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08-05-52 City Council MinutesAugust 5, 1952 Pursuant to due call and notice thereof', a regular meeting of the Village Council of the Village of Golden Valley, Hennepin County, Minnesota, was duly held at the Village Hall in said Village on the 5th day of August, 1952, at 7:30 P.M - The following members were present; Pinch, Stark, and Stasel and the following were absent: Putnam and Reiss. It was moved by Pinch, seconded by Stark, carried that the minutes of the last meeting be approved as read. Fire truck Bids: The clerk opened bids from the follow- ing companies: Mack Motor Truck Corporation, Minnesota FWD Company,Inc., Fire Fighter Truck Company, Forstner Brothers, and the Minnesota Fire Equipment Company. After reading the bids, it was moved by Stasel, seconded by Stark and carried that the bids be referred to the Admin- istrative Assistant and the Fire Chief for study and evaluation. Said study and evaluation to be presented to the next regular council meeting. Spring Valley Rca d Surface Drainage: After discussion it was moved by Stark, seconded by Pinch and carried that the Village proceed with blacktopping the above area and with condemnation proceedings if necessary to acquire the necessary easement„ and assess the cost of any condemnation proceedings and the purchase of any necessary easement against the benefited property owners. Graceful Addition: Motion by Pinch seconded by Stark, carried that the Plat of Graceful Addition be accepted subject to the posting of a performance bony in the amount of $1,000.00 or money in that amount guaranteeing the completion of all roads in the addition according to specifications of the Village Engineer. Sanitary Sewer: Motiofi by Pinch seconded by Stark carried that the Village Attorney be instructed to draw up a contract with the G.M. Orr Engin4Q � .Company based upon that company's proposed $12,000. QQ jj��ge-wide t sewer survey, for formal consideration at the August 19 meeting of the council, said contract to provide that additional information as per proposal A-1 of that company may be secured by the Village when requested for a maximum sum of $6000.00. Stabilizing Mix for the 1952 Street Improvement Program: It was decided to lay over this matter until the council meeting of August 19, 1952• Letters from the Jay W. Craig Contracting, Company, the Minder Engineering Company, and 141 the Village Attorney all dealing with the above matter were read and placed on file. The Village Clerk presented an affidavit of publication of the notice of sale of the $121,000.00 negotiable coupon general obligation Street Improvement Bonds of the Village for which bids were to be received at this meeting in accordance with a resolution adopted by the Village Council on July 181 1952. Said affidavits were examined, approved and ordered places on file. The Village Clerk announced that two sealed bids had been received, which were thereupon: opened and read, and the highest and best bid of each bidder was found to be as follows Name of Bidder Interest Rate Premium E.J. Prescott and Co. 2.'(5 00 Piper, Jaffray & Hopwood 2.90 X67.00 After consideration of the foregoing bids, Member Stark introduced the following resolution and moved its adoption: RESOLUTION AvdARDING SALE OF STREET IMPROVEMENT BONDS OF 1952 by the Village Council of the Village BE IT RESOLVED of Golden Valley, Hennepin County, Minnesota, that the bid of E.S. Prescott & Company, of Minneapolis, Minn. to purchase $120,000 Street Improvement Bonds of 1952 of the Village to be dated September 12 1952, at a price of $120,000 and bearing interest at the rate of 2.75 per cent per annum, principal and interest to be payable at the main office of the First National Bank of Minneapolis, Minn, in Minneapolis, Minnesota, and to be issued in accordance with the notice of bond sale heretofore duly published, is hereby found and declared to be the highest and best bid received pursuant to advertised notice of sale of said bonds, and is hereby accepted. The Village Clerk is directed to retain the good faith check of said successful bidder and to return all other good faith checks forthwith. Mayor Attest: Clerk The motion for the adoption of the Foregoing resolution was duly seconded by Member Pinch, and upon vote being taken thereon, the following voted in favor thereof: Pinch, Stark, Stasel and the following voted against the same: none. whereupon said resulut3on was declared duly passed and adopted, and signed by the Mayor, which was attested by the Clerk. Member Pinch thereupon introduced the following res- olution and moved its adoption: RESOLUTION CORRECTING REFERENCES TO 1952 STREET IMPROVEMENT NO. 16 WHEREAS, on April 15, 1952, this Council by resolution determined the sufficiency of petitions for certain street improvements in the Village, and on the same date provided by resolution that a public hearing be held thereon on May 6, 1952, and WHEREAS, on May 6, 1952, this Council by resolution ordered that said improvements be made and entitled them "'-952 Street Improvement No. 15", and WHEREAS, on May 20, 1952 this Council by resolution ordered that an advertisement for bids for the work involved in said improvement be published referring to the same as 1952 Street Improvement No. 152 and said advertisement was so published, and WHEREAS, on June 3, 1952, this Council by resolution awarded the contract for making said improvement, referring to the same as 1952 Street Improvement No. 15,and WHEREAS., The Village of Golden Valley has heretofore instituted and completed proceedings for the making of 1951 Street Improvement No. 15, and WHEREAS, the conflict in numbering of improvements appearing from the foregoingis deemed confusing by this Council, NOW THEREFORE, BE IT RESOLVED that all resolutions and notices described in the preamble hereto be amended to refer to "1952 Street Improvement No. 16" and that the improvement described in said resolutions and notices hereceforth be rei'erred to by said designation. Attest: Clerk Mayor The motion for the adoption of the foregoing res- olution was duly seconded by Member Stark and up:n vote being taken thereon, the following voted in favor thereof: Pinch, Stark, Stasel and the follow- ing voted against the same: none, whereupon said resolution was declared duly passed and adopted, and signed by the Mayor, which was attested by the Clerk. Member Pinch then introduced the following resolution and moved its adoption: RESOLUTION CREATING FUND OF 1952 STREET IMPROVEMENT NO. 16 PROVIDING FOR AND APPROPRIATING SPECIAL ASSESSMENTS FOR THE SUPPORT AND MAINTENANCE THEREOF, AND DIRECTING ISSUANCE OF IMPROVEMENT BONDS. BE IT RESOLVED,by the Village Council of the Village of Golden Valley, Minnesota, as follows: 1. This Council has investigated the facts necessary to ascertain and does hereby find, determine and declare that the Village of Golden Valley and Jay W. Craig Co., of Minneapolis, Minnesota, have made and executed a contract, and a bond as required by law has been furnished for the construction of 1952 Street Improvement No. 16 of the Village; that the total cost of 1952 Street Improvement No. 16 will be approximately equal to and not less than $120,000, included all items of cost from theinception to the completion of the improvement and all fees and expenses incurred in connection therewith, that the total benefits resulting from said improvement to the assessable lots, pieces and parcels of land affected thereby and to the Village at large will be substantially in excess of the total cost of said improvement; and that it is necessary that the sum of $120,000 be borrowed by the issuance of general obligation improvement bonds of the Village in accordance with the provisions of Chapter 412, Minnesota Statutes 19491 as hereinafter provided, in order to finance the cost of constructing said improvement. 2. There is hereby created a special fund to be designated as '1952 Street Improvement No. 16 Fund" to be held and administered by the Village Treasurer separate and apart iiom all other funds of the Village. Said fund shall be continued and maintained in the manner herein specified until all of the improvement bonds herein authorized and interest thereon shall have been fully paid, In said fund there shall be maintained two separate accounts, to be designated as the "Construction Account" and the "Sinking Fund Account", respectively. The proceeds of sale of the improvement bonds herein authorized, less accrued interst received thereon, shall be credited to the Contruction Account, from which there shall be paid costs and expenses of making said improvement, as incurred and allowed, and the moneys in said account shall be used for no other purpose; provided, that if upon completion of said improvement there shall remain any unexpended balance in said contruction Account, such balance shall be transferred to the Sinking Fund Account. There shall be credited to the Sinking Fund Account all collections of the special assessments herein levied or agreed to be levied and all accrued interest received upon delivery of said bonds. The moneys in said account shall be held and used only for the payment of the principal of and interest on said bonds as such payments become due. The full faith and credit of the Village shall be and are hereby pledged to pay said bonds and '_nterest, and the principal and interest theireof shall be paid out of any funds in the treasury, if the moneys on hand in said sinking fund are at any time insuffieient to meet the payment of maturing principal and interest. 3. It is hereby determined that the sum of One Hundred Twenty Thousand and No/100 ($129,000.00) Dollars of the cost of said improvement shall be paid by special assessments upon all assessable lots, nieces and parcels of land, in accordance with the description thereof contined in the resolution ordering the making of said improvement, adopted by the Council on May 6, 1952 based upon the special benefits received by each such lot, piece or parcel, which amount will not exceed the tdal benefits to be conferred by said improvement upon all of said properties. T «- Village hereby co venant s and agrees that it will do.and perform, as soon as may be, all acts and things necessary for the final and valid levy of special assessments against said properties in an amount not less than said sum. In the event that any such assessment be at any time held invalid with respect to any lot, piece or parcel of land, due to any error, defect or irregularity in any action or proceeding taken or to be taken by the Village or this Council or any of the Villagets officers or employees, either in the making of such assessment or in the performance of any condition precedent thereto, the Village and this Council hereby covenant and agree that they will forthwith do all such further acts and take all such further proceedings as may be required by law to make such assessment a valid and binding lien upon such property. Said assessments shall be payable in 10 equal consecutive, annual installments, the first of said installments to be payable with general taxes for the year 19529 collectible vA th sxch taxes during the year 1953. Deferred installments shall bear interest at the rate of five per cent (5f) per annum from the date of the resolution levying said assessment until August 15 of the year in which the installment is payable. VILLAGE OF GOLDEN VALLEY STREET IMPROVEMENT BOND OF 1952 $1000 4• In anticipation of the collection of said special assessments, and for the purpose of borrowing money to pay the cost of making said improvement the Village shall forthwith issue and deliver to the purchaser thereof its negotiable coupon general obligation Stre':t Improvement Bonds of 1952, to be payable primarily from said 1952 Street Improvement No. 16 Fund. Said bonds will be dated September 1, 1952s shall be 120 in number and numbered from 1 to 120, inclusive, each in the denominaton of $1000, shall bear interest at the,,ate of two and three quarters per cent (2.(5%) per annum, payable on March 1, 1953 and semi-annually thereafter on September 1 and Marchl of each year and shall mature serially, lowest numbers first, on March 12 in the aaount of $12,000 in each of the years 1954 through 1963, all without option of prior payment. The principal and interest on said bonds shall be payble at the First National Bank of Minneapolis, in Minneapolis, Minnesota and the Village hereby agrees to pay the reasonable and customary charges of such paying agent for the receipt and disbursement thereof. in 5• Said improvement bonds shall be/substantially the following form: UNITED STATES OF AMERICA STATE OF MINNESOTA COUNTY OF HENNEPIN VILLAGE OF GOLDEN VALLEY STREET IMPROVEMENT BOND OF 1952 $1000 KNOW ALL MEN BY THESE PRESENTS that the Village of Golden Valley, Hennepin County, Minnesota, acknowledges itself to be indebted and for value received promises to pay to bearer the sum of ONE THOUSAND DOLLARS On the 1st day of March, 19 , without option of prior payment, and to pay interest thereon from the date hereof until said principal sum be paid, at the rate of two and seventy-five per cent (2.750 per annum payable on March 1, 1953 and semiannually thereafter on the 1st day of September and the 1st day of March of each year, interest to maturity being represented by and payable in accordance with and upon presentation and surrender of the interest coupons hereto attached. Both principal and interest are payable at the main office of the First Natbnal Bank, in Minneapolis, Minn- esota in any coin or currency of the United States of America which on the respective dates of payment is legal tender for public and private debts. For the prompt and full payment of such principal and interest as the same respectively become due the full faith, credit and taxing powers of the Village are hereby irrevocably pledged. This bond is one of an issue in the aggregate principal amount of $120,000* all of like date and tenor except as to maturity and interest rate) all issued by said Village for -the purpose of consraying tructing expenses incurred and to be incurred in cru an improvement in said Village hereto fore designated as 1952 Street Improvement No. 16, and is issued pursuant to and in full conformity with the Constitution andincluding of the State of Minne sta thereunto enabliThis This isg Chapter 4122 Minnesota Statutes 1949. payable primarily from the 1952 Street Improvement No. 16 Fund of the Village, but the Council is required, to pay the principal and interest thereof out of any funds in the treasury in the event that the moneys on hand inen�iodff'un�u��ngaprincipaltime andsinterestt to meet the p aym IT IS HFREBY CERTIFIED, RECITED, COVENANTED AND AGREED that all acts, conditions and things required by the Contitution and laws of the State of Minnesota to be to exist, to happen, and to be performed preliminary to and in the issuance of this bond in order to make it a valid and binding general obligation of said Village according to its terms have been done, do exist, have happened and have been performed as so required; that the Village has duly contracted for the making of said improvement and will cause the same to be completed with the funds made available by this issue; that the said 1952 Street Improvement No. 16 Fund has been duly created and provisions made for the support there of by special assessments hereto fore agnwd to be levied for the years and in aggregate amounts at leash efve interest per cent in excess of sums sufficient to pay hereon and the principal hereof as they respectively become due, and general ad valorem taxes, if needed, are required to be levied upon all taxable property in the Village without limitation as to rate or amount and that the issuance of this bond did not cause the indebtedness of said Village to exceed any constitutional or statutory limitation. IN WITNESS WHEREOF, the Village of Golden Valley, Hennepin County, Minnesota, by its Village Council, has caused this bond to be executedsinedits behalf e aVillage by the signature of the Mayor, y Clerk, and sealed with its official seal, and the interest coupons hereto attached to be execuedad authenticated said by the facsimile signature ofsignatures officers, and has caused this bond to be dated as of September 1, 1952• Attest: V-illage er Mayor (SEAL) (Forn of Coupon No. flm On the 1st day of March (September), 19 the Village of Golden Valley, Hennepin County, Minnesota, will pay to bearer at The First National Bank , in Minneapolis, Minnesota the sum of DOLLARS for interest then due on its Street Improvement Bond of 1952, dated September 1, 1952s No. (Facsimile signature) Mayor (Facsimile signature) Village Clerk 6. SaL d bonds shall be prepared under the direction of theVillage Clerk and shall be executed on behalf of the Village by the signature of the Mayor, attested bythe Village Clerk, and the caporate seal shall be affixed thereto, and the interest coupons shall be executed and authenticated bythe printed, engraved, or lithographed facsimile signaturesof said Mayor and Village Clerk, When said bonds have been so executed and authenticated, they shall be delivered by the Treasurer to thepurchaser thereof, upon payment by saU purchaser of the price heretofore agreed upon, and said purchaser shall not be obliged to see to the application of said purchase price. 7. The Village Clerk is hereby authorized and directed to file a certified copy of this resolution with the County Auditor of Hennepin County, together with such other information as he shall require, and to obtain from said County Ad.itor a certificate that said bonds have been entered on his bond register. Mayor 8. The officers of the Village and the County Auditor of Hennepin County are hereby authorized and directed to prepare and furnish to the purchaser of said bonds and to the attorneys approving the legality of the issuance thereof certified copies of all proceedings and records relating to said bonds and to the financial affairs of the Village, and such other affidavits, certificates and information as may be required to show the facts relating tot he legality and marketability of said bonds as the same appear from the books and records under their custody and control or as otherwise known to them, and all such certified copies, certificates and affidavits, including any heretofore furnished, shall be deemed representations of the Village as to the correctness of all statements contained therein. Mayor 148 August 5, 1952 Attest:- rlage C .er The motion for the adoption of the foregoing resolution seconded by Member Stark and upon vote being taken was duly thereon, the following voted in favor thereof: Pinch, Stark, Stasel and the following voted against the sassed none, whereupan said resolution bonsMayor,rwhiched lwas qnd adopted, and was sign y the attested by the Clerk. STATE OF MINNESOTA) ss COUNTY OF HENNEPIN) I, the undersigned, being the duly qualified and acting Village Clerk o the village Ghavenco pared then attached Minnesota, hereby certify office and that and foregoing with the original on file in my script of the original the sane is a true and comp 1et11arenCouncilof said Village duly minutes of a meeting of the Vi gtedt so as called and held on the date therein e ein indica eetcImprovementrBondsuch minutes relate to the issuance of 1952 of said Village WITNESS my hand and seal of said Village this 12th dayof August., 1952 • V.L.L.L- e C3er i (SEAL) Discussion of drainage condition at intersection of Culver and piajor Avenues. Some property owners pumping waterwater from with thea resultsthatothevir streetnis being damaged. premises with No action taken. Golden Valley Methodist Parsonage: Moved by Pinch 11 e y S ar ,carr e na a u ng permit be granted second agree in writing on the provision that the property owner to plat an area whi �� dedicatebe ntheered to be an street to theeVillagen of Flordia Avenue, Letter of July 9 � y signed b J.G. Boyer secretary of the � Park Board, requesting the unused funds budgeted to the use of the Park Board in 1951 be made available to the Board for use in 1952• Denied. Motion by Stark seconded by Pinch carried that the Park Board's request for the sum of $1000.00 be granted for use in improving the Harold Avenue Park provided the Park Board is able to secure the consent of all interested parties,said_ sum to come from the general fund. Moved by Stark seconded by Pinch carried that the Village accept the Russel Smith de.:d pertainin- to Golden Oaks 2nd Addition. The Village Attorney was instructed to record said deed. Audit: Moved by Stasel seconded by Pinch, carried that Lone gren, Brackett & Freeman accountants and auditors, Minneapolis, Minnesota be instructed to conduct an audit of all Village Accounts, said audit to be incorporated in the audit of December 31, 195JLat no cost to the Village. Moved by Stark seconded_ by Pinch carried that Mr. Royce W. Owens be appointed custodian of the Petty Cash fund. Moved by Pinch seconded by Stark carried that all funds remaining in Street Improvement Fund No.2 in the amount of $1702.56 be transferred to the General Fund, the bond issue having been fully paid off. Moved by Pinch, seconded by Stark carried that Mr. Louis Terzieh and Mrs. Mary Raymond respectively be granted two weeks termination pay. Moved by Stark, seconded by Pinch that the application of the Golden Valley Inn, Inc. for a license to sell intoxicating liquor at retail on the premises be granted said corporation having fully complied with the councilfs request for information and having made other committments in a sworn statement dated August 4. 1952, which was ordered placed on file. Moved by Pinch seconded by Stark carried that the following licenses be granted: To Par Goli Driving Tee, to sell soft drinks To White House, two coin operated games of skill. The Clerk presented Dreliminary plans for a street improvement within the Village, prepared by the engineer for the Village, and said engineers estimate of the cost of said improvement, which were examined by the Council, approved , and ordered filed. Member Pinch introduced and rehd the following written resolution and moved its adoption: RESOLUTION PROVIDING FOR PUBLIC HEARING ON PROPOSED STREET IMPROVEMENT BE IT RESOLVED, by the Village Council of the Village of Golden Valley, Minnesota as follows: 150 1. In conformity with the provisions of Chapter 11'), Session Laws of Minnesota, 1949, this Council proposes to construct a street improvement within the Village , as stated in the form of notice included in paragraph 3 hereof. 2. This Council shall meet at the time and place spec- ified in the form of notice included in paragraph 3 hereof for the purpose of holding a public hearing on theproposed street improvement as therein described. 3. The Clerk is authorized and directed to cause notice of the time, place, and purpose of said meeting to he published for two seccessive weeks in the North Hennepin Post, being the official newspaper of the Village, the first of such publications to be at least 14 days, and the second at least 7 days, before the date of such meeting and -public hearing. Such notice shall be in substantially the following form: NOTICE OF PUBLIC HEARING ON PROPOSED STREET IMPROVEMENT NOTICE IS HEREBY GIVEN that the Village Council of the Village of Golden Valley, Hennepin County, Minnesota, will meet on the 2nd day of September, 1952, at 7:30 o'clock P.M., at the Village Hall in said Village at which time aid place a public hearing will be held on a proposed improvment to consist of installing concrete curb and gutter, in accordance with the preliminary plans and estimate now on file in the office of the Village , Clerk. Description of Street: Kyle Avenue North from Culver Road to Elmdale Road (west side only). Also from the corner of Kyle Avenue up the north side of Culver Road halfway to Lee Avenue and property owner on corner of Kyle and Culver Road. All property within the Village which is benefited by the i_�provement is proposed to be assessed for such improvement as follows: All property abutting; onthe above described streets and portions of streets. All owners of such property are hereby notified to be present at said public hearing and make known their objections to such proposed improvement, if any therebe. Dated: August 5, 1952. Attest: Village Z'Iax- BY ORDER OF THE VILLAGE COUNCIL V age ler Mayor 1 1 1 The mationfbr the adoption of the foregoing resolution was duly seconded by Member Stark and up: -.,n vote taken thereon the following voted in favor therof: Pinch Stark and Stasel. and the following voted against the same: none. whereupon said resolution wad declared duly passed and adopted, signed by the Mayor and his signature attested by the G1ark. Noble Avenue Drainage, The Village Engineer presented phns for theabove drainage project, and estimated its cost at $9,273.00. Matter laid over until the regular meeting of August 19, 1952. Motion by Stark seconded by Pinch carried to approve the following bills in the total amount of 4,669.66. 4995 Mrs. Arno Denzin 31.80 4996 Everett Frandsen 177.78 4997 Charles V. Lindrud 188,88 , 4998 Al McGinnis 193.06, 4999 Alois J. Stein 140.35 � 5000 B.A. Shuttleworth a5,()0 5001 Arno Denzin 149.90, 5002 Alden M. Lidster 126.60 , 5003- Donald Mullaney 133.23A 5004- Lawrence Robillard 52.02, 5005 Marvin Schullar 125.58A 5006 Joseph Silitz •33 -\ 144-33-\ 5007 Walter Stover 24-48, 24 5008 Lawrence arsen 71.75 , 5009- Frank O..Nygren 30,75. 5010 Arthur C. Sloth 475.00 n 5011 Mary Raymond 128.10 .A, 5012- Royce W. Owens 180.40- 5013 Louis Terzich 404-06-- 5014 Federal Reserve Bank 386.00 5015 Val Bjornson, Treas. 128.66-- 5016 Marie Ehr 43.46 5019 Waldron Rexall Drugs 73.15 5020 N.W. Bell Telephone Co.- 49.65 5022 Suburban Henn. Co. Relief Board 173-78- 5023 Lester L. Elstad 136.50 5024 Harry Han man 175.31 5025 W.S. Nott Co. 16.08., 5026 Rihm Motor Company 34.63- 5027 H.V. Johnston Culvert Co. 78.31, 5028 Minn. F.WD. Company 30-45, 5030 Hanover Tool Co. 9,05.. 5031 Standard Oil Co. 210.95' 5032 Thompson Lumber Co. 74-68, 5033 Minn Fire Equip. Co. 1.50, 5034 Woodfill Shell Se -vice 2.80 5035 Lyle K. Larsen 156-42- 5036 `J.A. Curtis 11-75- 175-5037 5037 No. States Power Co. 7025 5038 Post Publishing Co. 3..60, W 152 Motion by Pinch, seconded by Stark, carrie that the meeting be adjourned to the August 19 mei YLAlf Iv August 15# Pursuant to due call and mice thereof, a special meeting of the Village Council of the Village of Golden Valley, Hennepin County, Minnesota, was duly held at the Village Hall in said Village on the 15th day of August, 1952, at 7:30 P.M. The following members were present: Pinch, Putnam, and Stark. Absent were Stasel and Reiss. This was a special meeting called to discuss the roads in Golden Oaks 2nd Addition. Present by invitation were Mr. Russel Smith, Mr. Winn Hinderman of the Asphalt Institute and the following representatives of J.W. Craig construction Company; Malan, Curtis and Samison. The Administrative Assistant introduced Mr. Hinderman and stated that he and Mr Hinderman had made a complete and detailed study of the street improvement project in Golden Oaks 2nd Addition, and had, in addition studied many of the Village Roads which have broken up in the last two years. Mr. Hinderman in effect stated that his studies caused him to conclude that most of the street failures were due to the following causes, or a combination of them: One: An insufficient base. Two: Poor dra-nage. Three: Effluent from private drainfield and/or cesspools. When asked for his opinion concerning theadvisability of using material from the Village Gravel Pit in Golden Oaks 2nd Addition, Mr. Hinderman stated that he would not recommend its use other than as fill or sub -base, that material from said Pit hasno crushed rock in it nor is it of the proper consitency for use as a stabilized base over which to lay bituminous surfacing material, that is, said material varied as to amount s of clay and in the size of the gravel. That material from the pit would in many cases make an excellent traffic bound gravel street, but would probably go to pieces if such a gravel road were surfaced with bituminous material. After further discussion it was moved by Stark, seconded by Putnam, carried, that the Craig -Construction Company be instructed to proceed according to the contractual specifications in constructing roads in Golden Oaks 2nd Addition, that no more material from the Village Gravel Pit be used in said addition unless called frby the Village Engineer, and that where material from the Village Gravel Pit has been used to the benefit of the street under construction recovery should be made from the developer 1 1 1 1 1 of the addition or from the Craig Construction Company, the Minder Engineering Comp any to recommend amounts to be recovered in each case. Craig Construction Company stated that 34th Avenue cannot profitably be sealcoated due to the poor drainage in that area down to Papocse Lake, which prohibits the surfacing Cross Lane, that before Woodstock Avenue will stand up under traffic drainage problems now existant Faust be corrected; that effluent from drainfields and cesspools are damaging Kyle Avenue, that problems such asthe above show up only after the road is put in and do not show up in dry years. The Administrative Assistant was instructed to obtain from the Village Attorney a ruling on whether or not the ;)camping of clear water upon a village right of way can be stopped under existing ordinances and to obtain from said attorney an opinion regarding the application of the Minneapolis Gas Company for a building permit for a regulator station in the location shown on plats in possession of the Admin- istrative Assistant. Moved by Stark seconded by Pinch that the m eting adjourn. Clerk 153