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10-04-55 Council MinutesMOVED by Rahn, seconded by Bies, carried that the reading of the minutes of the meeting held on September 16, 1955, be dispensed with and that said minutes be approved as submitted to each member of this Council prior to this meeting unless some member of the audience wishes them read. (The minutes were not read.) Bids -Police Squad Car: The Village Clerk presented an affidavit of publication of notice of call for bids for purchase of a 1955 or 1956 model police car accoring to specifications approved by this Council on September 6, 1955, 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 consideration of sealed bids for the purchase of said police car in accord- ance with the notice of advertisement for bids published by the Clerk and heretofore presented to this Council. The Clerk presented and read one sealed bid submitted in the course of said notice. Said bid was then opened and found to be as follows: The Attorney stated that inasmuch as only one bid was submitted by the Hull -Dobbs Ford Company in the amount of 5909.00, the bid must be rejected and returned and the Council must order re -advertisement of bids. MOVED by Bies, seconded by Stark, carried to reject the bid of the Hull - Dobbs Ford Company on the ruling of the Attorney, and to return said Companyts bid check, and to re -advertise for bids to be taken on October 18, 1955. Bids -Fire Department -Telephone Cable: The Village Clerk presented an affidavit of publication of notice of call for bids for the purchase of fire telephone cable and appurtenant materials according to specifications approved by this Council on August 16, 1955• 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 consideration of sealed bids for the purchase of said fire telephone cable and appurtenant materials in accordance with the notice of advertisement for bids published by the Clerk and heretofore presented to this Council. REGULAR MEETING OF THE VILLAGE COUNCIL October 4, 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 October 4, 1955, at 7:30 otclocl P.M. The following members were present: Bies, Nadasdy, Rahn, and Stark, and the following was absent: Foss. The Mayor called the meeting to order at 7:40 otclock P.M. MOVED by Rahn, seconded by Bies, carried that the reading of the minutes of the meeting held on September 16, 1955, be dispensed with and that said minutes be approved as submitted to each member of this Council prior to this meeting unless some member of the audience wishes them read. (The minutes were not read.) Bids -Police Squad Car: The Village Clerk presented an affidavit of publication of notice of call for bids for purchase of a 1955 or 1956 model police car accoring to specifications approved by this Council on September 6, 1955, 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 consideration of sealed bids for the purchase of said police car in accord- ance with the notice of advertisement for bids published by the Clerk and heretofore presented to this Council. The Clerk presented and read one sealed bid submitted in the course of said notice. Said bid was then opened and found to be as follows: The Attorney stated that inasmuch as only one bid was submitted by the Hull -Dobbs Ford Company in the amount of 5909.00, the bid must be rejected and returned and the Council must order re -advertisement of bids. MOVED by Bies, seconded by Stark, carried to reject the bid of the Hull - Dobbs Ford Company on the ruling of the Attorney, and to return said Companyts bid check, and to re -advertise for bids to be taken on October 18, 1955. Bids -Fire Department -Telephone Cable: The Village Clerk presented an affidavit of publication of notice of call for bids for the purchase of fire telephone cable and appurtenant materials according to specifications approved by this Council on August 16, 1955• 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 consideration of sealed bids for the purchase of said fire telephone cable and appurtenant materials in accordance with the notice of advertisement for bids published by the Clerk and heretofore presented to this Council. �. ti The Clerk presented and read one sealed bid submitted in the course of said notice. Said bid was then opened and found to be as follows: )3iU w AS Nai vpEN E� The Attorney stated that inasmuch as only one bid was submitted by the Graybar Electric Company in the amount of $1,332.88, the bid must be rejected and returned and the Council must order re-advertisement.for bids. MOVED by Rahn, seconded by Bies carried to reject the bid of the Gray - bar Electric Company on the ruling of the Attorney; and to return said Company's bid check and to re -advertise for bids to be taken on October 18, 1955. Public Hearing -Sanitary Sewer Lateral Assessments: The Clerk presented an affidavit showing publication of notice of hearing on the proposed assessment for Lateral Sewer Improvement No. 1 in the Village on September 15, 1955, in accordance with the resolution adopted September 13, 1955, which affidavit was examined, found satisfactory, and placed on file. The Mayor announced that the meeting was open for the consideration of objections, if any, to said proposed assessment. All persons present were then given an opportunity to present oral objections, and all written objections theretofore filed with the Clerk were presented and considered, and all such objections -were tabulated as follows: Name Property (1) Geo. Klouda, et al 5311 Golden Valley Rd. E. W. Klipstein 5321 Golden Valley Rd. R. W. Hutchison 5249 Golden Valley Rd. E. P. Woehning 5331 Golden Valley Rd. Earl Fay, et a1 1120 No. Lilac Dr. (2) Messrs Connolly & Bell, Representing the Great Northern Railway. (3) Mr. Manley Davenport, Representing the Minneapolis, Northfield & Southern Railway. Nature of Objection The parties named appeared to object to the assess- ment on their property on the grounds that it was impossible to utilize the land lying to the rear of their properties. Said railroad company representatives objected to the full use charge on the grounds that most of their property is rirbt-of-way, and as such cannot be expected to ever require municipal sewer service, and that property has been assessed which was not included in the affidavit of publication of notice of public hearing. Said railroad company representative objected to the assessment on the grounds that the "narrow" right-cf- way receives no benefit, that property outside and -district had been assessed, and on the grounds that property lying under bridges and along side cuts had been assessed. C 1 The Administrator stated that the "use" or "outlet" charge was in the amount of $1.83 per front foot, and that all property lying in Sanitary Sewer District No. 1 had been assessed said amount; That the lateral charge was in the amount of 13.19 per front foot, and that all properties which can obtain sanitary sewer service this year have been assessed said amount in addition to the "use charge" mentioned above, or a total amount of $5.32 per front foot, plus a stub charge of $72.60 per lot. The Administrator further stated that all properties have been assessed according to formulas approved and adopted by the Village Council, and that any person so desiring may study such formulas upon application to the special assessment clerk, and that the use of such written formulas assured equitable treatment of all properties. It was further pointed out that where property is not divided into single building lots, such acreages were charged upon the basis of two -hundred and forty feet of assessable front feet because one -hundred and twenty feet of street is usually obtained from one acre of ground when the acre is platted into one -hundred foot lots. Re: Klouda, et al: Mr. Kane advised the*Council that granting the relief sought by Messrs Klouds, et al, would jeopardize the entire assessment in that re -assessment might be necessary,"that the Village would be breaking its obligation to the bond holders, and further, that endless litigation very probably would result from failure to assess uniformly. MOVED by Stark seconded by Bies carried to instruct the Administrator to refer the road pattern problem,of this section to the Planning Commission and to the engineering company of Morell and Nichols, Planning Engineer, for study and report if being understood that all engineering cost may be assessed against benefitted property. MOVED by Bies seconded by Rahn carried to overrule the objection of Mr. Klouda and his associates, and affirm the assessment as presented. Re: Great Northern Railway: MOVED by Nadasdy seconded by Stark carried to assess the property of the Great Northern Railway to the middle of the Railroad tracks (with a con- nection charge only). Re: Minneapolis -Northfield and Southern: MOVED by Rahn seconded by Bies carried to grant a 5% reduction to the Minneapolis -Northfield and Southern Railway because they do not receive benefits commensurate with the original assessment. Member Stark voted "No" on the above motion. After discussion and consideration of the various objections above pre- sented, Member Rahn -introduced the following resolution herein quoted by title and moved its adoption: "RESOLUTION AMENDING ASSESSMENTS FOR LATERAL SEWER IMPROVEMENT NO.111. The motion for the adoption of the foregoing resolution was duly seconded by Member Stark and upon vote being taken O <& thereon, the following voted in favor thereof: Dies, Nadasdy, Rahn, Stark, and the following voted against the same: None, whereupon said reaolution was declared duly passed and adopted, signed by the Mayor, and his signature attested by the Clerk. See Resolutions Book Page Member Stark then introduced the following resolution herein quoted by title and moved its adoption: "RESOLUTION ADOPTING AND CONFIRMING ASSESSMENT FOR LATERAL SEWER IMPROVEMENT N0, 1,11. The motion for the adoption of the fore- going resolution was duly seconded by Member Dies and upon vote being taken thereon, the following voted in favor thereof: Dies, Nadasdy, Rahn, Stark, and the following voted against the same: None, whereupon said resolution was declared duly passed and adopted, signed by the Mayor, and his signatu2, attested by the Clerk. See Resolutions Book Page Public ;-fearing-Street Improvement No. 19. The Clerk presented an affidavit showing publication of notice of hearing in the official Village newspaper on the proposed assessments for Street Improvement No. 19 of the Village on September 15, 1955, in accordance with a resolution of this Council adopted September 13, 1955, which affidavit was examined, found satisfactory, and ordered placed on file. The Mayor announced that the meeting was open for the consideration of objections, if any there be, to said proposed assessment. All persons present were given an opportunity to present oral objections, and all written objections therefore filed with the Clerk were presented and considered, and all such objections were tabulated as follows: Objector None Objection None Member Stark then introduced the following resolution herein quoted by title and moved its adoption: "RESOLUTION PROVIDING FOR HEARING ON ASSESSMENTS FOR IMPROVEMENT N0. 19". The motion for the adoption of the foregoing resolution was duly seconded by Member Dies, and upon vote being taken there- on the following voted in favor thereof: Dies, Nadasdy, Rahn, and Stark and the following voted against the same: None, whereupon said resolution was declared duly passed and adopted, signed by the Mayor and his signature attested by the Clerk. See Resolutions Book Pageo2G 7 . Public Hearing: Re -assessment Storm Drainage Improvement No. 17. The Clerk presented an affidavit showing publication of notice of public hearing in the official village newspaper of re -assessment of that portion of Fund No. 17 which dealt with the construction of a storm sewer on Olympia Street in accordance with the resolution adopted on September 13, 1955, which affidavit was examined, found satisfactory, and placed on file. The Mayor announced that the meeting was open for the consideration of objections, if any there be, to said proposed re -assessment. All persons present were then given an opportunity to present oral objections, and all written objections theretofore filed with the Clerk were presented and considered, and all such objections were tabulated as follow: Name Objection None None Member Bies then introduced the following resolution herein quoted by title and moved its adoption: "RESOLUTION PROVIDING FOR HEARING ON RE- ASSESSMENTS FOR STREET IMPROVEMENT # 17. ",0'�—. The motion for the adoption of the foregoing resolution was duly seconded by Member Bies, and upon vote being taken thereon the following voted in favor thereof: Bies, Nadasdy, Rahn, and Stark and the following voted against the same: None, whereupon said resolution was declared duly passed and adopted, signed by the Mayor and his signature attested by the Clerk. Public Hearing -Yale Garden Homes Storm Sewer: The Clerk presented an affidavit showing publication of notice in the official Village newspaper of public hearing on the proposed storm drainage improvement in Yale Garden Homes of the Village of Golden Valley in accordance with the resolution of this Council adopted on September 6, 1955, which affidavit was examined, found satisfactory, and ordered placed on file. The Mayor announced that the meeting was open for the consideration of objections, if any there be, to the making of said improvement. All per- sons present were given the opportunity to present oral objections, and all written objections theretofore filed with the Clerk were presented and considered, and all such objections were tabulated as follows: Name of Objector Objection Robert Van Hauer Mr. Van Hauer stated that he did not be - 3125 Orchard Ave. No. lieve it fair to assess the property in Woodlawn Park for an improvement in Yale Garden Homes. Robert Penley Mr. Penley and Mr. Teresi repeated 4910 -33rd Ave. No. Mr. Van Hauer's objection. Cliff Teresi 3140 Orchard Ave. No. MOVED by Stark, seconded by Bies carried to adjourn the instant public hearing until the meeting of November 1, 1955• Deeds to Roads -Yale Garden Homes: Attorney Kane stated that 80% of the easements:had been prepared by Mr. Coulter and were now ready for signatures. Messrs Willard, Nelson, and Rask from Yale Garden Homes offered their services to Mr. Kane to help obtain said easements. Re -Zoning Hyde-Thode Property: (See Minutes of September 20, 1955) Mr. Melvin Mooty and Robert Boblett stated that Messrs Hyde and Thode would be willing to deed the right-of-way for a road along the western edge of the property, but objected to deeding roads on the east and north edges. 100 MOVED by Stark, seconded by Rahn carried to refer this matter to the Planning Commission with instructions to report not later than October 18, 1955, and to adjourn this public hearing to said date at this place. Ordinance -Sanitary Sewer Service: (See Minutes of September 6, 1955) Member Stark gave a second reading to an ordinance entitled, "AN ORDINANCE ESTABLISHING RULES, RATES AND CHARGES FOR SANITARY SEWER SERVICE IN THE VILLAGE OF GOLDEN VALLEY, HENNEPIN COUNTY, MINNESOTA". MOVED by Stark, seconded by Bies carried to approve the above ordinance quoted by title on its second reading and to order its passage and pub- lication. See Ordinance Book Page —t 3i . Adjourned Public Hearing -Request of Holzapfel: (See minutes of September 20, 1955) Mr. Fred Albert of 516 Clover Lane was present and stated that he was the spokesman for the residents of Cloverleaf Terrace Addition. Mr. Albert's objections were the same as stated on September 20, 1955• Mr. Holzapfel stated that he wants only his clinic on the property and does not want industry on the rest of the land. Mr. Hyman Schinder, 5011 Olson Highway, stated that he was in favor of the proposed clinic. The Mayor stated that he promised the people of Cloverleaf Terrace that he would not be a party to re -zoning the property until after the Planning Commission meeting of October 13, 1955, and therefore would not vote in favor of the proposal at this time. MOVED by Rahn seconded by Dies carried to adjourn the instant public hear- ing to the regular meeting of October 18, 1955. Member Stark voted "No" on the above motion. Waiver -Ned Trugman: Mr. Trugman requested that the Council approve the division of Lot 25, Auditor's Sub. 361, into two residential building lots of 93 foot width. The Engineer stated that the Planning Commission has turned down.Mr. Trugmants request. MOVED by Stark seconded by Rahn carried to instruct the Building In- spector to issue residential building permits, upon proper application, for each of the two lots created by the division of Lot 25, Auditor's Sub. 361. Radmacher Permits: Mr. Radmacher and his Attorney, Mr. Wright, requested that the Council lift the stop order placed on the buildings being erected on Lot 201 and 202, Glenwood Addition, Building Permit Numbers 3450 and 3451, said stop order having been placed on the construction due to a violation of side -lot re- quirements. After discussion on the matter, it was MOVED by Stark seconded by Bies carried to grant a two -foot waiver on the south side lines of lots 201 and 202. 111956 Budget11: MOVED by Rahn seconded by Stark carried to adopt the 1956 budget presented by Member Rahn, and to instruct the Administrator to enforce all provisions of said budget. MOVED by Rahn seconded by Stark carried that the Administrator advise the County Auditor that the Village Council of the Village of Golden Valley requests the County Auditor to raise the sum of $150,053.00 through real and personal property taxes collectible in 1956, plus a levy of one mill for the Poor Fund and a levy of one-half mill for the Fire Department Relief Association." Zoning Policy: MOVED by Stark seconded by Bies carried to adopt the following policy state- ment regarding zoning problems of the village: Since the adoption of the first Zoning Ordinance in Golden Valley.in 1938, the rezoning of tracts of land from residential to commercial or industrial uses has been a controversial matter. There are two sides to every question and this is particularly so in zoning matters where a contemplated rezoning almost invariably is claimed to affect owners of adjoining property adversely. In considering requests for rezoning, your Council must take into consideration not only the interests of the applicants for the rezoning and those of nearby owners, but must have in mind the interests of the Village as a whole. In order to clarify the position of this Council on zoning problems and to prevent misunder- standing, we feel compelled to make this statement of the policy that guides us in the discharge of our duties. This Council is opposed to spot zoning. By spot zoning we mean the placing of a small commerical or industrial area in the midst of present residential development. It is our purpose to protect the residential property of the Village and, at the same time, promote the proper com- mercial and industrial development of the Village with a view to widening the tax base so the residential taxpayers may ultimately benefit from this widened tax base. When properly located, so as to impose the least detriment on the smallest possible number of residences, commerce and industry pick up a substantial portion of the tax burden of all of us, while making or creating little increased demand for services such as schools and fire and police pro- tection. The fine type of commercial and business development that is now coming into Golden Valley, such as General Motors, General Mills, International Paper, Federal Container, E. J. Longyear, and G. H. Tennant, to mention only a few, will ease the tax burden greatly. These modern fireproof buildings will require little, if any, fire of police pro- tection, and even their road systems will be cared for at their own expense. If they create some slight additional traffic, state highways will, for the most part, bear this burden. Through their employment of people living in our Village they will brighten the economic future of the Village and its residents. The tax assistance which these and other fine firms will give will only begin to be felt in 1956 and 1957, and future years, and, in the meantine, 102 we believe that an overwhelmingly large majority of our people will approve of a zoning policy which protects residential areas while it builds for the future. The greatest good for the greatest number has been, and is, at the heart of our zoning policy and practice. Our new comprehensive zoning ordinance divides the Village into five major areas: Open Development, Residential, Commercial, Light Industrial, and Industrial. These categories are self-explanatory. All platted property is in the residential district and this Council does not con- template any rezoning of any property in the various industrial districts to any heavier use. The term "Open.Development" means what it says. It is land presently unplatted and presently restricted to residential uses. However, the mere label "Open Development" is designed to serve as a notice or warning that such land may, some day, be rezoned for com- mercial or industrial uses. The prospective buyer of land in the Open Development District should take the possibility of such rezoning into account. Since it is the most recent rezoning to have been approved by the Village Council (by unanimous vote) we advert to the rezoning for in- dustrial uses of the property located on the Northwest corner of the Belt Line and Olson Highway where G. H. Tennant Co., known world-wide for its manufacture of plans to construct its headquarters on this tract. The present market value of this 19 -acre tract is $18,871.00. The present full and true value of the property for tax purposes if $1,557.00. The present assessed value for tax purpose if $1,820.00. It now yields in taxes, $276.00, of which $55.20 goes to the Village; $165.60 to School District 24; and $55.20 to Hennepin County, and the State of Minnesota. Assuming that the market value of this property, land and buildings only, will be $1,000,000 when the Tennant headquarters if constructed on it, its full and true value for real tax purposes will be x$350,000.00. Its assessed value, $140,000.00, and it will yield $21.280.00 annually in taxes, of which $4,256.00 goes to the Village; $12.768.00 to School District 24; and $1,256.00 to Hennepin County and the State of Minnesota. In Minneapolis, the personal property of the Tennant Co. -,is assessed at three times the value of the real estate of the company. Assuming that the personal property in Golden Valley will merely equal the value of the land and buildings, another $21.280.00 tax yield could be anti- cipated and distributed as set forth above. In the long run, this - contribution of tax revenue to various units of government, particularly the Village and school district, will be felt and appreciated by all residential taxpayers. It is true that some five residences, and a commercial rest home adjoin this tract on the south. It is bounded on the north by the Minnesota, Western railroad tracks. We cannot certainly say that this rezoning may not affect the property values of the nearby residences, nor can we say, if it does affect those values, whether it will be favorably or unfavorably But, we feel that our action in rezoning this tract will be a distinct economic advantage to the whole village. In conclusion, let us state that we consider every rezoning request in all good conscience with the sole purpose of preserving the essentially residential character of our Village and, at the same time, attracting a better type sof commerce and thus preserving the economic health of our Village and our school districts. 1 1 Bond, Westbrook Addition: MOVED BY Dies seconded by Stark carried to adopt the street maintenance bond of Westbrook Addition in the sum of $1,000.00 and to order said bond placed on file. Public Hearing, South Trunk Sewer: Member Foss then introduced the following resolution herein quoted by title and moved its adoption, °RESOLUTION ORDERING PUBLIC HEARING ON PROPOSED SANITARY SEWER IMPROVEMENT". The motion for the adoption of the going resolution was duly seconded by Member Stark and upon vote being taken thereon the following voted in favor thereof: Dies, Nadasdy, Rahn, Stark, and the following voted against the same: None, whereupon aaid resolution was declared duly passed and adopted, signed by the Mayor and his signature attested by the Clerk. (Said Resolution calls for a public hearing to be held ojji� November 14, 1955, at 7:30 o'clock, P.M. at Meadowbrook School. .P%— Cii 410--4, .7 73. The Attorney presented a letter dated October 4, 1955, signed by himself, to the effect that the Attorney General has ruled that an election to determine whether or not an improvement should be constructed is not permissible under the Village Code. Said letter was ordered placed on file. MOVED by Rahn seconded by Dies carried to approve the bills in the fol- lowing amount: $17,913.03. 1 No. 19 8517 8518 8519 8520 8521 8522 8523 8524 8525 8526 8527 ry 8528 '8529 8530 8531 8532 8533 8534 8535 Payrol l 9-1-7 _'8536 . W. L. Sutfen 941.25 ,. Const. Bulletin 19.0028537 Mpls. Star 37.10', L. of M. Municipal- -8538 State of Minn. 30.00 `^ ities *+6&---0@-8539 Betty Peterson 13.90` N. St, Power Co. 157.97=8540 Home -Lite Corp. 63 -80 - Post Publishing Co. 1.45'=8541 Ohio Chem. & Surg. 9.60 Vennum, Newhall & -8542 H. V. Johnston Ackman 1,650.00 - Culvert Co. 92.04 Walter S. Booth & -8543 Power Tools Inc. 23-77' Sons 2.07-8544 Standard Oil Co. 208.00' Ed Ryan, Sheriff 14.00='8545 Kuiper's Hdwe. 78.83^ Fred L. Chapman 100.00''8546 Lyle Sign Co. 153.82h Peter Kuiper 15.03=8547 Bury & Carlson 1,260.00" Columbia Carbon Co. 28.50-8548 Suburban Henn. Mp1s. Surbanban Co. Relief 176.58 Newspapers 56.95=8549 Pratts Express 1.75 h Crown Rubber Stamp Co. _ 8.50=8550 N. W. Bell Tel.2,276.68 Walter Julian ' 167.02-51 J. F. Quist Foun- Lindsey Eng. Co. 416.80 i� dary Co. 146.30 Shell Oil Co. 84.86=552 Jay W. Craig Co. 602.00 Gehrman Animal Hosp. 20.00="553 Thompson Lbr. Co. 47.77`^ Woodfills Shell Serv. 42.39A8554 Midway Office Morey's Shell Serv. 1.55" Equipment Co. 35.00 Merry Hills Kennels 5.00""° 17 913.03 MOVED by Rahn seconded by Dies carried Attest: 777 to ,adjo �n\ QUA ,u Mayor'