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07-30-57 Special Meeting-159 - SPECIAL MEETING of the VILLAGE COUNCIL July 30, 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 at the temporary Council chambers located at 8030 Olson Memorial Highway, in said Village on July 30, 1957, at 7:30 o'clock P. M. The following members were present: Bies, Nadasdy, Rahn, Stark, and Teresi. The Mayor called the meeting to order at 7:50 o'clock P. M. Mr. Harry Mayeron, representative of the G. M. Orr Engineering Company, the Village Attorney Kane, and the Village Administrator Owens were present. Regarding the Disposition of Certain Money Due the Village of Golden Valley from the Village of New Hope as a Result of the Contract Dated The Administrator read Section Five of the above referenced contract. Mr. Kenneth W. Rahn stated that he thought the Village Attorney should advise the Council as to the Council's rights with respect to disposition of funds due the Village of Golden Valley from the Village of New Hope. The Village Attorney responded that it was his opinion that nothing can be done by this Council that would be valid and binding on the 1960 Council, and that it would require an act of the State Legislature to permit this Council to bind a future Council. Upon inquiry by Member Rahn, Mr. Kane stated that he had consulted with other attorneys and named Mr. DeForest Spencer, Jr. of Dorsey, Owen, Barker, Scott and Barber, Mr. Neil Peterson, and Mr. Orville Peterson of the League of Minnesota Municipalities. The Council instructed the Village Attorney to prepare a written report regarding the above referenced matter and to secure written concurring opinions from the other attorneys named above. Member Teresi stated that any action taken by this Council might be advisory to future Councils. Member Rahn then reviewed the reasons for the $100,000 ad valorem taxes levied in 1954, reviewed construction costs, Council policies with re- gard to the distribution of same, and other matters pertinent to the sanitary sewer construction program of the Village of Golden Valley. Mr. Robert Van Hauer addressed the Council upon request. Mr. Van Hauer stated that when the Council was considering the joint sewer with the Village of Crystal, the Council discussed the matter in terms of a re- duction in cost to the North East Area, that the amounts of money con- tributed by St. Louis Park and New Hope has been used to reduce the costs of sewer to the residents living in the various districts, but that the Northeast sanitary sewer district had borne large construction Special Meeting of the Village Council, July 30, 1957 costs which benefit other areas of the Village, but has received no benefit when costs were assessed. After further discussion, the Council continued the matter pending the receipt of the above referenced opinion from the Village Attorney and his consultants. .est for Public Hearing - Federal Container Corporation, for the Purpose acating the Action of the Village Council of the Village of anid.n Attorneys for Feld's Market and the Federal Container Corporation reviewed their conceptions of the legal rights of their clients. The Village Attorney stated that he was of the opinion that if the Council held another public hearing it could rescind its former action, and that there are other problems involved but that these problems are mainly those of the adverse parties. The Village Attorney stated that it was his idea that the vacation had not been filed because something remained to be done and that he recalled the parties were discussing private or public easements in order that both parties would have access to the rear of their properties, lying north of Olson Highway, if the Council vacated the street. Mr. Joe Goldman, rep- resentative of the Federal Container Corporation, stated that as one of the parties, he concurred in Mr. Kane's opinion that the easement had not been filed becaase he and the Felds were to agree to keep the former street open. Upon question, the Village Administrator stated that his recollection was that of Mr. Kane's mentioned above. The Mayor then stated that his re- collection was that some individual whom he could not recall had appeared at the public hearing on the vacation and showed an interest in preserving access to his home via the vacated street. Mayor Nadasdy then stated the Chair would entertain a motion. Member Bies then MOVED seconded by Teresi that the Council take no action in the premises and instruct the Attorney not to file the vacation until expressly instructed to do so by the Village Council. Discussion on the motion followed. Member Bies then MOVED seconded by Rahn to instruct that notice of public hearing be inserted in the official Village newspaper on the proposition of vacating the Council's action on the "Vacation of Ardmore Drive" and to instruct the Village Attorney not to file the vacation proceeding, said public hearing to be held on September 3, 1957. The Village Attorney, upon question, then reuled the motion of Member Bies, as seconded by Member Rahn, to be out of order and stated the previous question was before the house. The Mayor then called for a roll call vote on the previous question, where- upon each member of the Council was recorded as voting as follows; -161- Special Meeting of the Village Council, July 30, 1957 Bies YES Nadasdy NO Rahn NO Stark YES Teresi YES whereupon the Mayor declared the motion carried. s Consolidation of New Hope and Golden Valley and/or Annexation of a Mayor Milton Honsey of New Hope addressed the Council. Mr. Honsey advised that Mr. Don Trucker, New Hope Village Clerk; Mr. William Corrick, New Hope Village Attorney; and Trustee Winsberger were present. Mayor Honsey then briefly reviewed some of the problems which are presently before the Village of New Hope, the assets of New Hope which New Hope would bring to any annexation or consolidation, as well as present services supplied by said municipality. Member Stark asked to be excused at 9:40 P. M. Prior to leaving Member Stark addressed the Council and stated that insofar as he understood the problem at this time, he was one hundred percent in favor of consolidation. Village Attorney Kane, with the concurrence of Village Attorney Corrick, briefly outlined the legal procedures necessary either for consolidation and/or annexation. Trustee Jack Morse of the Village of New Hope arrived at the meeting at 20:00 o'clock P. M. Further discussion was held, after which MOVED by Teresi seconded by Bies carried that the records of the Village of Golden Valley show that this Council viewed with favor the con- solidation of the Villages of Golden Valley and New Hope, or, in the alter- native, the annexation of a portion of the Village of New Hope to the Village of Golden Valley, whichever the case may be, subject to further study by all necessary departments, commissions, and boards of each municipality. Member Teresi then MOVED seconded by Bies carried that a public meeting be held between the Councils and Planning Commissions of the Village of Golden Valley and the Village of New Hope at the temporary Council chambers of the Village of Golden Valley located at 8030 Olson Memorial Highway, at 7:30 o'clock P. M., August 13, 1957• Re: Communication from the Administrator to the Mayor: ",a� /63 lta4.Q . z. The Mayor rd e* stZd th t the records show that he had received the following letter from the Administrator: "July 25, 1957 Mr. Carl J. Nadasdy 4400 Tyrol Crest Golden Valley Minneapolis, 16, Minnesota 1 Special Meeting of the Village Council, July 30, 1957 -162- Re: M & W Billboard Case Dear Carl: I have been advised by Mrs. Beverly Post that there is no record of an electrical permit ever having been taken out by Ridgeway Home Builders and inspection indicates that there are three lights installed on the billboard as of now. Since this matter is currently under study by the Council, and in view of certain other matters which are too lengthly to be recited in this letter, it appears to me that we should not take any action to enforce the electrical ordinance in the next few weeks. Very truly yours, ( signed) Royce W. Owens Village Administrator ROTO; chdn The Mayor further commented that it was not his intention to in any restrict the enforcement of the electrical ordinances of the Village of Golden Valley. The Administrator, in response, stated that the letter was in confirmation of his understanding with the Village Attorney arrived at on July 18, 1957, and that the letter was advisory and that he certainly had no objection to the above referenced letter being placed in the minutes inasmuch as it is already in the official files of the Village of Golden Valley. Amount to be Assessed, Northwest Trunk Sewer: (See minutes of July 23, 1957) The Administrator advised the Council contingency fund raised the assessment Trunk Sewer District to $1.89. that providing for a five percent to be levied against the Northwest MOVED by Rahn seconded by Bies carried that the meeting adjourn. '---Mayor