09-04-57 Special Meeting-183- Special Meeting of the Village Council September 4, 1957
SPECIAL MEETING
of the
VILLAGE COUNCIL
September 4, 1957
Pursuant to due call and notice thereof a special meeting of the Village
Council, Village of Golden Valley, Hennepin County, Minnesota, was held at
8030 Olson Memorial Highway in said Village on September 4. 1957, at 7:30
o'clock P. M.
The following members were present: Bies, Nadasdy, and Stark;
The following members arrived at 8:25 o'clock P.M.: Rahn, Teresi.
The Mayor called the meeting to order at 8:05 o'clock P. M.
Present were Village Clerk and Administrator Royce Owens, Village Engineer
Donald Sorensen, Village Attorney Stanley Kane, and Mr. George Pennock,
President of the Planning Commission. Also present was Mr. Neal Peterson,
attorney.
Mr. 0. B. Erickson, Rural Hennepin County Nursing District
Mr. 0. B. Erickson appeared and outlined the growth and increase in services
of the Rural Hennepin County Nursing District.
Res Speed of Traffic on Hampshire Avenue North:
The Administrator read reports prepared by the Police Department dated July
2, July 31, and August 20, 1957. Said reports were ordered placed on file.
MOVED by Stark seconded by Bies carried to post Hampshire Avenue North as
a 25 mile per hour speed zone.
Member Rahn and Member Teresi arrived at 8;25 o'cicok P. M.
Public Hearing; Proposed Public Improvement, Lateral Sewer 4(c) Minter:
The Village Clerk and 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.
The Village Engineer advised the Council that the estimated cost of said im-
provement was:
TOTAL COST: $4,950.50
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
an opportunity to express their views thereon, and all written objections
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Special Meeting of the Village Council., September 4, 1957
-184-
heretofore filed with the Clerk were presented and considered as follows:
OBJECTOR
None
Mr. Erwin. Minter
OBJECTION
None
REASON
Mr. Minter favored the improvement
The Mayor then declared the public hearing closed.
Member Stark then introduced the following resolution and MOVED its adoption:
"RESOLUTION ORDERING CONSTRUCTION
OF A CERTAIN PROPOSED PUBLIC IMPROVEMENT"
(Lateral Sewer 4(c) - MINTER)
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, Stark, 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 GE .
Member Stark then introduced the following resolution and MOVED its adoption:
"RESOLUTION APPROVING PLANS AND SPECIFICATIONS
AND ORDERING WORK TO BE DONE BY CHANGE ORDER"
(Lateral Sewer 4(c) - Minter)
The motion for the adoption of the foregoing resolution was duly seconded by
Member Bies, and upon vote being taken thereon, the following voted in favor
thereof: Bies, Nadasdy, Rahn, Stark, and. Teresi;
and the following voted against the same: None,
whereupon the Mayor declared said resolution duly passed and adopted, signed
by thq Mayor and his signature attested by the Clerk. See Resolutions Book
page
Public Hearing: Rezoning, Winnetka Avenue North and Medicine Lake Road,
Elmer L here:
MOVED by Rahn seconded by Stark carried to adjourn the instant public hearing
to the meeting of September 17, 1957.
Request for Commercial Building Permit: Standard Oil Company, Fillip
Station to be located at 521 Ensign Avenue--.---
Mr.
venue:Mr. Russell Fernstrom appeared in behalf of the Standard Oil Company and
presented plans and specifications for the above referenced filling station.
-185- Special Meeting of the Village Council, September t,, 1957
MOVED by Teresi seconded by Rahn carried to instruct the Building Inspector
to issue a building permit to the Standard Oil Company for a filling station
to be located at 521 Ensign Avenue per plans and specifications on file and
subject to the approval of the plans by the International Conference of
Building Officials.
Upon roll call vote being taken thereon, each member of the Council was
recorded as voting as follows:
Bies
NO
Nadasdy
YES
Rahn
YES
Stark
NO
Teresi
YES
Whereupon the Mayor declared the motion carried.
ort of the Planning Commission Re
ew
e Consolidation and/or
President George Pennock represented the Planning Commission and reported to
the Council that the Planning Commission unanimously favored the recommendations
contained in the minutes of the Planning Commission for August 21, 1957.
MOVED by Rahn seconded by Teresi carried to table action on the recommendations
of the Planning Commission until such time as officials of the Village of New
Hope have had the opportunity to study said recommendations, and the opportunity
to review the matter with the Planning Commission.
Re: Taking of Bids on Village Insurance:
No action was taken.
Re: Easement on North Side of Lot 11. Block 1. Dawn Acres Second Addition
MOVED by Rahn seconded by Stark carried to refer the above matter to the
Planning Commission, for study and recommendation.
Affidavit for Transmittal to Hennepin County Re: Acquisition of Easements for
The Village Attorney reported that the easements and the aforementioned affidavit
would be delivered to the County offices within the next few days.
Adoption of Resolution Providing for Hearing on Assessments:
Member Rahn introduced the following resolution and MOVED its adoptions
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Special Meeting of the Village Council, September 4, 1957 -186-
"RESOLUTION PROVIDING FOR HEARING ON ASSESSMENTS
FOR TRUNK SEWER IMPROVEMENT NO. 3; LATERAL SEWER IMPROVE-
MENTS NOS. 3(a) and 3(b); DUST ABATEMENT IMPROVEMENT FOR
WINSDALE STREET, HOPE CHEST ADDITION, OLYMPIA STREET,
PHOENIX AVENUE, JERSEY AVENUE, EDGEWOOD AVENUE; AND STORM
AND SURFACE WATER DRAINAGE IMPROVEMENT FOR SOUTH TYROL HILLS"
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, Stark, 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 resolution calls for
the public hearing to be held on October 1, 1957, at 700 o'clock P.M.). See
Resolutions Book page-Z?.�'� .
Re: Revision of Villa&e Ordinances
The Village Attorney reported that he and Mr. Neal Peterson had begun the
study of Village ordinances and that the study would not be completed for at
least two years.
Re: Ordinance Limiting Rezoning Requests:
The Village Attorney stated that he would attempt to design an ordinance and
present it to the Council in the next several weeks.
Re: payment of Commissioner's Fees
The Village Attorney presented the claims of three men who acted as commissioners
in the condemnation hearings for certain sewer easements acquired in the North-
west Trunk Sewer area.
MOVED by Rahn seconded by Teresi carried that an urgency exists and to direct
that the commissioners fees be paid as soon as possible.
Res Payment of Awards in Condemnation Proceedings,_ Northwest Trunk Sewer:
The Attorney recommended payment of the awards made by the Board of Commissioners
in the condemnation of certain sewer easements in the Northwest Trunk Sewer
District.
MOVED by Rahn seconded by Teresi carried that an urgency exists and to direct
that the condemnation awards referenced above be paid as soon as possible.
Re: Minutes of May 28, 1957:
MOVED by Stark seconded by Bies carried that the minutes of May 28, 1957, be
amended and/or corrected on page 105 under the heading entitled: "Re: Finance
and Administrative Department Studies" by the addition of the following imam —e 1d
ately after the above heading and preceding the Council's instructions to Mr.
C. W Bryan:
-187- Special Meeting of the Village Council, September 4, 1957
"The Administrator urged the Council to secure the services of the
Public Administration Service or the services of some other impartial,
expert, organization, such as the Village auditors, Lonegren, Brackett,
and Freeman.
No action was taken on the request and recommendations of the
Administrator."
MOVED by Stark seconded by Bies to approve the minutes of the meeting of
May 28, 1957, as corrected and amended with the approval of the members of
the Council, Member Rahn abstained from voting.
Re: Minutes of Ju1Z 23, 1957:_
MOVED by Teresi seconded by Rahn carried to correct and/or amend the minutes
of the meeting of July 23, 1957, on pages 155 and 156 thereof, under the
heading, "Re: M & W Billboards Northeast Intersection Golden Valle Road.
and T.H. 100", as follows.-
A.
ollows.
A. On page 156, by the addition of the following sentence after the second
sentence following said heading: "Said letters were ordered placed on
file."
B. On page 156 thereof by the deletion therefrom of the comma (,) following
the word "violators" in the third paragraph thereof, and the insertion
in lieu thereof a period (.).
C. On page 156 thereof the deletion of all of the third paragraph following
the period mentioned above.
D. On page 156 thereof the deletion of the fourth paragraph.
E. On page 156, the deletion of all matter in the fifth paragraph following
the word "council" in the fourth line of said paragraph and the following
substituted:
"grant him time to study allegations made in the letter before making
a reply thereto".
And by adding to the same paragraph the following words
"The Mayor stated that he was interested in the complaint of the M & W
Realty Company only insofar as said persons complained of the treat-
ment accorded them by the Village Administrator, and only insofar as
said company makes other accusations."
That the sixth and seventh paragraphs of said subject matter be deleted from
the record and that the following paragraph be substituted in lieu thereof:
F. "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
Special Meeting of the Village Council, September 4. 1957 -188-
merits of the case. After being assured that discussion was to cover
grievances and no part of the legal case, Mr. Rahn withdrew his objection."
G. "Mayor Nadasdy then stated that Mr. Woody and Mr. Malanfant had requested
to be heard and were advised by him that their case would be taken up on
this date. The Mayor asked if any Council member had further objections
and no further objection being made, requested that they be heard."
H. "Mr. Woody then reviewed the same material presented in his original
letter and -was advised that the Council would receive a reply from the
Administrator after he had a full opportunity to review the letter
written by Mr. Malanfant and the presentation made by both Mr. Malanfant
and Mr. Woody."
MOVED by Rahn seconded by Teresi carried that on page 158 of the minutes of
July 23, 1957, the following sentence be added to the paragraph entitled "Re:
Cost of Model": "Member Bies abstained".
MOVED by Teresi seconded by Rahn carried to approve the minutes of July 23,
1957, as amended herein. Upon roll call vote being taken thereon, each
member of the Council was recorded as voting as follows:
Bies YES
Nadasdy YES
Rahn YES
Stark NO
Teresi YES
Whereupon the Mayor declared the motion carried.
Re: Minutes of Au st 13, 1957:
MOVED by Rahn seconded by Bies carried to approve the minutes of the meeting
of August 13, 1957.
Rene: Minutes of August 20, 1957.-
MOVED
957;
MOVED by Teresi seconded by Rahn carried to approve the Minutes of August 29, 1957•
Re: Minutes of_August 27, 1957:
MOVED by Teresi seconded by Bies carried to amend and correct the minutes of the
meeting of August 27, 1957, on page 181 thereof, under the heading "Re: Request
for Recording of all Council Meetings:" by deleting the entire paragraph and
by substituting the following sentence in lieu thereof: "The Administrator
withdrew his request for the time being."
MOVED by Teresi seconded by Bies carried to approve the minutes of the meeting
of August 27, 1957, as corrected. Member Rahn abstained.
Re: Attorney to assist the Village Attorney:
Discussion developed the following, after the Village Attorney read a letter
dated September 3, 1957, addressed to Mr. Neal Peterson, and a letter dated
-189- Special Meeting of the Village Council, September 4, 1957
August 27, 1957, addressed to Mr. Stanley Kane, from the Village Clerk and
Administrator regarding legal services.
MOVED by Teresi seconded by Rahn carried that the approval of the minutes of
August 20 and 27th constitute ratification of Mr. Neal Peterson as substitute
Village Attorney during the absence of Mr. Kane for the two referenced meet-
ings, and that Mr. Neal Peterson be authorized to attend future council
meetings as substitute Village Attorney for Mr. Stanley Kane, in Mr. Kane's
absence.
MOVED by Rahn seconded by Teresi carried to instruct Attorney Kane to advise
Mr. Royce Owens of any planned absences from the city, when such advice is
possible.
Re: Cost of Model: (See Minutes of July 23, 1957, August 6, 1957)
MOVED by Teresi seconded by Rahn carried to instruct the Clerk and Administrator
to prepare a supplementary prelist of bills, said prelist to include payment of
the condemnation awards and commissioner's fees mentioned heretofore and to
include payment of $500.00 to Haarstick and Lundgren, Architects, for the
preparation of a model of the village hall which was subject to the May 6,
1957, election. Members Bies and Stark voted "NO".
Adoption of Auditor's Recommendations:
The Administrator reported that according to information contained in a letter
from the Village Attorney dated August 6, 1957, said letter outlining the pro-
cedures for approving and verifying disbursements omitted from the prelist of
bills, a good deal of time would be needed to amend the official records.
The Attorney stated that some of the procedures outlined in the above referen-
ced letter could now be modified.
A discussion was had on the matter of fund transfers for 1956. The matter was
deferred to the meeting of September 17, 1957•
Financial Report, August 1, 1957:
The Administrator presented the financial report of the General Fund covering
the period from January 1, 1957, to August 1, 1957, inclusive.
Re: U. S. Treasury Bills:
Member Rahn asked that the Village Treasurer prepare a report to be submitted
to the Council, regarding the money received from the investment of funds in
U. S. Treasury Bills.
Progress Report, Federal Planning; Advances:
The Administrator reported that work on the application for Federal Planning
Advances was progressing and that the application material should be ready to
submit within a short time, upon receipt of certain data from the Village Attorney
Special Meeting of the Village Council, September 4, 1957 -190-
Rea-- Resignation of Village Trustee Rahn-.
MOVED by Stark seconded by Teresi carried to accept the resignation of Trustee
Kenneth W. Rahn effective September 18, 1957.
Bills:
MOVED by Teresi seconded by Rahn carried to approve the bills as submitted on
the prelist.
MOVED by Stark seconded by Bies that the meeting adjourn.
_..
Mayor
Attests
l g lerk and Administrator
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