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07-16-57 City Council MinutesREGULAR MEETING of the VILLAGE COUNCIL -142 - July 16, 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 July 16, 1957, at 7:30 o'clock P. M. The following members were present: Bies, Nadasdy, Rahn, Stark; and the following were absent: None. Member Teresi arrived at 8:10 P.M. The Mayor called the meeting to order at 8:05 P. M. o'clock. Re: Minutes: MOVED by Rahn seconded by Stark carried to amend the minutes of July 9, 1957, Page 1402 after paragraph 2, by adding the following words thereto: Q.ts ./6 "The Council instructed that the above referenced position classification studies, and retroactive pay increases, be referred back to Council for approval after adoption" MOVED by Rahn seconded by Stark carried to approve the minutes of the meetings of June 28, 1957, Board of Tax Review, the July 2, 1957, Regular Meeting, the July 22 1957, Board of Tax Review Meeting, and the July 9, 1957, Special Meeting, as corrected and read. Awarding of Bids - Fire Department Hose Washer: The Village Administrator presented and read a letter from Mr. Eugene Thotland, Chief, Golden Valley Fire Department, dated July 10, 1957, recommending the bid be awarded to the Minnesota Fire Equipment Company, 129 South 10th Street, Minneapolis, Minnesota, for a total price F.O.B. of $914-00. Said letter was ordered placed on file. MOVED by Stark seconded by Bies carried to accept the recommendation of the Fire Chief and to award the bid to the Minnesota Fire Equipment Company, and to instruct that the bid checks of unsuccessful bidders be returned. Firemen's Salaries -Calling of Special Meeting: Council deferred the above referenced matter to the meeting of July 23, 1957. Public Hearing -Rezoning -Federal Container Corporation.- The orporation: 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 proposed rezoning as described in said affidavit from Railroad Zone to Industrial Zone. Said affidavit was examined, approved and ordered placed on file. The Administrator advised the Council that said re- zoning request was approved by the Planning Commission, and read from the minutes of the Planning Commission for May 9, 1957. -143 - Regular Meeting of the Village Council, July 16, 1957 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 OBJECTION None None There being no objections, the Mayor closed the public hearing. MOVED by Rahn seconded by Teresi carried to give a first reading to an ordinance entitled.: "AN ORDINANCE AMENDING THE ZONING CODE" (Federal Container) MOVED by Rahn seconded by Stark carried to approve the above ordinance herein quoted by title on its first reading. The Attorney then read the ordinance the first time. MOVED by Teresi seconded by Rahn carried to give a second reading to the above ordinance on the grounds that a public emergency exists. The Attorney then read the ordinance the second time. MOVED by Teresi seconded by Stark carried to approve the above ordinance herein quoted by title on its second reading, and to order publication thereof. See Ordinance Book Page,"4-• Public Hearing -Rezoning -Mark Hurd Aerial 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 proposed rezoning as described in said affidavit from Open Development to Business and Professional Zone. Said affidavit was examined, approved and ordered placed on file. The Admin- istrator advised the Council that said rezoning request was approved by the Planning Commission on June 13, 1957, and read from the minutes of said meeting. 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 OBJECTION None None Mr. Allen C. Bock, representative of the Mark Hurd Company, was present for the purpose of answering questions regarding the proposed use of the property. There being no objections, the Mayor closed the public hearing. I I -144- Regular Meeting of the Village Council, July 16., 1957 MOVED by Stark seconded by Bies carried to give a first reading to an ordinance entitled: "AN ORDINANCE AMENDING THE ZONING CODE" (Rezoning, Mark Hurd Aerial Survey Company) MOVED by Teresi seconded by Stark carried to approve the above ordinance herein quoted by title on its first reading. The Village Attorney stated, without opportunity for Study, that this was the proper zoning category for the above referenced business. The Council stipulated, as a condition to the above rezoning, that the Mark Hurd Aerial Company agree to transfer to the Village of Golden Valley, at no cost to the Village, the right-of-way for Pennsylvania Avenue extended and the right-of-way for Laurel Avenue extended. Mr. Allen C. Bock agreed to the above stipulation. Public Hearing -Rezoning -Dundee Landscaping: 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 proposed rezoning as described in said affidavit from Open Development to Commercial. Said affidavit was examined approved and ordered placed on file. The Administrator advised the Council l that said rezoning request was denied by the Planning Commission on July 11 and d read the minutes of said meeting. , 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 Mr, Arthur Oman 1230 Toledo Avenue North Mr. Sam Segal 930 Toledo Avenue North Mr. Eugene Thotiand 1220 North Lilac Drive OBJECTION Mr. Oman stated he did not want Commercial zoning on the east side of Highway #100. Mr. Segal objects to any Commercial zoning in this area, Mr. Thotland stated he objected to Commercial zoning because this was a residential district, although he did not object to Dundee's business. Dr. Boller Dr. Boller objected to the rezoning 1040 Angelo Drive because it would depreciate the I value of the homes in that area. -1k5 - Regular Meeting of the Village Council, July 16, 1957 Mr. Dundee was present and stated he didn't care about the rezoning, that he was only interested in obtaining a billboard sign to advertise his business. The Attorney requested the Mayor to call for a show of hands of those present who opposed the rezoning. A count showed that there were 12 present who opposed said rezoning. Whereupon the Mayor closed the public hearing. MOVED by Teresi seconded by Rahn to deny the application for rezoning. Upon roll call vote being taken thereon, each member of the Council was recorded as voting as follows: Bies NO Nadasdy YES Rahn YES Stark NO Teresi YES Whereupon the Mayor declared the motion carried. Public Hearing - Western Avenue Storm Sewer Improvement: 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 proposed improvement as described in said affidavit. Said affidavit was examined, approved and ordered placed on file. The Village Engineer advised the Council that the estimated cost of said improve- ment was $6,67.00, and recommended the construction of said improvement. Upon question the Engineer stated that the estimated cost of the improvement was $230.95 per acre and that General Mills owned 27 acres and Mr. Ford owned 2.5 acres. 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 OBJECTION None None Member Bies reported that Mr. Ford had called him, and stated that he could not attend, but was opposed to the improvement. Mr. Howard Loomis, representative of General Mills Company, stated that General Mills would be assessed approximately 90% of the cost of said improvement, and that the Company wanted the improvement constructed. The Mayor then declared the public hearing closed. -146 - Member Rahn then introduced the following resolution and MOVED its adoption: "RESOLUTION ORDERING CONSTRUCTION OF AND DIRECTING PREPARATION OF FINAL PLANS AND SPECIFICATIONS FOR CERTAIN PROPOSED PUBLIC IMPROVE- MENTS (FUND 21-e) WESTERN AVENUE STORM DRAINAGE" The motion for the adoption of the foregoing resolution was duly seconded by Member Teresi and upon vote being taken thereon, the following members 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 signature attested by the Clerk. See Resolutions Book page /& . Request for Commercial Building Permit - Valley Lanes - Andreasen & Jacobson: The Village Engineer presented plans and specifications for the above referenced building. Mr. Andreasen and Mr. Jacobson were present to answer questions regarding the proposed building. MOVED by Bies seconded by Stark carried to instruct the building inspector to issue a building permit per plans and specifications for the above referenced building., subject to the approval of the building plans by the International Conference of Building Officials. Member Rahn voted "NO" and stated the reason for his "NO" vote was because of the request for an on -sale non -intoxicating liquor license by the Valley Lanes. License Approval - Valley Lanes: Member Rahn, Chairman of the license committeeP presented the request for the following licenses: Applicant Type of License No. of License Valley Lanes Bowling Alley Bowling Alley 1328 Valley Lanes Bowling Alley Soft Drinks 1329 MOVED by Stark seconded by Teresi carried to grant the above licenses to Valley Lanes Bowling alley per applications on file. Member Rahn voted "NO" on the bowling alley license because of his previous vote of "NO" on their application for a building permit. License - Valley Lanes Bowling Alley - Non -Intoxicating Malt Liquor On -Sale. - Member Rahn., chairman of license committee, presented the request for the above referenced license, and stated that he would not recommend the issuance of such license on grounds of its proximity to the Westview Good News Chapel. Upon question, the Village Attorney stated that the proximity of a church applied to liquor licenses anddid not apply to 3.2 on -sale non -intoxicating liquor license. -147 - Regular Meeting of the Village Council, July lb, 1957 The Mayor stated that he had received several telephone calls against issuing said license and assumed they were concerning the bowling alley on Highway #12. The Mayor further stated that all his answers were made under such erroneous impression and that he was now considering the matter before the Council on its merits, without having any previous experience with it and that it was his understanding that no letter had ever been received from the proprietors of the Valley Lanes Bowling Alley stating that said proprietors would not ever apply for a "3.2 On -Sale Beer" license. Mr. Mary Volden, 217 Hanley Road, appeared in opposition to a license of this type in any bowling alley. Mr. Ray Lundquist, Probation Officer of Juvenile Court, was present and opposed the above referenced license, stating that in his experience teen-agers, having secured beer under similar conditions and consumed same, have engaged in certain nefarious activities. MOVED by Rahn seconded by Bies to deny the request for an on -sale non -intoxicating liquor license. Upon roll call vote being taken thereon, each member of the Council was recorded as voting as follows-. Bies YES Nadasdy NO Rahn YES Stark NO Teresi YES Whereupon the Mayor declared the motion carried. Re: Vacation of Ardmore Drive - Federal Container Corporation: Mr. Eugene Minenko, 1200 Rand Tower, representative for Feld's Market, appeared to protest vacation of Ardmore Drive on the grounds that on June 4, 1957, the Village Council of the Village of Golden Valley had adopted a resolution ordering vacation of a thirty foot "street" now known as Ardmore Drive. Mr. Minenko stated that said thirty foot "street" had been dedicated in its entirety by the person or persons owning the property prior to the Felds, and that if said street were vacated, his clients would own all of the former thirty foot street, and that if this were the case, Federal Container Corpor- ation is now building on the property which belongs to the Felds. Mr. Minenko stated that in the usual course of events, where a street is vacated, the abutting property owners then receive title to the property to the center line of the "street", but that such was not the case when all the land originally dedicated for the street had come from one property owner. Mr. Simonson, 2520 Parkview Boulevard, requested the Council to rescind the previous action vacating Ardmore Drive. The Village Attorney stated that he had not yet filed the vacation of Ardmore Drive and that under this condition the Council was free to revoke its previous action of June 4, 1957. The Council requested a report on the above matter on July 18, 1957. -148 - Regular Meeting of the Village Council, July 16, 1957 Mr. Jones, representing neighbors on Westwood Drive, requested information on what will be done to restore the above referenced road which is torn up as a result of sewer construction. The Village Engineer stated said road has been dust treated, but dust treatment is not permanent. The gravel base has been replaced, but bituminous material has not been put back because the road will be torn up in several places for additional lateral sewer connections this year. The Engineer stated the sod will be replaced by the contractor after completion of sewer work in said street. Mr. Prestegaard was present in regard to the above referenced matter. Request for Rezoning - Property East of Winnetka and South of Medicine Lake Road n mar �p}•wrv^: The Village Engineer read the minutes of the Planning Commission of July 11, 1957. MOVED by Bies seconded by Rain carried to adopt the Planning Commissions recom- mendation and delay the rezoning request. Final Approval - Murri-Mac Plat; The Village Engineer presented the plat to Council and stated that half of the proposed street is located in the City of St. Louis Park. MOVED by Rahn seconded by Teresi carried to grant final approval to the Murri Mac Plat upon recommendation of the Planning Commission, subject to the posting of a bond guaranteeing compliance with sub -division requirements of the Village of Golden Valley, said bond to be released one year from this date providing all requirements of said bond have been met in the opinion of the Village Engineer. Mr. James Pitt, representative for Murri-Mac, was present to answer questions regarding the above referenced plat area. MOVED by Rahn seconded by Teresi carried that a member of the Planning Commission and a member of the Council of the Village of Golden Valley and City of St. Louis Park, meet in the very near future for the purpose of discussing and recommending to their respective Councils, solutions to all problems which require the cooperation of both municipalities if reasonable and equitable solutions which will benefit both municipalities are to be adopted. The Mayor appointed Member Rahn to represent him and Mr. Pennock agreed to represent the Planning Commission at the above referenced meeting. Re: Dr. Kiehne, 4508 Sunset Ridge: The Mayor inquired if Dr. Kiehne was present. There being no response, the Mayor ordered the next item of business. Re: Mosquito Abatement Program - Hennepin County Board of Commissioners: The Village Administrator stated many letters favoring the adoption of the above referenced program had been received. Said letters were noted and ordered placed on file in the Clerk's office. -149 - Regular Meeting of the Village Council, July 160 1957 MOVED by Rahn seconded by Teresi carried to instruct the Village Attorney to draft a resolution recommending said program, and include the recommendation that this program include a five county unit. Re: Amount of Lateral Sewer Assessment - Northwest Trunk Sewer: MOVED by Teresa seconded by Stark carried r benefptsvaccordedrate thoseapersonsnt of $6.20 per front foot for lateral sew owning property abutting on the Northwest Trunk Sewer, upon the recommendation of the Special Assessments Chief and the Village Administrator. Re uest for Rezonin - East of Douglas Drive and West of Minneapolis, North - r OD lympia Street - Mr. . W. Foss: Mr. Foss requested that the above area be zoned from Open Development to Light Industrial or Commercial Zone, MOVED by Bies seconded by Stark carried that a notice of public hearing be inserted in the official Village newspaper of the above referenced rezoning, said public hearing to be held on August 20, 1957, rezoning said area from Open Development to either Light Industrial or Commercial upon the recommenda- tion of the Planning Commission, Member Rahn voted "NO". Preliminary Approval - Flygare Plat: The Village Engineer reported that the above referenced plat received prelim- inary approval by the Planning Commission on July 11, 1957. MOVED by Teresi seconded by Bies carried to grant preliminary approval upon the recommendation of the Planning Commission. Preliminary Approval - Samuelson's Flat: The Village Engineer reported that the above referenced plat received preliminary approval by the Planning Commission on July 11, 1957. MOVED by Teresi seconded by Stark carried to grant preliminary approval upon recommendation of the Planning Commission. Member Rahn abstained from voting with the consent of all members of the Council. Final Approval - Greenview Terrace Plat: The Village Engineer reported the above referenced plat received final approval by the Planning Commission. MOVED by Bies seconded by Stark carried to grant final approval to the Greenview Terrace Plat upon the recommendation of the Planning Commission, subject to the posting of a bond guaranteeing compliance with sub -division requirements of the Village of Golden Valley, said bond to be released one year from this date providing all requirements of said bond have been met in the opinion of the Village Engineer. 1 1 ij -150- Regular Meeting of the Village Council, July 16, 1957 Re; Proposal from K. M. Clark Company re• Engineering Services: The Village Administrator read a letter from Mr. Ralph Fredrickson, dated July 16, 1957, said letter was ordered placed on file. Action on the above referenced matter was deferred indefinitely. Re: Rezoning Procedures: MOVED by Bies seconded by Stark carried to instruct the Attorney to draw up an ordinance limiting public hearings on rezoning of property by the same person for the same property to one a year. Special Meeting of the Village Council: The Council instructed the Clerk to call a special meeting for July 30, 19572 for the purpose of discussing the New Hope contract with Golden Valley. Appointment of Deputy Treasurer: Mr. C. W. Bryan advised the Council he would be absent during the month of August, and appointed Mr. Stanley D. Kane as Deputy Treasurer in his absence. MOVED by Teresi seconded by Stark carried to confirm the appointment of Mr. Kane as Deputy Treasurer during Mr. Bryan's absence. Re: Bookkeeper: The Village Administrator advised the Council that Miss Marcella Kral was employed as bookkeeper for the Village of Golden Valley, effective July 152 1957, Bills: MOVED by Bies seconded by Stark carried to approve the bills as submitted on the prelist. MOVED by Stark seconded by Rahn carried to adjourn the meeting. E \NA u or