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11-01-55 Council Minutes1 REGULAR MEETING OF THE VILLAGE COUNCIL November 1, 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 November 1, 1955, at 7:30 otclock P.M. The following members were present: Bies, Foss, Nadasdy, Rahn and Stark, and the following was absent: None. The Mayor called the meeting to order at 7:35 o1clock P.M. Member Stark arrived at 7:45 o'clock P.M. MOVED by Rahn seconded by Bies carried that the reading of the minutes of the meetings held on October 3, and October 18, 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. Public Hearing -Yale Garden Homes Storm Sewers The Village Clerk presented an affidavit of publication of notice of public hearing on proposed storm sewer improvements in Yale Garden Homes in accordance with the resolution of this Council adopted Sentember 6, 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 wll writ- ten objections theretofore filed with the Clerk were presented and con- sidered, and all such objections were tabulated as follows: Objector Nature of Objection Robert Van Hauer Mr. Van Hauer questioned the necessity of 3125 Orchard Avenue North the proposed storm drainage improvement, and the area over which special assess- ments would be spread, objecting partic- ularly to the spreading of such assess- ments in Woodlawn Park Addition. Clifford Teresi Mr. Teresi stated that he did not believe 310 Orchard Avenue North the area to be improved was worth the amount of money the improvement was estimated to cost. Raymond Fox Mr. Fox stated that residents of the Yale 4740 -33rd Avenue North Garden Homes area were against the improve- ment, and presented a petition signed by fourteen (14) residents of said area pro- testing said improvement. The petition was ordered placed on file in the office of the Village Clerk. 116 Ralph Willard Mr. Willard sought advice regarding the 4927 -33rd Avenue North filling of low lots. Proponents: Mr. Bert D. Putnam Mr. Putnam stated that he did not see the 3245 Noble Avenue logic in waiting another year to install this improvement, that surface water drain- age had been a problem for many years, and that he therefore was in favor of construct- ing the storm sewer at once. The Mayor then closed the meeting to the public. Member Rahn stated that he had visited the area and had investigated the problem, and did not think that a drainage improvement was necessary, and further, that the proposed storm sewer would benefit only one and one- half low lying lots. Mr. Ogard, Village Engineer, stated that the improvement should be con- structed at this time, and that if it is not constructed now several homes on 33rd Avenue North will be flooded in the spring of 1956, assuming a winter of average snow fall, and stated that it was dangerous policy not to construct the improvement at this time. Member Start agreed with Mr. Ogard and stated that 1955 was an unusually dry year. MOVED by Rahn seconded by Foss carried that no action be taken on the pro- posed storm drainage improvement. Member Stark voted "NO". Second Reading , -Rezoning request of Thode-Hyde= (See minutes of October 18, 1955) Mr. Melvin Mooty, representative of Messrs Thode and Hyde, stated that they were willing to deed thirty (30) feet on the north, east and westerly boundaries of their property for street purposes, and that although Messrs Thode and Hyde were the owners in fee of the property, they were also officers of General Mills Inc., and would join with General Mills in any street project which General Mills might undertake. MOVED by Stark seconded by Foss carried to give a second reading to an ordinance entitled "AN ORDINANCE AMENDING THE ZONING CODE OF GOLDEN VALLEY BY ESTABLISHING A CERTAIN INDUSTRIAL DISTRICT". MOVED by Stark seconded by Foss carried to approve the above ordinance herein quoted by title on its second reading, provided deeds for street rights-of-way as above stipulated are filed with the Village Clerk at once, and to order publication thereof. See Ordinance Book Pagez. Second Reading, Amendment to Liquor Ordinance in re: Application of West - View Good News Chapels The Mayor opened the meeting to the public regarding the proposed amendment to the liquor ordinance. The opponents were as follows: Mr. Roy Hagland, Attorney Mr. Hagland stated that he represented Mr. Wayzata, Minnesota Donald Hyer and Mr. John Stadden, and pre- sented letters from said property owners objecting to the proposed church. Mr. Rag- land stated that the major objections were that the narrow lot did not permit ade- quate off-street parking, and the church would devaluate residential and commercial land adjoining the proposed site. Mr. John Stadden 9310 -5th Avenue North Mr. Stadden objected to the church on the grounds it would devaluate his property and would increase the dangers his chil- dren would encounter as a result of in- creased traffic. The following persons spoke in behalf of the church: Mr. Stanley Tjomsland Mr. Tjomsland stated that he was a member of the church and that he did not believe a church could or would devaluate property in its community. Mr. Herbert Bischke Mr. Bischke stated that the parking will be 5300 North Lilac Drive at the rear of the church, and not on the street, and that the lot will be leveled off to provide parking for the entire congre- gation. He also stated that if necessary the church will fence their property. The Mayor then closed the meeting to the public. The Village Administrator read letters from Messrs A. C. Brown and John Stadden objecting to the proposed church. Said letters were ordered placed on file. Member Rahn stated that on principal we should not amend the ordinance until a showing is made that the present ordinance is unworkable or ob- solete, but that he would not vote for a building permit if the ordinance is not amended. MOVED by Foss seconded by Dies carried to table the matter until the meet- ing of November 15, 1955• Re: Preliminary Approval, Grade Separation, T.H. #12 and County Road #18: Mr. Wahlroos, Assistant District Engineer for the Minnesota State Highway Department, presented preliminary plans for said grade separation desig- nated S.P. 2714-38(T.H. #12)Layout 2, and requested the Council approve H8 said plans. The Village Engineer and the Village Administrator advised the Council of several objections to said plans, said objections dealing chiefly with the lack of adequate service drives, all of said objections being set forth at length in a memorandum signed by both of said Village officials. Member Rahn thereupon introduced the following resolution herein quoted by title and MOVED its adoption, provided that said resolution shall contain the recommendations of the Administrator and the Engineer: "RESOLUTION GRANTING PRELIMINARY AND CONDITIONAL APPROVAL TO PROPOSED GRADE SEPARATION --TRUNK HIGHWAY NO. 12 AND COUNTY ROAD NO. 18." The motion for the adoption of the foregoing resolution was duly seconded by Member Foss and upon vote being taken thereon the following voted in favor thereof: Bies, Foss, 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 Resolution Book Page Plymouth Avenue Residents, Re: Special Assessments: Member Foss read his letter of November 1, 1955, addressed to the Village Council regarding the spreading of special assessment (Fund #16) on the property of persons residing on the south side of Plymouth Avenue between Winnetka Avenue and Wisconsin Avenue. The Village Engineer stated that a storm drainage area is difficult to determine and the assessment area should remain the same forever. The matter was turned over to the Village Attorney for study and recom- mendation at the meeting of December 8, 1955. Mr. Thomson Re: Sanitary Sewer Lateral Assessments: (See Change Order No. 7) Mr. Thomson stated that if the special assessments levied against his property were lowered, he would consent to a sewer easement through his property at no cost to the Village. The Village Attorney stated that he had been negotiating with Mr. Thomson for some time with no success, and that condemnation proceedings were under way at the present time. MOVED by Bies seconded by Rahn carried to instruct the Village Administrator to set up a field meeting with Orr Engineering Company, the Village Council and Mr. Thomson, for the purpose of viewing the premises. 1956 Audit, Report of 'treasurer: The Village Administrator read the Treasurer's report regarding recom- mended audit procedure for 1956, and recommended that the Council accept thF report of the Treasurer. Thi: Council discussed past audits and various services which should be supplied by the audit firm. 119 MOVED by Foss seconded by Stark carried to accept the report of the Treasurer for a full audit of all records, by the firm of Lonegren, Brackett and Freeman, the time of the audit to be d_Otermined by the Village Administrator. Village Insurance, Report of Mr. Foss: (See Minutes of October 18, 1955) Mr. Foss expressed the Council's appreciation to Mr. Erland for his work, and recommended that the Village continue its coverage with Mr. Moes inasmuch as the policies now in effect are as reasonable as possible, and the service rendered by Mr. Moes have been excellent. MOVED by Bies seconded by Stark carried to accept the Workman's Compen- sation,and general liability insurance policies offered by Mr. Winslow Moes for the term of one year. Agreement with Intermational Paper Company: The Village Attorney stated that the agreement will be ready for the November 15, 1955 meeting. General Mills Request for Water Service: (See Minutes of September 20, 1955•) Mr. William C. Folk, Executive Engineer for General Mills, Inc., stated that General Mills is interested in obtaining water service for their proposed office building on T.H. #12 and County Road #18 and suggested three alternative solutions to the problem: 1. Digging of wells by General Mills. 2. Water main extensions by Golden Valley. 3. Connection to St. Louis Park water mains. The Village Attorney was instructed to study the legality of a joint venture between the Village and a private industry. The Mayor stated on behalf of the Council that the Council will be receptive to any of the three proposed solutions. Office and Professional District: Deferred to the November 15, 1955 meeting. Valley Corporation, Application for Off -Sale Intoxicating Liquor License, 7924 Olson Highway: Member Rahn read the minutes of the Village Council dated January 18, 1955. Mr. Knight stated that he could not go ahead with the lease and other in- vestments if he did not have assurance that a license would be granted. MOVED by Bies seconded by Foss carried to grant an off -sale intoxicating liquor license and an off -sale non -intoxicating malt liquor license, to Knight's Liquors, 7928 Olson Highway, subject to the erection of said building. 120 Specifications -Accounting Machine_ The Village Administrator presented proposed specifications for the purchase of a business accounting and billing machine. MOVED by Foss seconded by Rahn carried to approve said specifications and to order advertisement for bids, said bids to be taken November 15, 1955. Amendment to Planning Commission Ordinance: The Village Administrator stated that the present ordinance requires the Commission to hold a public hearing on all requests for hardship waivers, and that such procedure has not been followed. MOVED by Foss seconded by Rahn carried to instruct the Village Attorney to draft a proposed amendment to this ordinance and to submit it to the Council for consideration. Repairs, Olson Highway Water Main: The Village Administrator informed the Council that the water main along Olson Memorial Highway had been uncovered and was endangered by the freezing weather. MOVED by Foss seconded by Stark carried to instruct t - Administrator to proceed with whatever steps he deems necessary to correct the situation. National Safety Council Report: The Council commended the association for the excellent 1955 report entitled, "Analysis of Report of Golden Valley, Minnesota, Annual Inventory of Traffic Safety :Activities". Bills: MOVED by Foss seconded by Bies carried to approve the following bills in the total amount of $ 81,799.51. No. 21....................Payroll 8600....................Arthur Hanson 8601....................Minn. Hospital Service Assn 8602....................Federal Reserve Bank 8603....................Void 860 ....................Barbarossa & Nodland 8605 ....................Standard Oil Company 8606 ....................Northern States Power Company 8607....................City of `Minneapolis 86o8....................Ed Ryan, Sheriff 8609....................Void 8610....................Miller Davis Company 861l....................Doyle Lock Company 7,186.62 A 08.46 n 179.80 1,585.8o-, .69, 777.72 . 293.79 196.89 10.00' 2.00 1.42 � 11.30 1 1 1 1 P, 135.00 4. oo ., 28.00 + 3.75 2-50- 3.75 " 2.50 2.50 55.00 89.60 , 85.70 " 54.52 288.00 -- 6.49 -. 350.00,, 75.00 Co. 15.48,• 6.42 M 393.42 " 385.08 129.00 M $ 1,799. 1 N 8630 .....................H. V. Johnston Culvert Co. 8631.....................Minneapolis Gas Company 8632.....................Jay W. Craig Company Total MOVED by Foss seconded by Mr. H. C. Alden of 75% of the sum of $5,130.00 less Mrs. Dorothy Paquette. Bies carried to approve payment to his claim for x$4,700.00, which is $430.00 for two month's salary of MOVED by Foss seconded by Bies carried to adjourn. 8612.....................Nelson & Johnson 8613 .....................Stanley D. Kane 8614.....................Robert Kedrowski 8615.....................Edward J. Howard 8616 .....................Herbert Smith 8617.....................Hans Walz 8618.....................Alois J. Stein 8619.....................John C. Richards 8620.....................Bob Knowles Ford Company 8621 .....................J. A. Curtis 8622 .....................Halprin Supply Company 8623.......•.............Anoka Farm Store 8624.....................Bury & Carlson 8625 .....................Williams Hardware 8626 .....................General Electric Company 8627.....................Gordon Seibert 8628.....................Twin City Concrete Pipe 8629 .....................Thompson Lumber Company 1 P, 135.00 4. oo ., 28.00 + 3.75 2-50- 3.75 " 2.50 2.50 55.00 89.60 , 85.70 " 54.52 288.00 -- 6.49 -. 350.00,, 75.00 Co. 15.48,• 6.42 M 393.42 " 385.08 129.00 M $ 1,799. 1 N 8630 .....................H. V. Johnston Culvert Co. 8631.....................Minneapolis Gas Company 8632.....................Jay W. Craig Company Total MOVED by Foss seconded by Mr. H. C. Alden of 75% of the sum of $5,130.00 less Mrs. Dorothy Paquette. Bies carried to approve payment to his claim for x$4,700.00, which is $430.00 for two month's salary of MOVED by Foss seconded by Bies carried to adjourn.