Loading...
1948-10-05954 VILLAGE OF MOUND MINUTES OF THE REGULAR MEETING OF THE MOUND VILLAGE COUNCIL HELD October 5th, 1948. - All members responding to roll-call, the meeting proceeded with~ the reading of the Minutes of the Regular Meeting of September ?th, 1948, the adJourne~ meet&ng of Sept. 24th,&the adJourne~ meeting of Sept. 25th. All minutes being read and approved on proper motion and second, the meeting continue~ with a hearing given to Mr. Arthur Kane. Mr Kan.e, appearing before the council in his own behalf, asked that his presence and remarks be made a part of the minutes of the meeting.~ His contention was that the assessment on corner lots (Project 8) is improperly levied, that this was not him opinion alone, there being several citations by the Supreme Court holding that corner lots may only be assessed on the short side. Further, there Es no special benefit to his property, the only reason the water main runs down the side of his property is to serve other owners, and it should be the business of the village to. stand such expense, and this should ha~e been consi~ere~ by the engineer. .Mr. Kane further contended that if an error wam made, it was the business of the E ~i~lageran~ of the Engineer to correct it and not to make a scape goat of corner lot owners; the assessment should be ¢ corrected. It was Mr. Kane's contention that he,with the assesmment as it presently stood, would be required to pay two ang one-half~ times as much as an inside lot owner, without any more benefit. Further, here in Mound, seven previous water main extentiOns were assessmd (Corner lots) on the entire w~Idth of the front aide, plum ten feet, an~ that this is the method of assessment ume~ in numerous villages in and all around Hennepin an~ Ramsey Counties, where the assessment is always made. on the short side-of the lot where it is a corner. Mr. Kane averred that an assertion had been ma~e by Arleigh Smith that he, the speaker, could .so alter lot boundaries, using the width for the length of the lot ac as to multiply the number of salable lots, which contention is ridiculous,, for the lots would then only have a depth of one hundred feet. Mr. Kane insisted that a slmular situation was working a hardship on Mr. Phllbrook, owner of the Subdiv. of Brockton, who had sold only te~ lots out of §4. Surely, if the cou~ucil has ma~e a mistake, it is naturally difficult to ~acktrack now, but why mhoul~ that be the business of the corner lot owners; it is the village council's business to adjudicate and correct all assessment errorm. Mr. Kane argued that, when the tax.levy was first made his water main tax was $808.0§, an~ that with the re-as~sessment it had gone up to $728.94, that all letters of protest he had written to the village, to the Mayor, to the attorney, etc., had gone unanswered, and that he would go to Court .to get Justice, ~if ~he ha~ to. During Mr. Kane's remarks, Dr. Davis was called out and Mr. Newcomb took charge of the meeting. Mr. Newcomb assured Mr. Kane that the council would take the matter under consideration. UPOn motion by Alwin, secon~e~ by Pierce, the matter was tabled. Attorney Wolner reported on the matter of the tax leVY and the mill rate for the village; according to Sec. 441-2~, Minn. Statues l~41, a General Purpose levy is limite~ to 2~ mills, a village street · .i~.provement levy is_limited to l0 .m.ills, and a levy for fire pro~ec- ~ion is limited to i mill. He fur~er reported that the village VILLAGE OF MOUND 955 could assess 9% for park purposes if it could muster a park board and that assessments for poor relief were limited only by relief needs. After a discussion of village tax limitations am against actual nee~, a limitation set by 36 mille against a valuation of $438,991.00, it was moved by Pierce that the Clerk of the Village of Mound be, and is hereby, authorized .to notify the Auditor of Hennepin Co. that the resolution and or~er submitted to him was passe~ at the regular meeting of the village council on Oct. 5th, 1948, the resolution being that the following sums of money be raised by taxes upon taxable property in the Village of Mound for the following surposes for the current year: For Gene~.al Village Purposes lO'000'O0; for Village Streets $4,300.00, and for Fire Protection $500.00. Alwin seconding the motion, the council carried. Mrs. Roy Gelhaye consulted the council w~th reference to water for her property, Lot 7, Blk. 3, A. L. Add. to Lakeside Park, and was assured that the water committee would check the matter to see what could be done. Mrs. Wilfred Hanson and a delegation from the A. L. Crocker 1st Division of Lakeside Park, in connection with the Chipman Ave. ®xtension and improvement, were advise~ that the improvement would proce.& as soon as the village could obtain the necessary legal el earano es. Assure~ by attorney Wolner of the possibility of all ~eeAs being in in the course of the next few days, it was moved by Pierce that the village advertise for bids on the Chipman Ave. improvement as per specifications of the village engineer, bias to be opened at 8 P. M. on October 18th, 1948. This w~s seconded ~y Winkel, the council carrying. Following a ~iscussion presente~ and lead by ~iremen Andrew Farness an~ Verne Von Emchen in connection with the promiscuous lighting of fires at the Park Ave. Dump, and the danger of fi~e being etarte~ at the sawdust dump nemr the Moun~ Union Cemetery and the attendant ~ifficulties of proper supervision, it was moved by Pierce, and seconded by Winkel, that Attorney Wolner prepare a village ordinance prohibiting the setting~of fire within the village. Thio wac ear,icA. Mr. N. E. Pardee ~rought council attention'to the fact that toilets he ha~ provide~ for renter use in the Crocker Bldg. were being use~ by the general public at heavy expense to him and that it was up to the village to provide public toilet facilities. Mr. Pardee was assured by Mayor Davie that the council was working towards toilets for the Municipal Bldg., but that all of this was contingent upon a heating plant going into the bull~ing at the same time to prevAnt plumbing and toilets from f~eezing. Mrs. ParAee's request for the removal of a dirt pile near their ~riveway gate was turned over to Roa~ Committeeman Winkel for immediate attention. The matter of a day an~ night shift Election Board for the General Election of November 2nd, 19&@, was turned over to the Mayor an~ the Clerk for their especial attention. This was on a motion by ~ supported by Winkel. 956 VILLAGE OF MOUND Police Officer J. S. Adams consulted the council with reference to extra police for Homecoming and Halloween, and it wam the general agreement of the council to instruct Frank Groschen and Ferdinand Schwartz for duty from ? to l~ P. M. and that the Superintendent of the School and the parents were to be contacted in connection with the control of the children. In connection with a Uniform and equipment as requested by officer Schwartz, he was advised by Mayor D~vis to make up a list of his needs for action at the next Regular Nesting of the Council. In connection with the withdrawal of tax levies covering water main projects ~dated prioE to 19 ~ because of an amplitude of funds, Newcomb presented the following resolution and moved its adoption: ~¥H~REAS, the Village of Mound in the County of Hennepin an~ State of Minnesota.has levie~ Special Assessments for water main improv- ments in maid village prior to the year 19~G, which improvements were paid for by the issuance of Municipal Bonds; an~, WHEREAS, the Village of Mound has a bonded indebtedness fo~ Water main improvements made prior to the year 19~ in the principal sum of $11,~O.O0, which with interest payable at the time of maturity does not excee~ the sum of $1~,898.?~, an~, WHEREAS, The Special Assessment Fund in the treasury of the mai~ village ~iscloses a sum of $1Z,O00.~, which is set aside an~ to be used for the discharge of the bonded indebtednes~ above referred to, and the said sum will be a~ded to by amounts collected in the current year; and, WHEREAS it appears that the said Special Assessment Fun~ of th~ Village of Mound is ~uffici~nt te dimcharge all outstanding bonds issued te cover water main improvements ma~e in said village prior to the year 19~ and for which special assessmentm have been levied; NOW, THEREFORE, BE IT RESOLVED: that the Clerk of the Village of Mound forthwith notify the Auditor of the County of Hennepin and State of Minnesota. to u~n~ .the m~o.l~l~,.~t~lon of special assessments for water main impr~'~ments .ma~e i~he Villa ge of Mound prior to the year 1943, in the calendar year of 1949. Pierce seconding the motion for the adoption of the above 'resolution, the vote of the council stood unanimous, an~ so the resolution stood adopted' No action was taken ~n a complaint with reference to the sewage odor from the ~[ound School drain. Following discussion with reference to hearings on Water ~ain Projects 8 and 9 and the observation by Attorney Wolner that the h~nutes, in his judgement, should not contain or outline the formula for arriving at tax assessments, but that they shoul~ state simply that the assessment was made on a basis of benefits to the property owners, it was moved by Newcomb that Mr Wolner be authorized to correct the minutes to msd~e them conform to the legal requirements. This was ~carried. VILLAGE OF MOUND 957 CouncilmanPierce'presented the following resolution and moved its adoption: ~. .... WHErEAs, %he Clerk Ofl thle VillaE, e of Nound, with the assis~ ~ .tan,ce, of the Village Engi~neer, has Pa!cu!~t~e~, %he proper amoUnt naeessary to be especially a~sesaed, for Water Nai.n Project No. 9, against ewery assessable Lot,, piece an~ parcel of lank within the Village of Noun~ affecte~ by. sai~ w,a.t,er main Pro.Jo.et No. 9, upon the Baai,s, o£..benefit,, w£tho,ut regarA to the. Gash ~valuation, in ,acco.r~ance with Statues iS such Gase made and. ,provide~; and, .. WN~R~A$..,~ ,the, proper of the Village of Nounal ~ .to. public ,inspections ~sse~sment kas-'be'en~ T.ile'-d-, With the Clerk since September. 19th, 1948, and is open i '. '. i ' iRESiOLV. ED: That the~ Cfer~ cause '.bO ibc pub'iisRe~ in the Mi~netonka · Pilot in the Village af Moun~, on Th ~u~sday. October'7~h~.~.lg~8, · .N~TI.CE .OF HEARING to be ~el& on Oct. ober..18.t.h.,. !9%8, at the Villlage . .Of. fice, ,in .the Village of Mound, Minneao.ta,. a.t. ,8. p., M.., for th.e · pu~po.~e .o.f, hearing and passing upon ,all obJ,ec.ti.o.~s,,. %,f~ any, t,o · ~t, he ,assessment on file with ~the Clerk _of ,this .Villa. ge for wat. er . · .main .p~o. Ject No. 9; .an& ior ,the further ,p. urpose ,of .amending the proposed assessment aa ~o any lot .or~ lo,ts, not properly assesse~; and for the further pu/~pose of adopting the assessment as filed an4 amended. Newcomb secon4ing the motion of a~option, the vote of the council stoo4 unanimous, and so the resolution stoo& adopted. The matter of a Hearing on Project 8 was table~ pending the return of Engineer Smith and conferences between him and Attorney Wolner, and the .filing of a revise4 levy with the clerk· On a motion by Neweomb, supported by Pierce, the following bills were authoriseA to be paid: R. L. Pierce ........ · ..... .$ IO.O0.A. .... W..~..Davis ..................... i§.o0.B. LeRoy V. Alwln .............. J. C. Stein ............... .. ForA. Schwartz ........... ... R. B. Kohout ............... · Collector of Int. Rev ....... T. Plat zer .................. Tom Sorensen ................ G. BlaE~vetd .............. · Fre~ Thomas ..... . ........... Minnetonka Beverage Co ...... Pabst Sales Co .............. Jacob Sckmidt Brew'g Co ..... Canada Dry Ginger Ale, Inc.. Cart er Bev. Co .............. 7 Up BottliSg Co. .......... · Story Bev. Co ............... Kelly Liq. S; Newcomb ........... $ F. Winkel ............ 8~.50.W.B. Bowers ............ 95.30.EAna J. Gooder.... ...... 96 40 P t Pi ' · ~. a erce. ........ ..:.. .95.30.J. ,S, ,A~lams.. ,.,., ,,..,. 38.80T. Platzer ............... 17.56.Tom Sorensen ............ 90.00. Geo. B enz Sons ........ .. 65.00.H.E. Wolner ............ 690.O0.Mrs. F. P. Leekley ...... 210.87. Chaska Bev. Co .......... 52.20.Purity Bev. Co .......... 78.60.Henry Jensen(J, Schmidt B 59.31.Manning Anderson Co... ~. ? 239.49.Coca Cola Bottling Co... 32.72.Pepsicola Bottling Co... 8.38.M.F. Fa]d[ Paper Co ..... 10. O0 10.00 100. O0 62.50 56 11~. 30 112.30 80, O0 322.1S AO o00 4.00 150.36 141.95 50.80 547.50 18.40 5.2~ 17. ~0 Co ............... 12~.04.Griggs, Cooper & Co .... $1,093.86 958 VILLAGE OF MOUND McKesson & Robbins~ Inc ..... Famous Brands, Inc ..... Sheldon Beise, ~.Aq. Bond ....... Crane Co ....................... Interstate Power Co ............ Arthur Holmquist ............... Burroughs Adding Machine Co .... Miller Davis Co ................ Eound Hdw. Co .................. Ed. Ryan, Sheriff .............. Smith ~,iot ors ................... McCarthy Well Co. .............. Ninnetonka Construction Co ..... Phillips "66" Sta .............. Minnetonka Notor Express ....... American Linen ................. St. Bank of Nound .............. Ninnetonka Notor Express ....... Ed. Phillips & Sons Co ......... St. Bank of Nound .............. W. B. Bowers.- ................. . J. C. Stein. ................... J. S. Adams .................... Thomas Plat ze~ ................. Ferdinand Schwartz ............. 143,70 ', Dist ill ers 847.12,01d Peoria Co ............ 7.50.J.S. Adams .............. 399.04.Interstate Power Co ...... 109.20.Interstate Power Co ...... 74.35.American City Nagazine... 9.00.Nounal Dry Goods Co ....... 1.08.Nordguist & So~s Co ....... ~istribut ing$1, 645. 99 597.91 104.31 191.O0 1~. 90 3.06 2.86 7.50 7.49.I',~ound Pilot ............... 126.85 3.1~.Mo~md 0il Sta ............ 16.00 2.09.Hennepin Co. Relief Boar~ 123.95 75.15.Crane Co ................. 52.50.Minnetonka Motor Express.. 7,06 14.~6.Bud's Pure 0il Sta ........ 23.04 1.05.Morris Fruit Co ........... 59.05 2.09.Faeger & Benson, Attorneys281.75 12.80. St. Bank of Mound. ........ 95.37 3.9Z.Andy ~ s Garage ............. 16.95 241.67. St. Bamk of Mound ......... 13,24 98.66.Watertown Tel. ~o ......... 19.35 IO0.O0.R.D. Kohout .............. 100.00 lO0.O0.F~na J. Gooder ............ 62.50 lO0.O0.LeRoy V. Alwin ............ 87.50 100.00.C.E. Ne~mann ............. 58.50 87.50. This business done, the meeting adjourned. ~ .,, Re order