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11-06-51 City Council Minutes13 November 6, 1951 Pursuant to due call and notice thereof, a regular meet- ing of the Village Council of the Village of Golden Valley, Minnesota, was duly held at the Village Hall in said Village on November 6, 1951, at 7:30 o'clock P.M. The following were present: Pinch, Putnam, Reiss, Stark, Stasel, and the following were absent: none. Minutes of the October 16 meeting were read. Motion by Reiss seconded by Putnam carried to approve the minutes as amended by the following resolution. Member Reiss then introduced the following resolution and moved its adoption: RESOLUTION AMENDING RESOLUTION CREATING FUNDS OF 1951 STREET IMPROVEMENTS NOS. 14 AND 15, PROVIDING FOR AND APPROPRIATING SPECIAL ASSESSMENTS AND GENERAL TAXES FOR THE SUPPORT AND MAINTENANCE THEREOF, AND DIRECTING ISSUANCE OF IMPROVEMENT BONDS BE IT RESOLVED by the Village Council of the Village of Golden Valley, Minnesota, that the resolution heretofore adopted by the Village Council on October 162 1951, entitled "Resolution Creating Funds of 1951 Street Improvements Nos. 14 and 15, Providing for and Appropriating Special Assessments and General Taxes for the Support and Maintenance Thereof, and Directing Issuance of Improvement Bonds", shall be amended as follows: 1. Paragraph 2 of said resolution shall be amended to read as follows: 112. There is hereby created a special fund to be desig- nated as the (1951 Street Improvement Fund', to be held and administered by the Village Treasurer separate and apart from all other funds of the Village. Said fund shall be continued and maintained in the manner herein specified until all of the improvement bonds herein authorized and interest thereon shall have been fully paid. In said fund there shall be maintained three separate accounts, to be designated as the 'Street Im- provement No. 14 Construction Account' and the 'Street Improve- ment No. 15 Construction Account' and the 'Sinking Fund Ac- count', respectively. The proceeds of sale of the improvement bonds herein authorized, less accrued interest received there- on, shall be credited to the Construction Accounts in the amount of X135,000 to the Street Improvement No. 14 Construc- tion Account and 013,500 to the Street Improvement No. 15 Con- struction Account, from each of which accounts there shall be paid costs and expenses of making the corresponding improve- ment, as incurred and allowed, and the moneys in each of said accounts shall be used for no other purpose; provided, that 14 if upon completion of either of said improvements there shall remain any unexpended balance in the corresponding Construction Account, such balance shall be transferred to the Sinking Fund Account. There shall be credited to the Sinking Fund Account all collections of the special assess- ments herein levied, and all accrued interest received upon delivery of said bonds. The moneys in said account shall be held and used only for the payment of the principal of and interest on said bonds as such payments become due. The full faith and credit of the Village shall be and are hereby pledged to pay said bonds and interest, and the princi- pal and interest thereof shall be paid out of any funds in the treasury, if the moneys on hand in said sinking fund ac- count are at any time insufficient to meet the payment of maturing principal and interest." 2. Paragraph 4 of said resolution shall be deleted. 3. Paragraph 5 of said resolution shall be amended to read as follows: 1'5. In anticipation of the collection of said special assessments, and for the purpose of borrowing money to pay the cost of making said improvements, the Village shall forthwith issue and deliver to the purchaser thereof its negotiable coupon generalcbligation Street Improvement Bonds of 1951, to be payable primarily from said 1951 Street Improvement Fund. Said bonds shall be dated November 1, 1951, shall be 149 in number and numbered from 1 to 149, inclusive, each in the denomination of X1000, except for bond No. 1, which shall be in the denomination of 4500, shall bear interest at the rate two semiannuallytonnMayrlths per cent (2.70%) per annum, payable and November 1 of each year, and shall mature serially, lowest numbers first, on May 1, in the amount of 413,500 in 19530 41,4,000 in 1954, 415,000 in each of the years 1955 through 1959, X14,000 in 1960, 415,000 in each of the years 1961 and 1962, and $2,000 in 19632 all without option of prior payment. The principal of and interest on said bonds shall be payable at the main office of the Northwestern National Bank of Minneapolis, in Minneapolis, Minnesota, and the Village hereby agrees to pay the reasonable eiand pt an d customary charges of such paying agent r the disbursement thereof." 4. The recital paragraph of the bond form contained in paragraph 6 of said resolution shall be amended to read as follows: "IT IS HEREBY CERTIFIED, RECITED, COVENANTED AND AGREED, that all acts, conditions, and things required by the Constitution and laws of the State of Minnesota to be done, to exist, to happen, and to be performed preliminary to and in the issuance of this bond in order to make it a valid and binding general obligation of said Village 15 according to its terms have been done, do exist, have hap- pened and have been performed as so required; that the Village has duly contracted for the making of said improve- ments and will cause the same to be completed with the funds made available by this issue; that said 1951 Street Improve- ment Fund has been duly created and provision made for the support thereof by special assessments heretofore levied and to be levied for the years and in aggregate amounts at least five percent (5f) in excess of sums sufficient to pay the interest hereon and the principal hereof as they res- pectively become due, and general ad valorem taxes, if needed to pay the principal of or interest on this bond, may be levied upon all taxable property in the Village without limitation as to rate or amount; and that the issuance of this bond did not cause the indebtedness of said Village to exceed any constitutional or statutory limitation." 5. Paragraph 9 of said resolution shall be amended to read as follows: 119. The Village Clerk is hereby authorized and directed to file a certified copy of this resolution with the County Auditor of Hennepin County, together with such other informa- tion as he shall require, and to obtain from said County Auditor a certificate that said bonds have been entered on his bond register." Mayor Attest: Clerk The motion for the adoption of the foregoing resolution was duly seconded by Member Putnam, and upon vote being taken thereon, the following voted in favor thereof: Pinch, Putnam, Reiss, Stark, Stasel, and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted, and was signed by the Mayor, which was attested by the Clerk. Discussion centered on the request of the County Sheriff's office and the City of Minneapolis police to establish a pistol target range directly east of the sheriff's radio station. '• Mr. Tony Hammel stated that a formal agreement could be drawn t up by the Minneapolis City Attorney and Stanley Kane to cover various points on the construction and operation of the range. Motion by Putnam seconded by Stark carried to grant approval to the Minneapolis Police Department and the County Sheriff's office to establish a pistol target range on the public property just east of the Sheriff's radio station, and that plans for the construction of the range be submitted to the Council for approval prior to beginning construction. 16' The mayor announced that the meeting was now open for a public hearing on the request of Andrew Kindem to rezone the east 800 ft. of the north 43 rods of the SW4, Section 19, Town 29, Range 24, from open development to commercial district. This property is directly across the street from The White House Cafe. The clerk presented an affidavit of publication of notice of public hearing published in the North Hennepin Post October 18, 1951• Letter of Novem- ber 6 from the Planning Commission was read in which it was indicated that the Planning Commission had recommended that the request for rezoning by Mr. Kindem be denied, but that consideration should be given to the question of re- zoning other properties in the future. Mr. Lee Schreiner, attorney for the owner of the property, urged the rezoning, saying it was ideal for commercial or community store district. Messrs. Fred Holzaphel, Borchert, Kralle, Huebsch and Schwartz spoke in opposition to the rezoning. Petition in opposition to the rezoning was presented with. approximately 124 signa- tures. A large delegation from Glendale and nearby areas was present. Mr. Putnam was excused from the meeting due to an emergency in his family. Before leaving he presented a written statement which, in part, suggested that an advisory vote be taken at the village election on December 4 as to whether or not additional land in Golden Valley should be rezoned to community store and commercial districts. Motion by Stark seconded by Pinch carried to confirm the Planning Commissions recommendation in denying the request of Mr. Kindem and to continue the area in question as open development district. Dr. Holzaphel stated that he was in favor of the statement in Mr. Putnam's letter that considera- tion be given the possibility of requesting an advisory vote for future action on rezoning other properties to commercial or community store districts. The mayor announced that the meeting was now open for hearing on the request of Ehaco, Inc. to rezone the north- west corner of Golden Valley Road and Noble Avenue to com- munity store district. An affidavit of publication was pre- sented for notice of public hearing published in the North Hennepin Post on October 18, 1951• Mr. Paul Enghauser, representing Enaco, Inc., stated that the request was for a community store district and that varied types of stores would be built sometime in the future after the neighboring properties had been developed. Mr. Perry Moore, attorney representing a number of people opposing the request, pre- sented a petition having about 100 signatures and spoke in opposition to the rezoning request. He read a letter from attorneys representing the owners of property at Noble Avenue and 36th Avenue N. stating their intention to erect a shopping center at that corner as soon as federal re- strictions permit. Mr. and Mrs. Dudley Hall, Mrs. Wines, and Mr. Bernsten spoke in opposition to the request. Motion by Reiss seconded by Pinch carried to deny the request for rezoning of the northwest corner of Golden Valley Road and Noble Avenue from open development to community store district. Item 2 of the November 6 letter from the Planning Com- mission was read regarding the request of Enaco, Inc. to construct an office building on the northeast corner of the Belt Line and Olson Highway which would come to a point 176.6 ft. east of the main -travelled right of way of the Belt Line. The Commission recommended this request be denied on the basis that it violates an ordinance passed March 30, 1948, which stipulates that no buildings should be placed closer than 300 ft. from the east line of the main -travelled right of way of the Belt Line. Mr. Paul Enghauser was present and explained the request. Motion by Pinch seconded by Reiss carried to sustain the Planning Commissionts recommendation that the request for the location of an office building at this particular location be denied. Trustee Stark voted NO. Building department reports for the month of October were read as follows: Building 25 permits Owners' valuation 4206,627 Plumbing 44 permits Owners' valuation 25,925 Electrical 47 permits Owners' valuation 12,065 The proposed increase in the insurance rate for the Village Hall was discussed. Terzich was instructed to ob- tain comparative costs of co-insurance and straight insurance from Mr. Moes. Terzich reported on the check of adequacy on the petition to blacktop the remaining portion of Toledo Avenue south of Golden Valley Road, stating that 72.2% of the front footage was signed for. The petition was referred to the village engineer for preliminary surveys. The daily reports from the police department were pre- sented for review by the Council. After some discussion of the reports, Council concurred that members of the Council rotate in making a summary of these reports each month for presentation at the following Council meeting. Mr. Joseph Scheid presented plats for Scheid's Terrace and for another subdivision on the south side of Golden Valley Road west of Spring Valley Road. Planning Commission letter of October 15 was read indicating that the Commission had given preliminary approval for Schied's Terrace on the north side of Golden Valley Road, and that the plat for the proposed addition on the south side of Golden Valey Road be corrected so that Frontenac Avenue would be a minimum of 60 ft. in width. Mr. Scheid presented a corrected plat of the proposed addition on the south side of Golden Valley Road with Frontenac Avenue having a 60 ft. right of way. Discussion centered on the desirability of obtaining a clear right of way at the intersection of Spring Valley Road and Golden Valley Road by acquiring a small triangular parcel presently owned by Mr. Pankonie. Mr. Putnam was designated to contact Mr. Pan- konie to obtain a figure on the cost of the property and to report this matter to the Council at its next meeting. Motion by Reiss seconded by Stark carried to grant pre- liminary approval to Scheidfs Terrace and to the proposed addition on the south side of Golden Valley Road, subject to final determination of street names; the acquisition of easements from Dr. Samuelson and Mr. Ranson on right of way property on the east side of Spring Valley Road to provide a full 60 ft. right of way where only a 45 ft. right of way is now provided and one point where only 30 ft. is now pro- vided; presentation of a profile of the roads and compliance with other subdivision requirements. Mr. Stan Anderson and Mr. Beling, living on Lee Avenue near 34th Avenue, requested some Council action in their behalf to require Crystal to fill in the dump property on the north side of 34th Avenue. It was agreed that the mayor would write a letter to the mayor of Crystal requesting their immediate action in filling in this pot hole. If Crystal fails to do so, the village engineer was instructed to open the culvert running under 34th Avenue to allow the drainage of water from the area in question. Mr. Minder stated that he wished to go on record that opening of the culvert will not aid the basement problem of Messrs Anderson and Belding and that it would harm other residents living along Lee south of 34th Avenue. Report from the police chief was read on the meeting he attended in Edina on October 25 regarding traffic safety and speed zoning on the Belt Line. The report indicated no particular speeding problem on that portion of the Belt Line going through Golden Valley. The Council discussed the matter of having an audit of the village records by the firm of Lonegren, Brackett and Freeman, who conducted the last two-year audit of the village records. Motion by Pinch seconded by Reiss carried to authorize the firm of Lonegren, Brackett and Freeman to pro- ceed with the audit of the village records for 1951 for a fee of not more than 4550, as indicated in a letter from Mr. Lonegren dated July 5, 1951. Motion by Reiss seconded by Pinch carried to grant ap- proval to the request of Northern States Power Company to erect one pole on Ridgeway Road south of Harold Avenue, per plan on file. Motion by Pinch seconded by Reiss carried to authorize Terzich to purchase a glass -enclosed cab for the tractor loader from the Ziegler Company. Motion by Pinch seconded by Reiss carried authorizing Terzich to check on the availabity of a screen or grizzly 19 to be used in the gravel pit and authorizing him to purchase a screen or grizzly if the cost is less than 4500.00. Terzich informed the Council that the polling place at Meadowbrook School in the basement of the old school build- ing was now being used as a classroom, but that the gymnasium in the new school would be available at election time. Motion by Reiss seconded by Stark carried to change the polling place from the basement of the old school building to the gymnasium of the new Meadowbrook School, and to place a sign to this effect at the old school building on election day. The council discussed briefly the proposal by the Gas Company to adopt a new ordinance covering gas appliances. The matter was referred to the village attorney for further study. Mr. Minder reported verbally on the request of some residents along Major Avenue near Culver Road for the installa- tion of drain the to lower the water table in that area. Mr. Minder stated that such a drain could run to Noble Avenue or easterly to June Avenue, and that the estimated cost would be approximately $10,000 subject to a more detailed survey. It was also indicated that a petition would be required be- fore work could proceed on this matter. Motion by Reiss seconded by Stark carried to approve the following bills in the total amount of Fp15,262.66: 4263 Everett Frandsen 117.20- 4264 Al McGinnis 125-56- 4265 Glenn Rye 119.22- 4266 Alois J. Stein 121.92` 4267 Arno Denzin 127.96- 4268 Donald Mullaney 127.53 4269 Lawrence J. Robillard 50.05- 4270 Marvin Schuller 140.23, 4271 Joseph Silitz 7.27.44 4272 B. A. Shuttleworth 25.00, 4273 Edwin Haeg 15.827 4274 Nels Johnson 36.41L 1,4275 Mary Raymond 78 27 M 4276 Louis Terzich 169.204 4277 Federal Reserve Bank 240.30'7 4278 Val Bjornson, Treas. 109.78' 4279 Park Construction Co. 1469.00t, 4280 Jack Welch Construction Co. 10001.41 4281 Post Publishing Co. 13.80 5 4262 J. A. Curtis 73.89 " 4283 Northern States Power Co. , 4284 N. W. Bell Telephone Co. 35.55 4285 Downtown Chevrolet Co. 306.36k 4266 Standard Oil Co. 239-561, 20 4287 Ohio Chem. & Surg. Equip. Co. 2.50 ,, 4288 North Western -Hanna Fuel Co. 23.97" 4289 Lyle K. Larsen 286.11u 4290 Crown Iron Works 18.00,, 4291 Glenn Johnson Contracting Co. 137.80, 4292 Wm. H. Ziegler Co., Inc. 56.05' 4293 Hicklings Hardware 1.80M 4294 Century Washed Sand & Gravel 53.90,, 4295 W. A. Moes 92.67,,, 4296 Harry Hamman 147-94,, 4297 Lester L. Elstad 133.80., 4298 Joslyn Mfg. & Supply Co. 56.60, 4299 Graybar Electric Co. 136.25 4300 Void 4301 City of Minneapolis 128.66 4302 Anna Etzler 17.3 4303 H. V. Johnston Culvert Co. 60.45 Orders No. 4251/4262 and 4263/4280 above were issued for payment. Motion by Stark seconded by Reiss carried to adjourn to the November 20 meeting. Mayor Attest Clerk J 1