07-02-56 City Council MinutesREGULA R MEETING
of the
VILLAGE COUNCIL
July 2, 1956
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 -"all in said Village on July 2, 1956, at 7:30 o'clock P.M. The following
members were present: Bies, Nadasdy, Rahn, an,] Teresi; and the following arrived
shortly after the meeting had begun: Member Stark. The Mayor called the meeting
to order at 7:40 o'clock P.M.
Moved by Rahn seconded by Bies carried that the reading of the minutes of the
meeting held on June 19, 1956 and June 18,1956 be dispensed with and that said
minutes be approved as submitted to each member of the council prior to this
meeting unless some of the audience wishes them read. ( The minutes were not read)
Public Hearing - Rezoning, "Hope Chest":
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 rezoning of a arcel of land described in said affidavit from open developement
to commercial. SM affidavit was examined, approved and ordered placed on file.
The Mayor announced that this was the time and place for the public hearing. All
persons present who desired to coo so were afforded the opportunity to express their
views thereon.
Objectors Objections
None None
There being no objections, the Mayor closed the public hearing. The Council dis-
cussed the development of the land after which Moved by Rahn seconded by Teresi
carried to give a first reading to an ordinance entitled 't AN ORDINANCE AMENDING
THE ZONING CODE BY ESTABLISHING A CERTAIN COMMERCIAL ZONING DISTRICT". (Hope Chest).
Moved by Rahn seconded by Bies carried to approve the above ordinance herein
quoted by title on its first reading.
Preliminary Plat Approval - "Hope Chest."
Moved by Teresi seconded by Rahn carried to grant preliminary approval to the plat
presented by Mr. Wayne Field subject to approval by the Planning Commission of
certain recommended changes.
International Union of Operating Engineers - Local 49:
rhe Council studied the resolution submitted to the Village Attorney on June 27, 1956
said resolution bearing the title : "RESOLUTION ESTABLISHING WORKING. CONDITIONS,
WAGES, AND HOURS FOR STREET MAINTENANCE DEPARTMENT EMPLOYEES."
The Mayor stated that his approval of the resolution was contingent upon its
11
flu -VI
IPZ
"Minutes of the Regular Meeting of the Villa7e Council, July 2, 1956
application to all employees and all departments of the Village of Golden Valley
where such application can be made.
Moved by Rahn seconded by Stark carried to instruct the Administrator to include
all benefits in the above referenced resolution in a personnel ordinance and
position classification plan for all employees of the Village of Golden Valley. p
S a e /� C S.,/4.74'7oh Bo e,� /vimr 2 alp f
Hardship Waiver - 4901 Ah Avenue North:
Mr. Loren Helling, owner of the house with street address 1901 28th Avenue North,
and Mr. Norman Rooney, builder of said home, were present. The Administrator
advised the Council that the Planning Commission had recommended that the bal-
cony which encroached upon the side lot clearance of said home be removed by the
builder, and that Mr. Helling and Mr. Rooney were appealing the Planning Commission's
decision. Moved by Rahn seconded by Stark carried that the matter be referred back
to the Planning Commission with the recommendation that the Commission consider
permitting said balocony to project 23 inches into the side lot clearance.
Golden Valley Park Board:
Mr. Ray Stockman, President of the Bolden Valley Park Board, discussed the develop-
ment of the Golden Valley Park system. Mr. Stockman stated that
he and his colleagues received a great many requests for additional park areas,
that the public was not satisfied with present playgrouhd facilities, and that the
Park Board wanted an understanding with the Villa ge Council as to what the Park
Board can get from the general Village goverment, in addition to the regular budget.
Mr. Stockman stated that the Park Board presently needed someone to supervise the day
laborer which had already been employed, but that neither he nor his colleagues
could give such supervision. Mr. Stockman also discussed the problem of planning on a
long range basis and informed the Council that the nark Board had received a bid of
$1,200.00 from Mr. Robert Corwin for engineering studies of the general park system.
Mr. Stockman was advised that the Minneapolis Park Board had offered its assistance
to the Village of Golden Va]l.^r in planning and management of the park system and
that before theCouncil could consider the expenditure of a large sum of money ( a
suggested 450,000.00 over a ten year period) it would be necessary for the Park
Board to submit a long range plan.
W A(YW� WiW� W il$OWW i��WiaO&i W V�
The Council instru cted that the Park Board submit progress reports to the Council
during several subsequent meetings.
Preliminary Plat Approval - Plat of Mr. W.H. Harding
Moved by Rahn seconded by Teresi carried to grant preliminary approval to the plat
of Mr. Harding upon the recommendation of the Planning Commission of the Village
Engineer.
1
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"Minutes of the Regular Meeting of the Village Council, July 2, 1956".
X956 Curb and Gutter Improvements: Welcome Avenue:
Member Bies introduced the following resolution herein quoted by title and MOVED
its adoption- 11PESOLUTION AMENDING "RESOLUTION ORDERING CONSTRUCTION OF CERTAIN
PROPOSED PUBLIC IMPROVEMENTS" adopted June 26, 1956.
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, Stairk, and Teresi, and the following voted againstt 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 pages�15!.
Report of Engineer Re. -- Surface Water Drainage in Honeywell Area::
The Village Engineer presented a written report on the above referenced matter dated
July 2, 1956. The Council instructed the Engineer's report be placed on file.
Alley Connecting Maren Lane and Sixth Avenue North:
Moved by Stark seconded by Teresi carried to accept the dedication of an eighteen
foot wide alley connecting Maren Lane with Sixth Avenue North and to instruct the
Attorney to file the necessary deeds. Member Bies abstained from voting with the
permission of all members of the Council.
East One -Half Yale Garden Homes - Condemnation of Street Right -of- Way:
NIr. and Mrs. Bert, 'D_t-.am.i_.nquired of the Council the time schedule of the condemnation
of all street rights_ -of -way in said addition. The Council instructed the Attorney
that condemnation of all street and right-of-way in the East One -Half Yale Garden
Homes must be concluded on the fourth of September, 1956.
Special Meeting - July 24, 1956:
The Council instructed that notice for call for special meeting to be held at the
Village Hall on July 24, 1956, be duly noted in the minutes, one of the purposes of
the meeting being to discuss assessment procedure and policy with reference to the
levying of special assessments resulting from the construction of storm sewers.
South Trunk Sewer Special Assessments:
The Council instructed that the week of July 9th be the week during which one member
of the Council, the Administrator, the Attorney, the Engineer and the chief of the
special assegsment division meet every night during this week for the purpose of
giving special consideration to all cases where the property is of an irregular
shape, or merits special consideration for some other reason, said committee
hearings not in any way to take the -,place of the advertised public hearing on the
assessment roll held in October of every year. Each member of the Council agreed
to meet on the Aollowing dates: IVlember Rahn on July 9, Member Teresi on July 10,
Member Nadasdy on July 11, Member Bies on July 12, and Member Stark on July 13.
154
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'Minutes of the Regular Meeting of the Village Council, July 2, 1956."
South Trunk Sewer District Lateral Petitions:
Moved by Teresi seconded by Stark carried that all petitions for the construction
of sewer laterals in the South Trunk Sewer District, said construction to be under
taken in 1957, must be submitted to the administrative offices on or before
October 1, 1956•
The Council disccused use of the trunk sewer as a lateral without the actual con-
struction of a lateral sewer, that is to say,'the`foasibility of permitting house
connections directly into the trunk sewer. On question, the Village Attorney ad-
vised that technically speaking, such connections were not permissible unless a
public hearing is held. Administrator Owens suggested that each applicant for
such a connection sign a waiver.
The Council instructed the Attorney to furnish the Admistrator with a form of
waiver to,be signed by each individual wishing to make a house connection directly
to the trunk sewer.
1956 Public Improvements - Financial Advisor:
Moved by Teresi seconded by Stark carried that T.G. Evensen Associates be employed
as financial advisors in the selling of the bonds needed to finance 1956 Improvements:
and that the proper officers of the Village be authorized and directed to execute a
contract with said company on or about the 24th of July, 1956.
Sale of Village Property on Winnetka Avenue :
Moved by Stark seconded by Teresi carried that the Village Clerk be instructed to
insert notice of call for bids for the sale of said property on September 4., 1956)
and to instruct that said notice of sale be placed in the Minneapolis newspaper and
in one trade magazine or newspaper. The Council discussed the fees to be paid to
any real estate agent instrumental in the sale of the property and decided that such
an agent shollild collect his fee, if any, from the purchaser of said property, and
not from.the Village of Golden Valley.
Northwest Sanitary Sewer Special Assessment Against Golf Clubs:
The Council,after a lengthy discussion, decided that all golf clubs must pay a full
sewer assessment for the construction of the Northwest Trunk Sewer according to the
rules and regulations heretofore adopted by this Council.
Poor Relief:
The Admistrator advised that the Village has been paying the sum of $285.00 for
the care of one Amilda Vinzarajs. Moved by Rahn seconded by Teresi carried that
the Administrator be instructed to advise the Director of Poor Relief that fte
Village will resist payment of any future claims on behalf of said person.
Approval of Bills:
i
Moved by Rahn secondej by Bies carried to approve bills in the total amount of
135,935.55
C
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11 Minutes of the Regular Meeting of the Village Council, July 2, 195611
The Attorney suggested that the Council adjourn to executive session. There
being no one present except the members of the Council and staff and the wife of one
member of the Council, the Mayor decided that an executive session was not neces-
sary, and thereupon called the next item of business which was as follows:
Sanitary Sewer )3asements - Lateral Improvement No.l:
The Village Attorney stated that IIr. J.V. Stejskal, 2730 Kyle Avenue had granted
an easement for the sewer lateral constructed in 1955 and requested that the
Village Council strike one-half of the assessment now levied against said property
as consideration for said grant. The Administrator stated that the property of
the person named had received special consideration from the Village in 1954 and 1955
in that a storm sewer had been extended all the way to June Avenue from its then
eastern terminous at no cost to said property owner, and that in any case, he
strongly reco-m ended that the Council pay Mr. Stejskal '500.00 from sewer funds
rather than canceling any portion of his sanitary sewer assessment.
Moved by Teresi sec^nded by Stark carried that the Village Admistrator be in-
structed to pay Mr. J.D. Stejskal the sum of 4500.00 for a sewer easement to
his property, said `;t 500.00 to be paid only upon the written recommendation of
the Village Attorney, the recipient of the `'500.00 to agree in all cases to
every stipulation made by the Attorney.
7
.Eay_,Holl.No 12. . . . . . .
. . . $ 71097.41
61
No. 92.
Northwestern Bell Telephone
Co. 197.41 �
9262.
. . . . . . . . . . .
Northern States Power Co.
515.30 h
9263.
. . . . . . . . . . .
Farnham Stationary & School
Supply Co. 89.22 41
9264.
. . . . . *National
Cash Register Co.
6,072.04 °I
9265
:'..
Minnesota Wholesalers
17.63 n
9266 .
. . . . . . . . .. ..
Suburban Floor Servide
135.00 ,
9267.
. . . . . . . . . . .Walden
Drug Store
17.99
9268.
. . . . . . . . . . .
Bury and Carlson
62.110 ,
9269.
. . . . . . . . . . .
ompany
The Tomas�rdware
245.07
9270.
Williams
4.32
9271.
. . . . . . . . . . .
National Bushing & Parts
3.70
9272.
. . . . . . . . . . .
Harvey Glonvick
30.00
9273.
. . . . . . . . . . .
Suburban Recreation Assn.
800.00
9274.
. . . . . . . . . . .
Golden Valley Pure Oil Co.
421.61
9275.
. . . . . . . . . . .
Thompson Lumber Company
57.69 M
9276.
. . . . . . . . . . .
RosernTald Cooper
9.52 "
9277,
. . . . . . . . . . .
Lyle Sign Co.
288.81 N
9278.
. . . . . . . . . . .
Mpls. Blueprinting Co.
50.00 w.
9279.
. . . . . . . . . . .
The Crane Company
121.02
9280..
. . . . . . . . . .
Suburban Henn. County Relief
Board 298.01
9281.
. . . . . . .
W.n. Ziegler Co.
90.081
9282
. . .
Americ-gin National Rank
13,621.47 M
9283...
. . . . . . . . . .
VQIP * VOID-,
- - - - -.
9284.
. . . . .. . . .
Dorsey,ywen, Barker, Scott &
Barker
9285.
. . . . . . . . . . .
Miller Davis Company
132.50 h
9286..
.
Construction Bulletin
38.80 v
9287.
. .
Midway Office Equipment Co.
45.00
9288.
. . ..
Jay W. Craig Company
1,106.00
9289.
. . . . . . . . . . .
J.V. Gleason
2,957.52
9290.
. . . . . . . . . . .
The Municiple Year Book
10,00n
total $35,935-55
The Attorney suggested that the Council adjourn to executive session. There
being no one present except the members of the Council and staff and the wife of one
member of the Council, the Mayor decided that an executive session was not neces-
sary, and thereupon called the next item of business which was as follows:
Sanitary Sewer )3asements - Lateral Improvement No.l:
The Village Attorney stated that IIr. J.V. Stejskal, 2730 Kyle Avenue had granted
an easement for the sewer lateral constructed in 1955 and requested that the
Village Council strike one-half of the assessment now levied against said property
as consideration for said grant. The Administrator stated that the property of
the person named had received special consideration from the Village in 1954 and 1955
in that a storm sewer had been extended all the way to June Avenue from its then
eastern terminous at no cost to said property owner, and that in any case, he
strongly reco-m ended that the Council pay Mr. Stejskal '500.00 from sewer funds
rather than canceling any portion of his sanitary sewer assessment.
Moved by Teresi sec^nded by Stark carried that the Village Admistrator be in-
structed to pay Mr. J.D. Stejskal the sum of 4500.00 for a sewer easement to
his property, said `;t 500.00 to be paid only upon the written recommendation of
the Village Attorney, the recipient of the `'500.00 to agree in all cases to
every stipulation made by the Attorney.
156 -6-
" Minutes of the Regular Meeting of the pillage Council, July 2, 1956"
The McGinnis Case
The Village Attorney outlined costs which have been incurred to date in
connection with said case and, in addition, outlined anticipated expenses,
should the case be carried to the Supreme Court. The Village Attorney stated
that should the Council decide to carry the case to the Supreme Court of the
State of Minnesota, that he would charge for his services only if the Village
were successful in overthrowing the opinion of the District Court and that,
if the Village does prevail, the fees for the Attorney will not exceed the
minimum fee schedule.recommended by the County Bar Association. Mayor Nadasdy
stated that if the Council decided to appeal the case, Mr. Kane should feel
free to bring in another lawyer to help him. Member Stark reiterated Mayor
Nadasdy's statement.
Moved by Stark seconded by Bies carried that the Attorney be instructed to take
whatever steps are necessaryin order to appeal the McGinnis case to the Supreme
Court of Minnesota, but that the Attorney should consult the Council before the
transcript of the case in District Court is printed; and that the Council accept
the offer of the Attorney to prosecute the case without fee should the Village
not prevail.
Moved by Bies seconded by Stark carried that the meeting adjourn.
P,