01-19-54 City Council MinutesREGULAR MEETING
of the
VILLAGE COUNCIL
January 19, 1954
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 the 19th day of January, 1954, at 7:30 otclock P.M. The
following arrived shortly after the meeting had begun: Mem-
ber Stark. The following members were present: Rahn, Bies,
Foss, Huebsch.
MOVED by Rahn seconded by Bies carried that the reading of the
minutes of the meeting of January 5th, 1954, be dispensed with
and that said minutes stand approved as submitted to each mem-
ber of the Council prior to this meeting unless some member of
the audience wishes them read. (The minutes were not read.)
Fire Department, Radio:i Service: The Administrative Assistant
advised the Council of negotiations with Hennepin County repre-
sentatives for the transmission -of fire calls through the Hen-
nepin County Sheriff's Radio Tower facility, and that it would
cost approximately $585.86 to install radio equipment on one
fire truck. Discussion between the Council and members of the
Fire Department present in the audience disclosed that in the
opinion of the Fire Department two units were necessary if any
were to be installed, although the Administrative Assistant rec-
ommended equipment for one unit in 1954 and for another unit in
1955.
Fire Chief B. A. Shuttleworth arrived at the meeting and advised
the Council that the fire alarm and call system is 100% efficient
but that as soon as the fire apparatus leaves the fire station
said apparatus is out of communication with the telephone system
and cannot be recalled. The Fire Chief further stated that both
rigp: respond to all fire calls and that there are not many fires
where the fire apparatus must be sent one to each fire, and fur-
ther stated that in his opinion the Fire Department would need
two radio units if any were to be purchased.
Chief Shuttleworth stated that his past experience with the Sher-
iffts Radio had revealed that the dispatachers were not in sym-
pathy with radio fire alarms. The Administrative Assistant
stated that the last legislature had authorized the Sheriff's
Radio Tower to transmit fire calls, that the entire personnel
of the Sheriffts Radio facility were in sympathy with the pos-
sible transmission of fire calls over their radio facility and
that their attitude showed that they would be most cooperative
should the suburban areas wish to use the Sheriff's Radio Tower
for fire communications. Member Rahn stated that he had visited
. the Sheriff's Radio Tower on this date and could corroborate
the statements of the Administrative Assistant.
The Magor instructed that the matter be deferred until the
meeting of February 2nd, 1954, at which meeting the Council
would take definite action and further instructed the Fire Chief
to make an additional report as to whether or not there were
alternative methods of communication which could be worked out
which would be satisfactory to the Fire Department, such as
radio telephone.
Public Hearing, Rezoning Village Gravel Pits etc.: The.Vil-
lage C erk presented an affidavit or publication of notice of
Public Hearing to be held at this time and place regarding the
zoning of a parcel of land as described in said affidavit from
Open Development to Industrial. Said affidavit was examined,
approved and ordered placed on file.
The Mayor announced that this was the time and the place for
the Public Hearing above referred to. All persons present who
desired to do so were afforded opportunity to express their
views thereon:
Name of Objector
Nature of Objection
Mr. Walter Kost
Mr. Kost reviewed the proceedings
11.01 Orkla Drive,
regarding the rezoning of this same
spokesman for those persons
area held on June l6th, 1953. Mr.
on Orkla Drive from Winnetka
Kost stated that he and his neigh -
to Plymouth Avenue and those
bors were opposed to the proposed
persons living on Valders
rezoning on the following grounds:
from Orkla to Plymouth and
(1) That the property of he and
for a large proportion of
his neighbors would be devalued by
those persons living on Ply-
the location of any industry in the
mouth Ave. from the railroad
area under discussion. The area
tracks up to Winnetka Ave.
most adversely affected was at the
present time 100% developed, that
he and his neighbors had worked
hard to bring up their property
values, and.further, they were as-
sured by.the Golden Oaks Company
that the property now owned by said
company and the Village would be a
residential development and that
they purchased on the strength of
this assurance.
(2) The general undesirability of
anything industrial being located
in the area. Location of any in-
dustry in said area would increase
traffic on Winnetka Avenue. There
are many children whose parents
live in Golden Oaks First Addition
and many mothers walk from the ad-
dition to the business district over
a route which does not presently
have sidewalks. That an industry
would increase traffic and that in-
creased traffic would mean that the
1
1
1
road would have to be widened and
the bridge across Bassett's Greek
be reconstructed. Tong with in-
creased automobile traffic, railroad
traffic would increase. At the time
he and his neighbors purchased them
property they were well aware of the
low volume of traffic on the rail-
road tracks and were now opposed to
anything which would increase that
traffic with a proportionate in-
crease in the hazards to children.
(3) There was no particular demand
for the property right now and in
view of this lack of demand the
zoning of the area should be defer-
red to a later date in order to give
the Planning Commission time to
study the matter further. He and
his neighbors would be glad to work
with the Planning Commission and
the Village in developing the area.
Mr. Vern Lien
Mr. Lien stated that there was no
1025 Winnetka Avenue
hurry to rezone the "gravel pit",
and that the Village needed the
gravel, and that in his opinion the
entire area would make an excellent
residential development, and that
he was apprehensive that the traffic
would create tremendous hazards.
Mr. Lien further stated that his
home and the homes of his neighbors
represented large investments to
them and if it is a question of
whether_ "I am to be happy or the
Village is to be happy --- to heck
with the Village."
Mr. Fred Stocker
Mr. Stocker stated that he would
10.0 Orkla Drive
like to see what recommendations
plat developers would have with
regard to the gravel pit and adja-
cent property.
Mr. R. W. Grennan
Mr. Grennan stated that'he knew of
1023 Orkla Drive
others who wanted their property
zoned industrial and mentioned
specifically the area lying between
Sixth Avenue North and south of the
Minnesota Western Tracks and east of
Golden Valley Golf Club and stated
that he believed this property is
owned by a Mr. Lawrence Foss and a
Mr. Huebsch.
10
Mr. L. E. Manders
1015 Winnetka Avenue Mr. Manders stated that he believed
that the Village now had 10 to 15%
of the total land areas zoned for
Industrial use and that he felt
that his was a sufficiently large
area of land devoted to this par-
ticular type of district.
Mr. Dayton Voss Mr. Voss stated that the Village
11.8 Valders should have the support and sug-
gestions of citizens and that he
was sure that he and his neighbors
would be willing to help out on
such matters.
Mr. M. R. Ludwig Mr. Ludwig stated that there is no
1030 Orkla Drive resident present tonight who wants
an industry located on the gravel
pit site and that he and his neigh-
bors are paying their taxes and
that they are not "squawking" about
taxes, that we are not trying to
force similar Industrial areas down
the throats of neighbors and neigh-
bors should not do this to them.
.As a proponent of the rezoning Mr. George Loughland, President
of the Planning Commission, explained how this particular area
had first come up for consideration and subsequent procedures -
connected with the area. Mr. Loughland stated that the Plan-
ning Commission had considered other areas and is studying them
now, and that he felt the Commission would be ready to make rec-
ommendations on a "comprehensive zoning plan" to the Village
Council in the fall of 1954•
Mr. Loughland stated further that the gravel pit is best suited
to Commercial or Industrial use inasmuch as it is contiguous to
present Commercial and Industrial zones. Mr. Loughland stated
that presently zoned Industrial areas included large tracts of
land which will never be used for Industrial purposes, and that
it is possible that such areas would be zoned back to --either
Open' _Development.dr-'Residential , that if the area under con-
sideration were zoned for Industrial use such use would allev-
iate the tax burden of the citizens of the Village and that in
his opinion if the Village did not encourage some industry to
come in, tax rates would become exorbitant.
Mr. Loughland concluded by stating that it is the majority view
of the Planning Commission that the gravel pit and adjacent area
should be zoned Industrial, that said zoning is not in any way
spot zoning, and that the Commission is now studying zoned areas
which may be recommended for Industrial use to the Council later
on.
The Mayor than stopped the discussion from the floor and asked
the Council to discuss the matter amoun.g themselves. Member
Foss stated that he would like to have the Planning Commission
study these matters with architects or developers as to possible
Residential use. Member Bies stated that there is no immediate
need for action and agreed with Mr. Foss, and further, that he
did not feel it advisable to dispose of the gravel pit at the
present time. Member Stark stated thatthis Village should remove
the gravel from the area and turn the area over to the school
board for school use. Member Rahn stated that he would like to
see the area studied from the contractor's viewpoint and/or de
fer rezoning of the gravel pit until such time as the Planning
Commission is ready to present a long range comprehensive zon-
ing plan.
MOVED by Foss seconded by Rahn carried that the gravel pit and
adjacent areas not be zoned for Industrial use at this time and
that a citizen's committee consisting of any resident or resi-
dents from the Golden Oaks First Addition, members of the Plan-
ning Commission and plat developers be appointed by Mayor Huebsch
to determine the best possible use of the gravel pit and adja-
cent property. The Mayor stated that he would liketo appoint
the Chairman of the Zoning Committee of the Planning Commission,
Mr. Kost and Mr, Paul Enghauser as a committee to study the
matter further. Mr. Enghauser was present in the..room and
agreed to serve on the citizents committee without pay.
Re: Minneapolis Gas Company Franchise.: Mr. Aul Lucas, repre-
senting the Minneapolis Gas Company$ was present. Mr. Bill
Tetrud and other residents living on Idaho Avenue North were
present and demanded that they receive an explanation as to why
their area should not be serviced with natural gas. Mr. Lucas
explained policies of his company and answered questions from
those persons living on Idaho Avenue. Mr. Paul Enghauser, de-
veloper of Creekside Addition, stated that at the time his com-
pany platted :Creekside Addition he was advised by the Gas Com-
pany that natural gas would be available if his company were to
furnish the gas mains, but that his company equipped the homes
in Creekside Addition with propane gas'with the understanding
that natural gas would be available within two years. Mr. Eng-
hauser further stated that unless the Village Council approved
the gas franchise that he would not be able to get natural gas
into the homes which were presently under construction in West -
urban Addition.
The Mayor then stopped the discussion from the floor and asked
the Council to discuss the matter _lakon& themselves. MOVED by
Stark seconded by Foss carried that the franchise as submitted
by the Minneapolis Gas Company be approved and that the proper
Village officials be authorized to execute said contract. Mem-
ber Rahn voted "NO" on the above motion.
Request for Rezoning, Minnesota State Highway Department: The
Administrative Assistant presented a plat map to the Council
and stated that the Planning Commission had approved the request
of the Minnesota State Highway Department for the rezoning of
approximately 30 acres lying on the west side of T. H. #100 and
several hundred feet north of the intersection of St. Croix
Avenue with said State Highway from Open Development to Industrial,
in order that the Highway Department might move its district
maintenance shop to said location. The Administrative Assistant
further advised that the Planning Commission had recommended
that if the area were to be rezoned the Minnesota State High-
way Department should grant 30 foot street easements along the
north and south borders of said tract of land, and further that
the Minnesota State Highway Department release that portion of
the 30 acre tract lying west of Bassett's Creek.
Mr. McCubrey stated that he had discussed the matter of the road
easements and the disposition of the area lying west of Bassettts
Creek with his superiors, and that the Highway Department could
not by law dedicate road easements or agree to the sale of land,
but that the present Highway Commissioner would not oppose the
condemnation of said rights of way and would not ask compensation
should the Village proceed with condemnation of the rights of
way and the tract west of Bassettts Creek,
The Village Attorney stated that in his opinion rezoning of the
land was not necessary but that he felt that a public hearing
would be good policy on the part of the Council.
Mr. McCubrey, District Engineer for the State Highway Department
explained the proposed use of said land and the reasons why the
porposed move was necessary, Upon question Mr. McCubrey stated
that the State had acquired the property in 1936. The point was
then raised that in 1936 the State had agreed that upon the re-
moval of the.gravel the area would become a park property. The
Administrative Assistant was instructed to study records to de-
termine whether or not such an agreement had been made. Mr.
McCubrey stated that should the State Highway Department con-
struct a maintenance shop that all service roads would be widen-
ed and improved, that the present service road would be extended
further north, that the State Highway Department would set any
building 300 feet west of the west edge of the paved roadway,
and that the entire area would be landscaped to the satisfaction
of the Village.
MOVED by Foss seconded by Rahn carried that notice of public
hearing on the proposed rezoning of said tract of land from Open
Development to Industrial be inserted in the official Village
newspaper, said public hearing to be held on February 16th, 1954-
T. G. Evensen, Financial Advisor: Mr. Evensen appeared before
the Council and explained the services which his company has
to offer where large sums of money are to be expended upon public
improvements, and bonds issued to pay the cost thereof. Mr. Even -
sen stated that his services do not infringe upon the legal nor
engineering field, that it is a peculiar service which many com-
munities have found extremely valuable, that his company explains
the bond issue to the public, and that it does not promote bond
issues. Mr. Evensen stated that his company's work could be com-
pared to the preparation of "plans and specifications' -for the
bond issue, and that his company placed notice of the saleof
bonds with those companies who are most apt to be in the market
for such bonds at the time of the issue.
Member Rahn stated that it was his opinion that'the services of
the financial advisor would be valuable to the Village of Golden
Valley, and that through the retention of a financial advisor,
the possible lower interest rate on the bonds may well pay the
fee of said advisor. Member Foss stated his agreement with
Member Rahn. The Mayor thanked Mr. Evensen for appearing before
the Council and stated that the Council would determine whether
of not the services of a financial advisor would be retained by
the Village, and would advise him of its decision.
Hardship Waivers: The Administrative Assistant read from the
minutes of the Planning Commission Meeting of January 14th,
1954, and advised the Council of the action of the Planning
Commission regarding the matters which follow. He advised the
Council that the Manning Commission had recommended hardship
waivers be granted regarding the matters which follow:
(1) MOVED by Rahn seconded by Stark carried to approve the
setback waiver recommended by the planning Commission of Lot 81
Block 1, Baldwin's City View Addition, per plans and specifica-
tions on file in the Office of Building Inspector.
(2) MOVED by Rahn seconded by Foss carried to waive the
sidelot requirements on Lot 315 and one-half of Lot 316, Belmont
Addition, per plans and specifications on file in the Office of
Building Inspector.
Plat Scheid's Terrace: MOVED by Rahn seconded by Foss carried
o approve the .plans of Scheidts Terrace as recommended by the
Planning Commission provided that the developers of said addition
file a bond with the Village of Golden Valley guaranteeing com-
pletion of all streets, installation of drainage pipes where
necessary, maintenance of said streets for one year following
the date of the bond, installation of street signs and all other
requirements as set forth in the subdivision requirements of the
Village of Golden Valley; the bond to be in the sum of $1,000.001
and further provided that the plat developers adhere to the pol-
icy with regard to sanitary sewers which follows:
Sanitary Sewer District No. 1. Policy Regarding New Subdivisions_.
MOVED by Rahn seconded by Foss carried that the Council adopt
the following policy with regard to newly platted subdivisions
lying within area east of T. H. #100 and north of the Minne-
apolis., Northfield and Southern Railway, which is hereby desig-
nated as Sewer District No. 1.
That in all cases where subdivisions are platted with-
in that area known as Sewer District No. 1, the plat de-
veloper or developers be required to submit a satisfac-
Lra
tory petition to the Village Council, said petition•
requesting the installation of sanitary sewer laterals
for the entire plat, and that no plat be finally ac-
cepted until such time as said petition has been filed
in the Village Clerk's Office.
SanitaEy Sewers: The Mayor instructed the Administrative
Assistant to advise the public of the actions of the Council
during the month of January, 1954. MOVED by Stark seconded by
Bies carried to adopt a resolution entitled, "RESOLUTION OR-
DERING PREPARATION OF WORKING PLANS AND SPECIFICATIONS FOR THE
CONSTRUCTION OF A SANITARY SEWER INTERCEPTOR". See Resolutions
Book Page No. 58.
Mr, Kana, Village Attorney, stated that his interpretation of
the contract between this Village and the sanitary sewer engin-
eers, of September 2nd, 19520 was that the Village would be en-
titled to a refund of the whole sum of X12,000.00 when sewers
were actually constructed, whereas the representative of the
G. M. Orr Engineering Company stated that according to their
Interpretation of the contract the Village would be entitled to
a refund of approximately $4,000.00. The matter was left open
pending further negotiations.
MOVED by Rahn seconded by Foss carried to adopt a resolution
entitled, "RESOLUTION CONFIRMING DIVISION OF CONSTRUCTION COSTS
OF A JOINT SANITARY SEWER INTERCEPTOR". See Resolutions Book
Page No. ,29.
Re: Sunday Closing Ordinance: Member Stark inquired as to what
disposition was being made of Item No. 6. Mayor Huebsch stated
that he and Member Bies desired time to study the matter further,
whereupon Member Stark stated that he would like to have the
matter decided -either for or against the recision:. of the "Sunday
Closing" ordinance at this Council Meeting if it was at all pos-
sible. The Mayor then instructed the Administrative Assistant
to place that matter on the agenda for the meeting scheduled for
February 2nd, 1954, for final determination by the Council.
Re: Appointment to Water Commission: Member Rahn stated that
his wife's term on the Golden Valley Water Commission expires
in March of 1954, and that he knew that she did not want to be
reappointed. The Administrative Assistant was instructed to
contact the reamining members of the hater Commission and in-
quire as to whom they recommend to fill the vacancy created by
the expiration of the term of Mrs. Rahn,
Bills: MOVED by Rahn seconded by Stark carried to approve the
'o owing bills in the total amount of $5,574-83-
6577 through 6589 Payroll $1,679-05"
6590 Bury and Carlson (St. Imp. #17) 714.46"-
6591 Post Publishing Co. 5,40--,-
6592 Standard Duplicators 18.00
6593 J. A. Curtis 16.50
6594
6595
6596
6597
6598
6599
6600
6601
6602
6603
6604
6605
6606
6607
6608
Hickling's Hardware
Ace Maintenance
Brulin & Co., Inc.
N. W. Bell Telephone Co.
Ohio Chemical & Surgical
Cronelius Rydmark
Harry B. Grangroth
Minn. Sand and Gravel
Standard Oil Co,
Wm, H. Ziegler Co.
Minn. F.W.D. Co:.
Charles Ost
W. A. Moes
Blair Merwin
Equipment Co.
General Outdoor Adv. Company
10.15 `A
21.00
16.00
14.55
7.55
166.00
17.00
45.46
436.42
18.30
16.85
8.00
2,218.64 w
100.00
5.50
45s574-63
MOVED by Rahn seconded by Foss carried that the Council adjourn
to executive session.
The Village Attorney explained the alleged defalcations re-
vealed as a result of an investigation of the accounts of former
Justice of Peace Larson, and stated that the entire matter had
been turned over to the County Attorney, who would prosecute
Mr. Larson under applicable laws unless requested in writing
not to do so by this Council. The Village Attorney further
stated that if Mr. Larson were prosecuted that there would
probably be no restitution made to the Village of Golden Valley
for alleged sums of money allegedly not accounted for. Mem-
ber Bies stated that he desired that Mr, Larson appear before
the Council and explain the matter to the Council as a whole.
Mr. Kane stated that there was not time for this type of meet-
ing to be arranged.
No final conclusion was arrived regarding this matter.
M�VED by Rahn seconded by Foss carried that the meeting adjourn.
Mayor
Attest;
Clerk