07-23-57 Special Meeting-151 -
SPECIAL MEETING
of the
VILLAGE COUNCIL
July 23, 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 July 23, 1957, at 7:30 o'clock
P. M. The following members were present: Bies, Nadasdy, Rahn, Teresi;
and the following were absent: Stark.
The Mayor called the meeting to order at 7:45 o'clock P. M.
Re: Minutes:
AA& P4. /63 Jaz�c�• �.
The Council eferred action on the minutes of July 16, 1957, to the meeting
of August 6, 1957.
Public Hearing St. Croix and Douglas Drive Storm Drainage*
The Village Administrator 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 proposed improvement as described in said affidavit.
Said affidavit was examined, approved and ordered placed on file. The
Village Engineer advised the Council that the estimated cost of said improve-
ment was $45,753-00 or $1.52, per front foot, or $360.00 per acre, and
recommended the construction of said improvement.
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:
PROPONENT
Mr. John Pierce
1501 West Constance Drive
REASON
Mr. Pierce asked the Engineer if plans
for drainage called for a pipe or a
drainage ditch. He stated that he felt
most residents of the area would prefer
a ditch.
The Administrator presented a letter dated July 15, 1957, from Mr. & Mrs.
James H. McNamee, 1561 North Constance Drive, stating that they favored
the construction of the storm sewer at this time. Said letter was read,
approved and ordered placed on file.
The Village Attorney advised the Council that due to a printer's error in
the publication of that portion of the Gall for Public Hearing dealing with
the St. Croix and Douglas Drive storm drainage improvement, it would be
necessary to call another public hearing.
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Special Meeting of the Village Council, July 23, 1957
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Public Hearing - Thotland's Twin View Terrace, Curb and Gutter, Bituminous
Surfacing.-
The
urfacing:
The Village Administrator 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 proposed improvement as described in said affidavit.
Said affidavit was examined, approved and ordered placed on file. The
Village Engineer advised the Council that the estimated cost of said improve-
ment was;
Curb and Gutter -- $24,194.50
Estimated assessment per front foot - $3.25
Biuminous Surfacing -- $9,471.68
Estimated assessment per front foot - $1.06
The Engineer recommended the construction of said improvement.
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
and opportunity to express their views thereon, and all written objections
heretofore filed with the Clerk were presented and considered, as follows
Mrs. Florence Thotland
5104 Thotland Road
Mr. Hector S. Bruder, builder
2637 Xenwood, St. Louis Park
Mr. Wm. J. Meagher, representing
J. J. Oys
Mr. Jacobson
1230 Wills Place
Mr. James Erickson
940 Toledo Avenue North
Dr. Robert J. Boller
1010 Angelo Drive
Mr. Halvorson
940 Angelo Drive
Mr. Eugene Thotland
1220 North Lilac Drive
REASON
Favors bituminous surfacing; disapproves
of curb and gutter.
Favors bituminous surfacing; disapproves
of curb and gutter, and favors installation
of gas and utilities first.
Favors construction of bituminous surfacing
and curb and gutter.
Asked compromise between concrete curb
and gutter and "rolled edge" blacktop
curbs.
Inquired as to methods of construction
of curb and gutter.
Favors construction of curb and gutter
and bituminous surfacing.
Inquired as to methods of assessment.
Entire area should be blacktopped. Area
should also have curb and gutter with
exception of Wills Place, Toledo Avenue
and part of Angelo Drive.
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Mr. Peterson Represented residents of Wills Place
1101 Wills Place and Toledo. Residents in favor of
blacktop but disapprove of curb and
gutter.
Mr. Almquist
5051 Thotland Road
Mr. Resch
1020 Toledo Avenue North
Felt that curb and gutter should be
constructed where necessary but that
bituminous surfacing should be used
elsewhere.
Favors curb and gutter where essential;
bituminous surfacing elsewhere.
Dr. Robert J. Boller presented a petition to the Council signed by 41 pro-
perty owners in Thotland's Twin View Terrace. Said petition contained the
signatures of four property owners who favored installation of curb and
gutter and bituminous surfacing, and 37 signatures of those who favored the
installation of biturrinous surfacing only. Dr. Boller stated there was a
total of 62 lots in the storm drainage area.
The Mayor then declared the public hearing closed.
MOVED by Rahn seconded by Teresi carried to proceed with plans to lay bit-
uminous surfacing in the entire improvement area and to proceed with the
construction of curb and gutter except at the following locations:
1. Toledo Avenue from the south line of lot 7 block 4, to Alfred Road.
2. Entire length of Wills place.
3. Angelo Drive drom the south lines of lot 2, block 5, to the south
line of Thotland's Twin View Terrace.
Member Rahn then introduced the following resolution and MOVED its adoptions
"RESOLUTION ORDERING CONSTRUCTION OF AND DIRECTING PREPARATION OF FINAL PLANS
AND SPECIFICATIONS FOR A CERTAIN PROPOSED PUBLIC IMPROVEMENT" (Fund. 21 (h) -
Angelo Drive and Thotland Road, Thotland's Twin View Terrace, Curb and Gutter
and Bituminous Surfacing)
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, Rahn, 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.=.
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Special Meeting of the Village Council, duly 23, 1957
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Public Hearing - Bituminous Surfacing, Toledo Avenues
The Administrator presented an affidavit of publication of notice in the
official Village newspaper of public hearing to be held at this time and
place regarding a proposed public improvement as described in said affidavit.
The Village Engineer advised the Council that the estimated cost of said
improvement was $6,339.00, to be assessed at the rate of $1.21 per front
foot, and recommended the construction of said improvement.
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. -
PROPONENT REASON
Mr. Steve Hlady Petition he circulated in favor of this
2000 Toledo Avenue North improvement included Scott Avenue while
legal description of improvement area
does not. He favors the surfacing of
Scott Avenue along with rest of area.
Mr. Martin Paquette Favors improvement. Inquired as to
2011 Toledo Avenue North feasibility of Village day labor doing
work.
Member Teresi then introduced the following resolution and MOVED its adoptions
"RESOLUTION ORDERING CONSTRUCTION OF AND DIRECTING PREPARATION OF FINAL PLANS
AND SPECIFICATIONS FOR A CERTAIN PROPOSED PUBLIC IMPROVEMENT" (Fund 21 (i) -
Toledo Avenue Bituminous Surfacing from St. Croix to Minnaqua)
The motion for the adoption of the foregoing resolution was seconded 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: None;
whereupon said resolution was declared duly passed and adopted, signed by the
Mayor, and his signature attested by the Clerk. See Resolutions Book pageJJJ.
Call for Public Hearing -Bituminous Surfacing, Scott Avenues
Member Teresi then introduced the following resolution and MOVED its adoption:
"RESOLUTION PROVIDING FOR PUBLIC HEARING ON A CERTAIN PROPOSED PUBLIC IMPROVEMENT"
(Fund 21 (j) Scott Avenue Paving)
The motion for the adoption of the foregoing resolution was seconded by Member
Bies and upon vote being taken thereon, the following voted in favor thereof-.
Bies, Nadasdy, Rahn, 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. Said public hearing to be held
on August 20, 1957• See Resolutions Book page 1
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Rea Vacation of Ardmore Drive - Federal Container Corporation:
Mr. Eugene Minenko, representative of Felds Market, appeared and presented
the Village Attorney with photostatic copies of Section 412.861 and 117.19,
Minnesota Statutes, said statutes relating, in sense, that failure to file
(the notice of) the vacation shall not invalidate or make void any vacation
proceeding. Mr. Minenko stated that his position was that the vacation was
an "accomplished fact". The Village Attorney stated that generally the
Council can alter, amend or rescind its actions, but that if private rights
were involved he was not sure that such was the case.
The Council requested the Village Attorney to submit a report at the meeting
of August 6, 1957, defining how the Village may or may not be involved in
the dispute.
Mr. Joe Goldman, representative of the Federal Container Corporation, stated
that he was willing to withdraw from his stand that the vacation was not
valid until filed and "go along with" a "hardship building permit", and
further that it was his understanding that the vacation had not been filed
because he and the Feld's were supposed to agree to a right of access at
the time of fling, and that neither he or the Felds would ever block the
vacated "street".
Re: Firemen's Salaries:
Mr. Eugene A. Thotland, Fire Chief, stated that he had nothing to add to the
letter of June 25, 1957, said letter requesting an increase in pay to firemen.
MOVED by Teresi seconded by Bies carried to grant all firemen and the Board
of Fire Officers an hourly wage increase as proposed in said letter, said
increase to be retroactive to January 1, 1957; and that the salaries proposed
for the Board of Fire Officers be retroactive to July 1, 1957. Upon roll
call vote being taken thereon, each member of the Council was recorded as
voting as follows:
Bies YES
Nadasdy YES
Rahn ABSTAIN
Teresi YES
whereupon the Mayor declared the motion carried.
Member Rahn stated that he had abstained on the grounds that the proposed
raises had not received a sufficient amount of study and that he preferred
to consult the salary status of firemen in surrounding communities before
casting his vote on the matter.
RE: M & W Billboard, NE intersection Golden Valley Road and T.H. #100:
Mayor Nadasdy stated that he had received a letter dated July 11, 1957, from
the M & W Realty Company signed by L. G. Malanfant, and that he had responded
Special Meeting of the Village Council, July 23, 1957 -156-
to the letter as agreed by letter dated July 19, 1957. Mayor Nadasdy
further stated that in response to his letter of July 19, 1957, Mr. Woody
had telephoned the Mayor and had asked to be heard at this meeting.
The Administrator stated that he was aware of the letter of Mr. Malanfant
dated July 11, 1957, written after the M & W Realty Company had received
a telephone notice of a criminal complaint dated July 8, 1957, but that
he had only briefly glanced at the letter prior to the Council meeting
of July 16, 1957.
The Administrator advised the Council that this was a matter of law enforce-
ment, and he and most Village officials and employees were engaged in some
phase of law enforcement, that alleged violators oftern became temporarily
unduly excited, that the M & W Company had received the same courteous
treatment accorded all alleged violators, but that if Malanfant and Woody
felt aggrieved by their treatment, he extended them his sincere apologies.
Mayor Nadasdy stated that any apology would have to be in writing.
On question by Mr. Kenneth W. Rahn, the Attorney stated that inasmuch as
this matter was pending in Justice Court, it would be unseemly for the
Council to question the parties concerned regarding any of the merits of
the case.
The Administrator stated that he could not separate law enforcement and
the merits of the case from his understanding of Mr. Malanfant's letter of
July 11, 1957, that any such separation would be artificial and extremely
tenuous, and requested that the Council and Malanfant and Woody grant him
an indefinite time extension, during which time the case might be settled,
in which to answer the letter, if an answer might be required, and that in
any case, he understood the letter to be couched in generalities. The
Administrator further stated that he hoped to present the Council with a
complete survey of all alleged billboard ordinance voilations at the meet-
ing of August 6, 1957. Mayor Nadasdy stated that he wanted no part in
enforcing Village ordinances, that enforcement is the job of Village
employees, that is what they are hired for, and that he was interested
only in how the case was handled.
Mayor Nadasdy then stated that Mr. Woody and Mr. Malanfant were present,
and that they should be heard.
Mr. Woody then stated that the sign was on the property of the M & W
Realty Company and displayed a sheaf of papers with the statement that
said sheaf was a completed application for a billboard permit. Both
Woody and Malanfant then addressed the Council touching certain, but not
all, aspects of the case, dealing mostly with the complaint that they were
not being accorded the same treatment as other owners of billboards on
T.H. #100.
Approval of Amount to be assessed - Northwest Trunk Sewer:
The Village Administrator presented a computation of costs necessitated by
the construction of the Northwest Trunk Sewer, the amount to be assessed,
and the suggested rate of assessment per front foot. After discussion,
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MOVED by Bies seconded by Teresi carried that the assessment policy as
presented be amended to provide for a contingency fund of not less than
five per cent of the total estimated cost of the Northwest Trunk Sewer.
Re: Letter from Minnesota United Nations Association:
The Mayor presented a letter from the Minnesota United Nations Association,
said letter requesting that a chairman be appointed to supervise the act-
ivities in this community during "United Nations Week". The Council in-
structed that the Village Administrator make a recommendation for the
appointment at the meeting of the Council on August 6, 1957.
Re: Minutes:
Action on the minutes of May 28, 1957, was deferred to the meeting of
August 6, 1957.
MOVED by Teresi seconded by Rahn carried that the minutes of June 18, 1957,
be amended as follows: "The report of C. W. Bryan, dated June 18, 1957,
was presented to the Council on that date and was ordered placed on file.
Report of Administrator Re: Employment of Finance Officer:
The Administrator reported that the committee had agreed to the hiring of
Mr. John Murphy as Finance Officer and that Mr. Murphy has accepted the
position and will join the Village staff on or before August 15, 1957.
Mr. Murphy is to begin at a salary of $425.00 per month. The Council agreed
that Mr. Murphy would be eligible for a raise in pay after a probationary
period of three months.
Report of Trustee Rahn Re: Liason Committee with St. ,Louis Park:
Member Rahn reported that he had spoken with officials of the City of
St. Louis Park and that they were receptive to the formation of a committee
to study problems common to the two communities. Member Rahn suggested
that a member of the Council and a member of the Planning Commission be
appointed to serve on the committee. Mayor Nadasdy appointed Member Rahn
to represent the Golden Valley Council, and Mr. George Pennock to represent
the Planning Commission.
Resolutions Ordering Advertisement for Bids - Certain Public Improvements:
Member Bies introduced the following resolution and MOVED its adoptions
"RESOLUTION APPROVING PLANS AND SPECIFICIATIONS AND ORDERING ADVERTISEMENT
FOR BIDS"` (Fund 21 (h) - Thotland's Twin View Terrace Addition Curb and
Gutter and Bituminous Surfacing)
(Fund 21 (i) - Toledo Avenue Bituminous Surfacing from St. Croix
to Minnaqua)
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, Rahn, and Teresi;
and the following voted against the same: None;
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Special Meeting of the Village Council, July 23, 1957
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whereupon the Mayor declared said resolution duly passed and adopted, signed
by the Mayor and his signature attested by the Clerk. See Resolutions Book
page.
Re: Watermain Extension - Parkview Terrace.-
The
errace:The Council instructed the Attorney to prepare a formal motion for present-
ation at the meeting of August 6, 1957, regarding legal suit against the
City of Minneapolis.
Re: Cost of Model:
Member Rahn presented an invoice from Haarstick and Lundgren for said model
in the amount of five hundred dollars and recommended that the Council
approve the bill for payment. MOVED by Teresi seconded by Rahn carried to
approve the bill for payment.
MOVED by Rahn seconded by Teresi carried that the meeting adjourn.
Attest:
lage Clerk