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09-15-59 City Council MinutesREGULAR MEETING of the VILLAGE COUNCIL September 15, 1959 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 at 7800 Golden Valley Road in said Village on. September 15, 1959, at 7:30 o*clock P.M. Invocation: Reverend Walter Benton, Grace Community Church, 1300 North Lialc Drive. The following members were present: Bies, Flannagan, Nadasdy, Scherer; and Teresi; and the following was absent: None. Present were Village Clerk and Administrator, Roger K. Ulstad; Village Engineer, Donald Sorensen; Village Attorney, Stanley D. Kane; Building Inspector, Dan Lynch; President of the Planning Commission, George Pennock; Secretary, June Brandt. Minutes of September 1, and September 91959: MOVED by Teresi seconded by Flannagan carried to approve the minutes of September 1 and September 9, 1959, as submitted to the Council. Continued Public Hearing - Rezoning, Laurel Avenue: Mr. Pennock, President of the Planning Commission, presented the report of the Planning Consultants (Carl Gardner and Associates) and the recomm- endations of the Planning Commission. (See Planning Commission minutes, September 10, 1959.) The Mayor announced that this was the time and place for the continued public hearing above referred to. Proponents and objectors expressed their views as follows: OBJET Mr. Leo Brietman 205 Dakota Avenue South Mrs. Stanley Swanson 225 Brunswick Avenue South OBJECTION Inquired whether only access road to proposed industrial area would be Laurel Avenue. Feels the area proposed for light industrial use is higher ground than some of the surrou- nding area, and therefore more suitable to residential devel- opment. Also feels that the present street pattern could be continued south and would then encourage further res- idential growth. Industrial 1 1 1 1 1 Regular Meeting of the Village Council, September 15, 1959 OBJECTOR Gordon Lindberg 200 Brunswick Avenue South Lester Elstad 5910 Wayzata Boulevard (Business) Dr. R. G. Petersen 140 Brunswick Avenue South David Trach Builder development on north side of Laurel would cause truck traffic on residential streets. States that nearly all of the people residing in her immediate area are opposed to industrial zoning north of Laurel Avenue. OBJECTION Feels that the area up to the Railroad tracks should be dev- eloped for residential or multiple dwelling use. Does not feel th2t residenital area north of Laurel will devel- op is some of the land is zoned industrial. States the land north of Laurel Avenue is peet and probably more suited to commercial or industrial than residential use. Feels that there is not enough "buffer" planned between industrial and residential areas proposed and that there should be either all industrial or all residential use along the north side of Laurel Avenue. County Ditch #6, Mr. Elstad feels, will not remain open indefinitely and should be tiled and filled now. States if pre- sently proposed rezoning is acc- epted, he will request a 300 ft. wide strip along the north side of Laurel for light industrial zoning. Feels the low area in the proposed plan will need to be filled and raised regardless of the type of use, and that if industries are built there, the industrial area will be too conspicuous from the Gienway Slopes Addition. Feels that possibly the whole north side of Laurel Avenue should be zoned industrial. Suggests that a row of evergreens might be set along Laurel Avenue to add to the buffer between the different zones. 150 Regular Meeting of the Village Council, September 15, 1959 OB� R OBJECTION Mr. Stanley Swanson If some of the land north of Laurel 225 Brunswick Avenue South Avenue is zoned industrial, it is likely to follow that residential development will stop. This would mean industry gradually moving west along the north side of Laurel Avenue. Mr. Leo Brietman Feels that homes could be built facing 205 Dakota Avenue South Judicial Ditch #6 if certain improve- ments and changes were made and that, if this were done, it would stop the possibility of industry "creeping" west along Laurel Avenue. Mr. Joseph Perkins Does not feel it suitable that comm - 6585 Cortlawn Circle West ercial or industrial uses should abut on the Chruch property. Mr. McNamara, representing Feels that the property north of Laurel Chruch of the Good Shepherd Avenue should be put to residential use. The Mayor closed the public hearing. Council discussed the objections heard and the recommendations of the Planning Commission. MOVED by Teresi seconded by Flannagan and carried to establish a policy to keep industrial zoning, where possible, confined to the south side of Laurel Avenue. Public Hearing - Street Vacation, Oak Trail: The Clerk presented an affidavit of publication in the official newspaper of a notice of public hearing on the proposal to vacate certain streets and portions of streets and an alley, and all persons present to do so were afforded an opportunity to express their views thereon. OBJECTOR OBJECTION None None Member Flannagan introduced the following resolution and MOVED its adoption: "RESOLUTION VACATING STREETS AND PORTIONS OF STREETS" (Oak Trail and Alley in Kalvis Cedardale) 0" 1 Regular Meeting of the Village Council, September 15, 1959 The 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 Bies, Flannagan, Nadasdy, Scherer, 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 sig- nature attested by the Clerk. See Resolutions Book Page. Awarding of Bids - $825,000 Bond Sale: The Mayor stated that an invitation for bids for the purchase of $825,000 Improvement Bonds of 1959 of the Village had been sent out to prospective bond purchases, said bonds to be issued for the purpose of financing 59- L.F. Sanitary Sewer Lateral and a number of similar improvement projects. He further stated that this was the time and place specified in said invitation for the,receipt and opening of sealed bids. On motion duly made, seconded and carried, the issuance of such invitation for bids and the terms of sale of said bonds as contained therein were approved and ratified. The Clerk reported that three sealed bids had been received pursuant to said invitation, which were then opened and read aloud, and were found to be as follows: After discussion of bids received, Member Flannagan introduced the following resolution and MOVED its adoption: "RESOLUTION AWARDING SALE OF $825,000 IMPROVEMENT BONDS OF 1959" The 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: Bies, Flannagan, Nadasdy, Scherer,,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. Building Permit Request - Lutheran Bible Institute- The Building Inspector presented the plans for the Lutheran Bible Institute with samples of the proposed exterior of the buildings. Name of Bidder or Manager of Bidding Account Interest Rates Premium Piper, Jaffray & Hopwood 4.510% None John Nuveen & Company 4.612% $230.00 Juran-Moody, Inc. 4.60% None After discussion of bids received, Member Flannagan introduced the following resolution and MOVED its adoption: "RESOLUTION AWARDING SALE OF $825,000 IMPROVEMENT BONDS OF 1959" The 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: Bies, Flannagan, Nadasdy, Scherer,,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. Building Permit Request - Lutheran Bible Institute- The Building Inspector presented the plans for the Lutheran Bible Institute with samples of the proposed exterior of the buildings. 152 Regular Meeting of the Village Council, September 15, 1959 Mr. Green, Architect for the Institute and Rev. Opsal appeared on behalf of the applicant. MOVED by Teresi seconded by Bies car=ried to grant the building permit subject to relocation of the gas tank within the area which is zoned "Institutional" as of this date (September 15, 1959), and to the approval of the Building Inspector. Request to Rezone - Lutheran Bible Institute: MOVED by Flannagan seconded by Teresi carried to call a public hearing on October 20, 1959 to rezone additional property for use of the Lutheran Bible Institute at Highway .#55 and Douglas Drive. Request for Sign Permit - Golden Valley Direct Service: The Building Inspector presented the plans for a sign permit for Golden Valley Direct Service. MOVED by Teresi seconded by Flannagan carried to approve the issuance of a sign permit subject to the approval of the Building Inspector. Final Plat Approval - Adeline Addition, Dr. Boller: Mr. Pennock, President of the Planning Commission, presented the rec- ommendations of the Planning Commission. (See Planning Commission minutes dated July 16 and September 10, 1959). MOVED by Scherer seconded by Bies carried to approve the recommendations of the Planning Commission with reference to Adeline Addition, insofar as such approval does not conflict with the court order now in effect, it being the intention and purpose of this Council"to waive in per- petutity any non-conformancy with any ordinance provision which may ever arise as a result of any approval of said plat. Open n House - New Civic Center: Mr. Paul Enghauser, Chairman of the Building Committee for the Civic Center, reported that he has contacted the various people interested, and that October 12, 1959 has been tentatively set to hold Open House in the Civic Center. Ordinance Waiver - Palmer K. Larson, Lots 404 and 405, Glenwood Addition: Mr. Pennock, President of the Planning Commission, presented the recommen- dation of the Commission. (See Planning Commission minutes: August 13 and September 10, 1959). Min Regular Meeting of the Village Council, September 15, 1959 Mr. Palmer appeared and requested special consideration of this problem since present elevations in the area cause drainage of surface waters into his garage as it is now located. He wishes to add on to the front of the garage to raise the floor_ elevation. MOVED by Flannagan seconded by Teresi carried to defer the request to October 6 to allow time for the Council to inspect the location involved. Ordinance Waiver - Duane Foss - Lot 8 Aud. Sub. #322: Mr. Pennock, President of the Planning Commission, presented the recommen- dation of the Commission. MOVED by Teresi seconded by Flannagan carried to approve the waiver subject to the recommendations of the Planning Commission. (See Planning Commission minutes, September 10, 1959). Request for Ordinance Waiver - Rev. Meyers 3016 Golden Valley Road: Mr. Gorian, Builder, and Rev. Meyers appeared to'request an ordinance waiver at 3016 Golden Valley Road. Council explained procedure for obtaining a waiver to Rev. Meyers and referred the matter to the Planning Commission. First Reading - Ordinance Amending 3.052(Merger of Title) MOVED by Bies seconded by Teresi carried to give a first reading to an ordinance entitled: "AN ORDINANCE AMENDING THE ZONING CODE" (Merger of Title) The Village Attorney read the proposed ordinance amendment and explained its content. Mrs. Richard Buffington appeared and restated her problem in relation to the ordinance. (See Council Minutes, September 1, 1959). MOVED by Teresi seconded by Flannagan carried to approve the ordinance an its first reading. Member Scherer voted "NO". Second Reading_ - Ordinance - Rezoning for Good Shepherd Lutheran Church: LVED by Flanriagan seconded by Bies carried to give a second reading to an ordinance entitled: "AN ORDINANCE AMENDING THE ZONING CODE" (Institutional Zoning for Good Shepherd Lutheran Church) 154 Regular Meeting of the Village Council, September 15, 1959 MOVED by Teresi seconded by Flannagan carried to approve the ordinance herein quoted by title on its second reading and to order publication thereof. See Ordinance Book Page Second Reading - "Open Bottle Ordinance": MOVED by Bies seconded by Flannagan carried to give a second reading to an ordinance entitled: "AN ORDINANCE AMENDING THE VILLAGE CODE" (Open Bottle Ordinance) MOVED by Flannagan seconded by Bies carried to approve the ordinance Licensee herein quoted by title on its second reading and to order publication thereof. See Ordinance Book Page. Harding Williams Cafeteria (Gen'1Milis) Preliminary Plans -IImprovement of T.H. #12: Mr. Pennock, President of the Planning Commission, presented the prelim-` Minneapolis Honeywell inary plans for T.H. #12. Mr. Pennock also presented the recommendations of the Planning Commission as outlined in the minutes of the Planning the following Commission dated September 10, 1959. licenses to MOVED by Teresi seconded by Flannagan carried to approve and adopt the Member Bies recommendations of the Planning Commission, to defer approval of the voted "NO". preliminary plans to October 6, 1959, and to instruct the Village Administrator to transmit a copy of the Council action to the Highway Department of the State of Minnesota for their consideration. Request to Advertise for Bids - Police Patrol Car_: The Administrator presented the request of the Police Department to advertise for bids for the purchase of a new Police Patrol Car. MOVED by Bies seconded by Scherer carried to grant the request to ad- vertise for bids, said bids to be awarded on October 20, 1959. License Applications: MOVED by Teresi seconded by Flannagan carried to grant food licenses as follows: License No. Licensee Fee 1765 Harding Williams Cafeteria (Gen'1Milis) $20.00 1766 Minneapolis Honeywell $20.00 MOVED by Teresi seconded by Flannagan carried to grant the following licenses to the Golden House (Clifford L. MacKenzie). Member Bies voted "NO". I Regular Meeting of the Village Council, September 15, 1959 License No. Type of,Licey se Fee 1767 Tavern $350.00 1769 Beer - On -Sale $250.00 1770 Beer - Off -Sale $ 15.00. 1771 Soft Drinks $`10.00 1772 Cigarettes $ 12.00 1773 Juke Box $ 15.00 1774 Food $ 20.00 Condemnation of Right -of -Way - Plymouth Avenue: The Village Engineer presented the plans for Plymouth Avenue Improvement. Council discussed the proposed plans. Member Teresi introduced the following resolution and MOVED its adoption: "RESOLUTION ORDERING CONDEMNATION" (Plymouth Avenue) The motion for the adoption of the foregoing resolution was duly seconded by Member Flannagan and upon vote being taken thereon, the following voted in favor thereof: Bies, Flannagan, Nadasdy, Scherer, 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; Platting Regulations: Member Scherer introduced the following resolution and MOVED its adoption: "RESOLUTION ADOPTING PIATTING REGULATIONS" 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, Flannagan, Nadasdy, Scherer, 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 PageL:;-, Discussion - Forms of Village Government: Member Flannagan presented a summary to Council of certain forms of Village Government. Council deferred the matter to October 6, 1959. Discussion - National Convention: Council discussed the matter of plans and financing of convention trips by Village Officials. Council prefers to handle each request individually, on its own merits. 1 W6 Regular Meeting of the Village Council, September 15, 1959 Discussion - 'Green River Ordinance": Counci deferred the above referenced matter to October 6, 1959. Bills: MOVED by Scherer seconded by Teresi carried to approve the bills as submitted on the prelist, and to add to the prelist the amount of $2,675.00 payable to Amy Wagner. Said addition to the prelist, as recommended by the Village Attorney,"concludes the settlement of the Wagner condemnation in the total amount of $5,075.00. MOVED by Scherer seconded by Bies carried to adjourn the meeting at 11:55 o'clock P. M. Attest: Mil Clerk d Administrator 1