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09-01-64 Council Minutes186 REGULAR MEETING of the VILLAGE COUNCIL September 1, 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 September 1, 1961, at 8:00 o'clock P.M. The following members were present: Flannagan, Garis, Nadasdy, Schaphorst, and Teresi; and the following were absent: None. Invocation: Mayor Nadasdy gave the invocation. Present were Village Manager, Roger K. Ulstad; Village Attorney, Robert M. Skare; Village Engineer, Donald Sorensen; Village Clerk, Helen Penniman; President of the Planning Commission, Joe L. Brown. The meeting was called to order at 8:00 P.M. Continued Public Hearing - Public Improvements (64 -GG -7; 64 -LF -14): The Village Engineer requested that the above continued public hearing be continued for thirty days. MOVED by Schaphorst seconded by Flannagan carried to continue the public hearing for thirty days to the meeting of October 6, 1964. Public Hearing - Water Main (64-WML-83): The Village Clerk presented an affidavit showing publication in the official newspaper of the Notice of Public Hearing on Certain Proposed Public Improve- ment (64-wML-83) described in the resolution of this Council relating thereto, adopted August 4, 1964. Said affidavit was 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: OBJECTOR OBJECTION None None The Mayor closed the public hearing. D 1 In Regular Meeting of the Village Council, September 1, 1961 Member Flannagan introduced the following resolution and MOVED its adoption: "RESOLUTION ORDERING CONSTRUCTION OF CERTAIN PROPOSED PUBLIC IMPROVEMENTS" (Proposed Water Main - 64-WML-83) The motion ofr the adoption of the foregoing resolution was duly seconded by Member Schaphorst and, upon vote being taken thereon, the following voted in favor thereof: Flannagan, Garis, Nadasdy, Schaphorst, and Teresi; and the following voted against the same: None, whereupon said resolution was duly passed and adopted, signed by the Mayor and his signature attested by the Village Clerk. See Resolutions Book page e�L© Member Flannagan introduced the following resolution and MOVED its adoption: "RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND AUTHORIZING CONTRACT CHANGES PURSUANT TO MINNESOTA STATUTES 429.041, SUBD. 7" (Proposed Water Main - 64-WML-83) The motion for the adoption of the foregoing resolution was duly seconded by Member Schaphorst and, upon vote being taken thereon, the following voted in favor thereof: Flannagan, Garis, Nadasdy, Schaphorst, and Teresi; and the following voted against the same: None, whereupon said resolution was duly passed and adopted, signed by the Mayor and his signature attested by the Village Clerk. See Resolutions Book page Request for Ordinance Waivers: Mr. Joe L. Brown, President of the Planning Commission, spoke on the method the Planning Commission followed in considering requests for Ordinance Waivers. Council deferred consideration of the Ordinance Waivers on the agenda to the meeting of September 15, 1964, after the joint Council and Planning Commission meeting scheduled for September 8, 1964. At this meeting the Ordinance Waiver Procedures will be discussed. Request for Ordinance Waiver - 1515 Kaltern Lane, Eugene L. Qualle: Mr. John Hangen, Architect for Mr. Qualle, appeared and presented plans for a proposed addition to the home at 1515 Kaltern Lane, and requested an ord- inance waiver of four and one-half feet on the front set -back. Mrs. Qualle also appeared to answer questions for the Council. MOVED by Schaphorst seconded by Teresi carried to defer action on the matter to September 15, 1964. 108 Regular Meeting of the Village Council, September 1, 1961 Golden Valley Press - New Look: All present.agreed to add the above item to the agenda. Mrs. Ann Goodwin, reporter for the Golden Valley Press, stated the paper will have a new look and a new editor. The paper will be tabloid size with news exclusive to Golden Valley. Mrs. Goodwin introduced the new editor and business manager, Mr. John F. Rooney. Approval of Expenditures - 1965 Census ($1,950.00), Insurance ($7,000.00 The Village Manager requested approval of the funds from which the above referenced items were to be paid. The items had previously been approved without designation of the fund from which they were to be paid. MOVED by Teresi seconded by Flannagan carried to pay the 1965 Census and the three years extension on Village Insurance from 1964 Contingency Fund, and the Underground Water System from the 1963 Village Hall Fund. Hydraulic Engineers Report, Douglas Barr - St. Croix Avenue Water Table: MOVED by Schaphorst seconded by Garis carried to defer the above matter to the meeting of September 15, 1964, when Mr. Barr will be present. Preliminary Budget Estimate - 1965: The Village Manager submitted the preliminary budget estimate to the Council for consideration. No action was taken. Reapproval - Frontage Road Plans (T.H. #12) State Project 2711-68: The Village Manager stated that an interested landowner abutting upon the proposed new frontage road at Highways #12 and #18 was present, with his attorney, to request that the Village withhold final approval of the plans for the said State Project #271.-68. The Village Manager next reviewed for the Council the history of this matter, pointing out that the State had submitted to the Village plans for the new frontage road which would place the road at a higher grade level than the present frontage road at this location. The Village Engineer reviewed the State's reasons for deciding to increase the elevation of this frontage road and stated that while said reasons were sound from an engineering and cost standpoint, they nevertheless did not represent the most desirable plan in- sofar as the Village was concerned. The Engineer noted that because the pro- posed plans involved floating the road on fill to be placed over the bog -like subsoil at this location, the Village did not wish to place utilities within the right-of-way, where they might shift, unless the State would agree to be liable for any damage resulting therefrom. 18 9, Regular Meeting of the Village Council, September 1, 1961 The Village Engineer then indicated that the State was not agreeable to this, but rather insisted that unless the Village would waive any claims against the State the latter would not proceed with putting in the road at all. The Village Engineer pointed out that while the Village could, on the other hand, withhold approval of the road unless the State agreed to assume this liability, nevertheless, the Village had a definite need for this service road and therefore had little choice except to approve the State's plans. The Village Manager pointed out to the Council that they had earlier passed a resolution giving preliminary approval to the plans, but as yet the same had not been certified and forwarded to the State of Minnesota. He also stated that the utility problem is being solved by obtaining easements for the same located outside the right-of-way. Mr. Wally Bruce of Bruce Construction Company and his attorney, Mr. Herbert Davis, then appeared before the Council and voiced their oppo- sition to the proposed plans on the basis that the increased elevation of the road would cause substantial damage to Mr. Bruce's property. Mr. Davis stated that additional fill costing over $1.,000 would be re- quired to protect the Bruce property, and asked that the Council with- hold forwarding final approval to the State because of the adverse affect upon one of its resident's property interests. During the discussion it was pointed out by the Council that the Village had virtually no choice in giving final approval to the plans since it needed this service road, and that therefore Mr. Bruce would have to solve his problem in some other manner, much as the Village had done when it obtained utility easements outside the right-of-way. The Council also noted that Mr. Bruce would be entitled to compensation from the state if the raise in the grade caused him damage amounting to any sort of a taking of his property value. Thereupon it was MOVED by Teresi, and seconded by Flannagan to give final approval to the said frontage road plans and direct the same to be certi- fied and forwarded to the State of Minnesota, together with a copy of these minutes and a cover letter, both to the State of Minnesota and Mr. Bruce, indicating the objections raised by Mr. Bruce. Report, Western Terrace Home Owners (Street Grade & Driveways): The Village Manager reported that the attorney representing the Western Terrace home owners had informed him that the residents will take care of any repairs necessary to their property since installation of driveways and street pavement. Second Reading Ordinance - Zoning, Valley Village Apartments, 600 Lilac Dr. No.: MOVED by Teresi seconded by Flannagan carried to give a second reading to an ordinance entitled: Regular Meeting of the Village Council, September 1, 1964 "AN ORDINANCE AMENDING THE ZONING CODE" (Valley Village Apartments) MOVED by Teresi seconded by Schaphorst carried to approve the ordinance herein quoted by title on its second reading and to order publication thereof. See Ordinance Book page Second Reading Ordinance - Zoning, Apartments, 6155 St. Croix Avenue: MOVED by Schaphorst seconded by Garis carried to give a second reading to an ordinance entitled: "AN ORDINANCE AMENDING THE ZONING CODE" (Apartments, 6155 St. Croix Avenue) MOVED by Teresi seconded by Flannagan carried to approve the ordinance herein quoted by title on its second reading and to order publication thereof. See Ordinance Book page &1,19- Resolution Calling Public Hearing on Special Assessments; 10-6-64: Member Flannagan introduced the following resolution and MOVED its adoption: "RESOLUTION PROVIDING FOR HEARING ON ASSESSMENTS FOR VARIOUS PUBLIC IMPROVEMENTS - 19641' The motion for the adoption of the foregoing resolution was duly seconded by Member Garis and, upon vote being taken thereon, the following members voted in favor thereof: Flannagan, Garis, Nadasdy, Schaphorst, 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//A;0 A Appointment of Civil Service Commissioner: Council met and interviewed Edward C. Glass, Robert J. Hazelrigg, Wallace E. Miner, Robert V. Rosenwald for appointment as Civil Service Commissioner. The Council was very impressed with all the men and hope they will serve later on in some other capacity in the future. MOVED by Flannagan seconded by Teresi carried to appoint Edward C. Glass as Civil Service Commissioner for a three year term. Bills: MOVED by Teresi seconded by Schaphorst carried to approve the bills as submitted on the prelist. 1 191 Regular Meeting of the Village Council, September 1, 1964 Re: Robbinsdale Water Agreement: The Village Attorney submitted a proposed Agreement with Robbinsdale for water. MOVED by Teresi seconded by Schaphorst carried to approve the Agreement with Robbinsdale for water. Resolution Ordering Dust Abatement (65 -DA -4): All present agreed to add the above matter to the agenda. Member Flannagan introduced the following resolution and MOVED its adoption: "RESOLUTION ORDERING DUST TREATMENT FOR CERTAIN STREETS" (65 -DA -4) The motion for the adoption of the foregoing resolution was duly seconded by Member Schaphorst and, upon vote being taken thereon, the following members voted in favor thereof: Flannagan, Garis, Nadasdy, Schaphorst, 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 '7-cX2 Vacating Utility Easement, Krause: All present agreed to add the above matter to the agenda. The Village Engineer presented a request to vacate Utility Easements on the Robert Krause property and deed the property back to owner. MOVED by Flannagan seconded by Garis carried to approve the vacation of the Utility easements on the Robert Krause property and deed same to the owner upon recommendation of the Village Engineer. Request for Public Hearing - Public Improvements (64-WML-84): The Village Engineer presented a request for a public hearing on public im- provements for (64-WML-84) on October 6, 1964. Member Flannagan introduced the following resolution and MOVED its adoption: "RESOLUTION PROVIDING FOR PUBLIC HEARING ON CERTAIN PROPOSED PUBLIC IMPROVEMENTS" (64 WML-84) The motion for the adoption of the foregoing resolution was duly seconded by Member Teresi and, upon vote being taken thereon, the following members voted in favor thereof: Flannagan, Garis, Nadasdy, Schaphorst, and Teresi; and the following voted against the same: None, whereupon said resolution was declared duly passed and adopted, signed by the Mayor, and s signature attested by the Village Clerk. See Resolutions Book page ��- ' 192 Regular Meeting of the Village Council, September 1, 1964 Request to Employ an Appraiser: All present agreed to add the above matter to the agenda. The Village Manager submitted a request and estimates to employ an Appraiser on property valuations to qualify for Federal grants for ponding areas under land and water conservation. MOVED by Schaphorst seconded by Garis to authorize the Village Manager to retain an appraiser for an amount not to exceed $800.00 to be paid from the contingency fund. Discussion of Sewer Connection - 109 Maddus Lane: All present agreed to add the above matter to the agenda. The Village Manager presented a problem regarding the sewer connection at 109 Maddus Lane. Council discussed the problem and authorized the Village Manager to settle any claim at 109 Maddus Lane. MOVED by Teresi seconded by Flannagan carried to adjourn the meeting at 10:15 P.M. Attest: Village Clerk Mayor 1 1 1