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04-20-54 City Council MinutesIT REGULAR MEETING of the Village Council April 20, 1954 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 in the Village Hall on the 20th day of April, 1954, at 7:30 B.M. The following members were present: Bies, Foss, Huebsch, Rahn, Stark; and the following were absent: None. The Mayor called the meeting to order at 7:30 o'clock P.M. MOVED by Rahn seconded by Stark carried that the reading of the minutes of April 6th, 1954, be dispensed with and said minutes stand approved as submitted to each member of the Council prior to this meeting unless some member of the aud- ience wishes them read. (The minutes were not read.) MOVED by Rahn seconded by Foss carried that the reading of the minutes of the Special Meeting held on April 13th, 1954, be dispensed with and said minutes stand approved as submitted to each member of the Council prior to this meeting unless some member of the audience wishes them read. (The minutes were not read.) Rea Sanitary Sewers: The Mayor requested that the Admministra- tive Assistant read a letter dated April 19th, 1954, from the Minnesota Department of Health. Said letter was ordered plac- ed on file. After said reading the Council agreed that a Special Meeting would be held on April 27th, 1954, for the pur- pose of discussing sanitary sewers. (The Special Meeting was not held.) Opening of Bids, Radio Communications: The Village Clerk pre- sented an affidavit of publication of notice of intent to pur- chase a radio communications system suitable for use by the Golden Valley Fire Department for the purpose of communicating between three fire apparatus according to specifications ap- proved by this Council on April 6th, 1954• Said affidavit was examined, approved and ordered placed on file. The Mayor announced that this is the time and the place for opening and consideration of sealed bids for the purchase of said radio communications equipment in accordance with the notice of advertisement for bids published by the Clerk and heretofore presented to t his Council. The Clerk presented to the Council four (4) sealed bids sub- mitted in the course of said notice. Said bids were then open- ed, publicly read and considered. Said bids were found to be as follows: MOVED by Rahn seconded by Stark carried that the bids be tab- led for the purpose of study by Members Rahn and Stark, said members to report their findings and recommendations to this Council on May 4th, 1954• Public Hearing, Rezoning, Request of Mollen: The Village Clerk presented an affidavit of publication of notice of public hear- ing to be held at this time and place regarding the zoning of a parcel of land as described in said affidavit from Open De- velopment to Commercial (New Zoning). Said affidavit was ex- amined, approved and ordered placed on file. The Mayor announced that this was the time and the place for the public hearing above referred to. All persons present who desired to do so were afforded opportunity to express their views thereon, as follows: Name of Objector Nature of Objection Mr. M. L. Huisinger Mr. Huisin�er stated that he did not 9135 Sixth Avenue No. want his property, lying in the area under consideration, zoned Cornmercial at this time, and suggested that the Village use the triangle formed by T. H. #55, Sixth Avenue North and En- sign Avenue as a park area. Name of Bidder Total Purchase Cost Total Lease Cost 8920 Sixth Avenue No. R C A Victor 0`2,439.22 X95.32 per mo., dered by T. H. #55, Ensign Avenue and 043.22 Inst. cost Sixth Avenue North used as a park but N. W. Bell Tele. None $1,008.00 annually Motorola, Inc. $2,454.21 $42.50 per mo., arty Commercial on the grounds it y$220.00 inst..cost would devaluate his property. General Electric 02,624.00 None 521 Ensign Avenue No. had constructed his home Mr. Joseph or $2,385.00 None MOVED by Rahn seconded by Stark carried that the bids be tab- led for the purpose of study by Members Rahn and Stark, said members to report their findings and recommendations to this Council on May 4th, 1954• Public Hearing, Rezoning, Request of Mollen: The Village Clerk presented an affidavit of publication of notice of public hear- ing to be held at this time and place regarding the zoning of a parcel of land as described in said affidavit from Open De- velopment to Commercial (New Zoning). Said affidavit was ex- amined, approved and ordered placed on file. The Mayor announced that this was the time and the place for the public hearing above referred to. All persons present who desired to do so were afforded opportunity to express their views thereon, as follows: Name of Objector Nature of Objection Mr. M. L. Huisinger Mr. Huisin�er stated that he did not 9135 Sixth Avenue No. want his property, lying in the area under consideration, zoned Cornmercial at this time, and suggested that the Village use the triangle formed by T. H. #55, Sixth Avenue North and En- sign Avenue as a park area. Mr. E. S. Patten Mr. Patten.stated that there are 15 8920 Sixth Avenue No. or 20 homes involved and that all home owners wanted the small triangle bor- dered by T. H. #55, Ensign Avenue and Sixth Avenue North used as a park but that they did not want said park used by children. Mr. Patten further stat- ed his objections to zoning said prop - arty Commercial on the grounds it would devaluate his property. Mr. Carl W. Miller Mr. Miller stated that at the time he 521 Ensign Avenue No. had constructed his home Mr. Joseph n,o Mollen had promised that the land own- ed by Mr. Mollen would always,be used for residential purposes, and that he opposed zoning said area from Open Development to Commerical. Upon ques- tion Mr. Miller stated that his home, at the address stated, was up for sale. Mr. L. G. Invie Mr. Invie inquired as to the weight 433 Ensign Avenue No. given by the Council to the petition signed by persons owning 17 homes lo- cated near the area under consideration, said petition objecting to the pro- posed rezoning. Mr. Invie stated that he wanted the small triangle referred to above used as a park and that an appraiser had devaluated the property of him and his neighbors from $ls000.00 to $1500.00 per home should a filling station be constructed in the triangle formed by T. H. #55s Sixth Avenue North and Ensign Avenue North. The Mayor then opened the discussion for those in favor of'said rezoning. Mr. George Hedlund, attorney, stated that he repre- sented Mr. Joseph Mollen, owner of the property bounded by T. H. #55s Sixth Avenue North and Ensign Avenue North. Mr. Hedlund stated that the Planning Commission had given serious consideration to this problem and that this was the second time that said commission had recommended that it be zoned to Com- mercial use, and that his client, owner of the property, want- ed the right to sell the property for Commercial use. Mr. Hed- lund further stated that his client would not permit the use of the property by any business which the Village Council felt would unreasonably devaluate the property of neighboring home owners and requested that said home owners register their ob- jections to particular businesses with his client. Mr. Hedlund further stated that his client had not received the amount of money requested from the State Highway Department on the grounds that the State Highway (T. H. #55) had created "natural" Com-riercial property. Mr. George Mollen stated that he was the son of Mr. Joseph Mollen whom Mr. Hedlund represented, and stated that the only possible way his father could dispose of the small triangle was as Commercial property. Mr. Kane stated that his understanding of condemnation proceed- ings was that the State Highway Department reimbursed property owners when all or a substantial portion of their property was taken. Member Stark stated that park property was donated to the Village and never purchased. The Mayor then stopped discussion from the floor and asked the Council to consider the matter sitting as a Council. Member Rahn stated that zoning the area under consideration to Commer- cial was forestalling an eventuality and that said property 'would surely be zoned to Commercial use in later years, Mem- ber Rahn further stated that zoning the property Cormnercial now would result in lesser harm to nearby home owners than if it were so zoned several years from the present date. MOVED by Rahn,seconded by Stark carried to give a first read- ing to an ordinance entitled, "AN ORDINANCE AMENDING 'THE ZON- ING ORDINANCE OF GOLDEN VALLEY' BY ESTABLISHING A CERTAIN COM- MUNITY STORE DISTRICT". Upon vote being taken on the above motion Members Bies, Foss, Huebsch, Rahn and Stark voted in Favor thereof and the following voted against the same: None; whereupon the Mayor declared the motion carried. Mr. James Asch, re: Jersey Avenue: Mr. James Asch presented his arguments in favor of the Council ordering the improvement of Jersey Avenue North between the intersection of Sixth Avenue and T. H. #55 by grading and graveling. Mr. Asch made refer- ence to and discussed his letter of April 12th, 1954; concern- ing the above matter, said letter being on file in the Office of the Village Clerk. MOVED by Stark seconded by Bies carried that the Council order that the improvement of Jersey Avenue North be included in the procedural requirement of public hearing to be held in conjunc- tion with 1954 street improvements. Report of Engineer, re: Bassettfs Creek Bridge: The Village Engineer recommended that the Council accept preliminary plans for the location, construction and grade of the bridge to be constructed by the State Highway Department over Bassett's Creek where said creek intersects T. H. #55. MOVED by Stark seconded by Bies carried unanimously to adopt a resolution en- titled, "RESOLUTION APPROVING PRELIMINARY PLANS FOR THE LOCA- TION, -CONSTRUCTION AND GRADE OF STATE HIGHWAY BRIDGE NO. 6863 (BASSETTiS CREEK AND T. H. # 55 SERVICE ROAD)". See Resolu- tions Book Rage No. 73 . Second Reading, "No Spiking" Ordinance: MOVED by Rahn seconded by Stark that an ordinance entitled, .AN ORDINANCE AMENDING 'AN ORDINANCE LICENSING AND REGULATING THE SALE OF INTOXICATING LIQUORS, REPEALING INCONSISTENT ORDINANCES AND PROVIDING FOR A PENALTY FOR THE VIOLATION THEREOFf BY PROHIBITING SPIKING" not be given a second reading and that the entire matter be tabled indefinitely. Discussion was then held on the above motion. Mayor Huebsch stated that at the meeting of April 6th he had intended the ordinance to apply to spiking on Sundays. Member Rahn stated that he was opposed to any "No Spiking' ordinance because of the. difficulty of enforcing such an ordinance. Member Stark stated that if the Council adopted any "No Spiking" ordinance it should apply to all places within the Village on Sunday and every other day of the weep and that he wanted real "teeth" in the ordinance with the patron as well as the management subject to penalties should the ordinance be violated. A member of the Council suggested that the matter be submitted to the voters at the regular December election. The Village Attorney stated that the Village has a representative govern- ment and that he knew of no authorization for this type of election, and that such elections were held where the "town meeting" form of government was in effect. Rev. John Marshall Newton, Pastor of the Golden Valley Metho- dist Church, stated that he and his congregation were particu- larly opposed to spiking on Sundays in restaurants holding in- toxicating liquor licenses, and stated that provision should be made for penalizing both the patron and the operator should a "No Spiking" ordinance be adopted. Mr. Earl Peterson, 1300 Nelly Drive North, stated that one op- erator of a restaurant holding an on -sale intoxicating liquor license had stated that it was impossible to stay open on Sun- day and run a "dry" inn. Mr. Peterson further stated that he and his neighbors came to these meetings with the interest of their children at heart and did not come here with a financial interest, and that every church that had come here had come in in solid agreement against staying open on Sundays and were now in agreement that spiking should not be permitted on Sun- days. Mayor Huebsch stated that such an ordinance would be a state- ment of policy which would be heeded by the public and by the management of such places of business. After continued leng- thy engthy discussion it was MOVED by Stark that the Village Attorney be instructed to incorporate the instant discussion into a draft of an ordinance to be presented to this Council on May l..}-th, 1954. The Council agreed to the above motion. The Village Attorney stated that he had made sufficient notes which would enable 'qim to incorporate the ideas on which the Council had agreed into such an ordinance. Thotland Addition Final Approval: The Village Engineer re- ported that he had inspected the streets which have beencon- structed by the developers of Thotland Addition and that they met grades heretofore approved and established, and that said streets met or exceeded Village specifications except for com- paction. The Village Engineer recommended that the Village Council accept said streets contingent upon the posting of a bond equal to -the sum of X1,000.00 to run for one year after - this date, said bond to guarantee maintenance of streets for a period of one year, the purchase and posting of street signs to comply with Village specifications, adequate compaction of streets, and the correction of any drainage problems existing or arising during the period said bond is in effect. MOVED by Rahn seconded by Bies carried to accept the final plat of Thotland Addition contingent upon the posting of a bond in the sum of $1,000.00 guaranteeing compaction of streets to the satisfaction of the Village Engineer, installation of street signs, and other matters required by Village subdivision re- quirements, and further that a certain drainage easement be accepted and shown on the plat of said addition and that the Village accept the deed to that portion of Thotland Road run- ning between the right of way of T. H. #100 to the intersec- tion of said road with the west boundary of said plat and that the Mayor and the Clerk be authorized to affix their signatures to said plat. The Administrative Assistant advised that the. owners of land included in the plat had submitted a sufficient petition for the construction of sanitary sewer laterals. Merribee Hills Second Addition Preliminary Approval: MOVED y SEark seconded by Bies carried to grant Mr. Elmer Crowl, de- veloper of Merribee Hills Second Addition, preliminary approval of said plat based upon the preliminary drawings submitted by said developer and on file in the Office of Village Clerk. Re: Commercial Building Permit, Berenson: Mr. Berenson on ques- tion stated that he had not advised the Administrative Assist- ant of his desires in the matter, whereupon he was instructed to submit necessary data for presentation to the Council at. its next meeting. Improved Forms of Village Government: The Mayor stated that he would like to have the Council consider and discuss the a- doption of a different form of Village Government. The -Council instructed the Administrative Assistant to obtain data from the League of Minnesota Municipalities on all types of Village Government. The Mayor announced that the Council would discuss this data at the regular meeting of May 4th, 1954. Resolution Requesting the County Surveyor to Check Plats Before Final Approval: MOVED by Foss seconded by Rahn carried to a- dopt a resolution entitled, "RESOL_UTION REQUESTING CHECK. OF SUBDIVISION PLATS BY THE COUNTY SURVEYOR." See, Resolutions Book Page No. yam. Resolution Requiring the Construction and Erection of Subdivi- sion Monuments: MOVED by Foss seconded by Rahn carried to'a- dopt a resolution entitled, "RESOLUTION RE(OIRING THE CONSTRUC- TION AND ERECTION OF SUBDIVISION MONUMENTS". See Resolutions Book Page No. �. Second Reading, Rezoning Ordinance, Request_ of Conry: MOVED by seconded by Bies carried to give a second reading to an ordinance entitled, "AN ORDINANCE AMENDING 'THE ZONING OR- DINANCE OF GOLDEN VALLEY' BY ESTABLISHING A CERTAIN COMMERCIAL DISTRICT", to be designated "Industrial" under the new zoning ordinance. M, MOVED by Rahn seconded by Foss carried to approve the above ordinance quoted by title on its second reading and to order publication thereof. See Ordinance Book Page No. 1Bo. Police and Justice Reports: Member Foss requested that the Council defer his analysis of Police and Justice Reports. Re: Comprehensive Zoning Ordinance: The Village Attorney re- ported on his progress in causing the codification and print- ing of the Comprehensive Zoning Ordinance. The Mayor declared the matter placed on the agenda for the meeting of May 4th, 1954• The Administrative Assistant presented the recommendation of the Village Attorney dealing with an amendment to the Compre- hensive Zoning Ordinance which would delete reference to farms. The Attorney was instructed to prepare an amendment dea3ing`61 with such matters for submission to the Council at the meeting of May 4th, 1954• Re: Billboards: The Attorney stated that he will give the Council a written opinion regarding the constitutionality of its policy on billboards within the next few weeks. The Mayor ordered the matter deferred until the meeting of May 4th, 1954. Correction of Special Assessments, Fund X16: MOVED by Rahn . seconded by Foss carried that the Village Attorney be instruct- ed to write a letter to the County auditor asking that the 1952 street improvement fund #16 be cancelled insofar as the balance of the assessment of the property owner of Lot sand 3, Block 20, Winnetka Addition,,Plat #36860, Parcells ;7975 and ;8025 and that the Administrative Assistant be instructed to refund the amount of �,A57.30, to the owner of said property on the grounds that said special assessment was incorrectly levied, and the record corrected. Constable Varner, re: Parking and Special Charges: a. The Administrative Assistant was instructed to cause notice to be placed on the bulletin board requesting persons attending Council Meetings and other meetings in the Village Hall to refrain from parking in front of the Waldron Drug Store, 7821 Sixth Avenue North. b. Constable Varner presented a verified account in blank requesting that he be paid for services performed at the "White House" fire on April 41 1954, and that the Village pay him for other duties performed as Constable. Constable Varner was in- structed to get in touch with Mr. Rahn in order that said char- ges and matters may be worked out to the mutual satisfaction of the Village Council and Constable Varner. Mr. Stanley Kane, Village Attorney, was instructed to confer with Mr. Rahn and Mr. Varner on the above matter. Member Stark stated that it has been the policy of the Council 1 1 1 1 I. in the past not to pay Constables for services which should or could be rendered by the regular civil service police de- partment. Rea Salarg of Administrative Assistant: MOVED by Foss second- ed by Rahn carried to increase the salary of the Administrative Assistant to $6,000.00 per annum, plus car expenses in the amount of y?50.00 per month, retroactive to April 1, 1954, said car allowance not to exceed ,,;50.00 per month on the basis of 7.5/ per mile. The Administrative Assistant was instructed to record his mileage for the next two months. Re: Proposed Bank, Real Estate Office and Post Office: Member Stark presented additional data regarding plans for.the con- struction of a community post office, real estate office and bank to be located ori Winnetka Avenue between Sixth Avenue North and T. H. #55. The Council instructed Member Rahn to write,,a.letter to Mr. Walter Stepnitz, 1515 Larpenteur Avenue, St. Paul., Minnesota, NEstor 7831, expressing the favorable at- titude of the Village Council towards such a development. Re: Village Engineer, Transportation: The Council discussed transportation for the Village Engineer and his engineering crew. The Administrative Assistant and the Engineer were in- structed to present alternative plans and specifications for the purchase of a panel vehicle to this Council at the earliest practicable time. Re: Appointment of Auditor's, 1954: MOVED by Rahn seconded by Stark carried to appoint 'the auditing firm of L?onegran, Brackett and Freeman as Village auditors for the year 1954, it being understood that said auditing firm will come in at the and of each 6 months period to audit the Village books, the total cost of each yearly audit not to exceed 8750.00. Member Rahn stated that Lonegren, Brackett and Freeman had submitted a bill in the sum of `1,301.00, but that Member Rahn on discussion with said firm has caused the bill to be reduced to $875.00. Bills: MOVED by Foss seconded by Bies carried to approve the following bills in the total amount of $4,958.81 6822 through 6840 Payroll 6841 Post Publishing Company 6842 City Treas., City of Minneapolis 6843 Ed Ryan, Sheriff of Henn. Co. 6844 J. -A. Curtis 6845 Minn. F. W. D. 6846 Peter Kuiper 6847 Hoff Rubber Stamp Company 6848 Farnham's 6849 Standard Oil Company 6850 Thompson Lumber Company 6851 Shell Oil Company X2,111.73 17.00 31.50 14.00 21.50 187.17 15.03 6.50 606.14 48.00 39.47 65.77 j 6852 Hicklingts Hardware 170-39\- 6853 Mine Safety Appliance 135.05 6854 Northern Automotive Co. 5..00 6855 Lyle K. Larsen 125.10 6856 Rosenwald -Cooper 4P.25,, 6857 R i chard I s Oil Company 69.36 6858 J. B. Sebrell Corp. 28.10,j\ 6859 Minneapolis Oxygen Company 472.37 � 6860 Blacktop Service Company 19.90 6861 Adler Steel Products 8.00 e 6862 Minn. Sand and Gravel 19.89 6863 Wm. H. Ziegler Co. 3.17 v 686. Forman -Ford Company 9.26, 6865 J. N. Johnson Co. 110.00 6866 W. A. Moes 17.32 " 6867 Minneapolis ?blueprinting Co. 479.52 6868 H. A. Rogers Company 18.70 6869 St. haul Stamp Works 6.62 �42933.81 MOVED by Foss seconded by Rahn carried that the meeting adjourn. Mayor Attest: _ ��C/. A44 Clerk -- —