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10-03-61 City Council Minutes150 REGULAR MEETING of the VILLAGE COUNCIL October 3, 1961 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 7800 Golden Valley Road in said Village on October 3, 1961, at 7:30 o'clock P. M. The following members were present: Bies, Nadasdy, Scherer, and Teresi; and the following was absent: Flannagan. Present were Village Manager, Roger K. Ulstad; Village Attorney, Stanley D. Kane; Village Engineer, Donald Sorensen; Building Inspector, Dan Lynch; Village Clerk, Helen Penniman. The Mayor called the meeting to order at 7:35 P. M. Invocation: Rev. Stanley G. Hanks, Golden Valley Methodist, 7601 Olson Highway. Minutes of September 19, 1961: MOVED by Teresi seconded by Bies carried to approve the minutes of September 19, 1961, as submitted to the Council. Public Hearing - Bituminous Surfacing (61 -BS -27. 43,_ 44): The Village Manager presented an affidavit showing publication in the official newspaper of the Notice of Public Hearing on certain proposed public improve- ments (61 -BS -27, 43, 44) described in the resolutions of this Council relating thereto, adopted on September 5, 1961. Said affidavit was then examined, approved and ordered filed in the office of the Village Clerk. The Mayor announced that the meeting was open for public hearing on said proposed public improvements and all persons present to do so were.afforded opportunity to express their views thereon. No persons presented objections except the following: 61 -BS -27: OBJECTOR None PROPONENT Mr. Gilbert R. Tomczik 4113 Beverly Avenue OBJECTION None REASON The proposed improvement is needed, the alley is dangerous and very hard on children's clothing, playing in the water. 1 1 U 1 1 1 151 Regular Meeting of the Village Council, October 3, 1961 61 -BS -43: 61 -BS -44: OBJECTOR OBJECTION None None OBJECTOR OBJECTION None None The Mayor closed the Public Hearing. Member Bies introduced the following resolution and MOVED its adoption; "RESOLUTION ORDERING CONSTRUCTION AND PROVIDING THAT WORK BE DONE BY DAY LABOR" (61 -BS -27, 43, 44) The motion for the adoption of the foregoing resolution was duly seconded by Member Scherer, and upon vote being taken thereon, the following members voted in favor thereof: Bies, Nadasdy, Scherer, 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 Village Clerk. See Resolutions Book page 1&N-1. Public Hearing - Lateral Sewer (61 -LF -19); Water Main (61-WM-30): The Village Manager presented an affidavit showing publication in the official newspaper of the Notice of Public Hearing on certain proposed public improve- ments (61 -LF -19; 61-WM-30) described in the resolutions of this Council relating thereto, adopted on September 5, 1961. Said affidavit was then examined, approved and ordered filed in the office of the Village Clerk. The Mayor announced that the meeting was open for public hearing on said proposed public improvements and all persons present to do so were afforded opportunity to express their views thereon. No persons presented objections except the following: 61 -LF -19; 61-WM-30: OBJECTOR Mr. James M. Gregory 2445 Winnetka Avenue North The Mayor closed the Public Hearing. OBJECTION Objected strenuously, stated the improvements were unneeded and unwanted, stated he had one sewer and did not need another. The Mayor asked Mr. Gregory if he had appeared before Council at the Public Hearing to object to the platting of this area. 152 Regular Meeting of the Village Council, October 3, 1961 Member Teresi introduced the following resolution and MOVED its:adoption: "RESOLUTION ORDERING CONSTRUCTION AND PROVIDING THAT WORK BE DONE. PURSUANT TO ORDERS CHANGING EXISTING CONTRACTS" (61 -LF -19; 61-WM-30) The motion for the adoption of the foregoing resolution was duly seconded by Member Scherer and, upon vote being taken thereon, the following members voted in favor thereof: Bies, Nadasdy, Scherer, 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 Village Clerk. See Resolutions Book page lag - Public Hearing - Special Assessments & Certification: The Village Manager presented an affidavit of publication in the official newspaper of the Notice of Public Hearing on the proposed assessment for various public improvements in the Suburban Press on September 7, 1961, in accordance with the resolution adopted September 5, 1961, which affidavit was examined, found satisfactory, and ordered placed on file in the Clerks office. The Mayor announced that the meeting was open for the consideration of objec- tions, if any, to said proposed assessments. All persons present were then given an opportunity to present oral objections, and all written objections theretofore filed with the Village Clerk were presented and considered, and all such objections were tabulated as follows: Nels A. Longerbone, Lot 4, Block 1, Glenwood View Addition, protested storm sewer assessment, caused damages to Lot 4, petition ordered placed on file. Mr. Nel Simonson, 2345 Xylon Avenue North, questioned what control the Village Council had over the School Boards. Lateral Sanitary Sewer - 60 -LF: OBJECTOR Mr. Hugh Lindsay Welcome Ave. & Phoenix Street Mr. Harry C. Osvold 8405 Wesley Drive Mr. Ray E. Koelfgen 6543 Glenwood Avenue OBJECTION Mr. Lindsay requested a deferment of assessments, due to soil conditions, for at least a year or two. Stated the principle involved in deferment of assessments is a form of subsidy and should not be allowed. Stated he understood at the Public Hearing that his assessment would be deferred for a year or two. 153 Regular Meeting of the Village Council, October 3, 1961 OBJECTOR OBJECTION Mr. Robert VanHauer Objected to double assessment for 3901 Golden Valley Road one service. Stated they did not Administrator for petition for or object, but could Glenwood Hills Hospital not use the lateral in Golden Valley Road. At any future time if the land along Golden Valley Road is zoned and developed for residential they would pay the full assessments. The Mayor closed the Public Hearing on lateral sanitary sewers for 1960. 60 -SS -4: OBJECTOR CTOR Mr. Dale V. Runquist 2365 Xylon 60 -SS -5: ,OBJECTOR Mr. Howard C. Worthen 8401 Medicine Lake Road 60 -SS -6: OBJECTOR Mr. Floyd Burthus 7713 Knoll Street OBJECTION Anyone who has water running into the sewer should be assessed. OBJECTION Rear of lot unusable, asked for reduction of assessment. OBJECTION Changed the drainage district -he is in, requested one year deferment. The Mayor closed the Public Hearing on Storm Sewers for 1960. 60 -CG -3. 6, 7: OBJECTOR None OBJECTION None The Mayor closed the Public Hearing on Curb & Gutters for 1960. 60 -SC -1 OBJECTOR None OBJECTION None The Mayor closed the Public Hearing on Seal Coat for 1960. 154 Regular Meeting of the Village Council, October 3, 1961 60 -BS -1, 4, 5, 7, 8, 9, 12, 13, 15, 16, 20, 22: OBJECTOR OBJECTION� None None The Mayor closed the Public Hearing on Bituminous Surfacing for 1960. 61 -DA -1 thru 40 except 28, 29,32 & 34: OBJECTOR OBJECTION None None The Mayor closed the Public Hearing on Dust Abatement for 1961. 60 -DA -28: OBJECTOR OBJECTION None None The Mayor closed the Public Hearing on Dust Abatement for 1960. 60 -GG -1• OBJECTOR OBJECTION Mr. John F. Lubin Mr. Lubin asked why the property 1402 Kelly Drive on Louisiana Ave, remained undeveloped. Mr. E. A. Hoyme Requested the assessment be spread 1404 Kelley Drive over a ten year period instead of five. 60 -GG -3: OBJECTOR OBJECTION None None The Mayor closed the Public Hearing on Grading & Graveling for 1960. Member Scherer introduced the following resolution and MOVED its adoption: "RESOLUTION AMENDING ASSESSMENTS FOR VARIOUS PUBLIC IMPROVEMENTS - 1961" 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, Scherer, 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 Village Clerk. See Resolutions Book page 16-4L. Regular Meeting of the Village Council, October 3, 1961 Member Teresi introduced the following resolution and MOVED its adoption: "RESOLUTION ADOPTING AND CONFIRMING ASSESSMENTS FOR VARIOUS PUBLIC IMPROVEMENTS - 1961" 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, Scherer, 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 Village Clerk. See Resolutions Book page / � - Request for Building Permit - "Dairy Queen", 7801 Medicine Lake Road: Mr. Fred Jones and Mr. Larson, owner and operator of proposed "Dairy Queen" appeared to request the building permit for 7801 Medicine Lake Road. MOVED by Bies seconded by Scherer carried to approve the request for a building permit for a "Dairy Queen" at 7801 Medicine Lake Road, subject to the approval of the Building Inspector. Request for "On -Sale" Liquor License, Advertising Creative Creative Center: Mr. Robert Krause appeared to request consideration of an "On -Sale" liquor license for the Advertising Creative Center at Madison Avenue West & Louisiana Avenue. Council requested a complete application with completed building plans and a deposit of $4,000.00 license fee before issuing said license. Motion to Certifx Mill Levy for 1962: MOVED by Bies seconded by Scherer carried to accept the 1961 budget as presented by the Manager, and to instruct the Manager to enforce all provisions of said budget. MOVED by Bies seconded by Scherer carried that the Village Clerk advise the County Auditor that the Village of Golden Valley requests the Auditor to raise the sum of $370,109.00 through real and personal property taxes collectible in 1962, plus a levy of one mill for Poor Relief, one-third mill for the Fire Department Relief Association and four mills for water main construction and to further advise the County Auditor that the above sum includes the necessary levies for Public Employees Retirement Associa- tion and for Hennepin County Parks. Certification for Weed Cuttings MOVED by Bies seconded by Scherer carried to certify the list for charges for Village Weed destruction against various parcels of land involved and collect with other taxes on such property due and payable in 1962. 156 Regular Meeting of the Village Council, October 3, 1961 Member Bies introduced the following resolution and MOVED its adoption: "RESOLUTION" (Assessments for Weed Eradication) The motion for the adoption of the foregoing resolution was duly seconded by Member Scherer, and upon vote being taken thereon, the following voted in favor thereof: Bies, Nadasdy, Scherer 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 Village Clerk. See Resolutions Book page ..lam. Certification for Delinquent. Water & Sewer Charges: MOVED by Bies seconded by Scherer carried that the levy roll of delinquent sewer and water charges not paid within 60 days after due which charges are hereby certified to the County Auditor with the taxes against the various parcels of land involved and shall be collected with other taxes on such property due and payable in 1962. Preliminary Plans. T. H. #12 from T. H. #100 to County Road #18: The Village Engineer presented preliminary plans for T. H. #12 from T. H. #100 to County Road #18. MOVED by Scherer seconded by Bies carried to refer the above referenced plans to the Planning Commission for study and recommendation. Request to Advertise for Bids - Patrol Vehicle, Police Department: The Village Manager presented the request to advertise for bids for a patrol vehicle for the Police Department. MOVED by Bies seconded by Scherer carried to advertise for bids for a patrol vehicle for the Police Department to be opened on October 13th and awarded on October 17, 1961. Establish Date to Meet with Fire Department: Council established October 111 1961, to meet with the Golden Valley Fire Department. Re: Amending the Buildin& Code - Fall Out Shelters: Council deferred that above matter pending further information. Ordinance Repealing "Bottle -Club" Permit Fee: MOVED by Bies seconded by Scherer carried to give a first reading to an ordinance entitled: "AN ORDINANCE AMENDING THE VILLAGE CODE" (Repealing the Bottle Club Ordinance) 157 Regular Meeting of the Village Council, October 3, 1961 MOVED by Bies seconded by Scherer carried to approve the ordinance herein quoted by title on its first reading. MOVED by Teresi seconded by Bies carried to give a second reading to the above entitled ordinance on the grounds that a public urgency exists. MOVED by Teresi seconded by Bies carried to approve the ordinance herein quoted by title on its second reading and to order publication thereof. See Ordinance Book page _"-6-• Licenses: Member Teresi presented a request for retail "On -Sale" Non -Intoxicating liquor license by Mr. Ernest J. Sarenpa at 4040 Olson Memorial Highway. Council denied the request for transfer of "On -Sale" Non -Intoxicating liquor license until the pending appeal on the license is settled. Bills: MOVED by Scherer seconded by Bies carried to approve the bills as submitted on the prelist. MOVED by Scherer seconded by Bies carried to adjourn the meeting at 1;00 A.M. !'I `Mayor Attest; Village Clerk