including Storm Sewer & Drainage for General Mills, Western Avenue Drainage Area. 12rovement of Existing Street - Indiana Avenue North: The Village Engineer stated the total estimated cost was $2,878.99 OBJECTOR OBJECTION None None The Mayor thereupon declared the public hearing closed. Member Rahn then introduced the following resolution and MOVED its adoption: "RESOLUTION ORDERING CONSTRUCTION OF AND DIRECTING PREPARATION OF FINAL PLANS AND SPECIFICATIONS FOR A CERTAIN PROPOSED PUBLIC IMPROVMENT (Indiana Avenue North Bituminous Paving, Fund #21-F)tt The motion for the adoption of the foregoing resolution was duly seconded by Member Stark and upon vote being taken thereon, the following members voted in favor thereof: Bies, Nadasdy, Rahn, Stark and Teresi; and the following voted against the same: None, whereupon said resolution was declared duly passed and adopted, signed by the Mayor and his signature attested by the Clerk. See resolutions Book Page -91 - Public Hearing - Re: Sanitary Sewer Lateral Improvement (4c), Hampshire Oaksq Winnetka & 23rd Avenue A. J. Anderson's lst Addition. The Village Engineer presented an affidavit of publication in the official Village newpaper of a notice of public hearing to be held at this time and place regarding the construction of certain proposed Lateral Sanitary Sewer Improvements..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 and all persons present who desired to do so were afforded an opportunity to express their views thereon, and all written objections heretofore filed with the Clerk were presented and considered as follows: OBJECTOR OBJECTION None None Whereupon the Mayor declared the public hearing closed. Member Bies then introduced the following resolution and MOVED its adoption: "RESOLUTION ORDERING CONSTRUCTION OF AND DIRECTING PREPRATION OF FINAL PLANS AND SPECIFICATIONS FOR CERTAIN LATERAL SANITARY SEWER IMPROVMENT (4c)" (Hampshire Oaks, Winnetka & 23rd.) The motion for the adoption of the foregoing resolution was duly seconded by Member Teresi, and upon vote being taken thereon, the following members voted in favor thereof: Bies, Nadasdy, Rahm, Stark,and Teresi; and the following voted against the same: None, whereupon said resolution was declared duly passed and adopted, signed by the Mayor nd his signature attested by the Clerk. See Resolution Book Page 10 Re: XuriMac Development: The Village Engineer presented a request for public hearing and preliminary plans and specifications for certain sanitary sewer lateral improvement (4a,b Muri-Mac). Mr. McNulty appeared for the purpose of answering questions regarding the above referenced sewer lateral. Member Rahn introduced the following resolution herein quoted by title and MOVED its adoption: "RESOLUTION PROVIDING FOR PUBLIC HEARING ON A CERTAIN PROPOSED SANITARY LATERAL SEWER IMPROVEMENT (4a,bMuri Mac)" The motion for the adoption of the foregoing resolution was duly seconded by Member Teresi and upon vote being taken thereon, the following voted in favor thereof: Bies, Nadasdy, Rah, Stark and Teresi; and the following voted against the same: None, whereupon said resolution was declared duly passed and adopted, signed by the Mayor and his signature attested by the Clerk. See Resolutions Book Page -92 - MOVED by Teresi seconded by Rahn carried to approve the above ordinm ce herein quoted by title on its second reading, and to order publication thereof. See Ordinance Book Page . Re: Mrs. Clarence Maller, 6610 Glenwood: Mrs. Clarence Maller, 6610 Glenwood, appeared to protest their Sanitary Trunk Sewer assessment in the South Trunk Sewer Area, on the grounds that the property could not be divided or platted. Council referred the matter to the Village Engineer. Petition - Parkview.Terrace, for Municipal Water Service: Mr. Charles Reynolds presented a petition for municipal water and requested the installation before sanitary sewer work was completed. Said petition was examined, approved, and ordered placed on file. Member Stark introduced and read the following resolution and MOVED its adoption: "RESOLUTION PROVIDING FOR PUBLIC HEARING ON A CERTAIN WATER MAIN IMPROVEMENT" (Parkview Terrace) The motion for the adoption of the foregoing resolution was duly seconded by Member Teresi and upon vote being taken thereon, the following voted in favor thereof: Bies, Nadasdy, Rah, Stark and Teresi; and the following voted against the same: None, whereupon said resolution was declared duly passed and adopted, signed by the Mayor and his signature attested by the Clerk. See Resolutions Book Page LL11—. MOVED BY Stark seconded by Teresi carried to instruct the proper officiaD that a notice of public hearing on municipal water service be inserted in the Village newspaper, said public hearing to be held on June 18, 1957. Muri_Mac Development - Preliminary Plat Approval: The Village Engineer presented the preliminary plat and reported that said plat received preliminary approval of street pattern by the Planning Commission on May 9, 1957• MOVED by Rahn seconded by Stark carried to grant preliminary approval of said plat as recommended by the Planning Commission. Local 49: The report of Adjustment Panel for Village of Golden Valley and International Union of Operating Engineers, Local 49, dated May 9, 1957, was presented by the Village Engineer, said report was ordered placed on file. MOVED by Rah, seconded by Stark carried to defer action to the meeting of May 28, 1957, for study and review by the Council. -93 - Said public hearing to be held in the Village Hall at 7: P.M. o'clock on Tuesday, June 4. 1957. Request for Public Hearing re: Vacation of Ardmore Drive North of Trunk Highway #555 Federal Container Corporation: The Village Engineer reported that the Planning Commission recommended and approved the vacation of Ardmore Drive North of Highway #55. (See Planning Commission minuted of May 9, 1957) MOVED by Bies seconded by Rahn carried to instruct the proper official that a notice of public hearing on the vacation of t he above referenced street be inserted in the Village newspaper, said public hearing to be held on June 45 1957• Re: Meadowbrook High School - Protest Regarding South Trunk Sewer Assessment: Mrs. John Enghauser, Mr. Robert Gomsrud, and Mr. Bruce McNeal appeared representing Meadowbrook High School, protesting the assessment of their property on both sides of said lateral sanitary sewer. After discussion the Council referred the matter to the Engineer. A request was made for the restoration of the playgrounds of the Meadowbrook Grade School due to sewer installation. Dog Control: Mrs. John A. DeMuth appeared and presented a new fee schedule for patrolling service, said schedule was ordered placed on file. Council requested information on licenses issued, cost of patrolling for the years 1955, 1956 and 1957• MOVED by Teresi seconded by Stark carried to defer the matter pending the above requested report to the meeting of May 28, 1957• Re: Ordinance Regulating Excavations in Streets & Alleys: Mr. Paul Enghauser appeared before the Council and stated he and other builders in Golden Valley were not able to secure gas service from the Minneapolis Gas Company, dur to the fees and permits required by the above referenced ordinance. MOVED by Teresi seconded by Stark carried to give a first reading to an ordinance entitled: "AND ORDINANCE AMENDING ORDINANCE #4 (1957) BY EY:4PTING PUBLIC UTILITIES FROM FEE AND PERMIT PROVISIONS" MOVED by Teresi seconded by Rahn carried to approve the above ordinance herein quoted by title on its first reading. MOVED by Teresi seconded by Rahn carried to give a second reading to the above ordinance on the grounds that a public emergency exists. -& L94 317 1 -94- Re: Charles Merchant: The Council agreed to grant the request of Mr. Merchant to continue installation of sanitary sewer lateral per specifications West on Wayzata Boulevard to Colorado Avenue. MOVED by Stark seconded by Bies carried to adjourn the meeting. L--XMa-yor ATTEST: (��� Village Clerk IA, I- I - ,