03-15-57 Special Meeting1
SPECIAL MEETING
of the
VILLAGE COUNCIL
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March 15, 1957
Pursuant to due call and notice thereof, a special meeting of the
Village Council of the Village of Golden Valley, Minnesota, was held
at the Village Hall in said Village on March 15, 1957, at 11:00 o•clock
A.M.
The following members were present: Bies, Nadasdy, Rahn, Ld the fol—
lowing were absent: Stark, Teresi.
The Clerk announced that sealed bids for the construction of Lateral
Sanitary Sewer Improvements No. 4(a) (Trunk District No. 2) and 4(b)
(in various Trunk Districts) had been received in accordance with the
notice of advertisement for bids published by the Clerk as directed by
the resolution of this Council, adopted February 19, 1957. Said bids
were opened and read.
MOVED by Bies seconded by Rahn, unanimously carried to refer the bids to
the G. M. Orr Engineering Company, engineers for the project, for study,
tabulation, report, and recommendation to the Council at its meeting to
be held March 19, 1957, at 7:30 o*clock P.M.
MOVED by Rahn seconded by Bies carried to adjourn the meeting.
ATTEST
'Mayor
V
C
1
REGULAR MrETING
of the
VILLAGE COUNCIL
�t
March *Qr, 1957
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 March 19, 1957, at 7:30
o'clock P.M. The following members were present: Bies, Nadasdy, Rahn,
Stark, and Teresi; and the following was absent: None.
The Mayor called the meeting to order at 7:35 otclock P.M.
MOVED by Stark seconded by Bies carried to approve the minutes of February
19, 1957, as corrected and read.
Bond Election: New Municinal Building and Park Property•
The Council reviewed and approved the site plans as heretofore submitted
to the Village Council. After discussion, it was MOVED by Rahn and sec-
onded by Teresi that May 6, 1957, be designated as the date of an election
,on the question of the authorization of the sale of $450,000.00 improve-
ment bonds for a neva municipal building, and that said date be designated
as the date of the election on the question of authorizing the sale of
$200,000.00 in bonds to be used for the acquisition of park property.
Upon vote being taken, each member of the Council voted as set fortis below:
Bies
YES
N adasdy
YES
Rahn
YES
Stark
YES
Teresi
YES
Whereupon the Mayor declared the motion unanimously carried.
MOVED by Rahn seconded by Bies carried to instruct the Attorney to prepare
for presentation to this Council on April 2, 1957, all necessary resolutions,
notices, and forms of ballot required by the election laws of the State of
Minnesota or by the rules of procedure of the Village of Golden Valley.
MOVED by Rahn seconded by Bies carried that the bonds which might be sold
to purchase park property or construct the new municipal building have a
term of thirty years.
Public Hearing - Rezoning,_ Anthony Lane Studios:
The Village Administrator 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 rezoning of a parcel of land as described in said af-
fidavit from Open Development to Light Industrial. Said affidavit was e,-
amined, approved, and ordered placed on file.
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The
3_
The Mayor announced that this was the time and the place for the
public hearing above referred to and all persons present who desired
to do so were afforded an opportunity to express their view thereon, and
all written objections heretofore filed with the Clerk were presented
and considered as follows:
OBJECTOR OBJECTION
None none
An excerpt of the Planning Commissionts minutes was read showing that
this matter has been recommended for said zoning by a split vote.' (See
Planning Commission minutes of February 14, 1957).
The Council was advised that -the legal descript?.cn in the affidavit of
publication included more property than the Council had originally in-
tended to zone to Light Industrial. The Council was advised that it could
either zone all the property to Light Industrial and withhold publication
until a use was found for the property which will not be occupied by
Anthony Lane Studios, or that the Council could rezone only that property
to be occupied by said Studio and require that another public hearing be
held on the issue of zoning the remainder of the property included in the
affidavit of public hearing from Open Development to Light Industrial.
Mr. Paul Enghauser stated that, in his opinion, the occupancy of the
property by the Anthony Lane Studios would constitute an improvement.
Mr. William Heideman, representative of the Anthony Lane Studios,was
present for the purpose of answering all questions regarding the proposed
use of the property. Member Rahn stated that he regarded the request for
rezoning as a case of spot zoning.
MOVED by Stark seconded by Bies carried to give a first reading to an
ordinance entitled:
"AN ORDINANCE AMENDING THE ZONING CODE" (Anthony Lane Studios) Ordinance
No. 1957.
Member Rahn voted "NO".
MOVED by Stark seconded by Teresi carried to approve the above ordinance
herein quoted by title on its first reading. Upon vote being taken there-
on each member of the Council was recorded as voting as follows:
Bies
YES
Nadasdy
YES
Rahn
NO
Stark
YES
Teresi
YES
Whereupon the Mayor declared the motion carried. See Ordinance Book
Page No.L.
1
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Public Hearin_ Rezoning,Re: Etzler-Rest Home:
The Village Administrator 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 rezoning of a parcel of land as described
in said affidavit from Open Development to Institutional District. Said
affidavit was examined, approved, and ordered placed on file.
The Mayor announced that this was the time and place for the public hear-
ing above referred to and all persons present who desired to do so were
afforded an opportunity to express their views thereon, and all written
objections heretofore filed with the Clerk were presented and considered
as follows:
OBJECTOR OBJECTION
_�.._ __
None None
An excerpt of the Planning Commission minutes of February 14, 1957, was
read, said minutes showing that,the Planning Commission had on said date,
recommended that the property under consideration be zoned from Open
Development to Institutional District.
Mr. Donald. Erickson, representative of the proponents of the rezoning, was
present for the purpose of answering questions regarding the type of
structure and the proposed use of the property. Mr. Erickson stated that
the interpretation of social workers (regarding Minnesota Statutes 261.07)
was that if a patient of the rest home was unable to pay after having been
in the rest home for two years, that the Village of Golden Valley would
not be liable for the care of such a person. The proprietors and owners
of the rest home agreed to give the Village Council a letter stating that
they would not now claim tax exemption benefits, and further, that as a
condition of the sale of the property to any party or parties whatsoever,
said parties would agree never to so claim tax exemption_.
MOVED by Stark seconded by Teresi carried to instruct the Village Attorney
to investigate the liability of the Village in such matters, and report his
findings in writing to the Village Council at the meeting of April 2, 1957.
MOVED by Stark seconded by Teresi to give a first reading to an ordinance
entitled:
"ANT ORDINANCE AMENDING THE ZONING CODE" (Etzler-Rest home), Ordinance
No.- - Z 1957.
MOVED by Stark seconded by Ries carried to approve the above ordinance here-
in quoted by title on its first reading, and upon vote being taken thereon,
the following voted in favor thereof: Bies, Nadasdy, Rahn, Stark and Teresi;
and the following voted against the same: None.
MOVED by Stark seconded by Teresi carried to adjourn the public hearing to
April 2, 1957.
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Public Hearing - Rezonin2, B. F. Goodrich Company
The Village Administrator 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 rezoning of a parcel of land as
described in said affidavit from Open Development to Institutional
Zoning. Said affidavit was examined, approved, and ordered placed on
file.
The Mayor announced that this was the time and place for the public
hearing above referred to and all persons present who desired to do
so were afforded an opportunity to express their views thereon, and
all written objections heretofore filed with the Clerk were presented
and considered as follows:
OBJECTOR 2EIFCTION
Mr. & Mrs. Brooks Naffsiger Mr. Naffsiger presented a petition
421 Turner's Crossroad South signed by 127 residents of the
Village, said petition setting
The following persons appeared forth the following
in support of the petition:
Mr. Max Peters
"The undersigned residents and
633 Turnpike Road
property owners of the Village of
Mr. Clare Miller
Golden Valley have been informed
520 Turner's Crossroad
that there is a proposal to re -
Mr. John D. Larson
zone that part of the North 20
701 Turner's Crossroad
acres of Government Lot 4 lying
Mr. H. H. Serr
east of the railroad right-of-way,
500 Turnpike Road
except road, which is, in fact,
Mr. Vern Smith
bounded on the east by Tufner's
20 South Turner's Crossroad
Crossroad, on the North by Laurel
Avenue, on the West by railroad
tracks and on the South by the
Forster property, from open develop-
ment to commercial or light
industrial. The undersigned oppose
such rezoning and request that the
said property, if rezoned, be desig-
nated residential. This request is
made with the conviction that
property lying North of Laurel Avenue
and Fast of Turner's Crossroad now
zoned residential and developed as:
such, will suffer substantial loss
in value unless this petition is
granted."
Excerpts of the Planning.Commission minutes of February 14, 1957, were
read; said minutes showing that the Planning Commission recommended that
the area under consideration be zoned Industrial. Mr. Lamb, representa-
tive of the B. F. Goodrich Company, appeared for the purpose of answer-
ing questions regarding the intended use of the property in question.
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The Village. Council instructed the Village Attorney to determine whether`
or not the Village would designate truck routes, such truck routes not
to depend entirely upon the loaf limits permitted by reason of the con-
struction of a road, but to also hinge upon the routing of such traffic
in the interests of the public welfare.
MOVED by Teresi seconded by Rahn to give a first reading to an ordin-
ance entitled:
"AN ORDINANCE AMENDING THE ZONING CODE" (Conry), Ordinance No. 5:1 ,
1957.
Upon roll call vote being taken on the above motion, the members of the
Council were recorded as voting as follows:
Bies
YES
Nadasdy
YES
Rahn
YES
Stark
NO
Teresi
YES
Whereupon the Mayor declared the motion carried.
MOVED by Teresi seconded by Rahn carried to approve the above Ordinance
quoted by title on its first reading. Member Stark voted "No".
Re uest for Public Hearin - Rezoning,Golden Valle Methodist Church:
MOVED by Teresi seconded by Bies carried to instruct the Village Admin-
istrator to cause insertion of notice of call for public hearing in the
official Village newspaper regarding the rezoning of a parcel of land as
recommended by the Planning Commission, said public hearing to be held
on April 16, 1957.
RE: Request of Volunteer Fire Department Personnel for Additional Com-
pensation:
MOVED by Teresi seconded by Rahn carried to table the request of the Fire
Department pending study by the individual members of the Council.
Re_quest for Commercial Buildin Permit - Northern States Power Company:
The Administrator presented the request of the Northern States Power
Company for a commercial building permit for the construction of a sheet
metal control building on property lying adjacent to the Minneapolis and
St. Louis Railway tracks and abutting on the west of Winnetka Avenue
North.
MOVED by Rahn seconded by Bies carried to deny the request of Northern
States Power Company.
RE-: Rezoning of Proposed Municipal Buildinf site:
LVED by Stark seconded by Teresi carried to table the rezoning of the
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proposed municipal building site from Open Development or from Com-
mercial to Industrial until the meeting of May 7, 1957.
Re: _Occupancy and Use of the Old Village Hall:
The Administrator presented the order of the Village Fire Marshal
dated March 9, 1957. The Administrator stated that all orders of the
Fire Marshal could be complied with without undue inconvenience,
except the order that the Village must construct a walk -out type exit
on the east PJA of the building, said exit to service the Treasurer s
Office, the Employee's Lounge, and the Civil Defense office in case
of fire.
MOVED by Rahn seconded by Stark carried that the Administrator be in-
structed to request an extension of 90 days from the Fire Marshal be-
fore undertaking any additional renovations of the Village Hall quarters.
RE: Ordinance Amending the Ordinance With Respect to the Sale of Non-
Intoxicatin2 MaltBevera es in Bowling Alleys and Similar _laces of
Amusement:
Mrs. Vernon Mattson, 732 Rhode Island Avenue South, appeared at the
meeting and presented a petition signed by 47 people, as follows:
"This is a petition expressing opposition to a proposed amendment to
the Village Ordinance which would permit the sale of 3.2 beer in bowl-
ing alleys within the Village, and, specifically, we oppose the sale
of 3.2 beer or intoxicating liquor at, or on the premises of the Red
Crown Lanes at 7650 Wayzata Boulevarcl, or the sale, whether On -Sale
or Off -Sale, of 3.2 beer or intox-icating liquor on any property adja-
cent to, or within close proximity of the Red Crown Lanes.
"The Laws of the State of Minnesota forbid minors, unless accompanied
by their parents or legal guardians, to frequent establishments where
3.2 beer is sold. Therefore, a beer license at this bowling alley
would deprive our children of the use of the alley. Further,7it-would
create a problem for the management. We also know that an establishment
selling 3.2 beer is detrimental to the residential character of the
immediate community.
"The undersigned are all residents and property owners of the four block
area bounded on the south by Wayzata Boulevard, on the east by Rhode
Island Avenue, on the north by Laurel Avenue and on the west by Winnetka
Avenue."
Mrs.Mattson also presented an additional petition signed by 15 people,
reuiding in the area west of Winnetka Avenue, said petition is also on
file in the Clerk's office, with the above referenced petition.
After lengthy discussion, the Council instructed the Attorney to submit
a complete report dealing with the inconsistencies, if any, of the
Village law, and with .the requirements of State Law. Said recommenda-
tion to be presented to the Chairman of the License Committee in order
that said Chairman may be in a position to make recommendations to the
Village Council at the meeting to be held on April 16, 1957.
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Ordinance -Second Reading,Jehovah's Witnesses:
MOVED by Stark seconded by Bies carried to give a second reading to
an ordinance entitled "AN ORDINANCE AMENDING THE ZONING CODE",
(Jehovah's Witnesses) Ordinance No.L14 1957.
MOVED by Stark seconded by Bies carried to approve the above ordin-
ance herein quoted by title on its second reading, and upon vote being
taken thereon, the following voted in favor thereof: Bies, Nadasdy,
Rahn, Stark, and Teresi; and the following voted against the same:
None. See Ordinance Book Page J0 F
Amendment to Curfew Ordinance -Second Reading:
MOVED by Stark seconded by Bies carried to give a second reading to
'an ordinance entitled:
"AN ORDINANCE REGULATING THE PRESENCE OF MINORS UNDER CERTAIN AGES ON
STREETS AND IN OTHER PLACES BETWEEN CERTAIN HOURS, DEFINING THE DUTIES
OF PARENTS -AND GUARDIANS, AND PROVIDING PENALTIES FOR VIOLATIONS."
Ordinance No.._Jle 957.
MOVED by Stark seconded by Bies carried to approve the above ordinance
herein quoted by title on its second reading, and upon vote being taken
thereon, the following voted in favor thereof: Bies, Nadasdy, Rahn,
Stark, and Teresi; and the following voted against the same: None.
See Ordinance Book Page., 1t_
Ordinance setting the license fee for On -Sale Liquor Licenses - First
Reading
- MOVED by Rahn seconded by Bies carried to give a first reading to an
ordinance entitled:
"AN ORDINANCE AMENDING THE VILLAGE CODE". (On -Sale Licene Fee Increase)
Ordinance No. y 1957.
MOVED by Rahn seconded by Bies carried to approve the above ordinance
herein quoted by title on its first reading, and upon vote being taken
thereon, the following voted in favor thereof: Bies, Nadasdy, Rahn,
Stark, and Teresi; and the following voted against the same: None.
Ordinance Regulating Street Excavations - Second Reading:
MOVED by Teresi seconded by Bies carried to give a second reading to an
ordinance entitled:
"AN CRDINANCE REGULATING EXCAVATIONS IN ANY STREET OR ALLEY IN TI -TIE VILLAGE
OF GOLDEN VALLEY, PROVIDING FOR PERMITS AND FEES FOR THE SAME AND PROVID-
ING PENALTIES FOR THE VIOLATION THEREOF". Ordinance No. _1957.
MOVED by Bies seconded by Teresi carried to approve the above ordinance
herein quoted by title on its second reading, and upon vote being taken
thereon, the following voted in favor thereof: Bies, Nadasdy, Rahn,
Stark, and Teresi.; and the following voted against the same: None.
5 a. e- O, d,',,,Q - C e- Bo o,4, 0.a 4' -e. 3 45 7
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Final Plat Approval-Merribee Hills.Third Addition:
MOVED by Bies seconded by Stark carried to grant final approval to
the plat of E. E. Crowl upon the recommendations of the Planning Com-
mission, subject to the-postir_g of a bond guaranteeing compliance
with subdivision_ requirements to the Village of Golden Valley, said
bond, -to be released one year from this date providing all requirements
of said bond had been met in the opinion of the Village Engineer.
Final Plat Approval-Thotland's Twin View Terrace, Second Addition:
Final Plat Approval -St. Croix Grove:
MOVED by Stark seconded by Teresi carried to grant final approval to
the plat of Paul Enghauser, upon the recommendations of the Planning
Commission, subject to the posting of a bond guaranteeing compliance
with subdivision requirements to the Village of Golden Valley, said
bond to be released one year from this date providing all requirements
of said bond had been met in the opinion of the Village Engineer.
Preliminary Plat Approval-Duberstein Property, Section 18:
The Administrator advised the Council that said plat received prelim-
inary approval of street pattern_ by the Planning Commission on February
14, 1957.
MOVED by Bies seconded by Stark carried to grant preliminary approval
of said Plat as recommended by the Planning Commission.
Report of Engineers Re: 1957 Lateral Sanitary Sewer Improvements
Nos. 4A and 4B - Re: Awarding of Bids: (See minutes of March 15,
1957).
The Administrator presented and read the bid tabulation and a letter
from the B. M. Orr Engineering Company dated March 18, 1957, said letter
recommending the Council accept the low bid of Orfei and Mariani,
Incorporated, 1156 Homer Avenue, St. Paul, 2-, Minnesota, in the amount
of $750,749.41, for Section A and $214,672.33 for Section B. Said
letter and bid tabulation were ordered placed on file.
Member Rahn then introduced the following resolution and MOVED its
adoption:
"RESOLUTION AWARDING CONTRACT FOR SANITARY SEWER LATERAL IMPROVEMENTS
4A and 4B (LF - 57 - 2 and LF - 57 - 1,2,3)
Th6 motion for the adoption of the foregoing resolution was duly seconded
by Member Teresi and upon vote being taken thereon, the following voted
in favor thereof: Biesy Nadasdy, Rahn, Stark, and Teresi; and the fol-
lowing voted against the same: None. Whereupon said resolution was
declared duly adopted, signed by the Mayor, and his signature attested
by the Clerk. See Resolutions Book page -
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The Council was advised that the bid did not include street repair
work, inasmuch as the Attorney had instructed that an addendum be
prepared deleting said street work from the contract.
Resolutions Re: Sale of Bonds to Finance Sanitary Sewer Improvements
4A and 4B: (LF - 57 - 2 and LF - 57 - 1,2,3)
Membcr Rahn introduced the following resolution herein quoted by title
are MOVED -its adoption:
"RESOLUTION PROVIDING FOR SALE OF $11,100,000.00 IMPROVEMENT BONDS OF
1957, SECOND SERIES"
The motion for the adoption of the foregoing resolution was duly sec-
onded by Member Teresi and upon vote being taken thereon, the following
voted in favor thereof Bies, Nadasdy, Rahn, Stark, and Teresi; and
the following voted against the same: None, whereupon said resolution
was declared duly passed and adopted, signed by the Mayor and his signa-
ture attested by the Clerk. See Resolutions Book page',
The above referenced sale of bonds is to be held on April 18, 1957, at
11:00 A.M., in an amount not less than $1,100,000.00.
RE: Construction of CertainSanitary Sewer Lateral Improvements in 1957:
The Administrator advised the Council that petitions had been received
for the construction of certain sanitary sewer lateral improvements
which may be designated as follows:
1. Trach and Glenway Additions
2. Hampshire and Anderson*s Additions
3. White Acres and Schaper Additions
4. Richland Hills Addition
5. Winnetka Heights Addition
6. St. Croix Grove Addition
7. Glenwood Avenue from Turners Crossroad to Minneapolis,
Northfield and Southern Railway tracks
Member Bies introduced the following resolution herein quoted by title and
MOVED its adoption:
"RESOLUTION PROVIDING FOR PUBLIC HEARING ON CERTAIN PROPOSED LATERAL
SANITARY SEWER IMPROVEMENTS #4(c)"
The motion for the adoption of the foregoing resolution was duly seconded
by Member Rahn and upon vote being taken thereon, the following voted
against the same: None. Whereupon said resolution was declared duly
adopted, signed by the Mayor, and his signature attested by the Clerk. See
Resolutions Book page .
South Trunk Sewer -_Change Order Number 3 - Extension of Time:
The Administrator presented a letter dated March 15, 1957, said letter
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requesting a forty-five day extension of time for the completion of
the South Trunk Sewer. Mr. Harry Mayeron was present and stated
that this company approved the requested extension of time.
MOVED by Bies seconded by Stark carried to approve Change Order No.
3 and to instruct the proper Village officials to execute same.
Laurel Avenue Right -of -Way:
The Village Attorney and Village Engineer made a joint report, stat-
ing that easements and deeds were almost completed for the right-of-
way for Laurel Avenue.
Re: Act Authorizing ApCortionment of Cigarette & Liquor Tax:
The Village Attorney reported the bill was before the Legislature and
no final action had been taken.
Re: Revision of Village Ordinances:
The Village Attorney stated that he and Mr. Neil Peterson could do the
work, in from six months to one year. The Council instructed the
attorney to advise the Council on April 2, 1957, as to the estimated
cost of the ordinance revision.
Condemnations:
The Council suggested that the sewer permit for Meadowbrook School be
held up pending settlement with the school.
Northwest Trunk Condemnation:
The Village Attorney stated that he had obtained 38 easements and needed
an additional 77 easements.
East One -Half of Yale Garden Homes:
MOVED by Stark seconded by Teresi carried to adopt a resolution order-
ing condemnation of all streets ir_ the area known as the East One -Half
of Yale Garden Homes.
Report of Member Rahn - Suburban Gas Alliance:
Member Rahn reported that Hennepin County Communities were supporting a
study by the Hoper Company of suburban gas rates, and that as soon as
the company had made its report, he would advise the Council.
MOVED by Teresi seconded by Stark carried to approve said licenses for
1957. Member Rahn voted "No".
Electronic Vehicle Speed Meter:
The Council instructed that the matter of the use of the electronic
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vehicle speed meter and the use of the bookkeeping machine be placed
on the agenda of the Council for April 2, 1957.
Bills•
MOVED by Stark seconded by Bies carried to remove from the pre -list of
bills the Pacific Coast Building fee for the checking of the plans of
the General Mills office building, and to approve the bills as sub-
mitted on the prelist.
MGVED by Stark seconded by Bies carried to adjourn the meeting.
ATT ES T
e ministrator & Clerk
iJ