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01-18-55 Council MinutesREGULAR MEETING of the VILLAGE COUNCIL January 18th, 1955 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 in said Village on January 18th,, 1955, at 7:30 olcbck P.M. The following members were present: Bies, Foss., Huebsch, and Rahn. The following member arrived at 7:50 o'clock P.M: Member Stark. The Mayor called the meeting to order at 7:30 o'clock P.M. MOVED by Rahn seconded by Bies carried that the reading of the minutes of the meeting held on January 4th, 1955, be dispensed with and that said minutes be 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.) Public Hearing: Application for Off -Sale Intoxicating Liquor license, The Valley Corporation: The Mayor announced that these proceedings were in the nature of a public hearing regarding said application for an off -sale intoxicating liquor license. The Mayor asked persons in favor of the issuance of said license to address the Council, Mr. John V. Knight stated that he represented the Valley Corporation and that his company wished to advise the Council and the public that the applicant for the license is the "Valley Corporation" and not Knight's Pharmacy, that the Valley Corporation and Knight's Pharmacy are two separate businesses, that the off -sale liquor business would be wholly separate from Knight's Pharmacy, and that to reach either business it will be necessary for customers to enter through separate outside entrances. The Mayor then asked persons opposed to the issuance of said license to address the Council. 2bj!jctor objection Mr. Roy Johnson Mr. Johnson stated that it was the opinion 1049 Orkla Drive of himself and his neighbors that the C) Village at the present time has more off - sale liquor establishments than the demand warrants. Mr. Johnson presented a writing in the nature of a petition 1 said writing requesting that ". . . the Council deny the application of an off - sale liquor license made by Knight's Pharmacy., convinced that it is undes- irable for the true welfare of our community, we are opposed to the grant- ing of further licenses for off -sale liquor in the Village of Golden Valley". Said writing was signed by approximately 129 persons. Mr. Robert G. Olson Mr. Olson stated that on the basis of 401 Utah Avenue So. its population the Village of Golden Valley has more off -sale liquor establish- ments than neighboring communities, and that he and the persons he represented favored a municipal liquor store for Golden Valley. The Mayor then closed the meeting to the public. Member Rahn read from the minutes of June 16th, 1953s it appearing from said minutes that this Council had granted an off -sale liquor license to a Mr. Blair Merwin for the same premises now occupied by the Valley Corporation but before said premises were constructed. Member Rahn stated that in view of the above facts, the Valley Corporation should be entitled to the same courtesy extended Mr. Merwin because there was no impeachment of the character or credit of the Valley Corporation. MOVED by Rahn that an Off -Sale Liquor License be granted to the Valley Corporation, provided that said corporation agree that liquor would never be sold from the premises of the drug store. The Mayor called for a second and hearing none, declared the motion lost for want of a second. On request by Member Stark, the Council then took up the next matter of business., without deciding the above issue. Public Hearing, Rezoning, Request of Enoch Anderson: (see minutes of July 20th,, 19-54.) The Village Clerk presented an affidavit of publication of notice of public hearing to be held at this time and place regarding the zoning of a parcel of land described in said affidavit from Open Development to Community Store (designated Commercial in the proposed new Comprehensive Zoning Ordinance of the Village). Said affidavit was examined, approved, and ordered placed on file. The 1 RI M"If F-%L9J Administrator advised the Council that the Planning Commission had recommended that said area be zoned from Open Development to Community Store prior to July 20th, 1954• The Mayor announced that this was the time and place for the red r public hearing above referred to. All persons,ta'�ivddesired to do so were afforded an opportunity to express their views thereon, The Mayor asked the proponents of said rezoning to address the Council. Mr. Enoch Anderson advised the Council that he owned the premises described in the affidavit of publication and stated that the Socony-Vacuum. Oil Company desired to construct a gasoline service station on the premises and called upon Mr. Kain of the law firm of Ryan, Kain and Mikan to explain the proposed use of the property to the Council. Mr. Kain presented a drawing which showed that the contemplated use of the property included areas not included in the legal description in the affidavit of publication, said properties belonging to Mr. Dormanen and Mr. Kaine, respectively. Mr. Leonard Wa'alberg, representative of the Socony-Vacuum. Oil Company, located at 2540 Como Avenue West, St. Paul, stated that his company intended to build a $20.,000.00 to $22,000.00 structure on the premises, not including a drug store. The Mayor inquired as to whether or not there were other persons present in the audience who wished to speak in favor of the rezoning, Mr. Theodore Dormanen and Mr, James Kaine, respectively, addressed the Council and stated that they were in favor of the rezoning of their properties to Community Store use. The Mayor then announced the Council would hear objections, if any there be, to the proposed rezoning. The following persons advised the Council that they were opposed to the rezoning on the grounds that it would devaluate their properties. Mr. A. C. Anderson Mr. Arthur "Wright 5349 Golden Valley Road 1411 North Lilac Drive Mr. & Mrs. Earl Fay Mr. T. R. Bogucki 1420 North Lilac Drive 1438 North Lilac Drive .1 GI Mr. Lyle Larsen 7430 Wayzata Boulevard Mr. Erwin Woehning 5331 Golden Valley Road Mr. Pratt 5330 Golden Valley Road Mr. Berg 1630 North Lilac Drive The Administrator read a letter from Mr. George E. Klouda, 5311 Golden Valley Road, dated January 16th, 1955, said letter protesting the proposed rezoning. The Mayor -then closed the hearing to the public and called for discussion among the Council. MOVED by Stark to give a first reading to an ordinance zoning the property described in the affidavit of publication from Open Development to Community Store. The Mayor called for a second and hearing none, declared the motion lost for want of a second. MOVED by Foss seconded by Rahn carried that the matter of the zoning of the Enoch Anderson property and the adjacent properties of Mr. Dormanen and Mr. James Kaine be referred to the Planning Commission for study and recommendation. Upon vote being taken thereon all voted in favor thereof except Member Stark who voted "NO". Re: Off -Sale Liquor License: Valley Corporation: The Council again discussed the issuance of said liquor license. Member Rahn MOVED that an Off -Sale Intoxicating Liquor License be granted to the Valley Corporation, provided that said corporation agree that liquor would never be sold from the premises of the drug store. The Mayor called for a second and hearing none, declared the motion lost for want of a second. Ordinance: Re: Use of E. J. Longear Company MOVED by Stark seconded by Foss carried to give a first reading to an ordinance entitled, "AN ORDINANCE AMENDING THE ZONING ORDINANCE OF GOLDEN VALLEY WITH RESPECT TO HEIGHT RESTRICTIONS". MOVED by Foss seconded by Stark carried to approve the above ordinance quoted by title on its first reading. Plat: F & R Realty Company: The Village Engineer presented the plat of Dawn Acres and stated that said plat had been granted final approval by the Planning Commission. "k M Fir -I MOVED by Foss seconded by Stark carried that the plat of the F & R Realty Company known as "Dawn Acres" be accepted and that the Mayor and the Clerk be authorized to affix their signatures thereto, provided that the platter of said addition post a bond with the Village guaranteeing the grading, gravell- ing, and sub -dividing of the area comprising said plat, guaranteeing the -purchase of street signs, the addition of necessary culverts and/or drain pipes, storm sewers or catch basins for the correction of drainage, and the maintenance of said streets for a period of one year following date of acceptance, with addition of gravel where necessary. Final Acceptance, Plat, Woodlawn Park 2nd Addition: The Village Engineer presented the plat or Woodlawn Park 2nd Addition and advised the Council that said plat had been granted final approval by the Planning Commission. The Administrator stated that before final acceptance of this plat the Council should require Mr. L. Z. Carlson, owner of the property, to post with the Village a bond guaranteeing the construction and completion of Regent Avenue North between Culver Road and Lowry Terrace with bituminous or other type pavement, the maintenance of said street for a period 0 of one year from the date of acceptance, the purchase and installation of necessary street lights and signs, and all other action required by the Village sub -division requirements. (See minutes of July 20th, 19-5)4-) MOVED by Bies seconded by Stark carried that the plat of Mr. L. Z. Carlson, known as Woodlawn Park 2nd Addition, be accepted and that the Mayor and the Clerk be authorized to affix their signatures thereto, provided however, that the platters furnish the Village with a bond guaranteeing the sub -dividing, grading, and gravelling of the streets, the purchase of street signs, the addition of necessary culverts and/or drain pipe, storm sewer or catch basins for the correction of drainage, and the maintenance of said streets for a period of one year following date of acceptance with addition of gravel where necessary and provided that Mr. L. Z. Carlson furnish the Village with a letter requesting and agreeing to the levying of special assessments upon said property incurred by reason of the construction of sanitary sewer laterals, and further, provided that Mr. L. Z. Carlson furnish the bond required by this Council regarding Regent Avenue North. Plat, Courtlawn Addition: (See minutes of October 19, 1954s) The Administrator advised the Council that the Village Engineer had inspected the streets constructed in said addition and stated that said streets -met or exceeded Village requirements for street construction and that no drainage problems I existed. The Administrator further stated that Mr. Lester I Elstad, platter of said addition, had deposited with the Village a certified check in the sum of $200.00, said check guaranteeing the correction of any drainage problems which might exist, the purchase of street signs, and the maintenance of said streets for one year following this date. MOVED by Stark seconded by Foss carried that the plat of Mr. Lester Elstad, known as Courtlawn. 2nd Addition, be accepted and that the Mayor and the Clerk be authorized to affix their signatures thereto, and to accept said 4200.00 certified check for the reasons above stated, said check to be returned to Mr. Elstad one year from this date if all of said requirements have been met. Appeals on Special Assessments, Sanitary Sewer Improvement No. 1: (See minutes of January 4th, 1955-) The Administrator presented the following numbered appeals from special assessments levied by reason of Sanitary Sewer Improvement No. 1. No. 1: Mr. Alois J. Pankonie., 4517 Golden Valley Road. Mr. Pankoniels letter of January 3rd, 1955, was read and ordered placed on file. rt appeared from the record that Mr. Pankonie is assessed on the basis of 345 feet,_on Golden Valley Road, said 345 feet being an interpolation of 1'44 acres, in the total amount of $750.10. Mr. Pankoniets actual front footage on Golden Valley Road is in the amount of 480 feet minus. The Council instructed that the record show that at such time as Mr. Pankonie presents to the Planning Commission and the Council a tentative floor plan for the construction of a second dwelling on his premises,, the Council will give favorable consideration to a waiver of side lot and rear lot require- ments. No. 2: Mr. Harold L. Eckdahl, 2700 Noble Avenue North, Mr. Eckdahl's letter of December 31, 1954, was read and ordered placed on file. The record showed that Mr. Eckdahl is assessed in the total amount of $889.25, on lots 7, 8, and 9, Golden Valley Gardens, for 409 feet of frontage, said lots being 263.9 feet deep, and,having frontages on both Major and Noble Avenues. No. 3: Mr. & Mrs. Melvin Pike, 2220 North Lilac Drive. The Pike's letter of December 13, 1954, was read and ordered placed on file. The record showed that the P'ike's own 5.28 acres which was assessed in the sum of $2,754.75 on the basis of 240 lineal feet per acre. The Administrator stated that the Council had -considered this property at the time the Council held its committee hearings in July of 1954, at which time they had decided that all of said property was buildable and should bear its fair share of trunk sewer assessments. 1 No. : Mr. Clifford R. Johnson, 3240 North Lilac Drive. Mr. Johnson' s letter of December 27, 1954, was read and ordered placed on file. The record showed that Mr. Johnson owns Lot 141 Yale Garden Homes, said lot being 415 feet deep, with actual frontage of 131 feet and that Lot 14 was assessed in the sum of $652.26 on an interpolated frontage of 300 feet. If Lot 14 were assessed on acreage, the assess- ment would be $1,043.62. The Administrator stated that he felt that some adjustment should be made in this case and would make such recommendation to the Council at some future date. No. 5: Mr. Louis Riegert, 3200 Lilac Drive, Lot 11 & S 2 of Lot 12, Yale Garden Homes. Mr. Riegert's letter of December 28, 1954, was read and ordered placed on file.. The Administrator stated that this area (as in the Johnson property) is being considered for replatting by the Planning Commission and that he would at some future time be in a position to recommend an adjustment on this property. The record showed that Mr. Riegert's property is assessed in the total. amount of $2,282.91 on the basis of an interpolated frontage of 1050. Mr. Riegert actually owns 196 feet of frontage on Lilac Drive. No. 6: Mr. V. B. Wallin, 2000 Noble Avenue, Lots 4 and 5, Golden Valley Gardens. Mr. Wallin's letter of January 3rd, 1955, was read and ordered placed on file. The Administrator stated that this is virtually the same case as that of Mr. Eckdahl's, referred to herein as case No. 2, and that he could not recommend that the special assessment in the sum of $539.20 be lowered. No. 7: Regarding the Topel property, Auditor's :Sub -division No. 330, The Administrator stated that the property is 559.2 feet wide and 612 feet long, and that said property had been assessed on the basis on 559 feet of frontage in the total amount of $1,215.38, but that had -said plot of ground been assessed on an acreage basis, it would have been assessed in the amount of $3,500.00 plus or minus. No. 8: The Administrator stated that Lots 1, 2, 3: 4s 5., va and 7, Block 1, Thotland's Twin View Terrace Addition, had been assessed on the Angelo Drive frontage and on their "frontages" in Sweeney Take, but that 'Sweeney Lake covered fully half of all said lots. The Administrator recommended that the Sweeney Lake "frontages" -assessment be reduced to nothing, inasmuch as the ar4a was under water. 1 m No. 9: The Administrator presented the letter of Morell and Nichols, representatives of Mr. P. B. Olson, dated January 18, 1955, and stated that the property owned by Mr. Olson had been assessed in the amount of 18,376.33, but that if it were assessed on the basis of front footage for 4,270 front feet at 2.17 per front foot, the assessment would be $9,265.90. No. 10: Mr. Walter V. Johnson, 3338 Kyle Avenue North, Mr. Johnson's letter of January 13th, 1955s was read and ordered placed on file. The records showed that Mr. Johnson was assessed in the sum of $326.13 on a front footage of 150 feet, said 150 feet including the frontage of his property on both Kyle and June Avenues. Member Stark then introduced the following resolution herein quoted by title and MOVED its adoption: "RESOLUTION PROVIDING FOR PUBLIC HEARING, REASSESSMENT FOR SANITARY SEWER IMPROVEMENT NO. 111. The motion for the adoption of the foregoing resolution was duly seconded by Member Rahn and upon vote being taken thereon, the following members voted in favor thereof: Bies, Foss, Huebsch, Rahn and Stark, and the following voted against the same: -None, whereupon said resolution was declared duly pass- ed and adopted, signed by the Mayor and his signature attest- ed by the Clerk. See Resolutions Book page ��. The Council agreed that the cases numbered above as Xi, 4, 51 7, 81 9, and 10 be studied by the Council at the meeting call- ed for by the above resolution. (March 8th, 1955) MOVED by Rahn seconded by Foss carried that the assessments imposed in cases numbered 1, 2,3and 6 above, remain as spread upon the assessment roll. Re: Sanitary Sewers, Westurban Addition, Dawn Acres, and Wood - lawn Park 2nd Addition: A number of persons residing in West - urban Addition were present. Mr. Norris L. Ogard presented to the Council a petition signed by said residents, it appearing upon cursory examination that said petition was 351 sufficient. Mr. Ogard stated that he and a number of persons residing in said addition had been experiencing difficulty with their country -style sanitary sewer systems and wished the Council to consider the feasibility of causing lateral sewers to be constructed in said addition in 1955• The Administrator stated that the platters of Dawn Acres and Woodlawn Park 2nd Addition were in favor of the construction of sanitary sewer laterals in said areas in 1955. Member Stark then introduced the following resolution quoted herein by title and MOVED its adoption: "RESOLUTION PROVIDING FOR PUBLIC HEARING ON PROPOSED SEWER IMPROVEMENT", said hear- ing to be held on February 15th, 1955• LUF The motion for the adoption of the foregoing resolution was duly seconded by Member Foss and upon vote being taken Cher --e- on the following members voted in favor thereof: Bies, Foss, Huebsch, Rahn and ,Starke dnresolutionfollowing de�lardedagainst the same: None, whereupon said and his signature passed and adopted, signed by the Mayor, g attested by the 'Clerk. See Resolutions Book page Lk3 . change Order No. 2, Sanitar Sewer Improvement No. 1: The A nistrator '77,advised the Council that the plat of the F & R Realty Company, accepted by this Council at this meeting, necessitated a change in the route of the trunk sewer line and stated that the Sanitary Sewer Engineers had as yet been unable to present the Council with detailed information necessary to draft a change order. MOVED by Bies seconded by Foss carried that the Administrator be authorized to approve said Change Order subject to ratifi- cation by this Council at a regularly called meeting. Re: Aquisition of "Blumberg" Property for Park Purposes: The letter of the Village Attorney, dated January 12, 1955. and the letter of Sheldon M. Ostroot, Secretary, Park Board, dated January 144 1955, were presented to the Council. Said letters dealt with 1.) The route of the trunk sewer line, and 2.) the possibility of acquiring the Blumberg property lying south of Golden Valley Road and east of Noble Avenue for park pur- poses. Member Foss MOVED and Bies seconded that condemnation of the whole of Blumberg property for joint sewer and park purposes be instituted immediately. Member Foss withdrew his motion and Member Bies withdrew his second in favor of tabling the matter until the meeting of February 1st, 1955- Rezoning: 955•Rezonin : Request of Leonard Jensen: (See minutes of December 1st, 1953*Mr. Leonard Jensen was present and advised the Council that he had found a purchaser in the ABC Cabinet Com- pany for his property located at 7811 Sixth Avenue North, and requested that said property be zoned from Community Store to Light Industrial. Mr. Jensen then introduced Mr. B. T. Ehrenfeldt, representative of the ABC Cabinet Company. Mr. Ehrenfeldt stated that the ABC Cabinet Company is in the business of constructing custom-made kitchen cabinets, that said business would not use motors larger than 3 horsepower, and that at the present location of the company at Washington and Lawry Avenue North, the company had received no complaints from any neighboring owner regarding noise or other nuisance factors, but company such installnuisance thefactor properddustopein oalectorsGolden Valley sal pany would �r� no outside storage of timber or materials and that part of the ex ing build facing SSixth ggv e N rth� w ld b immediatel On quest:oi, Mr. Ehrenfel sated fat Ithere would be,� evoted to office space, but that the company would construct a loading dock facing :sixth Avenue North. MOVED by Rahn seconded by Bies carried that notice of public hearing on the proposed rezoning of the above referenced pro- perty from Community Store to Light Industrial be inserted in the official Village newspaper, said public hearing to be held February 15th, 1955. Re: Fire Department Insurance: (See minutes of December 21, 1954-) MOVED by Stark seconded by Bies carried that the Vill- age purchase an accident insurance polio entitled "Volunteer Fire Department Blanket Insurance Policy' as presented by Mr. Winslow Moes, insurance agent for the Village, on the basis on insurance benefits for fireman of $40.00 per week in the principal amount of $4,000.00 with no medical benefits, it being understood that at this time the total cost of the insurance is.$208.00 per annum on the basis of five fire department vehicles. Report: County Ditch No. 18: The Village Engineer reported that fte had met with representatives of Robbinsdale, Crystal, and :School District No. 24, and that as a result of said conference each of said municipalities had tabulated the acreage contributing surface water to the ditch as follows: Robbinsdale, 80 acres; Crystal, 235 acres; Golden Valley, 175 acres. The Village 'Engineer stated that at this time it was not contemplated that each of said municipalities would contri- bute to the construction of a storm drainage improvement on the basis of contribution of surface water, but that the amount of contribution from each municipality would be determined by a formula notyet determined, inasmuch as the State Highway Department should commit ifself to some share of the cost because the ditch carries run-off from T. H. 100. Ordinances: 1) Assault and Battery, 2) Non -Support: The Council decided to defer consideration of said ordinances to the meeting of February 1st, 1955, Garbage -License: Shumackerts Garbage Service: Consideration of the application of Shumackerts Garbage Service for a license to operate a garbage collection service within the Village of Golden Valley was deferred until the meeting of February lst, 1955. Cigarette Licenses: MOVED by Rahn seconded by Bies carried to approve the issuance of the following cigarette licenses per applications on file: Number of License To Whom Issued 880 Feld's Cut Rate Market 882 Adams Liquor Store Milk License: MOVED by Rahn seconded by Bies carried to approve the issuance of the following milk license per application on file: Number of License To Whom Issued 881 Baldwin Dairy Application for Outdoor Theatre License: The Administrator presented a letter from Mr. Walter Stepnitz, 1550 West Larpenter Avenue, St. Paul 8, Minnesota, dated January 18th, 1955, requesting that the Village of Golden Valley grant a license for an outdoor theatre to be operated on the north 600 feet of land north of Wayzata Boulevard, and beginning approximately 300 feet east of Pennsylvania Avenue. Mr. Stepnitz also requested that a permit be issued to him to operate a bowling alley in a building to be erected on the south portion of the same property. After discussion the Council ordered that this matter be placed on the agenda of the meeting of February 1st, 1955• Re: Police 'Car - 1954: The Administrator advised the Council that the o police car was in need of an over- haul and that Bob Knowles Ford Company had estimated the cost of said overhaul at $275.00 and had offered to pay $100.00 of said cost. The Council stated that such an arrangement was not satisfactory and instructed the Admin- istrator to determine whether or not he could get said car repaired at a cost not to exceed $100.00. MOVED by Rahn seconded by Foss carried to approve the foll- owing bills in the total amount of $21,944.94• 7879 7905 7906 7907 7908 7909 7910 7911 7912 7913 7914 7915 7916 7917 thru 7904 Payroll Golden Valley State N. W. Bell Telephone Standard Oil Company Chester Campbell Ed Ryan, Sheriff City Treas., City of Miller -Davis Bank (payroll) Company Minneapolis St. Paul Stamp Works Crown Rubber Stamp Company Standard Duplicators W. A. Moes Lyle K. Larsen Stanley D. Kane 3,166.E yµf 28.83,- 345.65 18.00 12.00 17.50 33.90 6.58 A_ 5.25 5.75 20.00 11.75 1.50 1 1 1 1 u 1 7918 Ace Maintenance 28.00 7919 Brulin and Company 28.25,. 7920 Sterling Sign Company 15,00 7921 Kuipers Our Own Hardware 19.55 7922 Standard Railway Fusee Corporation 3.84 7923 Northwestern Automotive Company 250.63 7924 Landers, Norbloom, Christenson 7,84 7925 Public Works Equipment Company 45-40 7926 Hyerts Mileage Service 17,75 7927 Wm. H. Ziegler Company 284.08 7928 Golden Valley Plbg. and Htg. Co. 20.20 7929 Robert Fitzsimmons 162.50 7930 First National Bank 139503-71 7931 H. A. Rogers Company 10.86 7932 G. M. Orr Engineering Company 3,874.13 7933 Minn. Hospital Service Association 168.25 7934 Federal Reserve Bank 615.30 7935 State Treas., State of Minn. 218.055 7936 Golden Valley `State Bank (payroll) 7937 Peter Lametti-Lametti & Sons.,899L6 Total 21944-99 '7.7{�) MOVED by Rahn seconded by Foss carried that the meeting adjourn. Mayor Attest: er