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11-17-53 Council MinutesREGULAR MEETING of the VILLAGE COUNCIL November 17, 1953 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 the Village Hall in said Vil- lage on the seventeenth day of November, 1953, at 7:30 o'clock P.M. The following Members were present: Foss, Rahn, Reiss and Stark; and the following was absent: Mayor Stasel. Acting Mayor Stark assumed direction of the meeting. MOVED by Rahn seconded by Foss carried that the reading of the minutes of the meeting of November 3, 1953, be dispensed with and that said minutes stand approved as submitted and subsequent- ly corrected, to each member of the Council prior to this meet- ing unless some member of the audience wishes them read. (The minutes were not read.) Applications for Billboard Licenses: The A dininistrative Assist- ant presented the applications listed below and advised the Coun- cil as follows: that he had studied the minutes of the Council through the year 1950, and had found that applications numbered 6, 11, 12 and 13 have been approved by the Council prior to this date: that licenses for billboards expire on July lst of each ,year: that all of the billboards for which applications are now being made are actually constructed: that on July lst of 1953 none of the companies now applying for billboard licenses had tendered the annual license fee although they well knew that billboards existed as set forth in their respective applications, and further, that insofar as his studies extended, none of the companies except as stated herein had taken out licenses or paid the annual license fee: that license fees in proper amounts were submitted with these applications: that he has attempted to en- force the billboard ordinance with little success, and had on August 28, 1953, advised fifty-seven companies in the business of constructing billboards of the Village Ordinances: that all companies with the exception of Naegele Advertising Company, Brede, Inc., and the General Outdoor Advertising Company, had ignored his instructions and had refused thereby to comply with the ordinances: and that Brede, Inc., has to date failed to com- ply with the ordinance in that said company had not made com- pleted applications for four billboards which said company knows to exist within the Village limits. Apppl . No. Name of Company 1. Naegele Adv. Co. Approximate Location Lic. Number 9200 Wayzata Blvd. no. Disapproved side of blvd. (Robb's Motel.) 1 1 2. Naegele Adv. Co. 4016 Olson Hwy., Disapproved no. side of street ( Country House) 3. Same Lot 11, Blk. 4, Gold- Disapproved en Oaks 2nd Add'n., but actually located at 7950 - 6th Ave. N. no. side of street 4. Same 5520 Golden Valley Rd. 1 (Woodfill's Sv. Sta.) 5. Same 7731 Sixth Ave. No. 2 (Jensen's Super Valu) 6. Same 8800 Wayzata Blvd. 3 (Marquette Bank) 7. Same 200 Mendelssohn Ave. Disapproved (Country House) Same 6300 6th Avenue No. (Country House) Action deferred- eferred9. 90 Same 6100 Golden Valley Rd.Disapproved (Country House) 10. Same 9000 Wayzata Blvd. Disapproved (Hotzerman's) 11. Same 7721 6th Avenue N. 4 (Grain Belt Beer) 12. Same 7821 6th Avenue N. (Gen. Adv. billboard) 5 13. Gen. Outdoor 5200 Wayzata Blvd. 6 & 7 Adv. Company (Golden Hills Shop- ping Center) 14. Same 9300 Wayzata Blvd., north side Action deferred 15. Same 9400 Wayzata Blvd., Action deferred south side 16. Same Lot 2, Bk. 1, Arc- Action deferred ridge Add'n, Wayzata Blvd. 17. Same 8000 Wayzata Blvd., Action deferred south side 170 The Administrative Assistant advised the Council that he has caused metal license tags to be made, said tags to be affixed toiall billboards approved by the Council. The Council agreed to this indication of licensing action on the part of Village authority, and instructed that henceforth all licensed bill boards must have said metal license tags firmly affixed to the billboard, so located as to be visible from the street on which the billboard faces, and preferably on the front of the bill- board. MOVED by Reiss seconded by Rahn carried to disapprove license applications as numbered above, numbers 1, 2P 3, 9 & 10.' MOVED by Reiss seconded by Rahn carried to approve license ap- plications asrumbered above, numbers 4, 5, 61 11, 12 and 13 and to instruct the Administrative Assistant to issue metal license tags therefore, provided that the company erecting the '. billboards pay all back license fees from the time the bill- board was first erected. MOVED by Reiss seconded by Foss carried to disapprove license application number 7, as numbered above. MOVED b Foss seconded by Rahn to approve license application number , as numbered above. Upon vote being taken on the motion, Members Foss and Rahn voted "YES", and Members Reiss and Stark voted "NO". Acting Mayor Stark directed that the matter of billboard license application number 8 be deferred to the meeting of December 1, 1953• The Acting Mayor ordered consideration of applications numbered 14, 15, 16 and 17 be deferred pending a study of Village re- cords beginning with the year the Village adopted the billboard ordinance. (1942 ) MOVED by Reiss seconded by Rahn carried that the companies e- recting the billboards considered under applications numbered above, numbers 1, 2, 3, 7, 9 and 10 remove the billboards within 90 days from this date. MOVED by Reiss seconded by Rahn carried that the Police Depart- ment be instructed to enforce the billboard ordinance, and for said purpose to conduct a survey of billboards in the Village, and report the results of its study to the Administrative Assis- tant not later than December 11, 1953• Sanitary Sewers: The Council agreed that the proposed meeting to be held in the Crystal Village Hall on November 18th, 1953, should be deferred until November 23rd. It was further agreed that the Village Attorney should prepare a counter -contract for submission to the Village of Crystal, the Council to meet for dinner on Monday, November 23rd at 5:00 P.M. at the Boule- vard Cafe for the purpose of discussing the Village Attorney's contract referred to above, and that said meeting shouldthen adjourn to the Crystal Village Hall. r t Mr. Harry Mayeron, representative of the G. M. Orr Engineering Company, was present at the meeting. Mr. Mayeron thanked the Council on behalf of his company for awarding his company the work of doing the engineering work on the laterals to be con- structed in the northeast portion of the Village. Public Hearing, Turner's Crossroad Drainage Improvement: This hearing is a continuation of the hearing on the same matter held on November 3rd, 1953• The Clerk presented an affidavit showing publication of notice of hearing on the proposed asses- sment for the Turnerts Crossroad portion of 1953 Street Im- provement No. 17 in the North Hennepin Post on November 5th, 19530 which affidavit was examined, found satisfactory, and ordered placed on file. The Village Attorney advised the Council that the new compu- tation of rates, as ordered by this Council at the meeting of November 3rd, 1953, was y�1.66/ for all property abutting upon Turnerts Crossroad and that the rate was 4.665/ for the interior lots of Spring Green Addition. The Acting Mayor announced that the meeting was open for the consideration of objections, if any, to said proposed asses- sment. All persons present were then given opportunity to present all objections, and written objections theretofore filed with the Clerk were presented and considered, and all such ob- jections were tabulated as follows: Mr. Blaisdell, attorney for Mrs. Anna Held Etzler, was present and raised no objection. There were no objections to the levying of the assessment. MOVED by Reiss seconded by Foss carried to adopt a resolution entitled, "RESOLUTION AMENDING ASSESSi�iLNTS FOR TURNER'S CROSS- ROAD DRAINAGE IMPROVEMENT". See Resolutions Book Page. MOVED by Reiss seconded by Foss carried to adopt a resolution entitled, "RESOLUTION ADOPTING AND CONFIRMING ASSESSMENTS FOR TURNER'S CROSSROAD PORTION OF 1953 STREET IMPROVEMENT NO. 17". See Resolutions Book Page rte. Public learin , Saint Margaret'Mary School Drainage Improvement: May 12th, 19 53) The Village Clerk presented an affidavit show- ing publication in the official newspaper of the notice of pub- lic hearing on the proposed storm drainage improvement described in a resolution of this Council relating thereto adopted on No- vember 3rd, 1953• Said affidavit was examined, approved and ordered placed on file in the office of the Village Clerk. The Acting Mayor then announced the meeting was open for public hearing on said proposed improvement, and all persons present desiring to do so were afforded opportunity to express their views thereon, No objections to making the said improvement or to the levy of special assessments to pay the cost thereof were made except as follows: 172 Name of Objector Property Nature of Objection The Village Clerk presented an affidavit of publication of not- Mr. Starbird & Representatives of Mr. Starbird and Mr. Cum - sideration was the oldest business dis- Mr. Cummings St. Margaret Mary mings objected to the pro - davit from Community Store to Light Industrial. Said affidavit Church & School posed improvement on the destroy the business district with con- The Administrative Assistant advised the Council that the Plan- grounds that the School ob- ning Commission had recommended that the Council re -zone that by the business district. He further jected to the present route stated that such re -zoning would de- netka Avenue North, and that a number of persons residing near of the storm drainage ease- the area had been advised of the matter, He further advised the his neighbors. ment, and stated that they Sixth Avenue had been omitted from the published notice, but hoped to submit an alter- that such omission was not fatal to the advertisement. native plan for the storm sewer within a few months. MOVED by Reiss seconded by Foss carried to adjourn the instant hearing until some future date, to be determined by this Council, and to instruct the Village Engineer to confer with officials of said Church for the purposed of arriving at a proposed storm drainage improvement satisfactory to both the Village and the Church. Public Hearing, Re -zoning (Jensen, et al, Sixth Avenue North): Nature of Objection The Village Clerk presented an affidavit of publication of not- Mr. Guist stated that the area under con - ice of public hearing to be held at this time and place regard- sideration was the oldest business dis- ing the zoning of a parcel of land as described in said affi- trict in the Village and that re -zoning. davit from Community Store to Light Industrial. Said affidavit the area as proposed would eventually was examined, approved and ordered placed on file. destroy the business district with con- The Administrative Assistant advised the Council that the Plan- sequent harm to all the people serviced ning Commission had recommended that the Council re -zone that by the business district. He further area lying at the intersection of Sixth Avenue North and Win- stated that such re -zoning would de- netka Avenue North, and that a number of persons residing near valuate his property and that of some of the area had been advised of the matter, He further advised the his neighbors. Council that through an error three small triangluar lots facing Sixth Avenue had been omitted from the published notice, but that such omission was not fatal to the advertisement. The Acting Mayor announced that this was the time and the place for the publichearing above referred to. All personspresent who desired to do so were afforded opportunity to express their views thereon: Name of Objector Nature of Objection Mr. Carl Quist Mr. Guist stated that the area under con - 7841 Sixth Avenue No. sideration was the oldest business dis- Operator of Gasoline trict in the Village and that re -zoning. Service Station the area as proposed would eventually destroy the business district with con- sequent harm to all the people serviced by the business district. He further stated that such re -zoning would de- valuate his property and that of some of his neighbors. 173 The Administrative Assistant advised the Council that an en- gineer and a representative of the Hennepin County Surveyors Office had studied the legal description describing an adja- cent tract of land heretofore zoned Light Commercial, said land now being occupied by the Dahlberg Company, and that there was a conflict of opinion as to the extent of the area previous- ly zoned Light Commercial. The Administrative Assistant re- quested that the Council defer the instant hearing pending a more detailed study by the Hennepin County Surveyor, since the area now under consideration adjoins the area previously zoned Light Industrial. The Village Attorney was instructed to study the legal description and report to the Council at the meeting to be held on December lst, 1953• MOVED by Reiss seconded by Foss carried that a corrected notice of public hearing be in- serted in the officail Village newspaper on the proposition of re -zoning the property located southeast of the intersection of Sixth Avenue North and Winnetka Avenue North from Community Store to Light Industrial, date of said hearing to be December 1st, 1953• Insurance Proposals: Member Foss announced that he and Mem- ber Rahn had studied proposals for insurance from the Twin City Insurance Agency, represented by Ray Sheehan, Jr., The Anchor Casulty Company, represented by Winslow Moes, and from the Anderson Agency, and stated that he and Member Rahn as a commit- tee of two had ruled out the Anderson Agency. Member Foss fur- ther stated that the committee recommended that the Council ac- cept the bid of the Twin City Insurance Company, but stated that it would be advisable for representatives of the Anchor Casulty Company and the Twin City Insurance Company to address the Council regarding the relative merits of their companiest proposals. Each representative then discussed his policy with the Council. MOVED by Foss seconeded by Rahn that the bid of the Twin City Insurance Company be accepted for general lia- bility insurance on the basis of 100-200-10, and other insurance as set forth in the bid. Upon vote being taken on the above motion Members Foss and Rahn voted "YES" and Members Reiss and Stark voted "NO". Acting Mayor Stark declared that the motion hdd failed to carry and directed the matter be deferred to the meeting of December lst, 1953• Re: Repeal of Section 4 (q) of the Comprehensive Zoning Ordinance: The Administrative Assistant read said section of the Compre- hensive Zoning Ordinance and pointed out that it permitted the lot owner to build two homes upon the same lot. After discus- sion it was MOVED by Rahn seconded by Stark carried to instruct the Village Attorney to draft an ordinance repealing Section 4 (q) of the Comprehensive Zoning Ordinance. The Village Attorney stated that in his opinion published notice was not necessary. Re: Street Lights: authorize the MOVED by Foss seconded Administrative Assistant to by Rahn carried,,to cause the installa,� tion of street lights per his request, as set forth in the Ad�- ministrative Report, in Belmont and Harold Avenue Parks, said',I street lights to be 10,000 lumen lights. 1 174 Re: Tax Forfeited Lands: Member Rahn read a letter from the Hennepin County Land Commissioner inquiring as to whether or not the area known as Harold Avenue Park was being used for park purposes, said land having been deeded to the Village for said purpose in 1946. The Council instructed the Village At- torney to answer the inquiry of the Hennepin County Land Com- missioner in the affirmative, and to alert the Park Board as to the contents of the Land Commissioner's letter. Re: Heating Plant, Belt Line Fire Station: The Administrative Assistant presented plans and specifications for the remodeling of said heating plant, and advised the Council that he had re- quested Mr. Vern Stelmack, heating engineer, to make a study of the premises and draw up specifications and that Mr. Stelmack's fee was X25.00. The Administrative Assistant further stated that Mr. Stelmack would accept a 150 ft. roll of used snow fence in lieu of payment of the above fee. MOVED by Rahn seconded by Reiss carried to pay Mr. Stelmack X25.00, or the above quantity of used snow fence, to approve the plans and specifications as submitted by the Administrative Assistant, and that notice of advertisement for bids for the remodeling of the heating plant of the Belt Line Fire Station be advertised in the official Village newspaper, said bids to be received on December lst, 1953• Acceptance of Streets, Spring Green South Addition: Mrs. Anna Held Etzler petitioned the Council to accept the streets in Spring Green South Addition. MOVED by Reiss seconded by Rahn carried that said streets be accepted as Village streets, pro- vided this acceptance neither cancels the bond guaranteeing that Mrs. Etzler will maintain said streets for a period of one year, nor -cancels any other condition of said bond. Side Lot Waiver, Mr. Richard Orstad: The Administratice Assist- ant advised the Council that the Planning Commission had approved the petition of Mr. Richard Orstad, 2940 Lee Avenue North, for a side lot waiver of 2 ft. in order that Mr. Orstad might con- struct a garage. MOVED by Reiss seconded by Rahn carried to ap- prove the side lot waiver as recommended by the Planning Com- mission on Lot 10, Block 6, Noble Grove Addition, per plans on file in the Office of the Building Inspector. Police and Justice Reports: Member Reiss presented his analy- sis of Police and Justice Reports for the month of October, 1953• Member Reiss reported that his study of the reports show- ed that each officer uses a different method of entering his activities upon the daily log sheet and that for some 8 hour shifts the log sheet shows that patrolmen on duty travel ap- proximately 40 miles. MOVED by Reiss seconded by Rahn carried that the Administrative Assistant instruct the Police Department to use the same method of reporting each duty tour, and that Mr. Lawrence 0. Larson, recently appointed Justice of the Peace to fill out the unexpired term of Mr. John Enghauser, be instruc- ted to turn in Justice Reports on or before the lst day of every month. 175 Canvassing Board: It -was agreed that the Village Council meet on December 10th, 1953, at 8:00 o'clock P.M. in the Village Council Rooms for the purpose of sitting as a Canvassing Board. Re: Franchise, Minneapolis Gas Company: The Village Attorney advised the Council that the Gas Company had not approached him regarding its franchise. The Attorney also advised the Council that those personsappealing 1953 special assessments on Lee and Kyle Avenues had withdrawn their case before the District Court. Fillingof Property: The Administrative Assistant presented the request of Mr. Maher J. Troup, manager of the "White House", 4900 Olson Highway, for a permit to dump "clean fill" on his property located approximately 100 yds. west of the "White House". MOVED by Reiss seconded by Foss carried that Mr. Maher Troup be granted permission to fill said property, but not in violation of existing Village Ordinances. Application For Off -Sale Liquor License: The Administrative Assistant presented the petition of Mr. 0. Rubinsky for an off - sale liquor license, said liquor license to be operated from the premises of Lot 275, Glenwood Additon. MOVED by Reiss sec- onded by Foss carried that the application of Mr. Rubinsky be referred to the license chairman for report and recommendation at the meeting of December 1st, 1953• Re: Use of Flittie Gravel Pit: Reference was made to the Ad- ministrative Report of November 17, 1953, regarding the pro- posed use of said gravel pit. Mr. Dayton C. Cook, safety in- spector of the Bureau of Motor Carriers, Interstate Commerce Commission, appeared before the Council to explain the pro- posed use. MOVED by Reiss seconded by Foss carried that the Council approve the use of Flittie's gravel pit as the site of interchange of truck -tractors carrying army ordnance. MOVED by Reiss seconded by Foss that Minnesota State Highway be requested to rectify the traffic hazard existing at the in- tersection of Turner's Crossroad and Trunk Highway 12. Bills: MOVED by Reiss seconded by Foss carried to approve the following bills in the total amount of 9-5,819.27 and to include in the bills to be approved at this meeting that of Mr. William Fortier in the sum of �M 2.80 for services ren- dered in the spreading of 1953 special assessments. 6357 Al McGinnis 142.86, 6358 Alois J. Stein 142.56,, 6359 Hans A. Walz 119.9111, 6360 Edward J. Howard 114.41- 6361 Everett Frandsen 132.78 6362 Marie Ehr 91.00 A 6363 Severne Banack 81.40, 6364 Royce W. Owens 208.70. 6365 Arno Denzin 162.52<, 6366 Alden M. Lidster 136.97 176 6367 Walter Nielsen 140.36,, 6368 Joseph Silitz 119.64, 6369 Marvin Schuller 124.26., 6370 Frank 0. Nygren 21.42 6371 Beatson and Kelly (St. Imp. #17) 1,410.02 6372 Post Publishing Company 72.601 6373 Farnhamts Stationery 64.10 t 6374 J. A. Curtis 24.00,.. 6375 Walter S. Booth & Sons 1.28, 6376 H. A. Rogers 41-90- 6377 Ace Maintenance 7.00, 6378 Standard Oil Company 208.00A 6379 Ralph R. Stark 150.00., 6380 Hyerts Mileage Station 2.90 6381 N. W. Tire Company 19.99^ 6382 Graybar Electric Company 212.88 6383 The Thomas Company 85-00- 5.00n6384 6384 Lyle Signs, Inc. 435.75 6385 Bury and Carlson, Inc. 11.40 , 6386 H. V. Johnston Culvert Company 95.35 6387 Thompson Lumber Company 19.63•' 6388 Hyer Mileage Service 30.80 6389 Lyle K. Larsen 159.65 6390 Wm. H. Ziegler Company 7.41 6391 Minn. F.W.D. Company 5.30 6392 Minn. Sand and Gravel Company 1,009.52 6393 Golden Valley Fire Dept. 6.00 , -7,-819.27 6394 William Fortier 692.80 MOVED by Reiss seconded by Foss carried that meeting adjourn. Mayor � � f Attest: erk