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04-06-54 City Council Minutes52 REGULAR MEETING of the Village Council April 6, 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 on the 6th day of April, 1954, at 7;30 P.M. The following members were present: Bies, Foss, Huebsch, Rahn and Stark; and the follow- ing were absent; None. The Mayor called the meeting to order at 7.30 o'clock P.M. MOVED by Rahn seconded by Stark carried that the reading of the minutes of March 16, 1954, be dispensed with and said min- utes stand approved as submitted to each member of the Council prior to this meeting unless some member of the audience dishes them read. (The minutes were not read.) MOVED by Rahn seconded by Stark carried that the minutes of the Special Meeting held on April 1, 1954, be approved as read. The Mayor read a letter dated March 31, 1954, from Ar. Robert Tharp, Principal, Lee Avenue School, concerning juvenile pe- destrian traffic on Noble Avenue due to the construction of a new school on Noble Avenue. The letter was referred to the Administrative Assistant and the Village Engineer for study and recommendation. Public Hearing, Rezonin , request of Mr. Conry: The Village Clerk presented an affidavit of publication of notice of pub- lic hearing to be held at this time and place regarding the zoning of the parcel of land described in said affidavit from Open Development to Industrial. Said affidavit was examined, approved and ordered placed on file. The Mayor announced that this is the time and the place for the public hearing above referred to, and all persons present who desired to do so were afforded opportunity to express their views thereon. Name of Objector None The Mayor then asked for Administrative Assistant attend this meeting, but present probable tenant Corporation. Nature of Objection None the proponents of the rezoning. The stated that Mr. Conry was unable to that Mr. Conry had advised that the of the property is the Westinghouse MOVED by Stark seconded by Rahn carried to give a first read- ing to an ordinance entitled, "AN ORDINANCE AMENDING 'TETE ZON- ING ORDINANCE OF GOLDEN VALLEY' BY ESTABLISHING A CERTAIN COM - 1 1 MERCIAL DISTRICT", to be designated Industrial under the new zoning ordinance. MOVED by Stark seconded by Rahn carried to approve the above Ordinance quoted by title on its first reading. Appointment of Assessor: MOVED by Rahn seconded by Bies car- ried to appoint Mr. William E. Pinch, 25 Brunswick Avenue North, to the unexpired term of Mr. J. Gordon Boyer, resigned. Mem- ber Foss voted "NO't on the above appointment. Mr. Earl Maffett, on question, stated that he would assist Mr. Pinch in organ- ising the records of the Assessors office, but that he had nt yet determined his per diem charges for such assistane. M�. Maffett was instructed to advise Mr. Owens of his require- ments. equire- ments. Appointment to Planning Commission: TheMayor recommended the appointment of Mr. Walter R. Kost, 1101 Orkla Drive, to the unexpired term of Mr. Ray Amble, resigned by reason of non- resJ�dence. MOVED by Rahn seconded by Stark carried that the reportmendation of the Mayor be confirmed by the appointment of Mr. Dost to -the Planning Commission for the unexpired term of Mr. Amble. Re: Sunday Closing Ordinance: (See minutes of March 16, 1954) MOVED by Stark seconded by Bies to give a second reading to "AN ORDINANCE•REPEALING 'AN ORDINANCE LICENSING AND REGULATING THE SALE OF IATOXICATING LIQUORS, REPEALING INCONSISTENT OR- DINANCES AND PROVIDING A PENALTY FOR THE VIOLATION THEREOF BY CHANGING CLOSING HOURS AND PROHIBITING SUNDAY OPERATION' passed August 4. 1953• Mayor Huebsch announced that those persons and groups, here- inafter referred.to as "opponents"; who opposed the passage of the above ordinance quoted by title, would now be given an opportunity to be heard inasmuch as a lack of publicity preceding the meeting of March 16, 1954, had not alerted said opponents to the matter. The opponents addressed the Council as follows: Westview Good News gjhx el: Said Chapel was represented by Mr. John Clift, 36 Winnetka Avenue South, who read a state- ment setting forth the views of the Chapel, said views being to the effect that restaurants with on -sale liquor licenses should not be permitted to serve meals on Sundays. The state- ment of the Westview Good News Chapel was ordered placed .on file in the office of the Village Clerk. Mr. Clift, after reading the statement above referred to, stated that all members of the Chapel were opposed to the repeal of the ordinance closing restaurants holding on -sale licenses, that permitting Sunday operation was not to the best interests and welfare of the Village in the long run, 4 that the City of Minneapolis and neighboring suburbs did not permit Sunday operation, that the serving of meals on Sunday drew, or would tend to draw, persons of doubtful character to Golden Valley on . Sundays. Mr. Clift further stated that in view of the attitudes of proprietors of restaurants toward spiking, the serving of meals on Sundays would encourage and aggravate the spiking problem, that infractions of the law prohibiting buying and selling of intoxicants on Sundays were certain if such businesses were allowed to operate on Sunday. Mr. Clift finished his remarks by stating that the ordinance closing such businesses on Sunday was a good law, and should be retained in the Village code. Golden Valley Baptist Church: Said church was represented by Mr. H. Z. Marcilliott, 1920 Medicine Lake Road, who read a statement setting forth the views of the church, said views being to the effect that restaurants holding on -sale intoxicat- ing liquor licenses should not be permitted to serve meals on - Sundays. The statement of the Golden Valley Baptist Church was ordered placed on file in the office of the Village Clerk. Mr. Marcilliott, after reading the statement above referred to, stated that it was the unanimous decision of the governing body of the church that such restaurants should not be permitted to serve meals of Sunday, and that the statement he had just read was signed by a number of good citizens. Golden Valley Methodist Church: Said church was represented by Mr. Donald D. Davies, 31 Plymouth Avenue, who stated that he also represented the leaders and parents of Boy Scout and Cub Scout organizations.. Mr. Davies then read a statement set- ing forth the views of said church, organizations, and persons, said views being to the effect that restaurants holding on -sale intoxicating; liquor licenses should not be permitted to serve meals on Sundays. The statement of the Golden Valley Methodist Church was ordered placed on file in the office of the Village Clerk. Mr. Davies, after reading the statement above referred to, cited various facts concerning traffic accidents and fatalities, and the relationship of liquor consumption to traffic accidents. Mr. Davies pointed out that the second largest number of per- sons dying in traffic accidents were killed on Sundays, and ended his discussion by displaying the,Governor's traffic slo- gan, "Letts Both Live'. Calvary Lutheran Church: Said church was represented by Mr. Roy D. Johnson, 1049 Orkla Drive, who read a statement setting forth the views of said church, said views being to the effect that meals should not be served on Sundays by restaurants who hold on -sale intoxicating liquor licenses. The statement of the Calvary Lutheran Church was ordered placed on file in the office of the Village Clerk. John Marshall Newton: Mr. Newton stated that he was the pas- tor of the Golden Valley Methodist Church, and that his con- gregation was unanimously in favor of continuing the present ordinance closing such liquor establishments on Sundays, that failure to continue said ordinance would make Golden Valley an "oasis", would create traffic hazards, would make Sundays noisy, and that he and his congregation wanted "...at least one day of peace and sobriety." Mr. Leonard 0. Wallgren, 4515 Chatelain Terrace: Mr. Wallgren stated that he was opposed to permitting businesses holding on -sale liquor licenses to serve meals on Sundays, and that he knew of persons who had been injured in traffic accidents while returning home after patronizing Golden Valley businesses holding on -sale liquor licenses. The Mayor inquired if there were any other opponents who de- sired to be heard. Proponents of the.ordinance requested that they be permitted to answer the statements of the opponents. Mayor Huebsch stated that the proponents had had ample oppor- tunity to be heard on March 16, 1954, and that he was opposed to giving the proponents any time now, but that he would leave it up to the whole Council as to whether or not the proponents should be permitted to answer the opponents. A majority of the Council agreed to permit the proponents to answer the op- ponents. There was heated discussion between the opponents and propon- ents. A number of persons spoke without identifying themselves. Many of the proponents who appeared before the Council on March 16, 1954, were present and took part in the discussion. The Mayor then stopped discussion from the floor, and. asked the Council to consider the matter as a Council. The Chair MOVED that the ordinance given its first reading at the March 16, 1954, meeting of this Council, the purpose of which was to repeal the "Sunday Closing Ordinance" adopted by the Village Council on August 4, 1953, be amended by giving a first reading to an amendment entitled, 4PAN ORDINANCE AMEND- ING 'AN ORDINANCE LICENSING AND REGULATING THE SALE OF INTOXI- CATING LIQUORS, REPEALING INCONSISTENT ORDINANCES AND PROVID- ING A PENALTY FOR THE VIOLATION THEREOF' BY CHANGING THE CLOS- ING HOURS AND PROHIBITING SUNDAY OPERATION", the sense of said amendment being to permit the serving of meals by restaurants holding on -sale intoxicating liquor licenses from the hour of 12 o'clock noon to 9:00 o'clock P.M. on Sundays only. The above motion for first reading was seconded by Member Bies, and will hereafter be referred to as "Amendment No. 1." The Chair MOVED that a first reading be given to an amending ordinance entitled, "AN ORDINANCE AMENDING 'AN ORDINANCE LIC- ENSING AND REGULATING THE SALE OF INTOXICATING LIQUORS, RE- PEALING INCONSISTENT ORDINANCES AND PROVIDING FOR A PENALTY M FOR THE VIOLATION THEREOF", BY PROHIBITING SPIKING." This amendment will hereafter be referred to as "Amendment No. 2". Member Stark inquired if Amendment No. 2 applied to all hold- ers of on -sale intoxicating liquor licenses including Golf Clubs. The Village Attorney stated that it did not, but was a valid enactment. MOVED by Huebsch seconded by Stark carried unanimously to a- mend Amendment No. 2 to apply to all establishments holding on -sale intoxicating liquor licenses. The previous question as to Amendment No. l.was called. Upon vote being taken thereon Members Bies and Huebsch voted "YES", and Members Foss, Rahn and Stark voted "NOt11 whereupon the Mayor declared Amendment No. 1 lost. The previous question as to Amendment No. 2 was called. Upon vote being taken thereon all voted in favor thereof, as follows: Bies, Foss, Huebsch, Rahn and Stark, and the following voted against the same: None; whereupon the Mayor declared the amend- ment carried. MOVED by Huebsch seconded by Stark carried to approve Amendment No. 1 quoted by title above on its first reading. MOVED by Rahn seconded by Huebsch to table the ordinance re- pealing the Sunday Closing Ordinance, and that the matter be referred to the people at the December, 1954, election. Upon vote being taken thereon, Members Rahn and Huebsch voted "YES"., and Members Bies, Foss and Stark voted "NO"; whereupon the Mayor declared the motion lost. MOVED by Stark seconded by Foss to give the ordinance quoted by title at the beginning of this discussion a second reading, whereupon the Attorney again read an ordinance entitled "AN OR- DINANCE REPEALING 'AN ORDINANCE LICENSING AND REGULATING THE SALE OF INTOXICATING LIQUORS, REPEALING INCONSISTENT ORDINANCES AND PROVIDING A PENALTY FOR THE VIOLATION THEREOF' BY CHANGING TIE CLOSING HOURS AND 'PROHIBITING SUNDAY OPERATION", passed August 4, 1953. Upon vote being taken Members Huebsch and Rahn voted "NO", and r•Iembers Foss, Bies and Stark voted "YES", where- upon the Mayor declared the ordinance adopted. See Ordinance Book Page No. MOVED by Stark seconded by Foss carried to approve the above ordinance quoted by title on its second reading, and to order publication. Upon vote being taken thereon, Members Huebsch and Rahn voted "NO", and Members Bies, Foss and Stark voted 11YES"; whereupon the Mayor declared the motion carried. Radio Service: The Administrative Assistant reviewed his letter sent to all members of the Council on March 31, 1954- MOVED by Rahn seconded by Stark carried to publish notice of advert- Irl isement for bids for the furnishing of a radio communications system suitable for use by the Golden Valley Fire Department for communicating between three fire apparatus. Mr. Maher Troup, manager of the White House thanked the Fire Department for their work in combatting the fire which re- cently struck his premises at 4900 Olson Highway. Fire Chief B. A. Shuttleworth read his log of the White House fire, and requested that the Village purchase two smoke ex- tractors regardless of budget limitations. Mr. Al Hanover, Assistant Fire Chief, then added his comments concerning said fire to those of Mr. Shuttleworth. MOVED by Stark seconded by Rahn carried that the Village pro- cure smoke extracting equipment for the Fire Department. Re: Grace Community Church: The Administrative Assistant pre- sented the request of said c'.qurch for Council approval of plans to construct a church approximately 40 x 70 feet on a parcel of land 325 x 270 feet deep, located on the east side of T. H. 100 and south of Golden Valley Road. It was understood that the church must decide whether or not to purchase the land be- fore May 15, 1954• With the consent of all Councilmen the Mayor deferred action on the matter until May 4th2 1954• Re: Schuller's Addition: The Administrative Assistant advised the Council that Mrs. Clara J. Schuller, platter of Schullerts Addition, had deposited a certified check in the sum of ��500.00 with the Village to guarantee filing of said plat, and to guar- antee the construction of a road, purchase of street signs, correction of drainage, and maintenance of streets for one year from this date, and other Village subdivision requirements, said check being submitted in lieu of a bond. MOVED by Stark seconded by Foss carried to accept the guaranty check of Mrs. Clara J. 'Schuller to guarantee performance of Village subdivision requirements, to grant final approval of the plat of Schullerts Addition subject to approval of the En- gineer, provided Mrs. Schuller leave with the Administrative Assistant her copy of an erroneously executed plat in order that comparison may be made correctly executed plats, and that the Mayor and the Clerk be authorized to affix their signatures to correctly executed plats. On question by Member Rahn, the Administrative Assistant ad- vised that all platted areas will become residentially zoned upon codification and printing of the Comprehensive Zoning Or- dinance, adopted on June 2, 1953• The Mayor instructed that the matter be on all agendas until such codification and printing is accomplised. Re: Brookfair Addition Resolution: The Administrative Assistant showed a resolution which the platters of Brookfair Addition desired this Council to adopt, and stated that said resolution was a formalization of action taken by the Council on February 16, 1954• Member Rahn then introduced the following resolution herein quoted be title as follows, "RESOLUTION ACCEPTING BOND FOR DE- VELOPMENT OF BROOKFAIR ADDITION", and moved its adoption. The motion for the adoption of the foregoing resolution was second- ed by Member Starr, and upon vote being taken thereon, all voted in favor thereof. See Resolutions Book Page 7i . Re: Subdivision Bond, Scheid's Terrace: The Administrative Assistant presented the bond of the platters of Scheid's Ter- rance Addition, approved as to form by the Village Attorney, said bond guaranteeing certain acts required by the subdivis- ion requirements and policies of this Council. MOVED by Foss seconded by Bies carried to accept said bond. Mr. Cleo Kennedy, re Turnaround: Mr. Cleo Kennedy requested t e Council to execute an alleged agreement to construct a turnaround at the intersection of Avondale Road and Douglas Avenue, said agreement having been allegedly made in 1944 or 1945. Member Rahn was instructed to investigate the matter and to report his findings and recommendations to the Council at the earliest possible time. Mr. Owens was instructed to request the Planning Commission to pass upon the possible benefit to the Village should the turnaround be constructed. The Engineer was instructed to determine the probable cost of constructing the turnaround, to set grades for said turnaround, and to determine whether or not the turnaround could be con- structed with material available at the site. Re: Voting Districts: Member Rahn and the Administrative As- sistant displayed a map showing proposed election districts. The Council agreed to the new districts as shown, and instruct- ed the Attorney to prepare a resolution for adoption at the meeting of April 20, 1954. The Administrative Assistant was authorized.to employ additional part-time clerical 'ielp to re- arrange Voterts Registration Records, according to the new dis- tricts, Re: Medicine Lake Taxi Co. Auto Livery License: Member Rahn, License Committee Chairman, reporte on his investigation of Mr. Clifford Haley, 1920 Medicine Lake , applicant for said license, and d/b/a the Medicine Lake Taxi Company, and MOVED that an auto livery license be issued to said applicant for C m the Medicine Lake Taxi Company. The above motion was seconded by Member Stark, and upon vote being taken thereon, all voted in favor thereof. Police and Justice Reports for January, 1954: Member Bies presented his analysis of police and justice reports for the month of January, 195.. The report was accepted. The Admin- istrative Assistant was instructed to check upon an .entry in J.. P. Campbell's report regarding a partial payment by a Mr. Pastuzack. Policy, re: Street Lights: It was decided that requests for additional street lights, if granted, would not become effect- ive until the following budget year, and to request the North- ern States Power Company to re -survey the Village with the re- quest that recommendations be made in time for inclusion in the 1955 budget. Re: Billboards: The Village Attorney repeated his remarks of March 16th, 195., and stated that he would in the next few weeks submit a defendable opinion in writing to the Council ;on the matter. Ae Mayor ordered the matter placed on all subsequent agendas until the matter is -resolved. Correction of Special Assessment: Lots 2 and 3,.Block 20, Wirinetka, were erroneously specially assessed for Fund No. 16,' in 1952, in the total amount of 6533.19. Mr. Walter Glover, owner of said lots, has paid the above amount. The Village Attorney stated that he would determine whether or not the a- bove sum of money could be repaid to Mr. Glover. The Council ordered the special assessment roll corrected to reflect the fact that Faribault Street was not constructed between Sumter and Quebec Avenues in 1952. The Mayor ordered the matter plac- ed on the Agenda for April 20, 1954, for final disposition. Re: Commerical Property: Member Stark advised the Council that certain reliable persons would construct a commercial building between T. H. #55 and Sixth -Avenue North, facing Win- netka Avenue North, if they could obtain the land. i'liember Stark mentioned that the type of building proposed could be used for real estate offices, a bank,.and a post office, and that said persons would present the Council with plans .for the building on April 20, 19541 if they were successful in their negotiations. Policy, re: Specail Meetings' The Council agreed that when special meetings are called the notice of such special meeting should state the purpose of the meeting. Sanitary Sewers: Member Stark advised the Council that Crystal would participate in the construction cost of a joint sanitary sewer interceptor to the extent of 372 per cent, and that said percentage split would include maintenance on the sewer line for five years and construction in the City of Minneapolis as contemplated this year, but that any future construction in Minneapolis would be borne on a percentage basis depending up- on flow. Member Stark stated that he had advised Crystal that Golden Valley would not permit Crystal to limit Golden Valley as to capacity of the interceptor. Member Rahn then MOVED that Golden Valley disregard participa- tion by Crystal in the cost of constructing the interceptor in the northeast portion of the Village on the basis that the Village of Crystal is not offering Golden Valley a decent per- centage of the ratio of cost to probable savings to Crystal. After discussion, Member Rahn called for a second, but none was Forthcoming. Mr. Reinholdz and other residents of Noble Grove Addition stat- ed that persons in their area favored Golden Valley's construct- ing the interceptor without Crystal participation. Mr. Elmer and Mr. Todd, rebutted the above statement on the grounds tba t any saving possible is desirable. MOVED by Rahn seconded by Huebsch that Golden Valley offer Cry- stal forty percent of the cost of constructing a joint sanitary sewer interceptor, as a final offer. There being dissatisfaction on the part of other Councilmen with the above motion, Mayor Huebsch suggested a letter in- forming Crystal that Golden Valley would agree to a forty per- cent split of costs to be borne by Crystal, and that Crystal be given until Monday, April 12, 1954, to answer the letter. The Village .Attorney stated that the bond attorneys had ad- vised him that a four-fifths vote would be necessary to or- der construction of the northeast interceptor on either basis, i.e., with or without Crystal's participation in the cost of the interceptor. Upon vote being taken upon the above motion the following vcted in favor thereof: Foss, Huebsch, and Rahn; and the following voted against the same: Bias and Stark, whereupon the Mayor declared the motion lost through lack of a four-fifths major- ity. Member Stark then MOVED that Golden Valley accept the 37i per- cent split offered by the Village of Crystal. The above motion was seconded by Member Bias, and upon vote being taken thereon, the following voted in favor thereof: Bias, Foss, and Stark; and the following voted against the same: Huebsch and Rahn, whereupon the Mayor delayed the motion lost through lack of a four-fifths majority. Bills: MOVED by Rahn seconded by Stark carried to approve the following bills in the total amount of X23,720.32. 6775 Federal Reserve Bank 407.40 � 6776 Val Bjornson, Treas. 153.75 6777 through 6791 Payroll 21053.86 ti 6792 6793 Post Publishing Co. Construction 23.0 0 w Bulletin 36. 6794 C. E. Coulter 1,139.25 6795 A. Paul Lomman 12.00 A 6796 City of Robbinsdale 10.00 d 6797 J. A. Curtis 56.35 6798 Hoff Rubber Stamp Company 2.65 6799 St. Paul Stamp Works 19.60 6800 Farnham's 18.30 6801 Lonegren, Brackett, and Freeman 875.00 6802 State Commissioner of Administration 5.00 k� 6803 N. W. Bell Telephone Company 83.25 6804 Ace Maintenance 8..00 6805 Shell Oil Company 88.84 4 6806 Minn. Fire Equipment Co. 392.90 6807 Reinhard Brothers Co. 101.79 6808 Mine Safety Appliance Co. 28.00 �+ 6809 Northern States Power Co. 123.65 6810 Standard Oil Company 306.18 6811 Minn. Sand and Gravel Co. 38.85 6812 Rosenwald -Cooper 73.90 6813 Minn. F. W. D. Company 25.52 681. Hickling's Hardware 39.08 6815 Blacktop Service 'Co. 8.25 6816 Rihm Motors 5.59` 681$ Lester L. Elstad 51.36 6817 VOID 6819 Harry Hamman 37.88 A 6820 Suburban Henn. Co. Relief Board 607-05y 6821 N. W. National Bank,Fund 1.,15 & 17-14770-87 23,720.3 MOVED by Rahn seconded by Foss carried that the meeting adjourn. Attest: Clerk u m