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06-18-57 City Council Minutes1 REGULAR MEETING of the VILLAGE COUNCIL -120- June 18, 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 18,1957, at 7:30 o*clock P.M. The following members were present: Bies, Nadasdy, Rahn, Stark. Member Teresi arrived at 8:00 and the following were absent: None. The Mayor called the meeting to order at 7:35 P.M. o'clock. Re: Minutes: & #dXWAAd&041• I30fz"�.;.44MoaI-IS 7 3. MOVED by Rahn, seconded by Teresi, carried ro correct the minutes of April 2, 1957, page 58, paragraph 2, by striking therefrom the follow- ing words: "The motion for the adoption of the foregoing resolution was duly seconded by Member Rahn and, upon vote being taken thereon, the following voted in favor thereof: Bies, Nadasdy, Rahn, Teresi; and the following voted against the same: Stark, whereupon said resolution was declared duly passed and adopted, signed by the Mayor, and his signature attested by the Clerk. See Resolutions Book Page ez �* and substituting in lieu thereof the following: "The motion for the adoption of the foregoing resolution was duly seconded by Member Rahn and, upon vote being taken thereon, the following voted in favor thereof: Bies, Nadasdy, Rahn, Stark, 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 d On discussion of the above motion to amend the minutes of the meeting of April 21 Member Stark stated that adoption of the motion would be contrary to fact, since he had voted "no" on the resolution because he did not think that sufficient time was allowed by the resolution calling the election on May 6. -121 - Mayor Nadasdy stated that he had taken the position from the beginning of the discussion on the proposed Village Hall, that he would not favor the Village Hall proposal or an election on it, unless the issue and the election had the unanimous backing of the Council. He further stated that he favored the Village Hall proposal and the holding of an election only because of his conclusion that the Council unanimously favored the erection of a Village Fall, although Mr. Stark may have disagreed on the time at which an election should be held. Upon roll call vote being taken on the above motion, each member was re- corded as voting as follows: Bies NO Rahn YES Nadasdy YES Stark NO Teresi YES Whereupon the Mayor declared the motion carried. MOVED by Bies seconded by Rahn carried to approve the minutes of May 28, 1957, June 4, 1957, and June 11, 1957, as corrected and read. Adjourned Public Hearing -Fund 57 (See minutes of Ma 14 1957) Storm Sewer and Drains e Project-5t.Mar axet Mar T's Church -Delphian Heights Drainage Area: MOVED by Rahn seconded by Teresi carried to defer the above referenced matter to the meeting of July 2, 1957. Re: Construction of Western Avenue Storm Sewer -General Mills: Mr. Howard Loomis, representative of General Mills, stated that General Mills air-conditioning system would discharge a minimum of 600 gallons of water per minute to 1200 gallons of water per minute maximum, and that this amount of water required a storm sewer rather than an open ditch for said water disposal. The Village attorney stated this improvement could not be acted upon favorably without calling another public hearing. Member Bies introduced the following resolution herein quoted by title and MOVED its adoption: "RESOLUTION PROVIDING FOR i PUBLIC HEARING BY CERTAIN PROPOSED PUBLIC (Fund -21 Western Avenue Storm Drainage) The motion for the adoption of the foregoing resolution was duly seconded by Member Stark, 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 -122 - passed and adopted, signed by the Mayor an his signature attested by the Clerk. See Resolutions Book Page % Said public hearing to be held July 16, 1957, Public Hearing -Proposed Watermain Improvement: The Village Administrator 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 proposed watermain as described in said affidavit. Said affidavit was examined, approved, and ordered placed on file. The Engineer advised the Council that the petition was 592% in favor; that the total cost is $26,000.00, or an estimated $5.65 per front foot. 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: OBJER OBJECTION None None MOVED by Teresi seconded by Rahn carried to defer action and continue the public hearing to July 2, 1957, pending the report of the Minneapolis City Council. Petition-.VJatermain-Meadowlane_,Janalyn Circle & Glencrest: The Village Engineer presented a petition signed by 54,1% of the residents in the above referenced area for a Watermain. MOVED by Stark seconded by Bies carried to defer the above improvements until 1958. Final Approval of Zimmerman Terrace Plat: The Village Engineer reported final approval by the Planning Commission on June 13, 1957. MOVED by Rahn seconded by Bies carried to grant final approval to the Zimmerman Terrace plat upon the recommendation of the Planning Commission, subject to the posting of a bond guaranteeing compliance with sub -division requirements to the Village of Golden Valley, said bond to be released one year from this date providing all requirements of said bond have been met in the opinion of the Village Engineer. Final Approval of Winnetka Heights Plat: The Village Engineer reported final approval by the Planning Commission on June 13,1957. -123 - Moved by Teresi seconded by Bies to grant final approval to the W innetka Heights Plat upon the recommendation of the Planning Commission, subject to the posting of a bond guaranteeing compliance with sub -division require- ments to the Village of Golden Valley, said bond to be released one year from this date providing all requirements of said bond have been met in the opinion of the Village Engineer. Calvary Lutheran Church Building Permit: All members of the Council agreed to add the above referenced matter to the agenda. Mr. Dick Jacobson appeared to answer questions regarding the proposed building plans. MOVED by Bies seconded by Stark carried to instruct that the chief build - -ing inspector issue a building permit per plans and specifications for the above referenced building, subject to the approval of the building plans by the International Conference of Building Officials. Request for Public Hearing -Rezoning Tract A,B,C - Registered Land Survey #266: MOVED by Bies seconded by Rahn, carried, that a notice of public hearing be inserted in the official Village newspaper of the above referenced re- zoning of said area from Railroad zone to Industrial Zone, the hearing to be held on July 16,1957. Request for Public Hearing -Rezoning N E.corner of Laurel & Pennsylvania Avenue: MOVED by Stark seconded by Bies, carried, that a notice of public hearing be inserted in the official Village newspaper of the above referenced rezoning, said public hearing to be held July 16,1957, rezoning said area from Open Development to Business and Professional zone. Request for Building Permit -Federal Container Corporation: Mr. Goldman appeared to answer questions regarding the proposed building plans. MOVED by Teresi seconded by Rahn carried to instruct that the chief building inspector issue a building permit per plans and specifications for the above referenced building permit, subject to the approval of the building plans by the International Conference of Building Officials. Request -for Building Permit -Standard Oil Company -Filling Station: Mr. Rosenwald, representative of Standard Oil Company, appeared to answer questions regarding building plans for a gasoline service station to be erected at approximately 9000 Olson Memorial Highway. MOVED by Teresi seconded by Rahn to instruct that the chief building inspector issue a building permit per plans and specifications for the -124 - above referenced building permit, subject to the approval of the building plans by the International Conference of Building Officials. Upon vote being taken thereon, each member of the Council voted as set forth below.- Bies elow: Bies NO Nadasdy NO Rahn YES Stark NO Teresi YES The Mayor thereupon declared the motion lost. Request for Building Permit -Jacuzzi Pump Company: The Village Administrator reported the request for hardship waiver was denied by the Planning Commission on June 13,1957. Moved by Teresi seconded by Rahn carried to grant approval of plans and specifications for building permit and to grant approval of said hardship waiver, subject to the approval of the building plans by the International Conference of Building Officials. Request for Building Permit-Cosom Industries: The Village Engineer reported the request by Cosom Industries for an addition to the rear of their present building for storage purposes. MOVED by Stark seconded by Bies carried to grant approval per plans and specifications and to instruct the Building Inspector to issue a building permit per plans on file in the office of the Building Inspector. Request for Billboard Sign -Dundee Landscaping Company: After discussion, the Council tabled the matter indefinitely. Request for Public Hearing - Dundee Landscaping Company: (Rezoning) MOVED by Bies seconded by Stark carried that a notice of public hearing be inserted in the official Village newspaper of the above referencedrezoning said public hearing to be held July 16,19571, rezoning said area from Open Development to Commercial zone. Resolution -Commending State Representative Leonard Lindquist Member Rahn introduced the following resolution and MOVED its adoption: "RESOLUTION COMMENDING REPRESENTATIVE LEONARD LINDQUIST" The motion for the adoption of the foregoing resolution was duly seconded by Member Bies, and upon vote being taken thereon, the following members -125 - 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 Resolution Book Page _% 3 f . Re: Assessment of Dust Abatement for Jersey Avenue South: Mrs. Gunelius, 101 Jersey Avenue South, appeared and objected to being assessed for street oiling. MOVED by Teresi seconded by Stark carried to specially assess the bene- fited property for one dust treatment for 1957, any other dust treat- ment required to be paid out of general funds, and to instruct that efforts be made to secure reimbursement from the contractors working for the Church of the Good Shepherd for any of said additional dust treatments. Hardship Waiver -Kenneth P. Albrecht -6332 Olympia: The Village Engineer advised the Council that said hardship waiver was approved by the Planning Commission on June 13, 1957. MOVED by Teresi seconded by Bies carried to grant said Hardship Waiver as recommended by the Planning Commission. Second Reading -Ordinance Re: Sale of Beer in Bowling Alleys & Places of Amusement: (See Minutes of June 4, 1957) MOVED by Teresi seconded by Stark carried to give a second 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) OBJECTOR Mrs. Vernon Mattson 732 Rhode Island Ave.S. Mr. Ray Michel 5800 Golden Valley Road Mr. Albin L. Winkels 914 Sumpter Ave.S. Mr.M.L. Volden 217 Hanley Road OBJECTION Deprive children the use of bowling alleys. Opposed on behalf of Calvary Lutheran Church Mr. Winkels stated he objected to beer being sold in bowling alleys. Mr. Volden stated the Red Crown Bowling alley had signed a letter stating that they would never re- quest a beer license -126- The Mayor inquired if there were any further objections; there being none, the Mayor closed the discussion. MOVED by Stark seconded by Teresi to approve the above ordinance herein quoted by title on its second reading. Upon vote being taken thereon, each member of the Council voted as set forth below. Bies NO Nadasdy YES Rahn NO Stark YES Teresi YES Whereupon the Mayor declared the motion carried. MOVED by Rahn seconded by Bies carried to instruct the Village Attorney to prepare an ordinance prohibiting the sale of non=intoxicating 3:.2 malt beverages and Intoxicating beverages in bowling alleys in the Village of Golden Valley. Members Teresi and Nadasdy voted "NO". MOVED by Rahn seconded by Bies to request the police department to enforce ordinance 95.06 of the Village Code. Upon vote being taken thereon, each member of the Council voted as set forth below: Bies YES Nadasdy NO Rahn YES Stark NO Teresi NO Whereupon the Mayor declared the motion lost. The Council instructed the attorney to include Sec. 95.06 in his revision of the village code. See Ordinance Book page 320 . Preliminary Approval of Replat of Lots 6,7, & 8 Keene, Higbee_-&-Bitzer' Golden Valley Outlots: The Village Engineer reported that the above referenced plat had received preliminary approval by the Planning Commission on June 13,1957. MOVED by Bies seconded by Stark carried to grant preliminary approval upon recommendation of the Planning Commission. Preliminary Approval of Replat of Lots 43 thru 49 Auditors Sub -Division #330: The Village Engineer reported the above referenced plat had received Plan- ning Commission preliminary approval on June 13,1957. MOVED by Bies seconded by Teresi carried to grant preliminary approval upon recommendation of the Planning Commission. -127 - Re: Extension of Douglas Drive, County Highway Department: The Village Administrator stated the cost of an improved type of railroad crossing as required by the Minn.Western Railroad would be included in the assessable cost of the improvement and extension of Douglas Drive. MOVED by Bies seconded by Stark carried to authorize the proper officials to secure the necessary easements and sign a memorandum authorizing said improvements. Contract with Highway Maintenance Center Re: Special Assessments: The Village Administrator presented a letter dated May 16,1957, from the Department of Highways, State of Minnesota, accompanied by the above men- tioned contract, said letter and contract were ordered placed on file in the Clerk's office. - Member Stark then introduced the following resolution and MOVED its adoption: RESOLUTION APPROVING "CONTRACT FOR USE OF TRUNK SEWER" for the adoption of the foregoing resolution was duly The motion seconded by Member Bies, and upon vote being taken thereon, the follow- ing voted in favor: Bies YES Nadasdy YES Rahn YES Stark YES Teresi YES and the following voted against the sacro: 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 % -17/0 .. Hardshiv Waiver -Richard E. Olson -1200 Winnetka Avenue North: The Village Administrator reported the approval of the above hardship waiver by the Planning Commission on June 13,1957. MOVED by Teresi seconded by Bies carried to grant approval of the hardship waiver upon recommendation by the Planning Commission. Re: Basement of Village Hall, Renovation and Construction of outside stairway: The Village Administrator reported the estimated cost for the above work 1 -125- $1,100.00 plus an additional cost of approximately $150.00 for inside repairs. The Mayor suggested rental of temporary space rather than spending any additional money for repairs to the Village Hall basement, and instructed that the matter be placed on the agenda for July 2,1957. The Council discussed the use of the present Council room by the treasurerts and book- keeping department. Second Reading -Ordinance Amending the Village Code by Establishing Closing Hours for Licensees for the Sale of Intoxicating Liquor: Moved by Teresi seconded by Stark carried to give a second reading to an ordinance entitled: "AN ORDINANCE AMENDING THE VILLAGE CODE BY ESTABLISHING CLOSING HOURS FOR LICENSEES FOR SALE OF INTOXICATING LIQUOR" MOVED by Teresi seconded by Stark carried to approve the above ordinance e herein quoted by title on its second reading. - & 3 Contract with Animal Rescue League of Hennepin County: MOVED by Teresi seconded by Stark carried to authorize the proper officials to execute the above referenced contract and order a copy filed in the Clerkts office. License Renewal -Juke Box-Georgets Steak House: Member Kenneth Rahn, chairman of License committee, recommended renewal of the above referenced license. Applicant Tie of License No. of License Georgets Steak House Juke Box License -Peddler of Prepared Food -Floyd B. Dalseth: Member Rahn recommended granting the above referenced license. 1402 MOVED by Rahn seconded by Teresi carried to grant a Peddlerts license to Floyd B. Dalseth for Prepared Foods. Applicant Type of License No. of License Floyd B. Dalseth Bills: Peddler 1401 MOVED by Bies seconded by Stark carried to approve the bills as submitted on the prelist. -129 - LVED By Bies seconded by Stark carried to adjourn the meeting. Mayor 1 1