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08-18-59 City Council Minutes.1 •?4 REGULAR MEETING of the VILLAGE COUNCIL August 18, 1959 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 August 18, 1959, at 7:30 o*clock P. M. Invocation: Father Rudolph M. Henrich, St. Margaret Mary Church, 2300 , Zenith Avenue North, Golden Valley, Minnesota. The following members were present: Bies, Flannagan, Nadasdy, Scherer and Teresi; and the following was absent: None. Present were Village Clerk and Administrator, Roger K. Ulstad; Village Attorney, Stanley D. Kane; Village Engineer, Donald Scr ensen; Building Inspector, Dan`Lynch; President of the Planning Commission, George Pennock; Secretary, June Brandt. Minutes of August 4, 1959: MOVED by Flannagan seconded by Bies carried to approve the above refer- enced minutes. Continued Public Hearin - Rezoning, Laurel Avenue: The Administrator presented the Planning Commission*s recommendation to defer the public hearing to September 1, 1959 to allow time for ana- lysis of the report from the Planning Consultants. MOVED by Bies seconded by Teresi carried to defer the public hearing on rezoning of Laurel Avenue property to September 1, 1959. Continued Hearing-- Rezoning, Winnetka Avenue (Gravel Pit): Mr. Ed Conry appeared and stated that he had no definite plan to present since negotiations with his client are not completed. Mr. Walter Kost, 1101 Orkla Drive, requested that the Council require any future applicants for rezoning of the property to be more fully prepared before requesting a public hearing. MOVED by Flannagan seconded by Scherer carried to cancel the public hearing. Public Hearing - Rezoning, Good Shepherd Lutheran Church: The Administrator presented an affidavit of publication in:.the official newspaper of the notice of public hearing on the proposed rezoning at 9200 Medicine Lake Road to Institutional zoning as described in said affidavit. 1 1 1 1 11 1 Regular Meeting of the Village Council, August 18, 1959 Said affidavit was examined, approved and ordered placed on file in the 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 an opportunity to express their views thereon, and all written objections heretofore filed with -the Clerk were presented and considered as follows: OB ECTOR OBJ�E�N None None The Mayor closed the public hearing. MOVED by Flannagan seconded by Scherer carried to give a first reading to an ordinance entitled: "AN ORDINANCE AMENDING THE ZONING CODE" (Institutional Zoning for Good Shepherd Lutheran Church) MOVED by Flannagan seconded by Scherer carried to approve the ordinance herein quoted by title on its first reading. Public Hearing - Storm Drainage Improvement. Tralee: The Administrator presented an affidavit of publication Inthe official newspaper of the notice of public hearing on the proposed Storm Drainage Improvement in Tralee addition as described in said affidavit. Said affidavit was examined, approved and ordered placed on file in the 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 an opportunity to express their views thereon, and all written objections heretofore filed with the Clerk were presented and considered as follows: OBJECTOR Mr. Melvin A. Hetland 324 Meander Road LeRoy C. Hagel 200 Cutacross Road OBJECTION Mr. Hetland stated that he was in' favor of storm sewer, but felt that certain changes in the plan for con— struction should be made. Agrees with viewpoint of Mr. Hetland. Feels modified plan of installation would not create enough flowage of surface water to damage blacktop street. 106 Regular Meeting of the Village Council, August 18, 1959 Laverne Schneck 210 Cutacross Road Darwin Weist 31 Meander Road The Mayor closed the public hearing. Feels catch basins would cut through and ruin one building site. Feels storm sewer should be installed on South rather than the North side of Cut - across Road to aid in averting the drainage problem at the intersection of Meander Road and Glenwood Avenue. MOVED by Flannagan seconded by Scherer carried to defer the proposed storm sewer improvement in Tralee addition until bituminous surfacing of streets can be accomplished. Public Hearing - Street Vacation (Douglas Drive, South of Highway ##55 and Part of Half Moond Drive): _. The Clerk presented an affidavit of publication in the official news- paper of a notice of public hearing on a proposal to vacate certain streets and portions of streets described in the resolution of the Council relating thereto, adopted on July 21, 1959. Said affidavit was examined, approved and ordered placed on file in the office of the Village Clerk. The Mayor announced that the meeting was open for public hearing on said vacation of streets and portions of streets, and all persons present to do so were afforded opportunity to express their views thereon, and were considered as follows: OBJECTOR Mr. Dan Lynch 120 Edgewood Avenue North PROPONENT Mr. Curtis Green, Architect 608 Turnpike Road Rev. Opsal, President of L.B.I. OBJECTION Asked whether the LBI entrance to Edgewood Avenue would be blocked off. REASON Mr. Green, Architect for Lutheran Bible Institute, explained the initial building and roadway plan and the sec- ondary plan. Rev. Opsal explained that the plat shown them at the time that they purchased the lots West of Douglas Drive indicated a turnaround planned at the South end of Douglas Drive, and that the L.B.I..cannot develop the lots across the 1 1 Regular Meeting of the Village Council, August 18, 1959 1 REASON (Continued) street without the vacation of Douglas Drive. He also stated that the main traffic outlets would enter onto Highway #55 and that the roadway (Oaktrail) entering onto Edgewood Avenue would be blocked to general traffic by means of a chain guard and would be used only as an emergency access. No one appeard regarding the Half Moon Diive vacation. The Mayor closed the public hearing. Member Teresi introduced the following resolution and MOVED its adoption (subject to vacation of Oak Trail by the Village or surrender of access by the Lutheran Bible Institute): "'RESOLUTION VACATING STREETS AND PORTIONS OF STREETS" 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: Bies,-Flannagan, Nadasdy, 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 Clerk. See Resolutions Book Page. MOVED by Teresi seconded by Flannagan carried to call a public hearing on September 15, 1959 for purposes of street vacation (Oak Trail). Request for Building Permit - Honeywell Warehouse Addition:, The Building Inspector presented the plans for the proposed addition to the Honeywell Company Warehouse at 1885 Douglas Drive North. MOVED by Flannagan seconded by Scherer carried to grant the building permit subject to the approval of the Building Inspector. Request for Building Permit - Fabri-Tek Company, 825 Rhode Island Avenu South The Building Inspector presented the plans for Fabri-Tek Company. Mr. Lyle Larsen, 830 Rhode Island Avenue South, stated that if any filling were to be done at 825 Rhode Island Avenue South, it would cause surface water drainage to flow directly onto his property as well as that of other residents in the immediate area. Regular Meeting of the Village Council, August 18, 1959 Mr, Holt, contractor for Fabri-Tek Company, stated that there are no plans to do any amount of filling of the property at the present time. MJVED by Flannagan seconded by Teresi carried to grant the building permit as indicated by the plans and subject to the approval of the Building Inspector. Request forBuilding Permit- Upjohn Company; The Building Inspector presented the plans for a proposed additional building for the Upjohn Company at 4650 Olson Memorial Highway. MOVED by Scherer seconded by Bies carried to grant the permit subject to the approval of the Building Inspector. Final Plat Approval - Brunswick Court, Ken Nash-: Mr. Mr. Pennock, President of the Planning Commission, presented the reco- mmendation of the Planning Commission. (See Planning Commission Minutes, August 13, 1959). MOVED by Flannagan seconded by Teresi carried to grant final approval of the plat subject to the posting of a bond by Mr. Nash. Final Plat Approval - Terra Linda Addition, D. L. Matzke; Mr. Pennock, President of the Planning Commission, presented the reco- mmendation of the Planning Commission. (See minutes of the Planning Commission, August i3, 1959). MOVED by Scherer seconded by Bies carried to grant final approval to Terra Linda Addition subject to (1) obtaining deeds for the land lying between the property lines and a 20 -ft. radius on all corner lots (2) understanding that approval of lots 2 and 3, Block 2, which are sub- standard, does not in any way establish future platting policy (3) the posting of a bond by Mr. Matzke, as recommended by the Planning Commission. Final Approval of Plats - Val Wood First Addition and Val Wood Second Addition; Mr. Pennock, President of the Planning -Commission, presented the reco- mmendation bf the Planning Commission. (See minutes of the Planning Commission, August 13, 1959) Platting bonds for these additions are filed with the Village Engineer. LVED by Teresi seconded by Flannagan carried to grant final approval of Val Wood First Addition and Val Wood Second Addition as recommended by the Planning Commission. 1 Regular Meeting of the Village Council, August 18, 1959 Ordinance Waiver - Sterling Investment Company_ ;Lot 7, Block 3, Kavlis Cederdale Mr. Pennock, President of the Planning Commission, presented the recomm- endation of the Planning Commission. (See minutes of the Planning Commi- ssion, August 13, 1959). LVED by Teresi seconded by Bies carried to grant the ordinance waiver subject to the Planning Commission recommendations as outlined in the minutes of the Planning Commission dated August 13, 1959. Ordinance Waiver - Wm. Richter, 2200 Orchard Avenue North: Council deferred the above referenced matter for an indefinite period of time. Award of Bids - Sanitary Sewer Project 59 -LF -23. 24, 25, 27, 29, and 30: The Clerk announced that pursuant to the resolution of the Village Council adopted July 21, 19591, and in accordance with the terms of the advertisements for bids published in accordance with said resolution, the Clerk and the Village Engineers had met in the Council Cahmbers at 7800 Golden Valley Road at 11:00 otclock A.M. on August 14, 1959, and had then and there publicly opened and read the bids recieved, Orr-Schelen, Inc., Engineers for the Village, tabulated said bids for the construction of the Lateral Sanitary Sewer Improvement No. 59 -LF -23, 24, 25, 27, 29, and 30. The Engineers tabulated the total of the contract cost under terms of said bids in accordance with the unit prices stated therein, and said bids were found to be as follows: Portion of NAME OF BIDDER work bid on TOTAL CONTRACT COST Northern Contracting Co. All $154,751.25 Phelps -Drake Co., Inc. to 1639737.75 Peter LaMetti Construction Co. it 153,586.97 LaMetti and Sons, Inc. to 180,574.80 Barbarossa-and Sons to 2131-195.00 Nodland Construction Co. it 159,357.00 Orr-Schelen, Inc., engineers for the project, reported that the bid of Peter LaMetti Construction Company, for the construction of Lateral Sanitary Sewer Improvement No. 59 -LF -23, 24, 25, 27, 29, and 30, was the low bid. 140 Regular Meeting of the Village Council, August 18, 1959 Member Flannagan then introduced the following resolution and MOVED its adoption: "RESOLUTION AWARDING CONTRACT FOR LATERAL SANITARY SEWER IMPROVEMENT NO. 59 -LF - 23, 240 25, 27, 29, and 30" 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: Bies, Flannagan, Nadasdy, Scherer, 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 LIZ Second Readin - Ordinance Revocation of Beer and Li uor Licenses: MOVED by Teresi seconded by Flannagan carried to give a second reading to an ordinance entitled: "AN ORDINANCE AMENDING THE VILLAGE CODE" (Revocation of Beer and Liquor Licenses) MOVED by Teresi seconded by Flannagan carried to approve the ordinance herein quoted by title on its second reading and to order publication thereof; See Ordinance Book Page 4 Ili - First Reading - Open Bottle Ordinance: MOVED by Flannagan seconded by Teresi carried to give a first reading to an ordinance entitled: "AN ORDINANCE AMENDING THE VILLAGE CODE" (Open Bottle Ordinance) MOVED by Teresi seconded by Bies carried to approve the ordinance herein quoted by title on its first reading. Resolution Ordering Dust Treatment, Olympia Street: Member Teresi introduced the following resolution and MOVED its adoption: "RESOLUTION ORDERING DUST TREATMENT FOR CERTAIN STREETS" (Olympia Street between Florida and Hampshire) 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: Bies, Flannagan, Nadasdy, Scherer, 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_. Regular Meeting of the Village Council, August 18, 1959 Planning Commission Budget: �n.rrr.— r Mr. Pennock, President of the Planning Commission, discussed certain points regarding budget for the Planning Commission for 1960, He requested that one person, under the supervision of the Village Engineer, be assigned and paid by the Village under Planning Commission budget, to keep material up to date as reports from Planning Consultants and other Planning Commission matters come up. No action was taken. Storm Sewer - Colorado from Laurel Avenue to Wayzata Boulevard: No action taken. Proponent has withdrawn his request. Re: Special Assessment Consultation and Hearin The Administrator stated that in view of the minimal public appearance at the last Special Assessment Consultations, he would recommend a shorter period of time for consultation than in previous years. The Council approved the date of September 22, 1959, 7:30 P.M. for Assessment Consultation date. Member Teresi introduced the following resolution and MOVEDits adoption: "RESOLUTION PROVIDING FOR HEARING ON ASSESSMENTS FOR VARIOUS PUBLIC IMPROVEMENTS" (Lateral Sanitary Sewer Project #58 -LF, 1958 Curb and Gutter, 1958 Bituminous Surfacing, 1958 Watermains, 1958 Grading and Graveling, 1958 Dust Abatement) 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: Bies, Flannagan, Nadasdy, 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 Clerk. See Resolutions Book pageLa The preceding resolution calls for public hearing on October 6, 1959. License Request - George*s Steak House: All present agreed to add the above matter to the agenda. MOVED by Flannagan seconded by Bies carried to deny the application for license to sell non -intoxicating malt liquor. McGinnis Case: All present agreed to add the above matter to the agenda. 142 Regular Meeting of the Village Council, August 18, 1959 Council discussed the present status of the McGinnis case. MOVED by Teresi seconded by Flannagan carried to request the Civil Service Commission to appoint and certify to the Village Council a Chief -of -Police for the Village of Golden Valley. Bills: .......... MOVED by Flannagan seconded by Scherer carried to approve the bills as submitted -on the prelist. MOVED by Flannagan seconded by Scherer carried to adjourn the meeting at 11:00 o*clock P. M. Attest: Vi a Clerk d Administrator