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09-17-57 City Council Minutes-191 - REGULAR MEETING of the VILLAGE COUNCIL September 17, 1957 Pursuant to due call and notice thereof a regular meeting of the Village Council, Village of Golden Valley, Hennepin County, Minnesota, was held at 8030 Olson Memorial Highway in said Village on September 17, 1957, at 7:30 o'clock P. M. The following members were presents Bies, Nadasdy, Rahn, Stark, and Teresi; and the following was absent: None. Present were Village Clerk and Administrator Royce W. Owens, Village Eng- ineer Donald Sorensen, Village Attorney Stanley Kane, Village Treasurer C. W. Bryan, Mr. Neal Peterson, Attorney. Also present were Everett Frandsen, Acting Chief -of -Police, and Helen Penniman, Deputy Clerk. The following members of the Planning Commission were present: Mr. George Pennock, Mr. Paul Velz, and Mr. Hyman Shinder. Re: Minutes: MOVED by Teresi seconded by Stark carried unanimously to approve the minutes of the meeting of September 4, 1957. Public Hearing: osed Cal Belt Line between Ol The Village Clerk and 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 rezoning as described in said affidavit. The Village Administrator advised the Council that the Planning Commission did not recommend the rezoning above referred to. (See Planning Commission minutes of July 11, 1957) The Mayor announced that this was the time and place for the public hearing above referred to and all persons present who deisred 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; PROPONENT Mr. Melvin Orenstein, Attorney for Calvary Temple Rev. Gordon K. Peterson, Minister of Calvary Temple hy-3040 Mr. Orenstein stated the site was carefully chosen and had been pur- chased at considerable cost. Rev. Peterson displayed a drawing of proposed church. 1 1 Regular Meeting of the Village Council September 17, 1957 -192- IPROPONENT REASON I 1 Mr. Calvin Hetlund, Traffic analyzer for Calvary Temple OBJECTOR Mr. Melvin Phi I strom 524 No. Lilac Drive Mr. Jonas B. Schwartz, Attorney 517 Clover Lane Mr. Burr Markham 400 Natchez Avenue Mr. Fred Albert 516 Clover Lane Mr. Lee trust 5121 Olson Highway Mr. Hyman Shinder 5111 Olson Highway Mr. Hetlund stated a traffic study of the area from an engineering stand point presented no traffic hazzard on Sunday, and that only 30% of capacity of highway #100 was used on Sundays. Mr. Hetlund presented a traffic survey which was ordered placed on file. OBJECTION Mr. Philstrom said a steep bank on the curve of the service road caused a traffic hazzard during rush hours. Mr. Schwarts stated none of the residents had been consulted re- garding the construction of said church. He wants to see tax money derived from this property. Mr. Markham stated a parking problem was created in his area by a church meeting, and opposed this rezoning. I Mr. Ablert stated people were using the service drive for a short cut to the highway. Mr. trust asked where would church traffic enter and objected to ex- tensive use of the service drive. Mr. Shinder objected to heavy use of the service drive. The Mayor then declared the public hearing closed. Mr. George Pennock stated the position of the Planning Commission (See minutes Of July 11) 1957). MOVED by Rahn seconded by Stark carried unanimously to refer the rezoning of said area to the Planning Commission with the instruction to make a specifif recommendation regarding the zoning of the area. The Council instructed that this matter be placed on the agenda for October 15, 1957. -193- Regular Meeting of the Village Council September 17., 1957 Adjourned Public Hearing: Rezoning Winnetka Avenue and Medicine Lake Road, Elmer Lamphere: kSee minutes of September 4., 1 A letter dated September 14, 1957, from Mr. Elmer Lamphere, was presented and read. Said letter was ordered placed on file. The recommendations of the Planning Commisssion5 dated July 11., 1957, were read. MOVED by Bies seconded by Teresi carried to give a first reading to an ord- inance entitled: "AN ORDINANCE AMENDING THE ZONING CODE" (Hubbard-Lamphere) MOVED by Bies seconded by Stark carried to approve the above ordinance herein quoted by title on its first reading. The Council stipulated, that only the north 400 feet of said area as described in notice of Public Hearing were to be rezoned. Traffic Recommendations - 4H Sunshine Club: Miss Linda Falk) of the 4H Sunshine Club, presented a survey dated July 22., 1957. Said survey was ordered placed on file. The Council referred the matter to the Village Engineer and the Acting Chief-of-Police for study and recommendation at the meeting of October 15, 1957. Highway #100 & Golden Valley Road: Request for Rezoning of S. W. corner of The Council referred the above referenced matter to the Planning Commission for study and recommendation. Re: Acquisition of Brookview Propertys Member Rahn stated that he had been advised that the Minneapolis Park Board would meet with the Council before the Minneapolis Park Board took any steps to acquire the club property. Petition for Drainage Improvement, alley South of Circle Downs and North of M---I- U4 -1u..., 10 M-" Piiccol I W- TAndnilist. Mr. Warren Blaisdell: A petition was submitted for said area by Mr. Russell W. Lindquist, attorney. Said petition was ordered placed on file. MOVED by Rahn seconded by Teresi carried to refer the above matter to the Village Engineer for report and recommendation at the meeting of October 15., 1957. Ret Rental of space for Librar y7Mrs. Griffin: Mrs. Griffin presented a letter dated September 14, 1957, Said letter was ordered placed on file. I Regular Meeting of the Village Council, September 17, 1957 -194- Mr. G. Burton Brown of the Jaycees spoke in favor of a library for Golden Valley. Mrs. Nell Ferguson, League of Women Voters also favored said library. Mr. Lloyd Svitak, owner of the 633 Winnetka Avenue property, stated that he would accept a one year lease, with termination on 60 days notice, would be satisfactory to him. MOVED by Bies seconded by Stark to lease library. Upon roll call vote being taken was recorded as voting as follows: Bies YES Nadasdy ABSTAIN Rahn ABSTAIN Stark YES Teresi NO the Winnetka Avenue site for the thereon, each member of the Council The Clerk announced the vote. The Mayor asked the attorney for a ruling on the vote. The attorney stated that subject to further study he would rule the motion lost, but that the matter should be reviewed. The Mayor thereupon declared the motion lost. MOVED by Rahn seconded by Teresi to allocate the sum of $3,500.00 for rent and maintenance of the library in the 1958 budget, the location to be deter- mined upon recommendation of the Hennepin County Library. Upon roll call vote being taken thereon, each member of the Council was recorded as voting as followsr Bies YES Nadasdy YES Rahn. YES Stark YES Teresi YES Whereupon the Mayor declared the motion carried. MOVED by Rahn seconded by Teresi carried to instruct the Village Attorney to draft a resolution creating an Advisory Library Board. Public Hearine-Rezoning of certain areas to "Institutional Use": The Village Clerk and 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 rezoning as described in said affidavit, and stated that the Planning Commission approved the rezoning of said areas. (See Planning Commission minutes of August 8, 1957). The Mayor announced that this was the time and place for the public hearing 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: -195- Regular Meeting of the Village Council, September 17, 1957 OBJECTOR OBJECTION None None The Mayor then declared the public hearing closed. MOVED by Stark seconded by Bies carried unanimously to adjourn the Public Hearing regarding items #22 and #23 as listed in the notice of publication to a future meeting, date not decided. MOVED by Stark seconded by Rahn carried to give a first reading to an ordinance entitled: "AN ORDINANCE AMENDING THE VILLAGE CODE" (Rezoning Miscellaneous Parcels to Institutional) MOVED by Stark seconded by Teresi carried to approve the above ordinance herein quoted by title on its first reading. See Ordinance Book page -vi -L. Preliminary approval -Plat of Otto's First Addition: All present agreed to add the matter to the agenda. MOVED by Stark seconded by Bies carried to grant preliminary approval of said plat upon recommendation of the Planning Commission. (See minutes of August 8, 1957) Member Rahn introduced the following resolution and MOVED its adoption: "RESOLUTION PROVIDING FOR PUBLIC HEARING FOR A CERTAIN PROPOSED PUBLIC IMPROVEMENT" (Unity Avenue Lateral Sewer) 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. Said public hearing to be held October 15, 1957. See Resolutions Book page _/?�7,. : Ten foot stri of property on north side of Lot ll Block 1 Dawn Acres cond Addition, Robbinsdale School District W24: The Village Clerk and Administrator advised the council the above referenced matter was approved by the Planning Commission at their meeting of September 12, 1957. MOVED by Teresi seconded by Rahn carried unanimously that notwithstanding the fact that Robbinsdale School District #24 owns or may own a ten foot strip of property along the north side of lot 11, block 1, Dawn Acres Second Addition, that all present or future owners of said lot be permitted to construct a dwelling fifteen feet from the former north lot line. Regular Meeting of the Village Council., September 17., 1957 -196- Request for Condemnation, Unity Avenue, Mre George nouda, et alt A petition dated September 15, 1957, and a letter of equal date, were presented and ordered placed on file. MOVED by Rahn seconded by Teresi carried unanimously to instruct the Village Attorney to prepare a resolution ordering the condemnation of said property. Waiver -Mr. Joseph P. Lot 15, Block 4. Westurban The Village Clerk and Administrator advised the council that the Planning Commission denied said waiver at their meeting of September 12, 1957. MOVED by Teresi seconded by Rahn to grant said hardship waiver, upon roll call vote being taken thereon,, each member of the Council was recorded as voting as follows: Bie s NO Nadasdy ABSTAIN Rahn YES Stark ABSTAIN Teresi YES The Clerk announced the vote. The Mayor asked the attorney for a ruling on the vote. The attorney stated that subject to further study he would rule the motion lost, but that the matter should be reviewed. Whereupon the Mayor declared the motion lost. Ret Walter F. Scherr Plat -Lots 1 & ?I Block 1y .L Golden ValeGardens: -k The Village Clerk and Administrator advised the council that the Planning Commission at its meeting of September 12, 1957$ referred the above referenced, plat to the council MOVED by Stark seconded by Bies carried to grant final approval to the Scherr Plat upon recommendation of the Planning Commission, subject to the posting of a bond guaranteeing compliance with sub -division requirements of 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. ,ver -Milton C. Be�rnu,_,Lot 8, Block 2 M"M. i Oaks Fourth Additi Mr. George Pennock, President of the Planning Commission advised the Council that the'Planning Commission denied said request at its meeting of September 12, 1957. MOVED by Stark seconded by Teresi carried to defer the above referenced I matter to the Council meeeing of October 1., 1957. -197- Regular Meeting of the Village Council, September 17, 1957 Murri-Mac Request for Temporary billboard Permit: MOVED by Teresi seconded by Rahn carried to grant said "temporary" billboard permit. Application for Woodlake Sanitary Service: A letter dated September 13, 1957, from Edward Drury, President of the Woodlake Sanitary Service, Inc. was read. Said letter was ordered placed on file. MOVED by Rahn seconded by Teresi carried to grant a license to the Woodlake Sanitary Service to haul garbage in Golden Valley. Police Department - S eed of Traffic on CountZ Road L70 between Louisiana and Douglas Drive: A letter dated September 10, 1957, from Acting Chief -of -Police, Everett Frandsen, was read and ordered placed on file. MOVED by Rahn seconded by Bies carried to request that County Road #70 be posted with a 30 mile per hour speed limit. Police Department -Additional Patrolman: Letters from Acting Chief -of -Police dated September 17, 1957, Civil Service Commission dated September 17, 1957, and Finance Officer dated September 17, 1957, were read and ordered placed on fid. Mr. Royce Owens, recommended the employment of one additional police officer. MOVED by Teresi seconded by Rahn carried to employ an additional patrolman as soon as the report of physical examination is received and as soon as he is available, and to prepare specifications and advertise for bids for a new police patrol car. Re: County Road #102 -Douglas Drive Extended Report of Village En ineer and e„nrnval of Plana and Specifications: A letter dated September 16, 1957, from the Hennepin County Highway Department was read and ordered placed on file. MOVED by Rahn seconded by Teresi carried to approve the plans and specifications for County Road #102 Douglas Drive Extended and to authorize the proper Village official to sign same. Member Rahn introduced the following resolution and MOVED its adoption: "RESOLUTION ON APPROVING PLANS" S.A.R. 102 (Douglas 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 dulyppassed and adopted, signed by the Mayor and his signature attested by the Cleric. See Resolutions Book pagVY.17. 1 1 1 Regular Meeting of the Village Council, September 17, 1957 -198- Petition for Street Improvement, Mary Hills Additions A petition for the above mentioned improvement was submitted, dated March 4, 1957. Said petition was ordered placed on file. The Village Engineer advised the Council that the estimated cost of said improvement wast TOTAL COST: $3,000.00 which estimate was examined by the Council, approved, and ordered placed on file. Member Teresi introduced the following resolution and MOVED its adoption: "RESOLUTION PROVIDING FOR PUBLIC HEARING FOR A CERTAIN PROPOSED PUBLIC IMPROVEMENT" (Mary Hills Street Improvement) 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, 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. Said public hearing to be held October 15, 1957. See Resolutions Book page_. Report of Member Rahn -Golden Vallev-St. Louis Park Liaison Committee: Member Rahn advised the council that the committee had met once and will submit a written report to the Planning Commission and the Council at a future date'. Report of C. W. Bryan Re: Investment of Special Assessment Bond Funds: The Village Treasurer reported that the investment of money obtained thru the sale of improvement bonds will result in an earing of $13,000.00.. McGinnis Case: The Village Attorney reported that his brief was filed in the supreme court on the 26th day of August, 1957, and that Mr. McGinnis' attorney had request- ed a 30 day extension Before filing his reply. MOVED by Teresi seconded by Stark carried to authorize the attorney to use his discretion in grantipg or agreeing to such requests for additional time. Woodlawn Park Fence Replacement: All present agreed to add the matter to the agenda. Replacement of fence on Golden Valley Road and Noble Avenue in Woodlawn Park Addition is necessary due to sewer installation. -199- Regular Meeting of the Village Council, September 17, 1957 MOVED by Teresi seconded by Rahn carried to refer the above matter to the VillageEngineerwith instructions to prepare specifications and advertise for bids. The Village Attorney stated formal bids were not necessary. Appointment of Village Trustee: Mayor Nadasdy submitted the name of Mr. Arthur Flannagen, 316 Meander Road., Golden Valley for appointment as Village Trustee. MOVED by Bies seconded by Teresi carried to appoint Mr. Arthur Flannagan to the unexpired term of Mr. Kenneth W. Rahn. Member Rahn abstained. Re: Willard Sehnert, 293714oble Avenue: All present agreed to add the matter to the agenda. The Council was informed that the Village was not responsible in the above referenced case. MOVED by Stark seconded by Rahn carried to rescind the Council action of August 27., 1957, and void the check approved on that date. Budget Meeting: The Council set Tuesday, September 24, 1957, as the date for the next budget meeting. I MOVED by Teresi seconded by Stark carried to approve the bills as submitted on the prelist. MOVED by Stark seconded by Bies carried that the meeting adjourn. Mayor go—erk a i C1 and Administrator 1