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11-03-53 Council MinutesREGULAR MEETING of the VILLAGE COUNCIL November 3, 1953 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 at the Village Hall in said Village on the third day of November, 1953, at 7:30 P.M. The following members were present: Mayor Stasel, and Members Rahn, Reiss, and Stark; and the following was absent: Member Foss. MOVED by Reiss seconded by Rahn carried that the reading of the minutes of October 20, 1953, be dispensed with and that said minutes stand approved as submitted to each member of the Coun- cil prior to this meeting unless some member of the audience wishes them read. (The minutes were not read.) Drainage Improvement, St. Margaret Mary School: The School was represented by Messrs Cummings, Starbird, Dr. McLaughlin, and others. The Village Attorney advised that if said school were to fill the swamp lying west of Zenith Avenue and north of the school building, and did not take proper steps to safeguard prop- erty which might be flooded as a result of said filling, the school might be liable for any damages accruing as a result of filling the swamp. Mr. Starbird stated that if the school pro- ceeded with filling the swamp and did not make provision for safeguarding property, the "...school would have to take that responsibility." The Attorney further advised that inasmuch as the total cost of the improvement exceeded $5,000.001 the im- provement could not be constructed by the Village with day labor. The Clerk then presented preliminary plans for a storm drainage improvement project prepared by the engineer for the Village and said Engineerts estimate of the cost of said improvement as fol- lows: q47,000.00 - which plans and estimates were examined by the Council, approved and ordered filed. MOVED by Reiss seconded by Rahn carried to adopt a resolution entitled, "RESOLUTION PROVIDING FOR PUBLIC HEARING ON PROPOSED STORM DRAINAGE IMPROVEMENT,'' said public hearing to be held on November 17, 1953• See Resolutions Book Page �_. Sale of Bonds, 1953 Street Improvement No. 17: The Village Clerk presented an affidavit of publication of notice of sale of the X66,000.00 negotiable coupon general obligation Street Improve- ment Bonds oft he Village, for which bids were to be received at this meeting in accordance with a resolution adopted by the Village Council on October 6, 1953• Said affidavit was ex- amined , approved and ordered placed on file. The Village Clerk announced that three sealed bids had been re- ceived, which were thereupon opened and read, and the highest and best bid of each bidder was found to be as follows: C Name of Bidder Interest Rate Premium E..J. Prescott Company 2.8894472%, plus an 80.00 additional coupon on all bonds at an annual rate of if from 5/1/54 to 5/1/55 Piper, Jaffray & Hopwood 2.80% 68.00 Allison- Williams Company 2.8628%, plus an None additional coupon on all bonds of 1/2 of if from 5/1/54 to 5/1/55. MOVED by Rahn seconded by Stark carried to adopt a resolution entitled, "RESOLUTION AWARDING SALE OF STREET IMPROVEMENT BONDS OF 1953." See Resolutions Book Page_. (Aforesaid resolution declares the low bid of Piper, Jaffray and Hopwood accepted.) Resolution Regarding Fund 17: MOVED by Reiss seconded by Rahn carried to adopt a resolution entitled, "RESOLUTION CREATING FUND OF 1953 STREET IMPROVEMENT NO. 17, PROVIDING FOR AND AP- PROPRIATING SPECIAL ASSESSMENTS, GENERAL TAXES AND CASH ON HAND FOR THE SUPPORT AND MAINTENANCE THEREOF, AND DIRECTING ISSUANCE OF IMPROVEMENT BONDS." See Resolutions Book Page Appointment of Election Judges and Clerks: MOVED by Reiss seconded by Stark carried to appoint the following persons election judges and/or clerks for the Village Election to be held on December 8th, 1953: District No. 1 -- Village Hall Mrs. William Halluskax- 7340 Harold Avenue Mrs. Benjamin Farr 7324 Plymouth Avenue Mrs. C. E. Carlson 1010 Orkla Drive Mrs. Don Scrimger 1337 Kelly Drive Mrs. Lillian Turgeon 8838 Champlain Street District No. 2 -- Meadowbrook School Mrs. Mayfred Moore:: Mrs. Georgia Nelson.) Mrs. Inez Kullberg lrs. Jeannie Fudge Mrs. Ralph Stark 1311 Tyrol Trail 1308 Tyrol Trail 20 Natchez Avenue 417 Ottawa Avenue 525 Radisson Road 163 District No. 3 -- Fire Station, 1001 Lilac Drive North Mrs. Earl Costigan 3030 (,uail Avenue Mrs. Hilda Pankonie 4.715 Golden Valley Road Mrs. Fred Plante 3312 Regent Avenue Mrs. Lyle Jensen 2925 Perry Avenue Mrs. Ray Currey 2901 Perry Avenue District Captain Public Hearing, Reduction of Set -back Requirements: The Vil- lage Clerk presented an affidavit of publication of notice.of public hearing to be held at this time and place regarding the reduction of set -back requirements on T. H. 100 as described in said notice. Said affidavit was examined, approved and order- ed placed on file. The Mayor announced that this was the time and place for t•he hearing above referred to, and all persons present who desired to do so were afforded opportunity to express their views thereon, as follows: (There were no objections.) MOVED by Stark seconded by Reiss carried to give a first read- ing to an ordinance entitled, "AN ORDINANCE AMENDING 'THE ZONING ORDINANCE OF GOLDEN VALLEY' BY CHANGING A CERTIAN SET -BACK PRO- VISION." MOVED by Stark seconded by Reiss carried to approve the above ordinance quoted by title on its first reading. rpse. MOVED by Stark seconded by Rahn carried that, due to the exist - ,Q,,, 6P,, _ance of an urgency and the fact that no objection to the pro - Z4,7 poised ordinance was voiced that a second reading be given to an ordinance entitled, "AN ORDINANCE AMENDING 'THE ZONING ORDINANCE OF GOLDEN VALLEY' BY CHANGING A CERTAIN SET -BACK PROVISION." MOVED by Stark seconded by Rahn carried that the above ordinance quoted by title be approved upon its second reading and that publication be ordered. Mr. Melvin Mooty, representative of General Motors, Inc., was assured by the Mayor that the above motions had all carried unan- imously, and that all members of the Council voted favorably re- garding the reduction of the set -back. Insurance Proposals: The Administrative Assistant announced that three proposals for insurance on all Village real and personal property had been received. The Mayor referred the matter to a committee consisting of Members Foss and Rahn for report and recommendations at the regular meeting of November 17, 1953. Public Hearing, Turner's Cross Road Drainage Improvement: This 1 1 hearing; is a contin4ation of the hearing on the same matter held on October 20, 1953• The Clerk presented an affidavit showing publication of notice of hearing on the proposed assessment for the Turner's Cross load portion of 1953 Street Improvement No. 17 in the North Hennepin Post on October 22nd, 1953, which affidavit was examined, found satisfactory, and ordered placed on file. The Mayor announced that t' -,-e meeting was open for the consider- ation of objections, if any, to said proposed assessment. All persons present were then given opportunity to present all ob- jections,and written objections theretofore filed with the Clerk were presented and considered, and all such objections were tab- ulated as follows: Mame Propert Nature of Objection Mrs. Anna Held Etzler R.L.S. 1106 & Mr. Blaisdell, attorney 621 Turner's Cross Rd. Lots 18 & 19, representing Mrs. Etzler Block 2, in petitioned the Council Spring Green to reduce the assess - South Add'n. ments on Lots 16 and 19, .Block 2, Spring Green South Add' n. , and to re- move certain tracts in R.L.S. #106 on the grounds that said tracts were not included by the en- gineer as part of the watershed. The Village Attorney stated that Lots 15 and 19, Block 2, Spring Green South Addition, were included in the legal description of the area to be assessed. Mr. Blaisdell stated that he did not believe said lots were included, but would waive what he consid- ered to be a non-fatal irregularity. Mr. Blaisdell further stated that said lots were interior lots in that they did not front on a street and therefore derived no benefit from the drainage im- provement. MOVED by Rahn seconded by Stark carried that Lot 18, Block 2, Spring Green South Addition be assessed on the basis of 260.25 feet, and that Lot 19, Block 2, Spring Green South Addition, be assessed on the basis of 149.89 feet, said footage being the a- mount Lot 19 would be assessed if' its north and south boundaries were extended to Turner's Cross Road, and that the following tracts in Registered Land Survey No. 106 be assessed as follows: Tract D remain in status quo, tract I eliminated, tract H to be assessed on the basis of 88.3 feet, tracts J, K, and. N eliminated. Mr. Blaisdell stated that the above motion was satisfactory to his client. (Tract F and Tract E also remain in status quo.) MOVED by Rahn seconded by Stark carried that the instant hearing be continued to November 17, 1953, that notice of rehearing be p-jblished in the North Hennepin Post, and that the Village At- torney present the recomputation of the assessment roll at said hearing. Mr. Clarence Green, 300 Turner's Cross Road, inquired as to how the assessment was computed, and was advised to attend the meet- ing of November 17, 1953• Sanitary Sewers: Discussion on the contract for sanitary sewer services between the Village of Crystal, lessor, and the Village of Golden Valley, lessee, was deferred until the meeting of November 17, 1953, on the grounds that the council had not had sufficient time to study the attorneyts comments on the draft contract submitted by the Village of Crystal. Appointment of Engineer for Sanitary Sewer Laterals: MOVED by Reiss seconded by Rahn carried that the G. M.Orr Engineering Co. be appointed sanitary sewer engineers for the construction of lateral sewers in the Village of Golden Valley, provided how- ever, that said company notproceed with construction until such time as the Council issues an order in writing. Members Rahn and Reiss voted "YES" and Member f tiji fit Stark voted "I40". Mayor Stasel stated that Member Foss had advised him that if.Mr. Foss were present to vote, Mr. Foss would vote in favor of the Minder Engineering Company. The Mayor further stated that he would vote "NO" on the above motion. After discussion, Member Reiss renewed his motion, Ijembers Rahn, Reiss and Stasel voted "YES" and Member$ ttit Z��Stark voted "NO" whereupon the Mayor declared the motion carried. �` # 30- �� i /'Y 3. The Mayor instructed all members of the Council to be prepared to instruct the Attorney on November 17, 1953, as to the steps to be taken with relation to a contract with the G. M. Orr Engineering; Company, for the construction of sewer laterals. Repairs, 1952 Street Improvements: The Mayor advised the Coun- cil that he had written the Minder Engineering Company regard- ing the status of certain repairs to be performed by the con- tractor for the 1952 street improvement program, and other mat- ters, and that he had received a reply from E. George Minder, Jr. which the Iviayor then read aloud. The Mayor then read the Admin- istrative Assistantts comments on I.ir. Minder's letter. The Council agreed that the Village accept E. George Minder Jr. engineer's offer to supply data regarding improvements construct- ed under the supervision of E. George Minder, Jr., as set forth in said en7ineerts letter, and further, that said engineer ad- vise the Council by letter regarding the status of repairs on the streets constructed in 1952. L\Tew Police Car: The Administrative Assistant advised the Council that the Police Chief wished authorization to purchase a new police car. The Council agreed to defer the purchase of a new police car until 1954 - Zoning Ordinance: The'Mayor instructed the Administrative As- sistant to place on the next agenda the repeal or alteration of Section 4 (g) of the comprehensive Zoning Ordinance. fl 1 L7 Bills: MOVED by Reiss seconded by Rahn carried to approve the following bills in the total amount of � 12,-956.62.%, 6317 B. A. Shuttleworth 25.00 6318 Arno Denzin 170.03 6319 Marvin Schuller 130-46 . 6320 Alden M. Lidster 138.67 6321 Walter Nielson 146.22 h 6322 Joseph Silitz 120.04 6323 Royce W. Owens 208.70 6324 Marjorie Fahy 72.97 6325 Marie Ehr 91.00 6326 Al McGinnis 142.86 6327 Everett Frandsen 132,78 y 6328 Alois J. Stein 69.26 6329 Edward J. Howard 114.41 " 6330 Hans A. Walz 119.91 6331 Federal Reserve Bank 423-40 6332 Val Bjornson, Treasurer 155.29 6333 Bury and Carlson - St. Imp. #17 5278.65 A 6334 Bury and Carlson - St. Imp. #17 3042.75 6335 Void 6336 Void 6337 Alois J. Stein 73,30;;. , 6338 Post Publishing Company 17-40 6339 Miller -Davis Company 2,23,,E 6340 J. A. Curtis 5.75,,\ 6341 N. W. Bell Telephone Company 60.20 A 6342 Northern States Power Company 8552 h 6343 Brulin and Company 12.25 6344 United Garment Mfg. Company 45.00 � 6345 Minnesota Fire Equipment 8.10 A 6346 J. N. Johnson Company 2.50 6347 Standard Oil Company 264-45 ~ 6348 Bury and Carlson 34.72 y 6349 Joseph Silitz 16.00 A 6350 Flour City Brush Company 68.94 y 6351 Richards Oil Company 1292.64,\ 6352 Williamson Stamp Company 13-70 -\ 6353 Harry Hamman 153.38'^ 6354 Lester L. Elstad 108.06,,\ 6355 E. R. Conry 100.00 6356 Suburban Henn. Co. Relief Board 83-38 , 13029.9 .,Explanation of the $73.30 difference in totals - Arrange- ments were not made to pay Mr. Stein on the basis of a garnish- ment action. He has since received a check in the amount of $73.30, which constitutes full payment to Mr. Stein. The gar- nishment action has been satisfied. MOVED by Reiss seconded by Rahn carried t -t-,the meetin ad'ourn. Attest: 1&tad" i Z� L, Clerk 167