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12-15-59 City Council MinutesREGULAR MEETING of the VILLAGE COUNCIL December 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 December 15, 1959, at 7:30 o'clock P. M. Invocation: Rev. Michael D. Furney, Valley of Peace Lutheran Church, 26th and Noble Avenue North. 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 Attorney, Stanley D. Kane; Village Engineer, Donald Dorensen, Building Inspector, Dan Lynch; Deputy Clerk, Helen Penniman; President of the Planning Commission, George Pennock. Minutes of December 1st. December 8. 1959: MOVED by Teresi seconded by Flannagan carried to approve the minutes of December 1st, and December 8, 1959, as submitted to the Council, Awarding of Bids - Police Patrol Cars The Administrator presented an affidavit of publication in the official newspaper of the call for bids for said patrol car. Said affidavit was examined, approved and ordered placed on file in the Clerk's office. The Administrator reported that five sealed bids had been received. Said bids, upon being opened, were found to be as follows: Name of Bidder Total Net Bid Woodhead Company, Inc. 2 door Ford $1395.00 4 door Ford 1442.00 Wayzata Motors, Inc. 2 door Plymouth 1449.00 4 door Plymouth 1484.47 Hopkins Motor Sales 2 door Plymouth 1469.31 4 door Plymouth 1504.78 Boyer-Gilfillan Motor Co. 2 door Ford 1550.00 4 door Ford 1596.00 Hansord Pontiac Company 2 door Pontiac 1839.00 4 door Pontiac 1875.00 Regular Meeting of the Village Council, December 15, 1959 Page 2. MOVED by Teresi seconded by Flannagan carried to refer the bids to the Chief -of -Police for tabulation and recommendation to the Council. The Chief -of -Police recommended the bid be awarded to the low bidder Woodhead Company, Inc. MOVED by Flannagan seconded by Teresi carried to award the bid to the low bidder, Woodhead Company, Inc., upon recommendation of the Chief -of -Police Public Hearin Liquor License Frank Gracyasz: The Administrator read a notice dated November 25, 1959, and a notice dated November 27, 1959, regarding the public hearing. Said notices were ordered placed on file in the Clerk's office. Mr. Frank Gracyasz appeared and stated he was at the mercy of the Council, but affirmed he was -not guilty. The following persons appeared on behalf of Mr. Gracyasz as character witnesses: Name Statement Martin Paquette Mr. Gracyasz is always willing to co - 2011 Toledo Ave. No. operate and help with the youth in the Village and should not be penalized for one mistake. Mr. Paquette has observed Mr. Gracyasz deny liquor to minors with identification. Robert Brenny Mr. Gracyasz has Mr. Brenny•s sympathy, 6601 Plymouth Ave. North he should have another chance. It is hard to determine the buyers age. R. H. Lindgren Mr. Gracyasz operates a clean business. Robert Raymond Lives next door, never been hurt in 9326 -6th Ave. North any way by said business. Mr. Gracyasz is the best of three operators in the Bowery Tavern. Dr. John W. Shimek "Lefty" made an honest mistake, Anyone can make a mistake; be charitable nobody is perfect, it was an uninten- tional mistake. The Administrator read the statement of Gregory Smith, one of the minors, involved in the sale of liquor to minors. Said statement was ordered placed on file in the Clerk's office. Regular Meeting of the Village Council, December 15, 1959 Page 3. Robert Brenny Since the case has gone this far the 6601 Plymouth Ave. North boys should have a lie detector test. Martin Paquette Has never remembered a serial number 2011 Toledo Ave. North on a bottle he bought. Did police "secure the bottle or did the boy have bottle in his possession. Reprimand "Lefty", but not revoke his license. Louis Bialick Has "Lefty" ever been convicted before 3107 Lee Ave. North for a violation in this Village? He should be given a second chance, he was a victim of circumstances. D. W. Foss Council should consider the mental 5920 St. Croix anguish suffered during the trials and this hearing. This is more than the boys suffered. Dr. J. M. Shimek The police should be commended on a good job, but other establishments are just as bad, they don't smell too good. The Mayor closed the public hearing. The Chief -of -Police stated he was concerned over the attempt to degrade the boys and the police officers testimony, and stated he had no animosity toward the defendant. The Village Attorney gave a resume of the court trial, then read the Village Ordinance relating thereto. MOVED by Flannagan seconded by Teresi carried to revoke the "Off -Sale" Liquor License and the "Off -Sale" Non -Intoxicating Beer License. Member Scherer abstained from voting. Public Hearing -Rezoning -Douglas Drives Enghauser, Nelson & Enghauser: The Administrator presented an affidavit of publication in the official newspaper of the notice of public hearing on said rezoning as described in said affidavit. Said affidavit was examined, approved and ordered placed on file in the Clerk's office. The Mayor announced that this was the time and place for the Public Hearing above referred to and all persons 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: 0 Mr. Pennock, president of the Planning Commission, presented the recommenda- tions of the Planning Commission (see minutes of 11-12-59). Mr. Pennock stated the Planning Commission was not responsible for the -buffer zone restriction on the Honeywell property. LVED by Teresi seconded by Scherer carried to give a first reading to an ordinance entitled: "AN ORDINANCE AMENDING THE ZONING CODE" (Douglas Drive, Enghauser, Nelson & Enghauser) MOVED by Teresi seconded by Flannagan carried to approve the ordinance on its first reading. Council deferred the second reading of the above referenced ordinance to the regular council meeting on March 1, 1959. Regular Meeting of the Village Council, December 15, 1959 Page 4. OBJECTOR OBJECTION William Thomas Concerned about children walking to 2511 Douglas Drive and from school on Douglas Drive and St. Croix. Ray Lindgren Pure Oil Station Asked if there was a need for more service stations there now, and stated there was not enough business for two in the area at present. Oscar Jones 2230 Douglas Drive Wanted what was best for the Village, but would prefer a double bungalow or multiple dwelling to a service station. Fred Jones 5905 Westbrook Road The buffer zone of space will be infringed upon by commercial zoning. PROP---PONENT REASON Paul Enghauser The best use of the land would be a 22 Westwood Drive North service station and office building. J. Gentry Minneapolis Honeywell The property was never offered to Honeywell at the time of the develop- ment of their property. John Enghauser 4409 Glenwood Ave. Traded property at the south end of Honeywell for the present site. Always have planned for a service station on said site. The Mayor closed the public hearing. Mr. Pennock, president of the Planning Commission, presented the recommenda- tions of the Planning Commission (see minutes of 11-12-59). Mr. Pennock stated the Planning Commission was not responsible for the -buffer zone restriction on the Honeywell property. LVED by Teresi seconded by Scherer carried to give a first reading to an ordinance entitled: "AN ORDINANCE AMENDING THE ZONING CODE" (Douglas Drive, Enghauser, Nelson & Enghauser) MOVED by Teresi seconded by Flannagan carried to approve the ordinance on its first reading. Council deferred the second reading of the above referenced ordinance to the regular council meeting on March 1, 1959. Regular Meeting of the Village Council, December 15, 1959 Page 5. Public Hearing -Rezoning & Platting, Clover Leaf Terrace Second_ Addition: The Administrator presented an affidavit of publication in the official newspaper of the notice of public hearing on said rezoning and platting as described in said affidavit. Said affidavit was examined, approved and ordered placed on file in the Clerk's office. The Mayor announced that this was the time and place for the public hearing above referred to and all persons 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 None OBJECTION None Mr. Jonas G. Schwartz, representative for the Clover Leaf Terrace Associa- tion, submitted provision for the developer to incorporate in their application for rezoning, homes to be started on lots 2,3,4,5,6 and 7 Block 2 before applying for building permit on the office building. Rev. R. H. Nightingale, representative of the Northern Union Conference, presented "A Plan for the Development of the Second Addition to the Clover Leaf Terrace". Said plan was ordered placed on file in the office of the Clerk. The Mayor closed the public hearing. Member Flannagan introduced the following resolution and MOVED its adoption: "RESOLUTION" (Acceptance of Platting of Clover Leaf Terrace, 2nd Addition) 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 An Ordinance AmendiM the Zoning Code (Clover Leaf Terrace 2nd Addition): MOVED by Flannagan seconded by Teresi carried to give a first reading to an ordinance entitled: "AN ORDINANCE AMENDING THE ZONING CODE" (Clover Leaf Terrace, Seventh Day Adventists) MOVED by Teresi seconded by Flannagan carried to approve the ordinance herein quoted by title on its first reading. 1 The following objectors also signed a petition opposing said rezoning and appeared as follows: Thomas Morton, 531 Kelly Drive; John Baldwin, 7350 Olson Highway; Norman G. Webber, 7200 Glenwood Avenue; Warren R. Golberg, 7220 Glenwood Avenue. The Mayor closed the public hearing. MOVED by Flannagan seconded by Teresi to deny the request for rezoning. Upon roll call vote being taken thereon, the members were recorded as voting as follows: Bies Regular Meeting of the Village Council, December 15, 1959 Page 6. YES MOVED by Teresi seconded by Flannagan carried to the above entitled ordinance give a second reading to Scherer on the grounds that a public urgency exists. YES MOVED by Teresi seconded by Flannagan carried to approve the ordinance herein quoted by title on its second reading and to order publication there- of. See Ordinance Book page Continued Public Hearin-Rezonin Pankonie-Rainville 7421 Glenwood Avenue: Mr. Duane Foss presented a revised drawing of the proposed mortuary for Pankonie & Rainville at 7421 Glenwood Avenue. Mr. George Pennock presented the recommendations (see of the Planning Commission. minutes of Planning Commission for December 10, 1959). OBJECTOR OBJECTION Edward G. Goedhart Objects to Commercial zoning in his area, 7120 Glenwood Avenue devaluates residential property. The following objectors also signed a petition opposing said rezoning and appeared as follows: Thomas Morton, 531 Kelly Drive; John Baldwin, 7350 Olson Highway; Norman G. Webber, 7200 Glenwood Avenue; Warren R. Golberg, 7220 Glenwood Avenue. The Mayor closed the public hearing. MOVED by Flannagan seconded by Teresi to deny the request for rezoning. Upon roll call vote being taken thereon, the members were recorded as voting as follows: Bies NO Flannagan YES Nadasdy YES Scherer YES Teresi YES Whereupon the Mayor declared the motion carried. Request for Reduced Industrial & Commercial Sewer Rate Minneapolis Honeywell: All present agreed to add the above matter to the agenda. Mr. Gentry and Mr. Mattson, representative of Minneapolis Honeywell Regulator Company, appeared to request a reduced sewer rate in Golden Valley for industry and commercial users. Council discussed the possibilities and called a Special Meeting for the purpose of discussion with representatives of industry in the Village for December 22, 1959, at 7:30 o'clock P. M. Regular Meeting of the Village Council, December 15, 1959 Page 7. Ordinance Waiver_- John Griffith 117 Turnpike Road: Council deferred the matter. Ordinance Waiver - Golden Valley Shopping Center,_ Setback Waiver: Mr. George Pennock, president of the Planning Commission, presented the recommendation of the Planning Commission. (see minutes of 12-10-59). Naegle Outdoor Advertising Company presented the plans and specifications for the above referenced sign permit. MOVED by Teresi seconded by Bies carried to approve the request for ordinance waiver for sign setback, subject to approval of the Building Inspector. Ordinance Waiver - Ethel Baldus 105 North Lilac Drive: Mr. George Pennock, presented the recommendation of the Planning Commission. (see minutes of Planning Commission for 12-10-59). Mr. Abbot Gould, attorney, represented Mrs. Baldus in requesting a waiver to make the building suitable for income property. MOVED by Teresi seconded by Flannagan carried to deny the request for an ordinance waiver upon recommendation of the Planning Commission. Ordinance Waiver - Raun & Lund Construction Company_, 108 Maddus Lane: Mr. George Pennock presented the recommendation of the Planning Commission. (see minutes of Planning Commission for 12-10-59). MOVED by Bies seconded by Scherer carried to approve the request for an ordinance waiver of 5' feet on the front setback, upon recommendation of the Planning Commission. Ordinance Re: Loi -Size Requirements Section 3.04,3.05,31.051-. MOVED by Flannagan seconded by Bies carried to give a first reading to an ordinance entitled: "AN ORDINANCE AMENDING THE ZONING CODE" (Lot Size Requirements) MOVED by Flannagan seconded by Bies carried to approve the ordinance herein quoted by title on its first reading. MOVED by Teresi seconded by Flannagan carried to give a second reading to the above entitled ordinance on the grounds that a public urgency exists. Regular Meeting of the Village Council, December 15, 1959 Page 8 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 Request for Name Change of Winnetka Avenue, Don Trucker: Mr. Trucker presented a request to change the name of Winnetka Avenue to Texas Avenue and Mendelssohn Avenue. Council referred the matter to the Planning Commission for recommendation. Second Reading, Ordinance Amending the Zonis Code (Etzler): MOVED by Flannagan seconded by Teresi carried to give a second reading to an ordinance entitled: "AN ORDINANCE AMENDING THE ZONING CODE" (Etzler) 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. Request for Building Permit, Dan Rogers, (P. B._POlson property): ... The Building Inspector presented the plans and specifications for said building. Mr. Rogers and Mr. P. B. Olson were present. MOVED by Bies seconded by Flannagan carried to grant said building permit, subject to the approval of the Building Inspector. Discussion re: Adoption of Plan B for the Government of the Village: Council discussed the operation of Plan B for the government of the Village. MOVED by Flannagan seconded by Bies carried to appoint Roger K. Ulstad, the present Clerk -Administrator, as Village Manager effective January 1, 1960. Agreement with Hennepin County restricting parking on Plymouth Avenue: The Village Engineer submitted an agreement entitled: "AGREEMENT RELATING TO PARKING RESTRICTIONS ON PLYMOUTH AVENUE BETWEEN FLAG AVENUE AND COUNTY ROAD No. 18" MOVED by Teresi seconded by Flannagan carried to approve the agreement with Hennepin County. 1 Regular Meeting of the Village Council, December 15, 1959 Page 9. Request for Funs d Transfers by the Village Treasurer: The Administrator presented a written request dated December 11, 1959, by the Village Treasurer for transfer of various funds, Said request was ordered placed on file in the Clerk's office. MOVED by Flannagan seconded by Bies carried to defer the matter to the meeting of January 5, 1959. Informal Bids for Village Insurance for 1960: The Administrator presented the specifications for informal bids for insurance for the Village for 1960. Council approved the specifications as submitted and ordered a copy of said specifications placed on file in the Clerk's office. Licenses: MOVED by Teresi seconded by Flannagan carried to approve the licenses listed below: Licenses for approval - December 15, 1959 1796 Chester Bird American Legion Post #523 Cigarette $ 12.00 1797 C. H. Crone (General Mills) Cigarette 12.00 1798 Golden Valley Direct Service Cigarette 12.00 1799 Golden Valley Direct Service Gas Station 20.00 1800 Gray`s Texaco Service Cigarettes 12.00 1801 Knight's Pharmacy Cigarettes 12.00 1802 Michael's Cigarettes 12.00 1803 The Milk House Cigarettes 12.00 1804 Red Crown Lanes Cigarettes 12.00 1805 Red Crown Lanes Bowling Alley 80.00 1806 Red Crown Lanes Pinball (2) 50.00 1807 Sarenpa's Cigarette 12.00 1808 Schuller•s Tavern Cigarette 12.00 1809 Schuller's Tavern Pool Table 5.00 1810 Schuller's Tavern Tavern 350.00 1811 Schuller's Tavern Juke Box 15.00 1812 Theodore Wirth Chalet Cigarette 12.00 1813 Valley Inn Cigarette 12.00 1814 Village Cafe Cigarette 12.00 1815 Wood£ill Shell Service Cigarette 12.00 1816 Woodfill Shell Service Gas Station 30.00 1817 Brookview Country Club Cigarettes 12.00 1818 Golden Valley Off -Sale Liquors Cigarettes 12.00 1819 The Point Supper Club Cigarettes, 12.00 CI 2W Regular Meeting of the Village Council, December 15, 1959 Page 10. Request for Sign Permit; Pilgrim Cleaners 8012 Olson Highway: The Building Inspector presented the request for a sign permit for Pilgrim Cleaners at 8012 Olson Highway. MOVED by Bies seconded by Flannagan carried to grant the sign permit above referred to, subject to the approval of the Building Inspector. Request for Sign Permit -Center Loan Company, 8024 Olson Highway: All present agreed to add the above matter to the agenda. The Building Inspector presented the request for a sign permit for the Center Loan Company at 8024 Olson Highway. MOVED by Teresi seconded by Bies carried to grant the sign permit above referred to, subject to the approval of the Building Inspector. Ordinance Amending the Zoning Code (Side Yard): MOVED by Teresi seconded by Scherer carried to give a first reading to an ordinance entitled: "AN ORDINANCE AMENDING THE ZONING CODE" (Side Yard Requirements - Section 3.11 b) MOVED by Teresi seconded by Flannagan carried to approve the ordinance herein quoted by title on its first reading. MOVED by Teresi seconded by Flannagan carried to give a second reading to the above entitled ordinance on the grounds that a public urgency exists. 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 . Re: Community Water System: The Administrator presented a request by the developers of Brentwood Addition, Terra Linda, and Valley View Addition for a community water system. Council discussed the matter at length. No action was taken. UNICOM II (Races) - Radio Amateur Civil Emergency Services: All present agreed to add the above matter to the agenda. The Administrator presented a letter from the Civil Defense Director regard- ing purchase of UNICOM equipment with matching funds for the approximate net cost of $429.77. Regular Meeting of the Village Council, December 15, 1959 Page 11. MOVED by Bies seconded by Scherer carried to approve the request of the Civil Defense Director to acquire said equipment. Salary Ranke Schedule: All present agreed to add the above matter to the agenda. The Administrator presented a request for a 21% increase in the monthly salary range schedule for the Village of Golden Valley. MOVED by Teresi seconded by Flannagan carried to approve the request for a 21% increase in the monthly salary range schedule. Re: Abatement of Special Assessments, L. Z. Carlson (Park property_): Member Teresi introduced the following resolution and MOVED its adoption: "RESOLUTION AMENDING VARIOUS SPECIAL ASSESSMENT ROLLS" The motion for the adoption of the foregoing resolution was duly seconded by Member Scherer 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 „Lf �Z _. Bills: MOVED by Teresi seconded by Scherer carried to approve the bills as sub- mitted on the prelist. MOVED by Teresi seconded by Bies carried to adjourn the meeting at 12:30 P.M. ayor Attest: V' age Clerk a d Adidinistrator 1 1