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