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12-18-56 City Council MinutesREGULAR MEETING of the VILLAGE COUNCIL December 18, 1956 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 December 18, 1956, at 7:30 otclock P.M. The following members were present: Nadasdy, Rahn, Stark, and Teresi; and the following was absent: Bies. The Mayor called the meeting to order at 7:45 otclock P.M. MOVED by Teresi seconded by Rahn carried that the reading of the minutes of the meeting held on December 11, 1956, be dispensed with, and that said minutes be approved as submitted to this Council prior to this meeting, and as corrected at this meeting, unless some member of the audience wishes them read. (The minutes were not read.) Bids - Electronic Speed Meter with Attachments: The Administrator presented an affidavit of publication of notice of call for bids for purchase of one electronic speed meter with attachments. Said affidavit was examined, approved, and ordered placed on file. The Mayor announced that this was the time and place for the opening and consideration of sealed bids for the purchase of said equipment in accordance with the notice of advertisement for bids heretofore pre- sented to this Council. The Administrator presented one sealed bid presented in the course of said notice, and advised the Council that the Attorney was of the opinion that said bid could be opened and awarded inasmuch as the material being purchased was not only patented, but unique. BIDDER MODEL BID PRICE Nortronics Company 1 new model W-3 1015 So. 6th St., "Trafficorder" x;750.00 Mpls., Minnesota 1 counter 52.50 1 graphic recorder 550.00 500 ft. of electric cable & reel 85.00 3 rolls of chart paper 75.00 $1, 12. 0 The Council referred said bid to the Acting Chief -of -Police, who, after study, recommended that the Council accept the above bid. MOVED by Teresi seconded by Stark carried to accept the bid of the Nortronics Company for the furnishing of the above listed material per bid and per specifications at a cost not to exceed $1,512.50 and to return the bid check of the successful bidder on the furnishing of all items bid. Call for Public Hearing - Special Assessments, Sanitary Sewer Lateral Area No. 1 (G): Member Rahn introduced and read the following written resolution herein X52 -2- "Minutes of Regular Meeting of the Village Council, December 18, 195611 quoted by title and MOVED its adoption: "RESOLUTION ORDERING PUBLIC HEARING ON PROPOSED ASSESSMENTS (Lateral Sewer No. 1 (g)" The motion for the adoption of the foregoing resolution was duly seconded by Member Teresi and upon vote being taken thereon, the following voted in favor thereof: Nadasdy, Rahn, Stark, and Teresi; and the following voted against the same: None; whereupon said resolution was declared duly passed and adopted, signed by the Mayor and his signature attested by the Clerk. See Resolutions Book Page -,I,' . Ordinance Licensing Christmas Tree Lots: MOVED by Rahn seconded by Teresi carried to give a first reading to an ordinance entitled: "AN ORDINANCE TO LICENSE AND REGULATE THE SALE OF CHRISTMAS TREES WITHIN THE VILLAGE OF GOLDEN VALLEY, AND TO PROVIDE PENALTIES FOR VIOLATIONS'?. MOVED by Rahn seconded by Teresi carried to approve the above ordinance quoted by title on its first reading. The license fee provided for in said ordinance was set at $50.00 per year, inasmuch as Christmas tree lots require special services from the Police and Fire Departments. Second Reading_- Ordinance Rezoning the "Longyear" Property: Mr. Edmund T. Montgomery, counsel for the E. J. Longyear Company, petitioned the Mayor to re -open the public hearing in order that he might be heard. The Mayor, with the approval of the entire Council, declared the public hearing held on December 11, 1956, re -opened for the purpose of hearing any and all objectors to the proposed re -zoning of the property described in the affidavit of publication from Industrial Zoning to Open Development District. OBJECTOR Mr. Edmund T. Montgomery OBJECTION Mr. Montgomery objected on the grounds that his clients had not finally committed themselves to the non -user of property located in Golden Valley. Mr. Montgomery objected upon other grounds too lengthy to recite herein. (No written objections were filed with the Clerk prior to the instant meeting.) The Mayor then called for additional objections to the proposed re -zoning and hearing none, declared the public hearing closed, The Council, after lengthy, detailed, and conscientious consideration and re -consideration to 1 1 the Zi� pr4m 1 loch 4im as set fuGoeIm 1 1 -3 - "Minutes of Regular Meeting of the Village Council, December 18, 1956" ordinance entitled: "ORDINANCE AMENDING THE ZONING CODE (E. J. Longyear and J. W. Church)". The second reading was then had, after which MOVED by Teresi seconded by Rahn carried to approve the above ordinance herein quoted by title on its second reading and to order immediate publication thereof. Adjourned Public Hearin - Rezoning, Kindom Hall of Jehovah's Witnesses: Mr. Gustav A. Larson, counsel for said organization, discussed the matter with the Council. The Administrator presented and read the Village Engineer's recommendation dated December 18, 1956, and commented on the fact that petitioners had now presented information,which information they had not previously presented to either the Planning Commission or the Council. The Mayor then declared, with the approval of the entire Council and all representatives of Kingdom Hall of Jehovah's Witnesses present, that the instant public hearing was adjourned to January 15, 1957. The Council instructed the Village Administrator to refer the matter back to the Village Planning Commission for study and recommendation to the Village Council prior to January 15, 1957• Variance Waiver - Lot 15, Block 2, McNair Manor, Mr. Samuel Bialick: The Administrator advised the Council that the whole Planning Commission had authorized the Ordinance Committee to act on behalf of the whole Commission in the instant matter, and read the report of Mr. Harold Hanson, chairman of the Ordinance Committee. MOVED by Rahn seconded by Teresi carried to grant a waiver for variance to said lot per plat -and plans on file in the office of the Building Inspector, per recommendation of the Planning Commission. Twin Cities Area Regional Planning Conference: The Mayor, the Engineer, and the Administrator agreed to attend said confer- ence on December 27th, 1956, as representatives of the Village of Golden Valley. Fire Marshall's 1956 Report: The Council acknowledged receipt of the Fire Marshall's report for 1956, dated December 19th, 1956, and accepted said report as submitted by Mr. Cornelius Rydmark, Fire Marshall. Forster Distributing Company - Connection to St. Louis Park Watermain: All members of the Council agreed to add said matter to the agenda. Mr. John Stoep, representative of the Forster Distributing Company, advised the Council that he had secured premission from the City of St. Louis Park to connect the Forster Distributing Company to said city's watermain, and now petitioned the Village Council for permission to construct said watermain in the Village streets of the Village of Golden Valley. -4- "Minutes of Regular Meeting of the Village Council, December 18, 1956" MOVED by Rahn seconded by Teresi carried to grant permission to the Forster Distributing Company to construct a twelve inch watermain to service the Forster Distributing Company and other adjacent businesses on Turners Cross- road, subject to: (1) formal approval by the City of St. Louis Park, (2) approval of plans and specifications by the Village Engineer, (3) subject to the right of the Village of Golden Valley to assess all Golden Valley businesses or citizens for the furnishing of municipal water service, if and when Golden Valley constructs its own water system and (4) subject to the approval of the connection by the Golden Valley Water Commission. Application for On -Sale Non -intoxicating Malt Beverage License - Red Crown Bowling Lanes: (See minutes of December 11, 1956) The License Chairman presented the record showing that the present owners had, by letter dated May 15, 1956, agreed not to apply for an on -sale beer license as a consideration for the granting of a building permit, bowling alley license, and other considerations, and recommended that the Council deny the Red Crown Lanes an on -sale non -intoxicating malt beverage license on the grounds of the above referenced record. The Council discussed the matter at length and instructed the Administrator to cause the Police Department to check a report that patrons of the bowling alley were "spiking" at the bowling alley, and report the results of said investigation at the meeting of the Council to be held on January 3, 1957• Penal for Late License Applications: The License Chairman reported that the Administrator advised him that 19 applic- ations had been submitted to the Council for cigarette licenses, but that seventeen additional businesses had failed to make applications for cigarette licenses, even though advised to do so by the administrative office. Upon question, the Administrator recommended that the Council consider a penalty provision in the licensing ordinance. Member Rahn thereupon stated that he recommended that the Council impose a penalty of ten percent on all applicants who submit applications for license renewals after the administrative deadline; but that in any case, the penalty shall not be less than $2.50. MOVED by Rahn seconded by Teresi carried to give a first reading to an ordinance entitled: "AN ORDINANCE PROVIDING A PENALTY FOR LATE TENDER OF LICENSE FEES". MOVED by Rahn seconded by Teresi carried to approve the above ordinance on its first reading. Member Stark voted "NO". MOVFn by Rahn seconded by Teresi to approve the issuance of the following cigarette licenses per applications on file: Applicant No. of License Georgets Steak House 1185 Waldronts Drug Store 1186 Golden Hills Drug 1187 Golden Valley Golf Club 1188 "Minutes of Regular Meeting of the Village Council, December 18, 19561' A plicant No. of License Feld's Market 1189 Log Cabin Service 1190 Jensents Super Market 1191 Village Cafe 1192 Michae1ts 1193 Glenwood Hills Hospital 119 National Tea Company 1195 Sarenpats 1196 Schullerts Tavern 1197 New Boulevard Cafe 1198 Valley Inn 1199 VeeTee Company, Inc. 1200 Woodfill Shell Service 1201 Holiday Motor Hotel 1202 Golden House 1204 Correction of Erroneous Assessments - Adoption of Resolution: The Council deferred action on said resolution to January 15, 1957• Claim - Mr. George Hanson v. Sanitary Sewer Lateral No. 1: The Administrator presented the report of the Village Engineer dated December 18, 1956. Said report recommended the amount of $2,590.14 be paid. Mr. Duane W. Foss was present on behalf of Mr. Hanson. Xr. Foss stated that his client was threatening litigation unless the amount of $3,895.53 were paid. The Village Attorney, on question, stated that in view of the contractual oblig- ations undertaken by the Council at the time the sanitary sewer lateral was constructed on the George Hanson property, and in view of the fact that the Council and Mr. Hanson have heretofore fully settled and compromised all litigation with regard to this matter, which settlement and compromises have been executed by the proper Village Officials and are on file in the office of the Clerk of District Court, he did not believe that the Council was under a legal obligation to ask for bids for the work inasmuch as the Council has the right to settle all matters in which litigation is or may be involved. MOVED by Rahn seconded by Stark carried to authorize the payment of the sum of ?2,590.14 per recommendation of the Village Engineer; provided, however, that said amount of money is accepted by Mr. George Hanson as full payment for all damages to his property as a result of the construction of 1955 Sanitary Sewer Lateral Improvement No. 1. Salary Savings Plan: Mr. Duane W. Foss explained the Salary Savings Plan to the Council and advised the Council of employee participation in said plan. MOVED by Teresi seconded by Stark carried to ratify the action of the Mayor and the Clerk in executing the tlEmployeets Acceptance Salary Savings Plant' dated November 1, 1956. W "Minutes of Regular Meeting of the Village Council, December 18, 1956" RE: Refund of Interests Paid - Sanitary Sewer Lateral Assessments Against Property in the East Half of Yale Garden Homes: The Administrator reported the recommendation of the chief of the Special Assessments Division and recommended its adoption by the Council. MOVED by Rahn seconded by Teresi carried to accept the report of the chief of the Special Assessments Division dated December 18, 1956, and to dis-allow item number 23 on the prelist of bills, in the amount of $109.38. Petition for Sanitary Sewer Lateral, Northwest Trunk Area and Final Approval - Richland Hills Addition: MOVED by Rahn seconded by Stark carried to grant final approval to the plat of Richland Hills Addition upon recommendation of the Planning Commission and the Village Engineer and to instruct the proper Village Officials to execute said subject to the filing with the Administrator of a letter of intent to place $8,000.00 in escrow at the Golden Valley State Bank, said money to be used for the purpose of graveling the streets in said plat after the construction of sanitary sewer laterals. The Administrator thereupon advised the Council that there was, on file in his office, a one hundred percent petition for the construction of sanitary sewer laterals in said plat. Mr. Harry Mayeron of the G. M. Orr Engineering Company agreed to furnish Mr. Fred Jones, platter of Richland Hills, with a description of the Lateral Sewer District of which Richland Hills Plat will be a part. Upon question, Mr. Fred Jones agreed to file the above referenced letter of intent with the administrative offices within the next forty-eight hours. Vacation of Certain Streets - Lakeview Heights First Addition: (Sheriffts Radio Tower Area) MOVED by Rahn seconded by Teresi carried to instruct that a notice of public hearing on the vacation of the above referenced streets be inserted in the Village newspaper, said public hearing to be held on January 15, 1957• MOVED by Rahn seconded by Teresi carried to instruct the Administrator to cause notice of advertisement of public hearing to be inserted in the official Village newspaper regarding the zoning of an area described in the petition of area from Open Development to Institutional Zoning District, -said hearing to be held on the 15th of January, 1957. South Trunk Sewer Laterals; Call for Public Hearin The Administrator presented preliminary plans for lateral sanitary sewer improve- ments as prepared by the consulting engineers for the Village and said engineerts estimate for the cost of said improvement as follows: Total Cost $1,970,000.00 which plans and estimate were examined by the Council, approved and ordered. placed on file. -7 - "Minutes of Regular Meeting of the Village Council, December 18, 195611 Member Rahn introduced and read the following written resolution herein quoted by title and MOVED its adoption: "RESOLUTION PROVIDING FOR PUBLIC HEARING ON PROPOSED LATERAL SANITARY SEWER IMPROVEMENTS (Number 2-a -- 2-g inclusive)" The motion for the adoption of the foregoing resolution was duly seconded by Member Teresi and upon vote being taken thereon, the following voted in favor thereof: Nadasdy, Rahn, Stark, and Teresi; and the following voted against the same: None whereupon said resolution was declared duly passed and adopted, signed by the Mayor and his signature attested by the Clerk. See Resolutions Book Page Mr. Harry Mayeron presented "Preliminary Report and Estimate of Cost of Public Improvement Projects, Lateral Improvement Number Three". Said report was accepted by the Council and ordered placed on file. Mr. Mayeron stated that he would not be able to, at this time, accurately state the cost per front foot, but did state that in any event the cost would be very much higher than the cost of constructing laterals in the Northeast Trunk Area. Damaged Sanitary Sewer Tile - Meadowbrook High School Site: (See minutes of November 13, 1956) A complete report and actual cost figures regarding the damaged pipe was discussed at length. The Council accepted the recommendation of the Administrator that the Village use its influence to adjust the matter between the sanitary sewer contractor (Barbarossa-Nodland) and the landscape contractors for Meadowbrook High School. The Council then referred the matter to the Village Attorney with instructions to use his good offices to effect a settlement. Easement - John S. Olson, Northwest Trunk: Mr. Harry Mayeron stated that Mr. Olson had requested three stubs be placed under the trackage of the M. N. & S. Railway, but that he did not wish to be quoted as stating that the cost of three stubs would be a minor item; but that, however, in negotiating with Mr. Olson, Mr. Olson may agree to one stub instead of three. Bus Service: Mrs. Mike Holm asked the Council, through the Mayor, to use the Councilts good offices in securing more frequent bus service to the intersection of T.H. #55 and T.H. #100. The Council agreed to do whatever is possible to secure said service. Bills: MOVED by Rahn seconded by Teresi carried to approve the bills as submitted on the prelist with the exception of bill number 23 in the amount of $109.38, and to add to said prelist of bills the following: George Hanson, repair of driveway - $2,590.1. "Minutes of Regular Meeting of the Village Council, December 18, 1956" MOVED by Rahn seconded by Teresi carried to adjourn the meeting. I