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05-17-49 City Council Minutes�J May 17, 1949 A regular meeting of the Council of the Village of Golden Valley was held pursuant to due notice thereof on May 17, 1949 a.t 7:30 o'clock P. K. at the Village Hall, with the following members present: President Sta.sel, Trustees "Pinch,Putnam, Reiss and Stark. Minutes of the meeting held May 3rd were read and on mo- tion by Stark seconded by Pinch approved. Treasurer's renort deted MRy 3, showed a balance in all funds of $9,970.28 and the following receirts totaling 1660.35 and a, cony wa,s placed on file: Received from For Amount C. B. Case Pin Ball License 100.00 Mike Bobgan Soft Drink License 10.00 Jerry Cramer Soft Drink License 10.00 Non-Intox. Malt Rev. "Off Sale" 5.00 Cigarette License 8.00 A. H. Ringstad Soft Drink License 10.00 Ta.ldron Drugs A?on-Intox Malt Bev. "Off Sale" 5.00 Kiddieland, Inc. Amusement Park License 50.00 George Homberger 3 Dog Licenses 3.00 T. E. Pinch 2 If P2.00 Merlin Kroohn " 1.00 Geo. T, Taylor 2 " 2.00 Charles E. Berry " 1.00 Mrs. Thorness " 1.00 Joseph Rydmark " 1.00 J. M. Ferguson If 1.00 J. C. Akins it 1.00 E. Miller If 1.00 Mrs. Frances Mooney If 1.00 B. S. Waldron If 1.00 A. Swabotka +' 1.00 Oscar Bremseth if 1.00 Paul J. Fortin Electricians License 1.00 G. B. Nentworth If 1.00 Falter Julian If 1.00 E. Snencer " 1.00 F. R. Stinchfield " 1.00 F. Taylor " 1.00 C. 0. Tilliams " 1.00 0. B. Thorrnson " 1.00 0. G. Lindell ++ 1.00 C. H. Richmond If 1.00 A. C. Anderson " 1.00 Y. Heller " 1.00 R. A. gayer " 1.00 Frank Hurd " 1.00 Received. from For Amount M.E. Birkholz 7lectricians License 1.00 B. Thomas " 1.00 R. C. Plant " 1.00 F. M. Trinn 1.00 Earl Tilliams " 1.00 A. S. Ingebretson " 1.00 E. M. Stevens '" 1.00 P. L. Byron " 1.00 G. T. Golberg " 1.00 R. D. Hill " 1.00 A. R. Berndt If 1.00 George Brown of 1.00 A. L. Glaty " 1.00 G. H. Neslund " 1.00 J. 0. Sollblad " 1.00 Stanley Thomas to 1.00 Oliver Isaacson " 1.00 Herbert Bacon " 1.00 Mrs. J. J. McKenna Fire Dent. Service 135.00 Swan Erickson Building Permits 154.00 If if Plumbing Permits 69.50 If It rlectric Permits 43.35 Marion Florida Soft Prink License 10.00 Total Receints 6.35 Mr. S. A. Ainsworth, County Commissioner, and Yr. L. P. Zimmerman, County Highway Engineer, anDeared and explained their elan in taking over certain Village and community streets throughout the county and reverting back to the communities other streets and roads. Mr. Zimmerman stated. that the county had a petition signed by free holders of Golden Valley to take over Turners Cross Road. He also nro- nosed that the county would take over Winnetka Avenue from 6th Ave. South to Wayzata Blvd. and that taking over Turners Cross Road would be contingent on the construction of the ball nark at its nronosed location. In turn, he nronosed. that the Village of Golden Valley take over Noble Avenue after it's nut into good shone and sealcoated. Mr. Zimmer- man also indicated that the county would nronose reverting back to the Village that portion of 6th Ave. North from the Beltline west when the new nronosed T. H. 55 is constructed. Mr. Ainsworth indicted that the nroba•ble necessity of an under -Dass on Winnetka Ave. North at the P. R. crossing. He also stated th^•t the right -of -wap at the intersection of Tinnetka and 6th Ave. North (Olson's) would have to be cleared before the county would improve ''�innetka. Ave. North. staring the discussion that followed Mr. Ainsworth started that fur- ther consideration would be given to these matters and that more concrete nronosais would be presented in writing after further discussion and agreements with the Council. M The President announced that the meeting was open to the receiving of bids for furnishing one 1949 automobile for police purposes. The following sealed bids accompanied by bidders' checks were opened and read: RENOIR MOTORS, INC. 1949 Hudson Suner-Six Brom. $2240.00 Options: Overdrive 100.58 Weathercontrol (Air -Coad) 63.93 Front Bumper Guards 13.38 Oil Bath Cleaner 5.61 443.55 Plus License Allowance on Trade-in 1948 DeSoto 2 D. -1155.00 Cash Difference $1268.55 BOY'A'R & GILFILLAN MOTOR COMPANY 1949 Ford Fordline Tudor Delivery- $1597.25 (8 -cylinder) Magic Air Hot tater Heater installed 58.00 1655.25 Less Fed. Tax - 79.50 11575.75 Allowance on Trade-in 1947 DeSoto 2 -Door 800.00 Net Del. price 3 775.75 Fordline Fordor(8-cylinders)a.t $47.50 additional DAHLBERG BROTHrRS, INC. 1949 Ford Tudor- 6 cylinder $1523.75 Less Federal Tax - 87.00 11436.75 Allowance for 1947 DeSoto Tudor Deluxe -856.75 Net Differences 580.00 The above automobile with 100 H.p., 8 cylinder engine to be furnished for an additional $71.00. After tabulation and due considerption, motion by Stark to accent the bid of Dahlberg Brothers, Inc. to furnish one 1949 Ford Tudor, 100 H.P. 8 -cylinder engine, at a net diff- erence of $651.00 after a trade-in nllowpnce on the 1947 DeSoto Tudor Deluxe of 4856.75 and to authorize the return of checks of unsuccessful bidders was seconded by Pinch and unanimously carried. Motion by Putnam seconded by Pinch carried to give a Ord.Bk.2 second reading to "AN ORDINANCE AV7NDTNG THE BUILDING ORnIN- p.95 ANCE OF THE VILLAGE' OF GOLDEN VALLEY" The ordinance was given its second reading and motion by Putnam to a.nprove the second reading was seconded by Stark and. carried. The President then opened the meeting to consider the rezoning of the area north of 6 Ave. North Find west of the Minneapolis, Northfield & Southern R. R. A letter dated May 17, 1949 from Mr. Stanley Kane, Village attorney, was read and explained by Mr. Kane to the effect that so long as the land in ouestion is not used for railroad nurnoses, but de- voted to other uses it is liable for the regular aid valorem realestate taxes. An opinion of the Attorney General was also read and explained by Mr. Kane. Mr. Davenport of the M..N.& S.R.R. stated that it was the intent of said railroad to lease or sell the property under consideration and that he would obtain a letter from the president of the railroad which would indicate tht it was not their intent to erect shops or to use the land for other railroad purposes. Discussion cen- tered on the possibility of whether the new ordinance enacted earlier in the meeting could stop the railroad from erecting shops or other railroad type buildings. The Village attorney, stated that it could not do so without discriminating a.Rainst the railroad and indicted that a. letter from the board of directors or the president of the railroad could possibly fore- stall the erection of railroad type buildings for sometime in the future. Mr. Kane also indicated the possibility of estab- lishing a fifth zoning district (Railroad) in addition to the nresent four. Mr. Thomas presented a petition sinned by 46 persons in opposition to the rezoning of the area. Mr. Don Morgan also spoke in opposition to the rezoning. After further discussion on the possibility of phrasing the rezoning ordinance for non railroad purposes and the possible control of the tune of buildings that might be erected in the area., m otion by Putnam seconded by Stark carried to delay action on rezoning until the June 7th meeting in order that the nronosed ordinance could be redrafted and to allow time for the railroad, to pre- sent a formal resolution or letter by the board of directors or other corporate officers on the tyne of buildings that may be erected in the area, types of industries, or other probable uses. 49 The meeting was then onened for consideration of arnli- cations for drive-in theatres in Golden Valley. The minutes of the May 3 meeting nertaining to drive-in theatres wars rend again. Mr. 'Donald Tright, re-oresenting Owen Larson and others, reviewed the drive-in license an-olication of two years as�o and its denial and requested that the Council grant time for pre- sentation of a formal alo-olica,tion again by the same nersons, and requested. that the Council consider the last 9,io-olication as renewed until a, formal an-olication could be -oresented. Mr. R. B. Markham, re-oresenting Mr. A.F.R. Svensson, presented 9. lay- out of the proposed drive-in at the Beltline and Floyd Olson Highway with signatures of several state highway engineers at- testing to its suitability from a traffic stand-ooint. Yr. Mark- ham also stated that Mr. Svensson was including a, stage in his layout which would be offered for use to Golden Valley civic organizations at no cost. He also stated that the proposed site would be landscaped with trees and shrubs, and nresented three petitions signed by a total of 97 nersons and letters from Sheriff 'Ed Ryan and Attorney General J.A.A. Burnquist which were read and placed on file. Letters dated May 6, 1949 from Terzich to Highway Patrol Chief Earl Larimer and the latter's reply of May 13 were read. Mr. Lnrimer's letter stated that the control of traffic would rest with the local nolice department. Mr. ?inch explained the insnection made on May 12 with Mr. X.T.P. Darrell, State Highway Traffic rIngineer and Terzich and Mr. Darrell's statements indicating the Beltline- Olson Highway and the 179.yzata-County Road #18 as well suited for traffic dispersal from drive-ins, and the unsuitable loc- ation of the Larsen property on Wayzata Blvd. Mr. Don Wright again repeated his reouest for reconsideration of the appli- cation made two years ago. Mr. Earl Maxwell, re-oresenting Yr. H. B. Schwartz, presented several petitions signed by a total of 137 persons. He argued ag&tnt;t granting of a. drive-in li- cense and reviewed the objections listed on netitions-oresented two years ago. He also emphasized the nuisance that would be caused by the traffic and lights and auestioned the greater revenue that would be obtained with the drive-in as com-oared with the drop in taxes on property in the area. Mr. H.F. 7ill- iams, President of the Golden Valley Theatre Corn., rresented various arguments against the issuance of drive-in licenses. He also indicated that he and Mr. Powers started construction of their conventional theatre after the drive-in ap-olication was turned down two years ago. He emt)hasized that a drive-in theatre would be the difference between success or failure of his own theatre. Mr. R. Jacobson anneared and reviewed the previous an-olication of two years ago and the opposition of certain nersons then who were not opposing the present license applications. He also stated if a drive-in license was to be granted that it should. be granted- to those persons who an-olied two years ago. Dr. Keating, 9, member of the board of Golden Valley Golf Club, stated that he was recuested by Mr. Guy Mas- ters, President of the Golden Valley Golf Club, to anDear and sneak in onnosition of granting the drive-in license at the Bdltline and Olson Memorial Highway. Mr. Powers of the Gol- den Valley Theatre Corp. indicated that his organization was constructing a store next to the theatre which would bring in a good business. He also started that he thouLrht that the drive-in theatre was a dead issue when his corporation a -p -plied for the conventional theatre license and urged that his group be given a chance to determine the degree of success of his venture before any further consideration was given to drive-in theatres. Mr. Claude Allen a-pneared and reauested thot the Council give further consideration to rezoning of the north- east corner of Wayzata. Blvd. and County Road #18 in order th?t the Minnesota Entertainment Enterprises could -present a for- mal a-pplication for a. drive-in license. Mr. Beal spoke in opposition to drive-in theatres. Motion by Reiss that no license be granted for drive-in theatres in Golden Valley and that the annlication of her. A.F. R. Svensson be denied and that the license fee -presented with the application be returned was seconded by Putnam. Putnam reauested that a roll call be made on the motion. Pinch stated that a, lack of revenue and need for varied improve- ments in the Village were considerations he was taking into account in forming his opinion on this matter. The question was on the adoption of the motion and the roll call showed the following: Pinch -Nay, Putnam, Reiss, Stark -yea. motion carried. Motion by Putnam was seconded by Reiss and carried that, whereas the Council had denied granting of a drive-in license and in order to avoid the reapplication for a. drive-in license re-peatedly in the future, the -oresent ordinance on theatres be amended by recinding or deleting thn-t portion of the ordin- ance pertaining to the licensing of theatres in Golden Valley. The Village attorney was instructed to draft an amendment to effect the above change. Mr. M. K. Patterson, 27 Tyrol Trail, -presented a petition signed by all residents on his street requesting that the name of Tyrol Trail be reinstated in place of the -proposed name of Geneva. in Tyrol Hills as ?ger changes indicated on a. man pre- sented with the -petition. Motion by Pinch to change the name of Geneve, to Tyrol Trail as ner petition and. man nresents_tion was seconded by Stark and carried. Motion by Putnam seconded by Pinch carried to grant the Minnea-polis Gas Co. apnroval of mein extension ner their Ya -p No 52, Drawing No 98 and Man No 219, Drawing No 138. Yrs. Anna Meld anneared and asked. about the nroceedure to follow in obtaining a building hermit for a gn.soline sta- tion. In view of the new Building Ordinance ad.onted earlier in the meeting the new proceedures were explained. John Yngve inouired about a building Permit for a drive- in stand on Tayzata Blvd. near the golf tee. After deliber- ation by the Council, Yngve was informed that a Permit would be issued subject to the inclusion of a well, toilet and cess pool in the structure. Mr. C. Johnson and T. Howard appeared in behalf of their request for a soft drink license for their drive-in stand ad- jacent to the theatre. Discussion centered on the lack of a building permit for the stand and the misunderstanding of Messrs. Johnson and Howard that they had obtained a building hermit. Terzich was instructed to make an investigation of the actions taken to determine the cause or reasons for the misunderstanding. The -possibility of issuing a. building Per— mit was also indicated if a, well and septic tank were added to the structure. Mr. Geor7e Boefferding appeared in behalf of Yr. John Babolek in requesting annrova.l of several license annlica- tions, including an "On Sale* Non-Intox. Malt Liquor license for the Valley Inn which his client was in the Process of Purchasing. Action on the licenses was deferred Pending receipt of letters of commendation and other investigations. Discussion centered on the establishment of a license committee to investigate annlica.nts for certain licenses before issuance. Putnam suggested that one of the Council men be assigned to carry on such investigations.on annlica.nts for Licenses where necessary. President Sta.sel assigned nut- na.m Jo make such inquiries as may be necessary. Motion by Putnam seconded by Reiss carried to a.Pnrove the following bills in the amount of 11,467.20. 2293 Everett Frandsen $103.90" 2294 Geo. A. Homberger 103.90- 2295 Charles V. Lindrud 8.65A 2296 Al McGinnis 125.20 2297 Arno Denzin 109.40-\ 2298 Jacob Holzheu 89.10-A 2299 Patrick J. Loaney 110.10A 2300 Donald Mullaney 85.00., 2301 Louis Terzich 138.20,A 2302 J. A. Curtis 31.70 2303 Skelly Oil Co. 9.74 ,, 2304 Tel -E -Lett Prod., Inc. 12.50-A 2305 Hawkinson Tire Tread 6.00-. 2306 Glen Johnson Cont. Co 11.61, 2307 ""Eugene A. Thotland 12.001 2 308 Shell Oil Co., Inc. 54.77°\ 2309 Cliff's Garage 1.50-\ 2310 Yiller-Davis 11.95A, 2311 Minder Engineering Co. 292.50,\ 2312 Northwest Tractor & to. 1.90- 2315 'gym H. McCoy 147.58 11467. __.0 Orders 2275/2292 approved May 3rd and orders 2292/2301 above were issued for payment. Motion by Putnam to adjourn the meeting to 'Wednesday, May 25 was seconded by Stark and carried. Attest: i � �pa�ww