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02-01-55 Council Minutes2 REGULAR MEETING of the VILLAGE COUNCIL February 1, 1955 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 1st day of February, 1955, at 7:30 o'clock P.M.' The following members were present: Bies, Foss, Huebsch, Rahn, and Stark; and the following were absent: None. The Mayor called the meeting to order at 7:35 o'clock P.M. MOVED by Foss seconded by Rahn carried that the reading of the minutes of the meeting held on January 18th, 1955, be dispensed with and that said minutes be approved as submitt- ed to each member of this Council prior to this meeting unless some member of the audience wishes them read. ( The minutes were not read.) MOVED by Bies seconded by Foss carried that the reading of the minutes of the Special meeting held on January 27th2 19552 be dispensed with and that said minutes be approved as sub- mitted to each member of this Council prior to this meeting unless some member of the audience wishes them read. ( The minutes were not read.) Request for Repeal of Ordinance Prohibiting Drive -In Theatres: See minutes of January 1 th, 19 The Administrator stated that Mr. Walter Stepnitz had advised him that he would be unable to attend this meeting and had requested the Council defer action pending investigation of other interests which wish to participate in the venture. The Mayor stated that on June 7th, 1949, the Village Council had passed an ordinance prohibiting drive-in theatres in the Village of Golden Valley, and further, that the repeal of said ordinance had been submitted to the people for a referendum vote on December 4th, 1952, and that the results of said refer- endum were 635 persons against repeal and 310 persons in favor of the repealing of said ordinance. Mayor Fernstrom of St. Louis Park was present. At the request of the chair, he advised the Council that 4 or 5 years ago, St. Louis Park had before it a request for a drive-in theatre on Wayzata Boulevard and at that time, St. Louis Park had refused the request for a number of reasons, one of which be- ing official representations by the Village of Golden Valley against the drive-in theatre. 1 Mayor Fernstrom requested reciprocity in the instant case and stated that a drive-in theatre on Wayzata Boulevard would in- crease the traffic problems of St. Louis Park. The Administrator stated that he had been handed a petition signed by 729 persons, 334 of said persons being non-residents of the Village of Golden Valley, said petition urging ". . the Village of Golden Valley not to grant a permit or license for the so-called amusement center to be located on Wayzata Boulevard and Jersey Avenue extended; and, we particularly urge the Council to refuse a license for a drive-in theatre at that location". Said petition was ordered placed on file. Mr. S. M. McNamara, attorney, stated that he represented the non-resident signers of the aforementioned petition, and requested that he be kept advised on any and all developments relative to the drive-in theatre application. Mr. Clarence Green `'t� 300 Turner's Crossroad;° stated that he was spokesman for the Golden Valley residents who had sign- ed the aforementioned petition. Mr. Green thereupon read a statement protesting the construction and/or licensing of a drive-in theatre at the location set forth in the applica- tion of Mr. Stepnitz. Said statement was ordered placed on file in the office of the Village Clerk. Mr. M. A. Hetland, 324 Meander Road, stated that he had inves- tigated the "7 -Hi Outdoor Theatre" located a few miles from Golden Valley and that the total tax income to the municipal- ity concerned was $1,700.00 per annum, and that if the drive- in theatre under discussion yielded the same return to the Village of Golden Valley, the Village would receive approxi- mately $300.00 annual income in return for additional munici- pal services necessitated by the theatre. Mr. Hetland also stated that there -were plans for a Catholic Church to be located on Jersey Avenue South, extended, but that the Catholic authorities would not proceed with their plans if a drive-in theatre were constructed at the proposed location. Mr. August J. Piazza, 340 Westwood Drive North, requested that the Council not repeal the ordinance presently in force on the grounds that the Catholic Church and school would represent a greater gain to the Village than an outdoor thea- tre. The Mayor then stated -that the Council would discuss the in- stant matter in closed session. Member Rahn stated that a prior Council had passed an ordin- ance to avoid applications for drive-in theatres in the Vill- age of Golden Valley, and MOVED that this Council not entertain any request for out -door theatre licenses in 1955• The above motion was seconded by Mayor Huebsch. Discussion of the motion followed. Member Stark inquired of the audience as to whether or not there were objections to the cafe' and bowling alley. A Mrs. Mattson stated that she and her neighbors had no objec- tion to the bowling alley and cafe', but would object to liquor or 3.2 beer being sold in the cafe'. Member Stark thereupon stated that proponent of the drive-in theatre, this Council takes any action. he thought that Mr. Stepnitz, should be heard before Members Bies and Foss stated that the ordinance speaks for itself. Member Rahn then MOVED the previous question and upon vote being taken thereon, the following members voted in favor thereof: Bies, Huebsch, and Rahn; and the following abstain- ed from voting: Member Foss; and the following voted against the same: Member Stark. HardshipWaiver: George S. Crandell: The Administrator stated that the Planning Commission had no objection to the proposal of Mr. Crandell to divide Lot 21, Auditor's Sub- division No. 330, into two 98 foot lots and one 125 foot lot. MOVED by Rahn seconded by Foss carried to approve the above division of Lot 210 and to instruct the Building Inspector to issue building permits, provided however, that.this action shall not in any way prejudice the rights of the Village of Golden Valley to a perpetual surface water drainage easement on the west half of Lot 21, Hardship Waiver: Mr. John Washburn 55 5 Golden Valle Road: The Administrator a vised the Council that the Planning Comm- ission, at its meeting of January 13th, 1955, had approved the request of Mr. Washburn to construct a garage on his premises, said garage to be no closer than 12 feet to his west property line. MOVED by Rahn seconded by Bies carried to approve the above hardship per plans inspected by this Council and on file in the office of the Building Inspector. Request for Public Hearing, Rezoning: Mr. Ed Conry: The Administrator stated that Mr. Conry had advised him that representatives of "American Motors" were in the city and that said representatives are unable to wait for the rezon- ing of the property under discussion, and therefore had withdrawn his request for a public hearing. 1 C Request for Public Hearing, Minnesota State Highwa Department: See minutes of February 1 th, 1954* -)-Mr. E. J. McCubrey, Dis- trict Engineer, Mr. Bert McMullan, Assistant Attorney General, Mr. C. L. Motl, Maintenance Engineer, and Mr. A. H. Merrill, Assistant Maintenance Engineer, were present. Mr. Merrill ad- vised the Council that the Minnesota State Highway Department has a progressive, long-range plan, which might take 5 to 10 years to accomplish, for the landscaping and improvement of the area under discussion, and that the landscaping contempla- ted by the Highway Department would completely screen the maintenance center from Highway 100 and adjacent properties. In addition, Mr. Merrill stated that the Highway Department plans to donate the westerly 300 feet of the premises to the Village of Golden Valley for park purposes. Objection was raised to the present burning of rubbish and refuse on the premises. Mr. Merrill stated that at such time as the area is improved by the construction of the maintenance center, a proper incinerator would be constructed. The Administrator advised the Council that if the maintenance center is constructed, the service road between St. Croix and Golden Valley Road should be widened, that a service road connecting St. Croix Avenue and Medicine Lake Road should be constructed, and further, that a four-way junction must be provided, with islands and de-accel3artion lanes, at the inter- section of Medicine Lake Road and T. H. 100. Mr. McCubrey stated that the State Highway Department would include the above matters in their studies. MOVED by Bies seconded by Stark carried that notice of public hearing on the rezoning of a parcel of land presently owned by the Minnesota State Highway Department be inserted in the official Village newspaper and that said hearing be held on March 15th, 1955, Member Foss voted "NO". A lication''for Gasoline Service Station Permit: Mr. Lyle Larson et al: MOVED by Stark seconded by Foss carried that the Building Inspector be instructed to issue a building permit for the construction of a gasoline service station on T. H. 12 per plans and specifications inspected by this Council at this meeting and on file in the office of the Building Inspector. Adams Liquor :Store, Transfer of Licenses: MOVED by Foss seconded by Stark carried that Mr. Clifford Adams, d/b/a Adams Liquor Store, be permitted to transfer his soft drink, cigarette, 3.2 beer, and off -sale liquor licenses, from 9425 Sixth Avenue North, to 9410 Olson Memorial Highway. 26 Licenses: MOVED by Foss seconded by Rahn carried to approve the issuance of the following licenses for the purpose indi- cated per application on file: No. of License Type of License To Whom Issued 885 Soft Drink Wallace Grundstrom 884 Cigarette d/b/a Beltline Food Market 886 Gasoline service Francis E. Gray station d/b/a Grayts Texaco Service Salaries of Firemen: MOVED by Rahn seconded by Bies carried to approve the following fire department salaries for 1955, retroactive to January 11 1955: 1) Fire Chief, Assistant Chief, and whom- ever the Fire Chief designates as elig- able, to receive $2.50 per hour. 2) Regular firemen to receive 02.00 per hour. The Administrator was instructed to place on the egenda of the next meeting the matter of salaries of all employees. Westchester Addition: Acceptance of Streets: MOVED by Stark seconded by Bies carried that, upon the recommendation of the Village Engineer, and his report that said streets met or exceeded Village specifications for street construction and that no drainage problems existed at this time, to accept all streets in said addition with the exception of Douglas give North extended, and that the bond not be released until such time as final disposition is made of Douglas Drive North extended. Watermain Improvement: 26th Avenue North: The Village Admin- istrator stated that he had received a petition for a water - main improvement on 26th Avenue North between Zenith and Xerxes Avenue North, dated January 14th, 1955, said petition signed by owners of Dots 23, 24, and 25, Block 1, Delphian Heights. The Administrator stated that if the watermain called for by said petition were constructed the Council should consider the feasibility of looping all dead-end watermains in 19559 and particularly looping the watermain to which the watermain here- in proposed would connect. MOVED by Stark seconded by Foss carried to instruct the Village Engineer to prepare preliminary plans and cost estimates for the construction of a watermain to service said lots, and, in the alternative, to prepare preliminary plans and cost estimates for looping all the watermains in the Delphian Heights area. Ordinance, Assault and Battery. MOVED by Stark seconded by B es carried to give a first reading to an ordinance entitled, "AN ORDINANCE DECLARING ASSAULT AND ASSAULT AND BATTERY A MISDEMEANOR AND PROVIDING A PENALTY FOR THE VIOLATION THEREOF". MOVED by Stark seconded by Bies carried to approve the above ordinance quoted by title on its first reading. Ordinance: Non -Support: MOVED by Stark seconded by Bies carried to give a first reading to an ordinance entitled, "AN ORDINANCE DECLARING FAILURE TO SUPPORT WIFE OR CHILD A MISDEMEANOR AND PROVIDING A PENALTY FOR THE FAILURE OR VIOLATION THEREOF". MOVED by Stark seconded by Bies carried to approve the above ordinance quoted by title on its first reading. Second Reading, Ordinance: "Lon ear Company": MOVED by Stark seconded by Foss carried to give a second reading to an ordinance entitled, "AN ORDINANCE AMENDING THE ZONING ORDINANCE OF GOLDEN VALLEY WITH RESPECT TO HEIGHT RESTRICTIONS". MOVED by Stark seconded by Foss carried to approve the above ordinance quoted by title on its second reading and to order publication thereof. See Ordinance Book page . Resolution Appointing Vennum, Newhall & Ackman Codifiers: Member Stark then introduced the following resolution herein quoted by title and MOVED its adoption: "RESOLUTION APPOINTING VENNUM, NEWHALL, AND ACKMAN, CODIFIERS OF GOLDEN VALLEY LAWS". The motion for the adoption of the foregoing resolution was duly seconded by Member Foss and upon vote being taken thereon the following members voted in favor thereof: Bies, Foss, Huebsch, Rahn and Stark and the following voted against the same: None, whereupon said resolution was declared duly pass- ed and adopted, signed by the Mayor, and his signature attest- ed by the Clerk. See Resolutions Book page. Appointment, Civil Service Commission: The Administrator stated that Mr. Melvin R. Olmen, 250 Paisley Lane, had sub- mitted his resignation as a member of the Civil ;Service Comm- ission on January 31, 1955• MOVED by Rahn seconded by Bies carried that the resignation of Mr-. Olmen be accepted with sincere regret and appreciation for past services to the Village of Golden Valley. The Mayor recommended the appointment of Mr. Harold Swenson to fill the unexpired term of Mr. Olmen. MOVED by Rahn seconded by Bies carried that the appointment of Mr. Swenson be confirmed. Appointment, Planning Commission: MOVED by Foss seconded by Bies carried that Mr. Earl Peterson, 1300 Kelly Drive, be appointed to the Golden Valley Planning Commission, Mr. Peterson's term to expire December 311 1957• Appointment, Residential Building Inspector: MOVED by Stark seconded by Foss carried that Mr. Dan J. Lynch, 1537 Aquila Avenue North, be appointed Residential Building Inspector on a 60 day trial basis, and further, that Mr. Lynch be paid 60%. of all fees derived from the issuance of residential building permits. Schedules, Police Department: MOVED by Stark seconded by Rahn carrie that the Police Duty Schedule as submitted by the Chbf of Police on January 18th, 19552 be returned with instruc- tions to prepare a duty schedule in conformance with Police Department Rules and Regulations. The Council instructed the Administrator to prepare and forward to each Councilman a proposed duty schedule for the Police Department. Re: Vernon Horne: Reduction of Special Assessments, Fund #17: MOVED by Foss seconded by Rahn carried that the property of Mr. Vernon Horne located at 115 Turners Crossroad be assessed on the basis of 200 front feet and that the amount of $21.53 be refunded to Mr. Horne as erroneous over -payment of said special assessments. Re: Hospitalization Insurance: The Council instructed the Attorney to secure a ruling from the Attorney General's office as to whether or not it is permissible for the Village of Golden Valley to participate in the payment of premiums of hospitalization insurance for all municipal employees. Mr. Kane, on question, stated that the Village Council could, should it be found to be an illegal expenditure of public monies, require that all employees reimburse the Village of ,Golden Valley. MOVED by Foss seconded by Rahn carried to approve the following bills in the total amount of $61,356.73• 1000 thru 1027 Payroll $ 3s530-12,1- 7938 Farnhamts 385.51' 7939 Northern States Power Company 215.22 7940 Standard Oil Company 170.85- 79,41 Glenwood -Inglewood 5.20 7942 Hoff Rubber Stamp Company 9.70 7943 Doyle Lock Company 10.00-i- 7944 Shell 01.1 Company 115.65- 7945 Al McGinnis 7-84 7946 Larsen Garage 97.27 7947 H. L. Peterson 66.50 7948 Roy D. Elwell 122:00 7949 American Fire Ext. Co. 17,00 7950 Neal Rydmark 250-00 7951 Dr. S. Samuelson 2.00, 7952 Lester L. Elstad 34.77 7953 Harry Hamman 79-88 7954 Martin Paquette 88.86' 7955 C. E. Coulter 407,,15- 7956 N. W. National Bank 6,263-50 7957 Vernon Horne 21-53 7958 Water, Light, Power & Bldg Comm* G.V. 25-00 Total MOVED by Foss seconded by Stark carried that the meeting adjourn. Mayor Attes I i er M