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09-20-55 Council MinutesM� REGULAR MEETING of the VILLAGE COUNCIL September 20, 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 said Village on the 20th day of September, 1955, at the Village Hall, at 7:30 o'clock P.M. The following members were present: Bies, Foss, Nadasdy, Rahn and Stark and the following members were absent: none. The Mayor called the meeting to order at 7:40 o'clock P. M. MOVED by Rahn, seconded by Foss, carried to approve the minutes of the meeting of September 6, 1955, as previously 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.) Claim of Mrs. William Fortier Mrs. William Fortier, 5116 -40th Avenue South, appeared to request additional payment of $200.00 for work completed on the assessment roll for Trunk Sewer No. 1. She stated that he husband had made arrangements with Mr. Kane for reimbursement in the sum of $3,400.00 for said work, but that Mr. Fortier had become ill before completing the work whereupon she had finished the assessment roll for the Village. Mr. Kane, upon question, stated that an agreement had been reached with Mr. Fortier to settle for . $30200.00, and that he had not dealt with Mrs. Fortier in any of his transactions regarding said work. Discussion followed. MOVED by Foss, seconded by Bies, carried to deny the claim. Re -Zoning -Public Hearing -Tennant Compax�y The Village Clerk presented an affidavit of publication of notice in the official village newspaper of public hearing to be held at this time and place regarding the re -zoning of a parcel of land described in said affidavit from Open Development to Commercial (designated "Industrial" in the new comprehensive zoning ordinance of the Village). Said affidavit was examined, approved, and ordered placed on file in the office of the Village ' Clerk. The Mayor announced that this was the time and place for the public hearing referred to. All persons present who desired to do so were afforded an opportunity to express their views thereon. Name of Objector Objection Phillip D. Whitman Mr. Whitman stated that he was the spokesman 220 Cutacross Road for people residing in Hippts Addition, that they had signed a petition against the proposed re -zoning, that they believed a parking and traffic problem would be created, and that the re -zoning would devaluate their homes. Mr. Whitman said that this type of zoning was "spot zoning". Minutes of Council Meeting, September 20, 1955. C. J. Schwebach Mr. Schwebach stated that he lived in 5804 Olson Mem. Highway close proximity to the area under consid- eration and that he objected to the re- zoning. Albert Redburn 5510 Phoenix Street Mr. Redburn stated that the area to be re- zoned was a residential area and that he did not want industry creeping into residential areas. Name of Proponent Mr, Henry Schipke Mr. Schipke stated that the site had been G. H. Tennant Co. chosen by the Tennant Company because of Engineering Consultant 1, it is adjacent to two major highways, 2. it is serviced by two railroads, 3. the land is ideal for industrial development, 4. there is an excellent buffer zone between the proposed factory site and the nearest homes. Vern Thomey Mr. Thomey stated that he had objected to 5738 Olson Mem. Highway other industries which had heretofor petition- ed for re -zoning the area, but that he for one would welcome the Tennant Co. to the area. Mr. George Loughland appeared as a representative of the Planning Commission and stated that the Commission had acted favorably on the request of the Tennant Company provided they comply with the following: 1. Provide two accesses to T.H. 100, and 2. that a 200 foot setback along T.H. 100 be maintained by the Tennant Company. Mr. Ogard stated that the state was studying and would construct within -three years, roads modifying the T.H. 55 and T. H. 100 Cloverleaf which would satisfy, the access stipulation of the Planning Commission. EDVED by Rahn, seconded by Stark to give a first reading to an ordinance entitled "AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE VILLAGE OF GOLDEN VALLEY". Upon roll call vote being taken thereon. The Council cast their vote as follows: Bies: Yes Foss: Abstain. Member Foss was granted permission to abstain upon the grounds that the real estate company in which he has an interest was interested in the property under consideration. Nadasdy: Yes Rahn: Yes 'Stark: Yes Whereupon said ordinance was declared duly passed and approved on its first reading. MOVED by Stark, seconded by Bies, carried to give a second reading on the grounds of urgency to an ordinance entitled, "AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE VILLAGE OF GOLDEN VALLEY" and upon roll call vote being taken thereon the following were the results: 1 Minutes of Council Meeting, September 20, 1955 Bies: Yes Foss: Abstain, upon the grounds previously stated. Nadasdy: Yes Rahn: Yes Stark: Yes Whereupon said ordinance was declared duly passed and adopted. MOVED by Rahn, seconded by Stark to approve theabove ordinance quoted by title on its second reading and to order publication. Upon roll call vote being taken thereon the following were the results: Bias: Yes Foss: Abstain, upon grounds previously stated. Nadasdy: Yes Rahn: Yes Stark: Yes Whereupon said ordinance was declared duly passed and adopted, signed by the Mayor, and his signature attested by the Clerk. See Ordinance Book Page &3 o . Public Hearin -Re -zoning of Schaper Manufacturing Company: The Village Clerk presented an affidavit of publication of notice in the official village newspaper of public hearing to be held at this time and place regarding the re -zoning of a parcel of land described in said affidavit from Community Store to Commercial (designated "Industrial" in the new compre- hensive zoning ordinance of the Village). Said affidavit was examined, approved and ordered placed on file in the office of the Village Clerk. The Mayor announced that this was the time and place for the public hearing above referred to. A11 persons who desired to do so were afforded an opportunity to express their views thereon. Name of Objector J. J. Oys 1422 Golden Valley Road Miss Roberta Hostetler, as representative of - Mrs. Alfred Thotland, et al 5102 Thotland Road and Helen White, et al 4710 Olson Mem. Highway Fd White 4712 Olson Mem. Highway Objection Mr. Oys stated that the proposed re -zoning would devaluate his property along the west shore of Sweeney Lake. Miss Hostetler inquired if there would be any noise or odor connected with the manu- facture of plastics in the proposed plant. Member Stark stated that there would be no noise or odor. Mr. White stated that he would object to the re -zoning unless clients are available for the immediate occupancy of all of the property. Minutes of Council Meeting, September 20, 1955 Dr, Robert Boller The Village Clerk read a telegram from 2419 Penn Ave. No. Dr. Boller objecting to the proposed re- zoning. Said telegram was ordered placed on file. Proponents: Mr, W, Schaper Mr. Bailey and Mr. Schaper appeared on behalf and Mr. Bailey of the Schaper Manufacturing Company to re- quest the re -zoning of the entire area to industrial for their use and for sale to other clients not known at the present time. Mr. George Loughland appeared as a representative of the Planning Commission and reported that the Commission had recommended the zoning of the land, but had not re -studied the platting of the land into industrial tracts at its meeting of September 8, 1955. MOVED by Rahn, seconded by Foss, carried to adjourn the instant public hearing at 7:30 o'clock P. M., October 18, 1955, at this place. Re -Zoning -Public Hearing -Clinic The Village Clerk presented an affidavit of publication of notice in the official village newspaper of public hearing to be held at this time and place regarding the re -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), or in the alternative, to Office and Professional Building District. Said affidavit was examined, approved and ordered placed on file in the office of the Village Clerk. Mr. George Loughland appeared as a representative of the Planning Commission and stated that the Commission approved the zoning of the property to Community Store, but that the Commission wished more time in which to study the proposed zoning category of RROffice and Professional Building District". The Mayor announed that this was the time and place for the public hearing above referred to. All persons present who desired to do so were afforded an opportunity to express their views thereon. Name of Objector Objection Fred Albert Mr. Albert stated that 25 families in the 516 Clover Lane Cloverleaf Terrace area had voted unanimously against the proposed clinic. He stated that this was "spot zoning" and that whereas they did not object too strenously to the clinic they were deeply concerned as to the future development of the area east of the proposed site of the clinic. J. Schwartz 517 Clover Lane Mr. Schwartz stated that he did not want the area zoned to anything but residential. Minutes of Council Meeting, September 20, 1955 Nel Perstrom Mr. Perstrom suggested that the clinic be 524 N. Lilac Drive -placed on the triangular piece of ground at the easterly edge of the tract near the railroad tracks. Mrs. Segal Mrs. Segal stated that she was aginst the 501 Clover Lane proposed re -zoning and suggested that the area be utilized by the erection of double bungalows. MOVED,by Foss, seconded by Bies, carried to refer the matter of an -Office and Professional district to the Planning Commission for study and recommendation. MOVED by Foss, seconded by Bies, carried to adjourn the instant public hearing to 7:30 o'clock P.M., October 4. 1955, at this place. Member Stark voted "No" on the above motion.' Request for Re -Zoning -John Enghauser George Loughland reported for the Planning Commission stating that the Commission had approved the proposed re -zoning on the gounds that it was a proper site for a shopping center. MOVED by Foss, seconded by Stark, carried to instruct the Clerk to insert notice of public hearing in the official village newspaper on the re -zoning of certain properties as stipulated by this Council at this meeting from Open Development to Community Store (designated Commercial in the new Comprehensive Zoning ordinance of the Village), said public hearing to be held on October 18, 1955. 9pening of Bids -Painting of Village Hall The Village Clerk presented an affidavit of publication of notice of can for bids for the tuckpointing and painting of the Village Hall. Said affidavit was examined, approved and ordered placed on file in the office of the Village Clerk. The Mayor announced that this was the time and place for the opening and con- sideration of sealed bids for the painting and tuckpointing in accordance with the notice of advertisement for bids published by the Clerk and heretofore presented to this Council. Name of Bidder R. L. Collon & Associates Midway Waterproofing Co. Myron P. Nelson Co. Total Amount of Bid 1. A.B.C.D. $1,583.41 2. No bid 3. No bid 1. A.B.C.D. $1,270.00 2. Labor, Material + 20% 3. $490.00 1. A.B.C.D. $1,493.00 2. No bid 3. No bid Minutes of Council. Meeting, September 20, 1955. Goodroad Brothers 1. A.B.C.D. $1,150,00 2. No bid 3. $150.00 MOVED by Foss, seconded by Stark, carried to accept parts 1 and 3 of the bid of Goodroad Brothers and to instruct the Clerk to return the bid checks of the unsuccessful bidders. MOVED by Rahn, seconded by Stark, carried to instruct the administrator to have the stairs at the rear of the Village Hall replaced at the lowest possible cost, Brunswick Court Plat Mr. McCullough presented the final plat of Brunswick Court. The platter also presented a petition for the vacation of a portion of Zane Avenue North and a private lane as described in said petition. MOVED by Foss, seconded by Bies, carried to instruct the Village Clerk to advertise for a public hearing on the vacation of said portion of said street and private lane. MOVED by Bies, seconded by Foss, carried to approve the plat of Brunswick Court subject to the submission of the proper bond and to authorize the proper village officials to affix their signatures thereto. Douglas Manor Plat Bond Mr. A. J. Anderson presented a $3,000.00 bond for the completion and main- tenance of the roads in Douglas Manor, said bond having been previously approved as to fom by the Village Attorney. MOVED by Stark, seconded by Foss, carried to accept the bond. Westbrook Addition Mr, Paul Enghauser presented the final plat of the Westbrook Addition. MOVED by Bies, seconded by Foss, carried to accept the plat subject to the submission of a completion and maintenance bond and to authorize the proper village officials to affix their signatures thereto. Waiver -Alton Johnson Mr. Alton Johnson, 523 Janalyn Circle appeared in his own behalf to request a 3 foot sidelot waiver on Lot 7, Block 4, Glenurban Addition. MOVED by Rahn, seconded by Stark, carried to approve the above 3 foot waiver. J" Minutes of Council Meeting, September 20, 1955. Waiver -Clayton Lisy Mr. Clayton Lisy appeared in his own behalf to. -request a 11-2 foot sidelot waiver for an addition to his home at 3235 Major Avenue North, Lot 1, Block 11, Noble Grove. MOVED by Rahn, seconded by Stark, carried to grant the above 12 foot waiver. Thode Property Re -zoning Mr. Melvin Mooty, representing Messers Hyde and Thode, requested that this matter be deferred until the meeting of October 4, 1955, to enable him to obtain a definite answer regarding the proposed streets in the proposed industrial area. MOVED by Stark, seconded by Foss, carried to defer the matter until the meeting of October 4. 1955. Codification of Ordinances-Vennum, Newhall, and Ackman MOVED by Stark, seconded by Foss, carried to give a first reading to an ordinance entitled "AN ORDINANCE ADOPTING A REVISION AND CODIFICATION OF ORDINANCES, TO BE KNOWN AS THE VILLAGE CODE OF GOLDEN VALLEY, PROVIDING FOR THE REPEAL OF CERTAIN ORDINANCES SAVE AND EXCEPT OTHER ORDINANCES OF A PAR- TICULAR KIND MENTIONED: PROVIDING FOR THE PRESERVATION OF CERTAIN RIGHTS "-'IN THE ORDINANCE SO REPEALED: PROVIDING A PENALTY FOR THE VIOLATION OF THE VILLAGE CODE OF GOLDEN VALLEY, AND PROVIDING FOR THE SEPARABILITY OF THE PROVISIONS THEREOF", MOVED by Stark, seconded by Foss, carried to approve theabove quoted ordinance on its first reading. MOVED by Stark, seconded by Foss, carried to give a second reading on the ground of an urgency to an ordinance entitled "Same as above". MOVED by Stark, seconded by Foss, carried to approve the above ordinance quoted by title on its second reading and to order publication. See Ordinance Book Page_2,�s. The Council instructed Mr. Kane to obtain prices on the printing of said ordinance and to report his findings at the October 4, 1955, meeting. Ordinance re: Double Bungalows: The Council discussed limiting double bungalows to lots with 150 foot frontage and 15,750 square feet. Mr. J. C. Parker requested permission to build a double bungalow on his property near the Tennant Company's site. The Council advised Mr. Parker that under the present laws he would be able to obtain a permit however, if the new ordinance were passed his lot would be too small. 01 V CIf�'v_4 Minutes of Council Meeting, September 20, 1955 MOVED by Foss, seconded by Stark, carried to defer the matter to the meeting of October 18, 1955. Sanitary Sewers: Crystal Connections, 34th Avenue: Member Bies reported on behalf of the Committee and stated that said Committee recommended that Golden Valley construct a sewer lateral on 34th Avenue between Noble Avenue and Regent Avenue, on the grounds that if residents were permitted to connect to the existing Crystal lateral their initial costs plus service charges would be greater than the cost of Golden Valleys sewer lateral. MOVED by Rahn, seconded by Bies, carried to accept the report of the Committee and to proceed with plans for the construction of a lateral sewer on 34th Avenue North. Agreement with International Paper Company: (See minutes of August 16, 1955) The Council discussed the proposed agreement with International Paper Company. MOVED by Foss, seconded by Rahn, carried to instruct the Village Attorney to advise the International Paper Company that the Council objected to certain stipulated portions of the proposed contract. General Mills The Administrator read a letter from General Mills Inc. dated September 28, 1955, regarding the need for water service at their office and research sites. Said letter was ordered placed on file. MOVED by Rahn, seconded by Bies, carried that the Village Administrator invite representatives of General Mills to attend the meeting of October 4. 1955. for the purpose of discussing the matter with the Council. Checks for Damages, Re: George Hanson easement suit. The Village Attorney returnedtwo checks, each in the amount of $9,000.00, one made payable to George and Naime Hanson, and one to the Clerk of District Court. Said checks were voided by the Village Clerk and thereafter destroyed. Morell and Nichols - Lindsey Engineering Company. Moved by Foss, seconded by Stark, carried to instruct the Village Clerk to contact Morrell and Nichols and the Lindsey Engineering Company regarding the errors made in legal descriptions for Yale Garden Homes by the Lindsey Engineering Company. MOVED by Rahn, seconded by Stark, carried to approve the billsinthe following amount $191,527.36 • 1 hat r, Minutes of Council Meeting, September 20, 1955 No. 18........Payroll $ 17,ol4.94 t 8494........Construction Bulletin 8.80 8495........ Lindsey Engineering Company 1, 013.00 8496......,.Ace Maintenance 21.00 8497.,......Doyle Lock Company 50.45 8498........George Taylor 330.37 8499 ........ Andrevt Verres:: 15.00 H 8500........ Edward Mattson 15.00 8501...- .....Elmer Nordland 15.00 8502........Industrial Radio Corp. 200.00 a 8503.,,.,,..Japs-Olson 45.89 °+ 8504........Bury & Carlson 312.00 " 8505........ Jay W. Craig Company 268.76 A 8506.,.,....Wm, H. Ziegler Company 20.60 �. 8507...,.,,.J. A. Curtis 126.90 8508........Waterous Company 34.67 ^ 8509........N. W. Bell Telephone Company 33.93 8510..,.,...H. A, Rogers Company 21.24 8511..,.....Suburban Newspapers Inc. 135.00 A 8512........G. M. Orr Engineering Company 2x365.12 8513........Minneapolis Gas Company 745.25 - 8514........Barbarossa-Nodland l4xO13.00 8515....,.,.Barbarossa-Nod1and 154x541.64 8516........Minnesota Hosp., Service Assoc. Total......... _x117980 MVED by Rahn., seconded by Stark, carried to adjourn. hat r, 11 1 fl