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12-17-63 City Council Minutes1 i 1 REGULAR MEETING of the VILLAGE COUNCIL December 17, 1963 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 at 7800 Golden Valley Road in said Village on December 17, 1963, at 7:30 o'clock P.M. The following members were present: Flannagan, Nadasdy, Schaphorst, Scherer, and Teresi; and the following were absent: None. Present were Village Manager, Roger K. Ulstad; Village Attorney, Robert M. Skare; Village Engineer, Donald Sorensen; Village Clerk, Helen Penni- man; Building Inspector, Dan Lynch; President of the Planning Commission, Joe L. Brown; Robert Burns, Village Assessor. The Meeting was called to order at 7:10 P.M. Invocation: Rev. Roland 0. Koch, Golden Valley Lutheran, 100 Turner's Crossroad. Minutes of November 19th, December 4, 1963: MOVED by Flannagan seconded by Schaphorst carried to approve the minutes of November 19, 1963, and December 4, 1963, as submitted to the Council. Bond Sale, $110,000 Municipal State -Aid Street Bonds of 1963: The Mayor stated that this was the time and place heretofore fixed for the receipt of bids for the purchase of $140,000 Municipal State -Aid Street Bonds of 1963. The Clerk reported that five sealed bids for the purchase of $140,000 Municipal State -Aid Street Bonds of 1963, had been received by her prior to the time of this meeting, which bids were thereupon presented to the Council, opened, and publicly read and considered, and the highest and best bid of each bidder was found to be as follows: Name of Bidder NORTHWESTERN NATIONAL BANK JURAN & BOODY, INC. Kalman & Company PIPER, JAFFRAY & HOPWOOD J.M. Dain & Company Allison -Williams Company Interest Rate Premium 3.588% -0- 3.737% -0- 3.64% -0- Regular Meeting of the Village Council, December 17, 1963 Name of Bidder Interest Rate Premium PAINS, WEBBER, JACKSON & CURTIS Francis I, DuPont & Company 3.739% -0- AMERICAN NATIONAL BANK 3.69365% -0- After discussion of bids received, Member Flannagan introduced the follow- ing resolution and MOVED its adoption: "RESOLUTION AWARDING SALE OF $140,000 MUNICIPAL STATE -AID STREET BONDS OF 1963" The motion for the adoption of the foregoing resolution was duly seconded by Member Schaphorst and, upon vote being taken thereon, the following voted in favor thereof: Flannagan, Nadasdy, Schaphorst, Scherer, and Teresi; and the following voted against the same: None, whereupon said resolution was duly passed and adopted, signed by the Mayor And his sig- nature attested by the Village Clerk. See Resolutions Book page '' i4 - Member Teresi introduced the following resolution and MOVED its adoption: "RESOLUTION ESTABLISHING FORM AND DETAILS OF $110,000 MUNICIPAL STATE -AID STREET BONDS OF 1963" The motion for the adoption of the foregoing resolution was duly seconded by Member Flannagan and, upon vote being taken thereon, the following voted in favor thereof: Flannagan, Nadasdy, Schaphorst, Scherer, and Teresi; and the following voted against the same: None, whereupon said resolution was duly passed and adopted, signed by the Mayor and his sig- nature attested by the Village Clerk. See Resolutions Book page '`q 17 . Continued Public Hearin - Zoning; 6000 Laurel Avenue 6001 Glenwood Ave. 031 Glenwood Ave.: The Village Manager presented a request to withdraw the request for re- zoning by the proponent. Mr. Joe L. Brown, President of the Planning Commission, requested that the Council review the Planning Commission minutes regarding 6000 Laurel Avenue, 6001 Glenwood Avenue and 6031 Glenwood Avenue. MOVED by Flannagan seconded by Schaphorst carried to close the public hear- ing without Council action. Continued Public Hearing - Street Improvement (64 -BS -10) Boone Avenue: The Village Manager gave a resume of recent hearings regarding the pro- posed street improvement (64 -BS -10) on Boone Avenue. The Post Office has agreed to move the mail boxes to Boone & Mandan. Council took no action. 1 1 1 Regular Meeting of the Village Council, December 17, 1963 MOVED by Flannagan seconded by Schaphorst carried to close the public hear- ing. Public Hearin - Zonin • 1910 Douglas Drive 6155 Duluth Street 6150 St. Croix Avenue: The Village Manager presented an affidavit of publication in the official newspaper of the notice of Public Hearing as described in said affidavit. Said affidavit was examined, approved and ordered filed in the Clerk's office. The Mayor announced that this was the time and place for the public hear- ing above referred to and all persons who desired to do so were afforded opportunity to express their views thereon, and all written objections heretofore filed with the Clerk were presented and considered as follows: OBJECTOR Mr Gordon Garis 5920 Wolfberry Lane PROPONENT Mr. DeVries & William McFetridg of DeMa.c, Inc. Mr. Chas. Jungroth 5800 Duluth Street OBJECTION Mr. Garis questioned the distribut- ion of notices and asked if the Plan- ning Commission recommendation agreed with the Judge's recommendation in a former case involving this property. REASON Appeared to answer questions for Council regarding the proposed development of the area. Mr. Jungroth stated the residential character of the neighborhood is gone. Mr. Joe L. Brown, President of the Planning Commission, presented the recom- mendation of the Planning Commission to approve said zoning. (see minutes of October, November & December, 1963). MOVED by Flannagan seconded by Schaphorst carried to defer action and to continue the Public Hearing to the meeting of January 7, 1964. Public Hearing - Zoning, 6705 Olson Mem. Highway, Apostolic Lutheran Church: The Village Manager presented an affidavit of publication in the official newspaper of the Notice of Public Hearing as described in said affidavit. Said affidavit was examined, approved and ordered filed in the Clerk's office. The Mayor announced that this was the time and place for the public hear- ing above referred to and all persons who desired to do so were afforded opportunity to express their views thereon, and all written objections heretofore filed with the Clerk were presented and considered as follows: 207 Regular Meeting of the Village Council, December 17, 1963 OBJECTOR OBJECTION Mr. J. F. Daly Mr. Daly stated he bought residential 6481 Westchester Circle zoned property and expected it to re- main residential. The Church expects to get a windfall on rezoning. There are many children in the area, the traffic will be a definite hazard. Mr. F. J. Warner In event of legal action village will 6461 Westchester Circle get plenty of help. Mr. Warner has 10 children and expects another, the service road is narrow and will not handle additional traffic. The area was zoned residential four years ago when he built. Mr. A. J. Miller Has lived in village since 1948. 6189 Westchester Circle If area is opened to institutional it will effect adjacent land to the south of proposed church area. Mr. John E. Twomey This zoning will simply open a wedge 6169 Westchester Circle for further development along these lines. Long range plans should be presented. Mr. R. G. Loomis The Church must use the service road 6677 Olson Memorial Highway which is not designed for parking and use at the same time. As the Church grows the traffic will increase. Mr. Charles T. Hvass In agreement with all the previous 6.78 Westchester Circle reasons stated and requested the Planning Commission recommendations be followed. Dr. W. J. Bushard The proposed road in the rear of the 6473 Westchester Circle Church will be 25' from his home. Mr. Wayne L. Taylor Moved here a year ago because of the 6.90 Westchester Circle nice residential area and lack of traffic. PROPONENT REASON Pastor Hendrickson, Apostolic Proposed brick church seating 360 Lutheran Church in the nave and 400 in the balcony, with a four bedroom colonial resi- dence with parking area. 209 Regular Meeting of the Village Council, December 17, 1963 PROPONENT REASON Mr. J. E. Brill, Attorney Stated the courts have said churches belong in residential area, the church will not constitute a traffic hazard or limit access for fire or emergency calls. They can have access through the church property. Mr Brill stated it is incorrect that the Village need to permit an old folks home or hospital in institutional zoning. Mr. Joe L. Brown, President of the Planning Commission, presented the rec- ommendation of the Planning Commission to deny said zoning. (see minutes of October, November, 1963)• The Mayor closed the public hearing. MOVED by Flannagan seconded by Schaphorst carried unanimously to deny the request to rezone the property at 6705 Olson Memorial Highway to Institut- ional Zone, upon recommendation of the Planning Commission. Public Hearing - Zoning 5700 Duluth Street, Mobile Oil Company: The Village Manager presented an affidavit of publication in the official newspaper of the Notice of Public Hearing as described in said affidavit. Said affidavit was examined, approved and ordered filed in the Village Clerk's office. The Mayor announced that this was the time and place for the public hear- ing above referred to and all persons who desired to do so were afforded opportunity to express their views thereon, and all written objections heretofore filed with the Clerk were presented and considered as follows: OBJECTOR OBJECTION None None PROPONENT REASON Mr. B. Leonard Wohlberg, Mr. Wohlberg requested that the Mobile Oil Company request for zoning be referred back to the Planning Commission to clarify several points. MOVED by Flannagan seconded by Teresi carried to close the public hearing and refer the above referenced zoning to the Planning Commission. Public Hearing - Plat, Spruce 2nd Addition: The Village Manager presented an affidavit of publication in the official newspaper of the notice of Public Hearing as described in said affidavit. Regular Meeting of the Village Council, December 17, 1963 Said affidavit was examined, approved and ordered filed in the Village Clerk's office. The Mayor announced that this was the time and place for the public hearing above referred to and all persons who desired to do so were afforded op- portunity to express their views thereon, and all written objections here- tofore filed with the Clerk were presented and considered as follows: OBJECTOR OBJECTION None None Mr. Robert Hughes, representing Mr. Wines, appeared to answer questions for Council. Mr. Joe L. Brown, President of the Planning Commission, presented the rec- ommendation of the Planning Commission to approve said plat. (see minutes of 10-10-1963). The Mayor closed the Public Hearing. Member Flannagan introduced the following resolution and MOVED its adoption: "RESOLUTION" (Acceptance of Platting of Spruce 2nd Addition) The motion for the adoption of the foregoing resolution was seconded by Member Schaphorst and, upon vote being taken thereon, the following voted in favor thereof: Flannagan, Nadasdy, Schaphorst, Scherer, 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 signa- ture attested by the Village Clerk. See Resolutions Book page. Public Hearing - Street Vacation, Olympia Street: The Village Manager presented an affidavit of publication in the official newspaper of the Notice of Public Hearing as described in said affidavit. Said affidavit was examined, approved and ordered filed in the Village Clerk's office. The Mayor announced that this was the time and place for the public, hear- ing above referred to and all persons who desired to do so were afforded opportunity to express their views thereon, and all written objections heretofore filed with the Clerk were presented and considered as follows: OBJECTOR OBJECTION None None Regular Meeting of the Village Council, December 17, 1963 Mr. Joe L. Brown, President of the Planning Commission, presented the rec- ommendation of the Planning Commission to approve said street vacation. (see minutes of Nov. 14, 1963.) The Mayor closed the public hearing. Member Teresi introduced the following resolution and MOVED its adoption: "RESOLUTION" (Street Vacation - Olympia Street) The motion for the adoption of the foregoing resolution was seconded by Member Flannagan and, upon vote being taken thereon, the following voted in favor thereof: Flannagan, Nadasdy, Schaphorst, Scherer, and Teresi; and the following voted against the same: None, whereupon said resolution was declared duly passed and adopted, signed by the Payor and his signature attested by the Village Clerk. See Resolutions Book page. Re: _Special Assessments, Mr. Wilhelm: The Village Manager presented the request for an adjustment of special assessment for Mr. Lawrence Wilhelm, 8530 Rose Manor. Mr. Wilhelm ap- peared and discussed the formulae for assessments on Lots 6, 7, Block 2; Lots 7, 8, 11, Block 5 in Matzke's Terra. Linda Addition. Council took no action. Re: Special Assessments - Plymouth & Zealand Avenue: The Village Manager presented a request by Mr. Earl Wilson regarding the special assessments on Lot 3, Block 1, Castle Down Addition between Plymouth and Zealand Avenue. Council deferred the matter to the meeting of January 21, 1963. Fire Insurance Classification (Class 7) Fire Underwriters Communication: The Village Manager presented and read a letter dated December 9, 1963, from the Fire Underwriters Inspection Bureau. Said letter was ordered placed on file in the Village Clerk's office. Request for Building Permit - 5825 St. Croix Avenue, Colonial Acres Rest Home: The Building Inspector presented the request for a building permit for an addition to Colonial Acres Rest Home at 5825 St. Croix Avenue. NOVED by Flannagan seconded by Scherer carried to approve the request for a building permit for Colonial Acres Rest Home at 5825 St. Croix Avenue, sub- ject to the approval of the Building Inspector. 9 j ") AJ Ad Regular Meeting of the Village Council, December 17, 1963 Licenses: NDVED by Flannagan seconded by Schaphorst carried to approve the follow- ing licenses: No. Licensee TZpe Fee 2888 Red Crown Lanes Cigarette $12.00 2889 F & H Liquor Store Cigarette 12.00 2890 Bowery Tavern Cigarette 12.00 2891 The Point Supper Club Cigarette 12.00 2892 Jensen's Super Valu Cigarette 12.00 2893 Shell Servicenter Cigarette 12.00 2894 Paddy's Drive In No. 1 Cigarette 12.00 2895 Ice Center Cigarette 12.00 2896 Harry E. Johnson Company (Honeywell) Cigarette 12.00 2897 Golden Valley Golf Club, Inc. Cigarette 12.00 2898 Golden Valley Golf Club, Inc. Food 25.00 2899 Eric's Cafeteria Cigarette 12.00 2900 Don's Pure Oil Cigarette 12.00 2901 Bobbie Fern Hair Sylists Cigarette 12.00 2902 American Legion, Chester Bird Post #523 Cigarette 12.00 2903 Harding & Williams Cafeteria Cigarette 12.00 (James Ford Bell Research Center) 2904 Sarenpa's Cigarette 12.00 2905 Jerry's Lucky Dollar #5 Cigarette 12.00 2906 Plymouth Cab Co. (New) Taxi Cab 11.00 2907 Gray's Texaco Cigarette 12.00 2908 Medicine Lake Shell Cigarette 12.00 2909 Leo's Service Cigarette 12.00 Bills: MOVED by Scherer seconded by Flannagan carried to approve the bills as submitted on the prelist. Request to Advertise for Bids - Police Patrol Car: The Village Manager presented the request to advertise for bids for a Police Patrol car. MOVED by Schaphorst seconded by Scherer carried to advertise for bids for a Police Patrol car on January 7, 1961. Communications: The Village Manager read a letter dated December 13, 1963, from Mr. M. Filister. Said letter was ordered placed on file in the Village Clerk's office. Regular Meeting of the Village Council, December 17, 1963 The Village Manager read a communication from the University of Minnesota Center for Continuation Study. Request for Public Hearings: Street Name Change, Multiple Dwelling Ordinance Ordinance Amending Building Code, Residential Zoning The Village Manager presented a request for public hearings on the above ref- erenced matters. MOVED by Schaphorst seconded by Flannagan carried to call public hearings on the above referenced matters on January 21, 1961. Resolution Appropriating State Aid Funds (CSAR #66)• Member Schaphorst introduced the following resolution and MOVED its adoption: "RESOLUTION" (Appropriation of Municipal State -Aid Funds To C.S.A.H. Project) The motion for the adoption of the foregoing resolution was duly seconded by Member Scherer and, upon vote being taken thereon, the following voted in favor thereof: Flannagan, Nadasdy, Schaphorst, Scherer 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 attes- ted by the Village Clerk. See Resolutions Book page . Member Schaphorst introduced the following resolution and MOVED its adoption: "RESOLUTION" (No. 390-010 & No. 387-010) The motion for the adoption of the foregoing resolution was duly seconded by Member Scherer and, upon vote being taken thereon, the following voted in favor thereof: Flannagan, Nadasdy, Schaphorst, Scherer 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 Village Clerk. See Resolutions Book page Change Order - 63 -LF -1: Member Schaphorst introduced the following resolution and MOVED its adoption: "RESOLUTION AUTHORIZING CONTRACT CHANGE" (63 -LF -1) The motion for the adoption of the foregoing resolution was duly seconded by Member Flannagan and, upon vote being taken thereon, the following voted in favor thereof: Flannagan, Nadasdy, Schaphorst, Scherer, 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 Village Clerk. See Resolutions Book page 41/_ q. Regular Meeting of the Village Council, December 17, 1963 G. H. Tennant Company -Assessments: All present agreed to add the above matter to the agenda. Mr. George Pennock, President of G. H. Tennant Company, appeared before Council to request a review of the methods used in determining assessments. MOVED by Scherer seconded by Flannagan carried to adjourn the meeting at 12:00. Attest: Village Clerk 1 1