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06-04-57 City Council Minutes1 1 -106- REGULAR MEETING of the VILLAGE COUNCIL June 4,1957 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 June 4,1957, at 7:00 o'clock P.M. The following members were present: Bies, Nadasdy, Rahn, Stark, and Teresi; and the following were absent: None. The Mayor called the meeting to order at 7:15 o'clock P.M. Re: Minutes: Action on the minutes of the meeting of April 2, 1957, insofar as the corrections to be supplied by the Village Attorney, was deferred to the meeting of June 18, 1957. The Mayor requested action on the minutes of May 28,1957, be deferred to the next regular meeting, June 18,1957. Public Hearing - Murri-Mac Development Area: The Village Engineer presented an affidavit of publication of notice in the official Village newspaper of public hearing to be held at this time and place regarding the 1957 Improvements as described in said affidavit. Said affidavit was examined, approved, and ordered placed on file. The Mayor announced that this was the time and place for the public hear- ing above referred to and all persons present who desired to do so were afforded an opportunity: to express their views thereon, and all written objections heretofore filed with the Clerk were presented and considered as follows: 0= CTOR OBJECTION None None Member Rahn then introduced the following resolution and MOVED its adoption: "RESOLUTION ORDERING CONSTRUCTION OF A CERTAIN PROPOSED PUBLIC IMPROVEMENT" (Murri-Mac Sanitary Sewer) The motion for the adoption of the foregoing resolution was duly seconded by Member Bies, and upon vote being taken thereon, the following members voted in favor thereof: Bies, Nadasdy, Rahn, Stark, and Teresi; and the following voted against the same: None, whereupon said resolution was de- clared duly passed and adopted, signed by the Mayor and his signature -107 - attested by the Clerk. See Resolution Book Page. Orening of Bids -Lateral Sanitary Sewer Improvement Project #57-3: The Village Engineer presented an affidavit of publication of notice of call for bids for Lateral Sanitary Sewer Improvement Project #57-3, per specifications. Said of €idavit 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 submitted in accordance with the above re- ferenced notice of advertisement for bids. The Village Engineeer pre- sented four sealed bids presented in the course of said notice, as follows: BIDDER BID Phelps -Drake Company, Inc. $3629787.50 1415 S. E. 8th Street Minneapolis,Minnesota Sornsin Construction Company 500 4th Street North $296,820.25 Fargo, North Dakota Rue Contracting Company A joint venture Lametti & Sons, Inc. $248,800.45 211 North Pascal Avenue St. Paul, Minnesota Barbarossa - Nodland Company $246,871.40 7810 Golden Valley Road Minneapolis, 27, Minnesota MOVED by Rahn seconded by Bies carred to refer the bids to the consulting engineer for study, tabulation and recommendation. Mr. Harry Mayeron, consulting engineer of the G.M. Orr Company, recommended acceptance of the low bid of Barbarossa & Nodland in the amount of $246,871.40. Member Rahn then introduced the following resolution and MOVED its adoption: "RESOLUTION AWARDING CONTRACT(S) FOR LATERAL SANITARY SEWER IMPROVEMENTS N0. 4(c)" (Including Murri Mac) The motion for the adoption of the foregoing resolution was duly seconded by Member Rahn, and upon vote being taken thereon, the following -members voted in favor thereof. Bies, Nadasdy, Rahn, Stark and Teresi; 1 -108 - 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 s`— , MOVED by Teresi seconded by Rahn carried to award the bid to the low bidder, and to instruct the Clerk to return the bid check or bond of unsuccessful bidders. Public Hearing___- Vacation of Street (part of Ardmore Drive): The Village Engineer presented an affidavit of publication in the official Village newspaper of notice of public hearing to be held at this time and place to vacate certain street (Part of Ardmore Drive). Said affidavit was examined, approved and ordered placed on file. The Mayor announced that this was the time and place for the public hearing above referred to. All persons present who desired to do so were afforded an opportunity to express their views thereon. OBJECTOR None PROPONENT Mr. Goldman, representative of Federal Container Corp. OBJECTION None REASON Mr. Goldman stated they want to complete street vacation and that they will pave and maintain the road, but not the alley, and that they will give an easement to the Village for access. There being no objections, the Mayor closed the public hearing. Member Rahn introduced and read the following resolution herein quoted by title and MOVED its adoption: "RESOLUTION ORDERING VACATION OF STREET" (Part of Ardmore Drive) 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: Bies, 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 l . RE: Letter from Hennepin County Highway Department: -109 - The Village Engineer presented a letter dated May 22, 1957, said letter concerned the extension of Douglas Drive. The Council referred the matter to the Village Attorney and Village Engineer for further negotiations with Hennepin County Highway Depart- ment, with the request that a report be made to the Council at the June 18, 1957, meeting. Request for Commercial Building Permit - Upjohn Company: The Village Engineer presented plans and specifications for the above referenced building. Mr. Miller of the Austin Engineering Company was present for the purpose of answering questions regarding the plans and specifications. MOVED by Bies seconded by Teresi carried to grant preliminary approval per plans and specifications, subject to approval of completed plans and specifications. Request for Commercial Building Permit- Standard Oil Filling Station: The Village Engineer presented plans and specifications for the above referenced building. Mr. Rosenwald was present for the purpose of answering questions regard- ing.the plans and specifications. The Council requested further time to inspect the site of the above proposed building. MOVED by Bies seconded by Stark carried to defer action to the meeting of June 11, 1957. Adjourned Public Hearing_ - Fund 57: ( See minutes of May 14,1957 ) This is an adjourned meeting continued from a duly advertised meeting first held on May 14,1957. The Mayor announced that this was the time and place for any and all persons who desired to do so to express their views on all improvements continued from the meeting of May 14, 1957. Storm Sewer & Drainage -East 2y Yale Garden Homes. & Lowry Terrace Drain - a e�Ar_ea: OBJECTOR OBJECTION Mr. Robert Varntiauer Mr. VanHauer stated citizens object - 3125 Orchard Avenue ing to said improvement had inspected the area and found little accumulation of water. When permanent grade is established and affected lots landscaped, there would be less water accumulation. Mr. VanHauer suggested -x10 - it would be cheaper to purchase low lying lots for ponding areas than to construct said improvement. Mrs. Helen Baxter Mrs. Baxter stated said improvement 3249 Noble Avenue would not help the condition and they would not benefit by said construction. Mrs. Florence Ellis Mrs. Ellis stated if some other way to 3100 Orchard Avenue pay for said improvement could be worked out, such as most benefited property owners pay a larger amount of assessment, it would contribute to agreement in the area. Mr. Theodore Valine, Jr. Mr. Valine stated Woodlawn Park area 4920 Triton Drive was all against this improvement. The benefit is disportionate to the cost. The Mayor thereupon declared the public hearing closed. The Village Engineer stated that this storm sewer project is necessary for the development of the area in the East of Yale Garden Homes and recommended that it be constructed. The Council discussed the above referenced improvement at length. The Village Attorney advised the Council against proceeding with said im— provement on the basis of petitions submitted heretofore. MOVED by Rahn seconded by Teresi carried to deny construction of said improvement. Upon roll call vote being taken thereon each member of the Council was recorded as voting as follows: Bies NO Nadasdy YES Rahn YES Stark NO Teresi YES Whereupon the Mayor declared the motion carried. Storm Sewer & Drainage Project — St. Margaret Marys Church Delphian Heights Drainaae Area: The Village Engineer stated that Mr. Lugouski, representative of St. Margaret Mary*s Church, had requested this matter be deferred again to enable further negotiations with the Minneapolis Park Board. The Council deferred the above referenced matter to the council meeting of June 18, 1957. -111 - Storm Sewer & Drainage - Douglas Drive Improvement Project: OBJECTOR Mr. Archie Robinson address unknown Mr. Wenzel prospective buyer in area. OB]ECTION Mr. Robinson stated the present ditch took care of the run-off in the recent rains. Mr. Wenzel inquired if the land adjacent to the Minneapolis Honey- well property would have to be filled. Mrs. James McNamee Mrs. McNamee requested that the 1561 West Constance Drive barbed-wire fence be replaced along the rail -road track to prevent children getting in the present ditch. The Council requested that the Village Engineer contact the railroad company regarding the replacement of the above referenced barbed-wire fence. PROPONENT Mr. Alan L. MacLean, representative of Minneapolis Honeywell Regulator Company REASON Mr. MacLean stated that there would not be any more drainage from the Honeywell building than from resi- dences in a similar land area, since Honeywell can only build on 1/3 of the land area. Mr. MacLean stated that Honeywell did not request said improvement. The Mayor thereupon declared the public hearing closed. The Village Engineer stated that the drainage in this area from an en- gineering stand point can be taken care of through the development of the existing open ditch, if the property owners affected have no objection to the existence of this open ditch. ;MOVED by Stark seconded by Teresi carried to deny the construction of said storm sewer improvement. Storm Sewer Improvement - Western Avenue: OBJECTOR OBJECTION Mr. William Ford Mr. Ford stated that after the 10 Mendelssohn Avenue North development of County Road #18 1 1 1 -112- PROPONENT Mr. Howard Loomis, representative of General Mills Company said improvement may not be necessary. REASON Mr. Loomis stated that the present 12" culvert did not handle the run- off water this spring. Member Bies stated his desire to work with the Village Engineer on said drainage improvement. The Mayor thereupon declared the public hearing closed. The Village Engineer stated that it was his opinion that this storm sewer should be constructed in order to properly take care of the drainage. MOVED by Rahn seconded by Stark carried to deny the construction of said storm sewer improvement. Street Improvement, Western Avenue: OBJECTOR Mr. William Ford 10 Mendelssohn Avenue North PROPONENT Mr. Howard Loomis, representative of General Mills Company OBJECTION Mr. Ford stated that he would not benefit, and that he will not share the assessment for this improvement. REASON Mr. Loomis stated that curb and gutter and black -top were necessary to handle traffic. The Mayor thereupon declared the public hearing closed. The Council discussed this improvement at length, Member Bies suggested constructing a base and road mat sufficient for one year, until plans for the Cloverlead on Highway #12 and County Road #18 are complete. MOVED by Teresi seconded by Bies carried to deny construction of curb and gutter. LVED by Rahn seconded by Teresi carried to construct the road only with Plant mix bituminous surface. Member Teresi then introduced the following resolution and MOVED its adoption: -113 - "RESOLUTION ORDERING CONSTRUCTION OF AND DIRECTING PREPARATION OF FINAL PLANS & SPECIFICATIONS FOR A CERTAIN PROPOSED PUBLIC IMPROVEMENT" (Fund -21 Western Ave. Pavement only) The motion for the adoption of the foregoing resolution was duly seconded by Member Rahn, and upon vote being taken thereon, the following members voted in favor thereof: Bies, Nadasdy, Rahn, Stark, and Teresi; whereupon said resolution was declared duly passed and adopted, signed by the Mayor ano his signature attested by the Clerk. See Resolutions Book Page Reauest for Rezoning -Highway #55 & Highway #100 - Calvary Temple: The Village Engineer presented the request for rezoning above referred to and reported the Planning Commission unanimously recommended denial of the request for rezoning for this use. Mr. Thomas Vennum, attorney representing Calvary Temple, was present for the purpose of answering questions regarding the proposed rezoning, and stated that they had made further studies of traffic and access to the major highway. Reverend Gordon Peterson was present for the purpose of answering questions regarding the proposed use of the above referenced property. MOVED by Rahn seconded by Teresi carried to refer the matter back to the Planning Commission in view of new traffic studies that have been made. Planning Commission - Replacement for Mr. Peterson: Member Bies recommended Mr. Adrian Helgeson, 1535 Hampshire Avenue North, to replace -Mr. Earl Peterson, his term expires December 31,1957. MOVED by Teresi seconded by Stark carried to appoint Mr. Helgeson to the Planning Commission as recosrimended by Member Bies. First Readin - Ordinance Establishing_Closing Hours for Sale of Intoxi- cating Liquor: MOVED by Rahn seconded by Teresi carried to give a first reading to an ordinance entitled: "AN ORDINANCE AMENDING THE VILLAGE CODE BY ESTABLISHING C1,OSING HOURS FOR LICENSEES FOR SALE OF INTOXICATING LIQUOR" MOVED by Teresi seconded by Rahn carried to approve the above ordinance herein quoted by title on its first reading. _114 - Second Reading - Ordinance Rezoning Property -of Golden Valley Methodist Church to Institutional: MOVED by Bies seconded by Stark carried to give a second reading to an ordinance entitled: "AN ORDINANCE AMENDING THE ZONING CODEC" (Methodist Church - 7600 Harold) MOVED by Teresi seconded by Stark carried to approve the above ordinance herein quoted by title on its second reading, f�ira�•, A Second Reading Ordinance Changing a Certain Street Name; MOVED by Teresi seconded by Bies carried to give a second reading to an ordinance entitled: "AN ORDINANCE AMENDING THE VILLAGE CODE" (Dawnview Terrace) MOVED by Teresi seconded by Stark carried to approve the above o dinance herein quoted by title on its second reading.. ,gam, UU �a • Sale of Non-Intoxicatina Malt Beverages in Places es of Amusements:(Bowlin Alley MOVED by Teresi seconded by Stark carried to give a first reading to an ordinance entitled: "AN ORDINANCE REPEALING SECTION 85.09 OF THE VILLAGE CODE" (Repealer of provision prohibiting sale or serving of non -intoxicating malt liquor in places of entertainment and amusement) Member Rahn voted NO on the above motion. MOVED by Teresi seconded by Stark carried to approve the above ordinance herein quoted by title on its first reading and upon vote being taken thereon, the members of the Council were recorded as voting as follows: Bies NO Nadasdy YES Rahn NO Stark YES Teresi YES Whereupon the Mayor declared the motion carried. McGinnis Case: The Village Attorney reported the case was on appeal to the State Supreme Court. -115- Revision--of-Village Code: The Village Attorney reported to the Council that the estimated cost for a thorough study and revision of the Village Code is $2,500.00. The result of this revision and study will be the modernization and bringing up to date of the Village Code. MOVED by Stark seconded by Teresi carried to instruct the firm of Kane & Helgeson, Attorneys, to proceed with the review and revision of the Village Code and to report on the cost of said revision as the work progresses. Deed to Cleo Kennedy: LVED by Teresi seconded by Stark carxied to instruct -the proper -Village, officials to execute the above referenced deed to Cleo Kennedy fort.`:the turnaround in Kennedy's South Tyrol Hills. Payment o£ Condemnation to Hazel V. McCarthy: MOVED by Teresi seconded by Stark carried to authorize the payment of $1,250.00, for the south 160 feet of Lot 1, Block 7, Tyrol Hills Addi- tion, to Hazel V. McCarthy. Condemnation of Certain Property in Northwest: Member Bies introduced the following resolution and MOVED Its adoption: "RESOLUTION ORDERING CONDEMNATION" (Various Trunk & Lateral Sewers In- cluding General Mills Area) The motion for the adoption of the foregoing resolution was duly seconded by Member Teresi, and upon vote being taken thereon, the following mem- bers voted in favor thereof: Bies, Nadasdy, Rahn, Stark, and Teresi; and the following voted against the same: None, whereupon said resolu- tion was declared duly passed and adopted, signed by the Mayor and his signature attested by the Clerk. See Resolutions Book Page:_. Contract with Animal Rescue_League: The Council deferred this matter to the meeting of June 18,1957. Bills: MOVED by Stark seconded by Bies carried to approve the bills as submitted on the prelist except one item listed on Suburban Hennepin County Relief bill, James Webb in the amount of $82.00. 1 -116— MOVED by Rahn seconded by Stark carried to adjourn the meeting. Attest: X�5e—. -." 0, - Village Clerk & + mi Risciaorri 1 1 Mayor